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ILLUMINATION HEALTH + HOME (FORMERLY ILLUMINATION FOUNDATION)
INSURANCE NOT REQUIRED WORK MAY PRXEEP A-2026-074 CITY OtERK PATE% MAY 2 7 2026 p`4A c 17 Mi(1 OVh V�p��1ICinS�Az) FIRST AMENDMENT TO CONDITIONAL GRANT AGREEMENT by and between CITY OF SANTA ANA, a California charter city, and ILLUMINATION HEALTH+ HOME (FORMERLY ILLUMINATION FOUNDATION), a California nonprofit corporation. 918 North Bewley Street (APN 198-231-10) Dated: May [191, 2026 City Council 16 — 4 5/19/2026 First Amendment to Conditional Grant Agreement with Illumination Health + Home May 19, 2026 Page 3 EXHIBIT(S) 1. Staff Report from October 15, 2024 2. First Amendment to Conditional Grant Agreement Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 16 — 3 5/19/2026 EXHIBIT 2 FIRST AMENDMENT TO CONDITIONAL, GRANT AGREEMENT by and between CITY OF SANTA ANA, a California charter city, and ILLUMINATION HEALTH+HOME (FORMERLY ILLUMINATION FOUNDATION), a California nonprofit corporation. 918 North Bewley Street(APN 198-231-10) Dated: May [19],2026 i City Council 16 —4 5/19/2026 EXHIBIT FIRST AMENDMENT TO CONDITIONAL GRANT AGREEMENT HOMELESS HOUSING,ASSISTANCE AND PREVENTION GRANT THIS FIRST AMENDMENT TO CONDITIONAL GRANT AGREEMENT ("First Amendment") is made and entered into as of May [19], 2026,by and between the CITY OF SANTA ANA, a California charter city("City"), and ILLUMINATION HEALTH+HOME (FORMERLY ILLUMINATION FOUNDATION), a California nonprofit corporation ("Grantee"). RECITALS A. City and Grantee entered into that certain Conditional Grant Agreement dated October 15, 2024 ("Agreement") for the Project located at 918 North Bewley Street, Santa Ana, California. A copy of the Agreement is attached hereto as Exhibit A and incorporated herein by reference. B. City received Homeless Housing,Assistance and Prevention Program("HHAP") funds from the State of California and awarded HHAP funds to Grantee pursuant to the Agreement in the amount of Two Million Twenty One Thousand Three Hundred Nineteen Dollars ($2,021,319) (the "HHAP Grant"). C. The parties desire to amend the Agreement to modify2 certain provisions of the Agreement to allow for the disbursement of the HHAP Grant prior to June 30, 2026. This change will allow the City and Grantee to expend the HHAP Grant within the HHAP expenditure deadlines. NOW, THEREFORE,for and in consideration of the mutual covenants and agreements herein contained, City and Grantee agree as follows: AMENDMENTS 1. Section 3.3 Ct �ty Authority for Disburscments . Section 3.3 is hereby added to state the following: "Notwithstanding any provision of this Agreement to the contrary, City may, in its sole and absolute discretion, disburse any remaining HHAP fiends prior to June 30, 2026, for eligible costs incurred by Grantee consistent with the HHAP requirements, including reimbursement for eligible costs previously incurred,provided that such disbursement complies with all applicable state guidelines and funding requirements." City Council 16 — 5 5/19/2026 EXHIBIT 2 2. Section 4.2(c). Section 4.2(c) is hereby added to state the following: "Final Disbursement Timing Exception. Notwithstanding any other provision of this Agreement,City may make the Final Disbursement of the HHAP Grant prior to.June 30, 2026, provided that the expenditures comply with the HHAP requirements. The City may, in its sole and absolute discretion, impose terms and conditions on the Final Disbursement." 3. Grantee acknowledges and understands that, if the Final Disbursement is not expended by June 30, 2026, then the City may be required to withhold or demand repayment of this portion of the HHAP Grant. 4. Grantee represents and warrants that it changed its name from '"The Illumination Foundation" to "Illumination Health+ Home," as reflected by the Certificate of Amendment, filed with the California Secretary of State on or about March 17, 2025 and that, except for the change in name, the legal entity remains the same. 5. Except as expressly modified herein, all other terms and conditions of the Agreement shall remain in full force and effect. ATTEST: � r.M CITY OF S TA ANA JI as '(ae�R}`t Je er !1 Alvaro Nunez City erk City Manager Dated: Dated: r Z APPROVED AS TO FORM: SONIA R.CARVALHO,City Attorney By: Matthew Cody Best,Best& Krieger Special Counsel for the City Dated: t RECOMMENDED FOR APPROVAL: V Michael L. Garcia Executive Director Community Development Agency City Council 16 — 6 5/19/2026 EXHIBIT 2 GRANTEE ILLUMINATION HEALTH+HOME By: pcm�,3"- sv-,1a4 Name: Po ja Vjalla Title: Chief Executive Officer Tax ID: 33-0315864 Unique Entity ID: KUA8LPUW9TK9 City Council 16 — 7 5/19/2026 EXHIBIT 2 EXHIBIT A CONDITIONAL GRANT AGREEMENT `SEE FOLLOWING PAGES] City Council 16—8 5/19/2026 EXH&Ra-1169 Return FULLY EXECUTED 7 2�2� Copy to City Clerk, M-30 .w< CONDITIONAL GRANT AGREEMENT by and between CITY OF SANTA ANA, a California charter city, and ILLUMINATION FOUNDATION, a California nonprofit corporation. 918 North Bewley Street (APN 198-231-10) Dated: October 15, 2024 1 City Council 16 — 9 5/19/2026 EXHIBIT 2 i CONDITIONAL GRANT AGREEMENT HOMELESS HOUSING,ASSISTANCE AND PRE'VENTION GRANT t 3 THIS - CONDITIONAL GRANT AGREEMENT ("Agreement") dated, for identification purposes only, as of October 15, 2024, is made and entered into by and between the City of Santa. .Ana, a charter city and municipal corporation ("City"), and Illumination Foundation, a nonprofit organization("Grantee")with reference to the following: RECITALS. i A. Pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health.and Safety Code(Added by Stats.2019,c. 159(A.B. 101), Section 10, effective July 31, 2019), the State of California has established the Homeless Housing, Assistance and Prevention Program("HHAP"). HHAP is administered by the California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency.HHAP provides one-time flexible block grant funds to continuums of care, large cities (population of 300,000+) ; and counties to support regional coordination and expand or develop local capacity to address immediate homelessness challenges informed by a best-practices framewotk focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families-to maintain their permanent housing. B, City is the recipient of HIIAP fiends provided to local jurisdictions from the State i of California in HHAP Rounds 1,2,and 3. In 2020,the City entered into Agreement Number 20- HHAP-00019 with the State of California receiving and recognizing $8,422,162.84 in HHAP-1 fluids("State FIR AP- Agreement").In 2021,the City entered into Agreement Number 21.-1JHAP- 00012 with the State of California receiving and recognizing $3,981,386 in HHAP-2 grant funds i ("State HHAP-2 Agreement'). In 2022, the City entered into Agreement Numbers 22-HHAP- 10004 and 22-HHAP-20004 with the State of California receiving and recognizing$2,058,070.40 and $8,232,281.35, respectively, for a total of $10,290,351.69 in HHAP-3 grant funds ("State HHAP-3 Agreement"), The State of California requires that a portion of the HHAP Round 1, 2, and 3 funds be used for homeless youth aged 12 to 24 years old. True and correct copies of the State HHAP-1, HHAP-2, and HHAP-3 Agreements are attached hereto as Exhibit E and incorporated herein by this reference, C. Grantee is the owner of that certain real property located at 918 N. Bewley Street, Santa Ana,California 92703,with Assessor Parcel Number 198-231-10,which is more particularly , described in the legal description attached hereto as Exhibit A. (the "Property"). The Property contains buildings that were formerly used by The Lovers of the Holy Cross Sisters as a convent and preschool. The total area of the lot is 37,915 square feet, which includes two (2) two-story residential buildings and tho building used as a preschool. Grantee desires to renovate the existing F residential buildings for the purpose of using the Property as an eleven(11)unit affordable housing project, which will include: one (1) one-bedroom unit and seven (7) two-bedroom units for homeless youth, two (3) three-bedroom waits for homeless senior housing, and one (1) one- bedroom unrestricted manager's unit (the "Project"). The Project also includes twenty-nine (29) j parking spaces, with twenty (20) spaces for residents and nine (9) spaces for the intended preschool,with one (1) accessible space and one (1) loading pwlcing stall. 2 City Council 16 - 10 5/19/2026 EXHIBIT 2 D. Grantee responded to a Request for Proposals (RPP# 22-119) from.the City, and the Project was selected for an award of HHAP funds.Consistent with the Pre-Commitment Letter from the City dated July 18, 2023, City desires to provide financial assistance to Grantee for the Project by providing a grant to Grantee in an amount not to exceed Two Million Twenty One Thousand Three Hundred Nineteen Dollars ($2,021,319)on terms and conditions set forth in this Agreement("HHAP Grant"). E. The amount of the HHAP Grant was determined based upon the City's :review of the Grantee's proposal,and the proforma and projected cash flows for the Project submitted by the Grantee to the City ("Proforma"). The City Project Manager has authority to approve revisions to the Proforma and projected cash flows for the Project, provided that the 1U=1AP Grant is not materially increased or extended. F. Grantee desires to accept the JiHAP Grant on the terms and conditions set forth in this Agreement. Among other things,this Agreement requires an Affordable Housing Regulatory Agreement with Declaration of Restrictive Covenants and Conditions (".Regulatory Agreement") must be recorded against the Property and other protections to ensure the affordable housing requirements of this Agreement. G. Grantee represents that it has the requisite qualifications,expertise,and experience to develop, construct and rehabilitate the .Project and is willing to use said H JAP Grant for the Project. H. This Agreement is contingent upon the award of HHAP grant funds from.the State of California, California Homeless Coordinating and Financing Council in the Business, Consumer Services and Housing Agency. Z. The Project is in the best interest of the City and the health, safety and welfare of the residents of the City, and in accordance with the public purposes and provisions of applicable federal, state and local laws and requirements. NOW, THE,RErl ORE, for and in consideration of the mutual covenants and agreements herein contained, City and Grantee agree as follows: 1. DEr4INITIGNS AND INTERPRETATION 1.1 Defined Terms.All capitalized terms used herein,including,without limitation,in the Recitals above and in all other project Documents, unless otherwise expressly defined, are defined where first used in this Agreement and/or as set forth in this Article 1. (a) "A,ffordable Housing Unit"shall mean the ten(10) affordable units restricted for occupancy by the Regulatory Agreement as follows: one (1)one-bedroom unit and seven(7)two-bedroom units shall be restricted for occupancy by Qualified Homeless Youth who qualify as Extremely Low Income, and two (3)three-bedroom units shall be restricted for occupancy by Qualified Seniors who qualify as Very Love Income, as f n Cher defined in the Regulatory Agreement. I 1 5 City Council 16-- 11 5/19/2026 EXHIBIT 2 i (b) "Building hermit" means the building permit(s) issued by City and required for the construction. (c) "Business Day" means any Monday, Tuesday,Wednesday, Thursday or Friday on which Santa Ana City Hall is open to the public to conduct City affairs. (d) "Calendar Year"means each consecutive twelve(12)month period from January 1 to December 31. (e) "Certificate of Completion" has the meaning set forth in Article 13. { (f) "City„ means the City of Santa.Ana, California, a charter city and municipal corporation. (g) "City Deed of Trust"means the performance dead of trust referenced in Section 4.1(e). (h) "City Project Manager" shall mean the C",ity's Housing Division Manager, Homeless Services Manager and/or his/her designee. (i) "County" means the County of Grange, California. (J) "Extremely Lore Income"means an adjusted income that does not exceed thirty percent(30%) of the area median income for the Orange County, California j PMSA,adjusted for household size, as published by HUD. 4� + e Household"means an individual or family (k) L�ctrentely Low Income Y whose income qualifies as Extremely Low Income, adjusted for household size,as published by j HUD. (1) "Governmental Authority" means any governmental or quasi- f governmental agency,board,bureau,commission, department, court, administrative tribunal or other instrt mentality or authority, and any public utility. (M) "Grantee" means Illumination Foundation, a California nonprofit corporation,and its permitted successors and assigns to all or any;part of the Property, Project or this Agreement, (n) *'Hazardous Materials" means flammable materials,explosives, radioactive materials,hazardous wastes,toxic substances and Similar substances and materials, including all substances and materials defined as hazardous or toxic wastes,substances or materials under any applicable law, including without limitation the Resource Conservation and Recovery Act,42 U.S.C:, §§ 6901 et seep.,and the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 U.S.C. §§ 9601, et sect., as amended. Hazardous Material shall not include(i) construction products,household cleaners and office materials of the type and quantity ordinarily used in the normal construction,operation, ownership, occupancy and maintenance of properties similar to the Project or(ii) small amounts of household--told to the extent promptly remediated upon discovery. City Council 16 -- 12 5/1912026 EXHIBIT 2 i (o) "HUD" means the United States (U.S.)Department of Housing and Urban Development, and any successors or assigns thereof. (p) "Improvements" means all improvements and fixtures now and hereafter comprising the Project or any portion of the Property,including, without limitation, i landscaping,trees and plant materials; and offsite improvements, as required through the City of Santa.Ana Planning and Building Agency entittement process. i (q) "11HAP Grant" means a grant in the original principal amount of up to Two Million Twenty Ono Thousand Three Hundred Nineteen Dollars ($2,021,319) to be made to Grantee by the City to be funded exclusively from the HHAP funds. (r) ''Indemnitees" has the meaning set forth in Section 10.5. (s) "Laws" means all statutes,laws, ordinances,regulations, orders, writs, judgments,injunctions, decrees or awards of the United States or any state, county, municipality or other Governmental Authority. W "Lien" means any lien,mortgage,pledge, security interest,charge or encumbrance of any kind, including any conditional sale or other title retention agreement, any lease in the nature thereof,and any agreement to give any lien or security interest. (u) "Project" meads the Project Description/Scope of Work attached hereto as Exhibit B and generally described in Recital C. (v) "Project Budget" means the line-item budget for the Project attached I J � hereto as Exhibit C, as modified from time to time in accordance with this Agreement. (w) "Property" means the property located at 918 Bewley Street, Santa.Ana, California 92703,with Assessor Parcel Number 198-231-10,which is more particutaxly described in the legal description attached hereto as Exhibit A. (x) "Qualified.Senior(s)"means any person over the age of 62 who qualifies as"homeless"within the meaning of Section 578.3 of 24 C.F.R. § 578.3, and whose Gross Income does not exceed the limit for a Very Low Income Household. (y) "Qualified Homeless Youth"means any person between the age of eighteen(18) and twenty four(24)who qualifies as "homeless"within the moaning of Section 578.3 of 24 C.F.R. § 578.3, and whose Gross Income does not exceed the limit for an Extremely Low Income Household, Qualified Homeless Youth include unaccomparded youth who are i pregnant or parenting. i i W i4Regulatory Agreement"means the recorded affordability covenants required by Section 4.1 and attached hereto as Exhibit D. (aa) "Scope of Work" means the detailed statement of the work to be f performed by Grantee on and to the Property for the Project pursuant to this Agreement,which document is attached hereto as Exhibit B. City Council 16 — 13 5/19/2026 i EXHIBIT 2 i (bb) "Senior Lender" means a commercial or private financial institution providing the Senior Loan or any other holder of the Senior Lean Note, (cc) "Senior Loan" means a loan from the Senior Lender concurrent to the HHA.P Grant for payment of a portion of the construction casts,and shall include any subsequent loan that permanently refinances the initial Senior Loan, (dd) "Senior Loan Deed of Trust" means the first deed(s)of trust securing the Senior Lorin by encumbering the Property. (ee) "Senior Loam Documents" means,collectively, the loan agreement governing the Senior Loan,the Senior Loan,Note,the Senior Loan Deed of'frust,and any other j agreement,document or instrument that the Senior Lender requires in connection with the Senior Loan, (ft) "Very Low Income"means an adjusted income that does not exceed fifty percent(50%)of the area median income for the Orange County, California PMSA, adjusted for household size,as published by HUD, (gg) "Very Low Income Honsehoid"means an individual or fancily whose annual income qualifies as'Very Low Income, adjusted for household size, as published by � HUD. 1..2 Siynaular and Plural Terms.Any defined term used in the plural in this ; Agreement shall refer to all members of the relevant class and any defined term used in the l singular shall refer to any number of the members of the relevant class. 1.3 References Ind Other Terms. Any reference to this Agreement shall include such document both as originally executed and as it may from time to time be modified. References herein to Articles,Sections and Exhibits shall be constmed as references to this Agreement unless a different document is named. References to subparagraphs shall be construed as references to the same Section in which the reference appears.The term"document"is used in its broadest sense and encompasses agreements, certificates,opinions,consents,instruments and other written material of every kind. The terms "including" and"include" mean "including (include)without limitation." 1.4 Exhibits,Incor orat+ed.All exhibits to this Agreement,as now existing and as the same may from time to time be modified,are incorporated herein by this reference.The exhibits attached hereto and incorporated herein include: Exhibit A—Legal Description of the Property E Exhibit B—Project Description/Scope of Work Exhibit C—Project Budget Exhibit D..-Affordable blousing Regulatory Agreement and Declaration of Covenants and Restrictions i Exhibit E—State HHAP Round 1,2 and 3 Agreements E City Council 16— 14 5/19/2026 E i i i E EXHIBIT 2 f E i Exhibit F--City Deed of"Trust Exhibit G—NEPA Mitigation Measures Exhibit H--Community Worltforc:e Agreement(if applicable) � i 2. SCOPE OI''WORK/PROJECT BUDGET The Project is generally described in Exhibit B, and shall comprise of the rehabilitation of the Property as described in Recital C, to provide eleven(11)residential housing units, with ten(10)restricted as Affordable Units, and one (1)one-bedroom unrestricted manager's unit. The "Scope of Work" for the Project is attached hereto as Exhibit B.Any material change to the Scope of Work requested by the Grantee shall be subject to the prior written approval of the City Project Manager. The Scope of Work sets forth the construction work that shall be performed on the Property for the Project and tirneframes for approvals of such work. A line-item budget for the Project, including a summary of statement of sources and uses of funds, is provided in Exhibit C("Project Budget"). 3. CONDITIONAL HHAP GRANT 3.1 Provided Grantee complies with the terms of this Agreement and the Regulatory Agreement, Grantee will be subject to no repayment obligation. In the event the Project is not constructed in compliance with the Scope of Work within two (2)years from the date of the first disbursement of the HHAP Grant fluids, the City may terminate this Agreement and, pursuant to the default remedy provisions of this Agreement set forth in Section 6.1,the City shall seek repayment of all HHAP Gntnt funds. 3.2 Amount and Purpose. Subject to the terms and conditions of this Agreement, City agrees to make the IMP Grant to Grantee in an amount not to exceed Two Million Twenty One Thousand Three Hundred Nineteen Dollars($2,021,319),as follows: an initial disbursement of One Million Eight Hundred Nineteen Thousand One Hundred Eighty Seven Dollars($1,819,187) (the "Initial Disbursement")upon complete execution of this Agreement and satisfaction of the Conditions to Disbursement of HHAP Gratxt Proceeds, and Two Hundred Two Thousand One Hundred Thirty Two Dollars($202,132)(-the "Final Disbursement")upon completion of construction of the Project. Gran tee may use the proceeds in accordance with this Agreement for expenses that are actually and reasonably incurred by Grantee for the Project as set forth in the Scope of Work, and for no other purpose. 4. CONDITIONS TO DISBURSElV1Ci++NT OF GRANT PROCEEDS 4.1. Conditions Precedent, City's obligation to disb-t rse the HHAP Grant is subject to the satisfaction of the following conditions precedent: (a) City Council, Review, approval and execution of this Agreement and the Regulatory Agreement. i i i City Council 16— 15 5/19/2026 I i i EXHIBIT 2 i (b) Code Compliance.Compliance with California Health and Safety Code and applicable regulations set forth in Section 34176. E (c) Environmental Review. Compliance with and completion of environmental review of the Project pursuant to the California Environmental Quality Act ("CEQA") and the National Environmental Policy Act("NEP'A"),and review by the State Historic Preservation Offices C'SHPO"). i (d) Recordation of Regulatory AgEeement,The ten(1 p) "Affordable Units" at the Project shall and will be rented to Qualified Plomeless Youth and Qualified Seniors who qualify as Extremely Low Income and Very Low Income for an Affordable Rent for a period of I fifty-five(SS)years, in accordance with the Regulatory Agreement,which shall be recorded against the Project in the Official Records,County of Orange,California.("Official.Records"), subject only to those matters of public record to which the City agrees to in writing, Grantee will have a local preference for individuals who live,work or attend public schools in the City of Santa Ana in the selection of eligible residents. (e) Recordation of the City Teed of Trust. The City Deed of Trust shall be recorded against the Property in the Official Records, subject only to those matters of public record to which the City agrees to in writing. (f) Insuraneo, City shall have received evidence satisfactory to the City Attorney that all of the policies of insurance required by Section 19 of this Agreement are in full force and effect. j (g) Representations and Warranties, The representations and warranties of Grantee contained in this Agreement shall be correct in all material respects as of the date of disbursement as though made on and as of that date,and if requested by the City Project Manager, City shall have received a certificate to that effect signed by Grantee's Representative. (h) No Default.No Event of Default by Grantee shall have occurred,and no event shall have occurred which,with the giving of notice or the passage of time or both, would constitute an Event of Default by Grantee under this Agreement, and if requested by the City Project Manager,City shall have received a certificate to that effect signed by Grantee's Representative. (1) Satisfactory Progress. The City Project Manager shall be satisfied that, based on his/her own inspections or other reliable information,the construction is progressing satisfactorily in conformance with all applicable laws and other requirements. (j) Condition of Title. The City Project Manager reasonably believes that no event has occurred that would give rise to a colorable claim against the Property (e.g.,a mechanic's lien)superior to the claim of City against the Property with respect to the subject disbursement,or if such claim is made,then City Project Manager shall receive satisfactory evidence that such claim has been bonded over until its resolution. i 1 1 i City Council 16— 16 5/19/2026 i I i EXHIBIT 2 (k) Representations and W arxanties. The representations and warranties of _. Grantee contained in this Agreement shall be correct in all material respects as of the date of the disbursement as though made on and as of that date. i (1) The City's obligation to provide the HHAP Grant is and shall remain 1 subject to all covenants, conditions, and restrictions set forth in this Agreement, including the State bIHAP Agreement, and the City's analysis of the available funding sources,rehabilitation and operating costs of the Project,and the overall economic feasibility of the Project. 4.2 Disbursement Procedures fox Grant Conditions for Initial and Dual Disbursemin . The HHAP Grant proceeds shall be disbursed to Grantee to finance the the Project (as evidenced in the Project Budget,attached as El xhibit C) in accordance with the State HHAP Agreement, The HHAP Grant proceeds shall not be used for any purpose other than for costs set forth in the Project Budget,including Grantee fee and soft costs related to the the Project. (a) Initial Disbursement. City's obligation to make the Initial Disbursement is subject to satisfaction of the following conditions precedent: (i) The Project has received all required entitlements and discretionary actions to commence construction. j (h) All grading permits shall have been issued or the City shall have issued a letter stating that Building Permits are ready to issue,subject only to payment of fees and the completion of grading of the Project site. (iii) Grantee shall have secured all necessary financing and funding for the construction and operation of the Project. Such financing and funding shall be sufficient to pay all Project costs, as set forth in the Project Budget consistent with the approved Proforma(or as otherwise approved by the City), and must comply with the City's Affordable Housing Funds Policies and Procedures. (iv) Grantee shall have provided evidence to the City that the Grantee has obtained insurance policies and certificates or endorsements acceptable to the City, as described in this Agreement. (v) Grantee shall have provided construction security in favor ofthe City, which may include a completion guarantee from Grantee and/or a letter of credit and/or performance and payment bonds from the general contractor for the Project(or some combination of these),in an amount sufficient to ensure the Project will be completed and placed in service within the time set fott:h in the Project schedule approved by the City. I (b) Final Disbursement. City's obligation to make the Final Disbursement to Grantee is subject to the satisfaction of the following additional conditions precedent: j I (i) Construction complete.The construction of the Project shall be complete. i i i City Council 16 -- 17 5/19/2026 EXHIBIT 2 I (ii) Certificate of Occupancy Occupangy Issued.Any portion of the construction work requiring inspection or certification by any Governmental Authority shall have been inspected and certified as complete. Grantee shall request that the City of Santa Ana Planning + and Building Agency issue a Certificate of Occupancy,or similar doctunent as applicable, a copy of which shall be delivered to the City Project Manager,in order for the Final Disbursement to occur. j (iii) Lien free. At least one of the following shall have occurred: (1) Thirty-five(35)days shalt have passed since the recording 3 of a valid Notice of Completion as required by Section 8.5 for the construction, and no i mechanic's or materiatman's lien shall be outstanding; or (2) Ninety-five (95) days shall have passed since acim-d completion of the construction, and no mechanic's or material xan's lien skull be outstanding, or Grantee shall have bonded over any such.lien.to City's reasonable satisfaction. (iv) Grantee shall have provided evidence to the City that the Grantee has continued to maintain insurance policies and certificates or endorsements acceptable to the ! City, as described in this Agreement. I 4.3 Termination Right (a) Termination of State HHAP A If, at any time during the term of this Agreement, any of the State HFJAV Round 1, 2,or 3 Agreements are terminated by the � Business, Consumer Services and Housing Agency, the City may, at its sole discretion, terminate this Agreement by giving a minimum 30 days'notice of termination, in writing,to Grantee. Upon termination of this Agreement,unless otherwise approved in writing by the City, any -unexpended funds received by the Grantee shall be returned to the City within 30 days of the City's notice of termination. (b) Termination for Failure of Condition.If(a)any of the conditions precedent set forth herein are not timely satisfied within two (2)years of the date of this Agreement(subject to applicable notice and cure rights), and.(b) City is not in default under this { Agreement, City may terminate this Agreement without any further liability on its part by giving written notice of termination to Grantee, Upon the giving of such notice, the City shalt not be obligated to pay to Grantee the HHAP Grant, any portion thereof, or any other amounts owing under the Agreement, and Grantee shall be required to return to the City any I*1AP Grant monies received but not expended on the Proj ect as of the date of the notice of termination. 4.4 Waiver of Conditions.The conditions set forth pertaining to City's obligation to make disbursements of the HHAP Grant proceeds are for City's benefit only and the City Project Manager may waive all or any part of such rights by written notice to Grantee. 4.5 Manner of Disbursement.City may make any disbursement by check or wire transfer payable to Grantee. ! City Council 16— 18 5/19/2026 i EXHIBIT 2 4.6 'Waiver of Disbursement Conditions. Unless City otherwise agrees in writing, � the making by City of any disbursement with knowledge that any condition to such disbursement is not fulfilled shall constitute a waiver of such conditions only with respect to the particular disbursement made, and such condition shall be conditioned to all further disbursements until fulfilled. 4.7 Other Terms and Condition !grant.Any disbursed Grant amounts shall become immediately due and payable by Grantee back to City,in the event of any of the following. (a) Failure to complete the Project within two (2)years of the date of the first disbursement, unless extended due to Force Mateure delays, (b) Violation of any of the use covenants and restrictions contained in this Agreement after the expiration of any applicable notice and cure periods; or, (c) An Event of Default by Grantee,which is not timely cured after expiration of any applicable notice and cure periods pursuant to the terms of this Agreement. 4.8 Costs and Pees. Grantee shall pay all recording lees and charges on any document recorded pursuant to this Agreement. 5. USE AND MAINTENANCE OF TIC PROPERTY 5.1 Maintenance of the Proper .During construction and rehabilitation of the � Project, solely at Grantee's expense, Grantee agrees to maintain the Property in a clean and orderly, condition and in good condition and repair and keep the Property free from any accumulation of debris and waste materials, If at any time Grantee Bails to maintain,or cause to be maintained,the Property as required by this section, and said condition is not corrected after the expiration of a reasonable period of Onne not to exceed thirty(30)days from the date of written.notice from the City,unless such condition cannot reasonably be cured within thirty(30) days,in which case Grantee shall have such additional time as reasonably necessary to complete such cure,the City may perfonu the necessary maintenance and Grantee shall pay all reasonable costs incurred for such. maintenance,Following the Certificate of Completion for construction of the homes,the Property maintenance shall be governed by the provisions of the Regulatory Agreement, 5.2 Oblintiion to Refrain from Discrimination, Grantee covenants and agrees for itself,its successors,its assigns and every successor in interest to the Properly or any part thereof, that there shall be no discrimination against or segregation of any person or group of persons on account ofrace,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, during the course of the Project or rehabilitation or operation of the Property nor shall Grantee itself or any person claiming sunder or through him/her establish or perni t any sucb practice or practices of discrimination or segregation,with reference to the � rehabilitation or operation of the Property. The foregoing covenants shall run with the land and I shall remain in effect until termination of the Agreement. Following the Certificate of Completion, the Grantee's obligation to refrain from discrimination shall be governed by the provisions of the Regulatory Agreement. I I City Council 16— 19 5/19/2026 i EXHIBIT 2 i (a) In Employment. In construction on the Property, Grantee shalt not discriminate against any employee or applicant because of race,color,creed,religion,sex,marital status,sexual orientation,gender identity,gentler expression,gender,:medical conditions,genetic information,military and veteran status,age,national origin,ancestry,or disability. Grantee shall E tape affirmative action to ensure that applicants are employed, and that employees are treated j during employment, without regard to their race,color,disability, creed,religion, sex, marital status,disability,national origin,or ancestry. (b) In all Contracts. Grantee shall cause the foregoing covenants to be inserted in all contracts for any work covered by this Agreement so that such provisions will be binding upon each contractor for the benefit of City,provided that the foregoing covenant shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 6. RESERVED 7. GENERAL PROVISIONS AND WARRANTIES As a material inducement to City to enter into this Agreement, Grantee represents and warrants as follows,which representations and warranties are made solely by Grantee and not by or on behalf of any partner of Grantee: 7.1 Formation ualification and Cominliance. Grantee is a nonprofit organization. Grantee is in compliance with all laws applicable to its business and has obtained all approvals, licenses, exemptions and other authorizations:from, and has accomplished all filings,registrations and qualifications with,any Governmental Authority that are necessary for the transaction of its business. 1 7.2 Execution and Performance of H11AP Grant Documents. (a) Grantee has all requisite authority to execute and perform its obligations under this Agreement. (b) The execution and delivery by Grantee of,and the performance by Grantee of its obligations under,this Agreement that has been authorized by all necessary action and does not and will not: (i) require any consent or approval not heretofore obtained of any person having any interest in Grantee; (ii) violate,any provision of, or require any consent or approval not heretofore obtained under, any articles of incorporation,bylaws or other governing document applicable to Grantee; (iii) result in or require the creation of any lien,claim, charge or other right of others of any kind(other than under this Agreement and under the contemplated Senior Loan Documents)on or with respect to any property now or hereafter owned or leased by 3 Grantee; 3 I City council 16 — 20 5/19/2026 i i i i EXHIBIT 2 i (iv) to the best of its knowledge,violate any provision of any law presently in effect;or i (v) constitute a breach or default under, or permit the acceleration of obligations owed under, any contract,loan agreement,lease or other agreement or document to which Grantee is a party or by which Grantee or any of its property is bound, (c) Grantee is not in default, in any respect that is materially adverse to the , interests of City under this Agreement or that would have any material adverse effect on the financial condition of Grantee or the conduct of its business, wider any law,contract, lease or other agreement or document described in sub paragraph(iii) or(v)of,sub-paragraph(b) of this Section 7.2, (d) Except for the permitting for the Project contemplated to be subsequently obtained under this Agreement, no approval, license, exemption or other authorization from, or filing,registration or qualification with, any Governmental Authority is required which has not been previously obtained in connection with the execution by Grantee { of,and the performance by Grantee of its obligations wader,this Agreement. 7.3 Finan ial and Other Information. To the best of Grantee's knowledge, all financial information furnished to City by the Grantee or any affiliate thereof with respect to Grantee in connection with the Grant(a)is complete and correct in all material respects as of 1 the date of preparation thereof, (b) accurately presents the financial condition of Grantee, and (c)has been prepared in accordance with generally accepted accounting principles consistently applied or in accordance with such other principles or methods as are reasonably acceptable to City. To the best of Grantee's knowledge, all other documents and information furnished to City by the Gmtee or any affiliate thereof with respect to Grantee,in connection with the Grant,are correct and complete insofar as completeness is necessary to give the City accurate knowledge of the subject matter. To the best of Grantee's knowledge Grantee has no material liability or contingent liability not disclosed to City in writing and there is no material lien, claim, charge or other right of others of any binds (including liens or retained security titles of conditional vendors) on any property of Grantee not disclosed in such financial statements or otherwise disclosed to City in writing. ' 7.4 No Material Adversq Chan e. There has been no material adverse change in the ' condition, financial or otherwise,of Grantee since the dates of the latest financial statements fiurnished to City, except for Senior Loan Documents that have been disclosed to the City. Since those dates, Grantee has not entered into any material transaction not disclosed in such financial statements or otherwise disclosed to City in writing, 7.5 Tax Liability. Grantee has filed all required federal, state and local tax returns and has paid all taxes (including interest and penalties, but subject to lawful extensions disclosed to City in writing)other than taxes being promptly and actively contested in good faith and by appropriate proceedings. Grantee is maintaining adequate.reserves for tax liabilities (including contested liabilities)in accordance with generally accepted accounting principles or in accordance with such other principles or methods as are reasonably acceptable to City. City Council 16 — 21 5/19/2026 , i i EXHIBIT 2 7.6 Governmental Reaairements. Except for the Project permitting contemplated to be subsequently obtained under this Agreement,to best of its knowledge, Grantee is in compliance with all laws relating to the Property and all Governmental Authority approvals, including zoning, land use,planning requirements, and requirements arising from or relating to the adoption or amendment of,any applicable general plan, subdivision and parcel map � requirement; environmental requirements,including the requirements of the California Environmental Quality Act and the National Environmental Policy Act, and the preparation and approval of all required environmental impact statements and reports; use, occupancy and building permit requirements; and public utilities requirements, 7.7 Professional Licenses. Grantee shall,throughout the term of this Agreement, maintain all necessary licenses,permits, approvals,waivers, and exemptions necessary for the performance of the obligations under this Agreement 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. Grantee shall notify the City immediately and in writing of its inability to obtain such permits,licenses,approvals,waivers, and exemptions, Said inability shall be cause for I termination of this Agreement. 7,$ F fits of Others. Grantee is in compliance with all covenants, conditions, restrictions,easements,rights of way and other rights of third patties relating to the Property as � may be shown on title for the Property 7.9 Libor. There are no material actions or proceedings pending or,to the best of the Grantee's knowledge,threatened against or affecting Grantee or any property of Grantee before any Governmental Authority,except as disclosed to City in writing prior to the execution of this Agreement. 7,10 Dankrupt�Y.To the best of Grantee's luaowledge, no attachments,execution proceedings, assignments for-the benefit of creditors, insolvency,bankruptcy,reorganization or other proceedings are;pending or threatened against Grantee,nor are any of such proceedings f contemplated by Grantee. 7.11 Information Accurate. To the best of Grantee's knowledge, all information, regardless of its fore-i, conveyed by Grantee to City,by whatever means, is accurate, and correct in all material respects and is sufficiently complete to give City true and accurate knowledge of its subject matter, and does not contain any material misrepresentation or omission, 7.12 Conflicts of Interest.No member,official or employee offhe City shall have any i personal interest, direct or indirect,in this Agreement,nor shall any such member,official or employee participate in any decision relating to this Agreement which affects his/her personal interests or the interests of any corporation,partnership or association in which he/she has a direct or indirect financial interest.The Grantee warrants that it neither has paid nor given,nor will pay or give, any third party any money or other consideration for obtaining this Agreement. 7.13 Nonliabili oy f City Of Officials end mplayees.No member,official or employee of the City shall be personally liable to the Grantee in the event of any default or City Council 16— 22 5/19/2026 i EXHIBIT 2 breach by the City or fox any amount which may become due to Grantee or on any obligations under the terms of this Agreement. 7.14 No Ask!gnment. Grantee expressly acknowledges and agrees that the City has only agreed to assist the Grantee as a means by which to induce the rehabilitation and operation of the Project.Accordingly,Grantee fai(her expressly acknowledges and agrees that this Agreement is a ' personal right of Grantee that is neither negotiable,transferable,nor assignable except as set forth herein, Grantee may assign some or all of its rights under the Agreement only with the prior written consent of the City Project Manager. 7.15 Ally icable Law;This Agreement shall be interpreted, governed and enforced Linder federal and California state law with venue in Orange County, California. 7.1.6 Third Parties.This Agreement is made for the sole benefit of Grantee and the City and their successors and assigns,and no other person or persons shall have any rights or remedies under or by reason of this Agreement or any right to the exercise of any right or power of the City hereunder or arising from any default by Grantee,nor shall the City owe any duty whatsoever to any claimant for labor performed or materials furnished in connection with the construction of the Property. S. CONDITIONS FOR CONSTRUCTION 8.1 Permits and p Building Permits licenses,-approvals, Grantee shall diligently obtain all permits,including all .w px vals, exemptions and other authorizations of Governmental Agencies required in connection with the rehabilitation and operation of the Property. Grantee shall follow industry standards for best management practices, as applicable, during construction, 8.2 Commencement and CoMieletion of Construction.The construction of the Project shall be considered complete for purposes of this Agreement only when(a)all work described has been completed and fully paid for, and(b)all work requiring inspection or certification by Governmental Authority has been completed and all requisite certificates, approvals and other necessary authorizations (including required final certificates of occupancy) i have been obtained. 8.3 EntrL and 1 gVLction.At all times prior to completion of the construction, upon reasonable prior written notice and subject to reasonable job site safety rules, City and its agents shall have (a)the right of free access to the Property and all sites away from the Property where materials for the construction are stored, (b)the right to inspect all labor performed and materials furnished for the construction, and(c)the right to inspect and copy all documents pertaining to the construction. i 8.4 Construction Inforimation. From time to time, as needed,daring the course of the construction,within ten(10)Business Days following City's written demand therefore, Grantee shall furnish requested reports of Project Costs,progress schedules and contractors' costs breakdowns for the construction, itemized as to trade description and item, showing the name of the contractor(s)and/or subconlractor(s), and including such indirect costs as real estate taxes, 1 i City Council 16 — 23 5/19/2026 EXHIBIT 2 i legal and accounting fees, insurance, architects' and engineers'fees,loan fees, interest during construction and contractors' overhead. 8.5 Protection Against ainst Liens: Grantee shall diligently file a valid Notice of ' Completion upon completion of the construction,diligently file a notice of cessation in the event of a cessation of labor on the construction for a period of thirty(30)days or more, and take all actions reasonably required to prevent the assertion of claims of lien against the Property. In the event that any claim of lien is asserted against the property or any stop notice or claim is asserted against the City by any person furnishing labor or materials to the Property, Grantee shall immediately give written notice of the same to City and shall,promptly and in any event within ten(10)Business Days after written demand therefor,(a)pay and discharge the same,(b) effect the release thereof by delivering to City a surety bond complying with the requirement of applicable laws for such release,or(c)take such other action as City may require to release City from any obligation or liability with respect to such stop notice or claim. 8.6 Labor Reauirtments. (a) Compliance with CommunayWorkforce Agi:cement, Grantee agrees to comply with the City's Community Workforce Agreement as required by the City. (b) Prevailing Wales. (i) GRANTEE IS AWARE OF THE REQUIREMENTS OF LABOR CODE § 1720 ET SEQ., AND 1770,ET SEQ.,AS WELL AS CALIFORNIA CODE Or, REGULATIONS, TITLE 8, SECTION 16000,ET SEQ. ("PREVAILING WAGE LAWS"), WHICH REQUM THE PAYMENT OF PREVAILING WAGE RATES .AND THE PERFORMANCE OF OTHER REQUIREMENTS ON"PUBLIC WORKS"AND "MAINTENANCE"PROJECTS, AS DEFINED BY PREVAILING WAGE LAWS. GRANTEE AGREES THE PROJECT IS A"PUBLIC WORK" SUBJECT TO PREVAILING WAGE LAWS AND THAT GRANTEE SHALL FULLY COMPLY WITH THE PREVAILING WAGE LAWS. GRANTEE IS RESPONSIBLE TO OBTAIN A COPY OF THE PREVAILING RATES OF PER DIEM WAGES IN EFFECT AT THE COMMENCEMENT OF THIS AGREEMENT. GRANTEE SHALL MADE COPIES OF THE PREVAILING RATES OF PER DIEM WAGES FOR EACH CRAFT, CLASSIFICATION OR TYPE OF WORKER NEEDED TO CONSTRUCT IT-IE PROJECT,AND SHALL POST COPIES AT THE GRANTEE'S PRINCIPAL PLACE OF BUSINESS AND THE PROPERTY. GRANTEE SHALL , MAINTAIN A BOND TO SECURE THE PAYMENT OF CONTRACTORS AT PREVAILING WAGE RATES IN ACCORDANCE WITH CALIFORNIA LABOR CODE § 1781. (ii) GRANTEE ASSUMES ANY AND ALL RESPONSIBILITY AND SHALL BE SOLELY RESPONSIBLE FOR COMPLIANCE WITH REQUIREMENTS TO PAY PREVAILING WAGE RATES FOR EACH LABOR CLASSIFICATION,AS DETERMINED BY THE STATE, PURSUANT TO LABOR CODE SECTIONS 170,ET SEQ. (c) Release and Waiver. i City Council 16—24 5/19/2026 i EXHIBIT 2 i (i) GRANTEE, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND ASSIGNS,WAIVES AND RELEASES THE CITY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO ANY OF THEM PURSUANT TO LABOR CODE SECTION 1781. ADDITIONALLY, GRANTEE SHALL INDEMNIFY,DEFEND AND HOLD HARMLESS THE CITY AGAINST ANY CLAIMS PURSUANT TO LABOR CODE � SECTION 1781, OR THE CITY'S COMMUNITY WORKFORCE AGREEMENT,ARISING FROM THIS AGREEMENT QR THE CONSTRUCTION OR INSTALLATION OF ALL OR ANY PORTION OIL"THE PROJECT. GRANTEE ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542 RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 8.6,WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WI-ICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. A BY INITIALING BELOW,GRANTEE KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY IN CONNECTION WITH THE WAIVERS AND RELEASES OF ITIIS SECTION 8.6. (e) ADDITIONALLY, GRANTEE SHALL INDEMNIFY,DEFEND AND BOLD HARMLESS THE CITY AGAINST ANY CLAIMS PURSUANT TO LABOR CODE SECTION 1781 ARISING FROM THIS AGREEMENT OR TIIE THE PROJECT. GRANTEE'S INITIALS: I 8.7 Grantee's Assurance of Construction Com letion. Prior to commencement ofconstmction of-the.Improvements, Grantee shall furnish to City evidence that amu res Grantee that sufficient raonies will be available to complete the proposed construction (the"Construction Security"). The City Project Manager shall approve or disapprove the j Construction Security,which approval shall not bo unreasonably withheld. The amount of money available from the Construction Security shall be at least the total estimated construction cost, Subject to approval from the City Project Manager,the Construction Security may take one of the following;forms: (i) Performance bond and labor and materials bond in a principal � sum equal to the total estimated construction cost supplied by Contractor or subcontractors, � provided said bonds are issued jointly to Grantee, City and any Senior Lenders as obligees. (ii) Irrevocable letter of credit issued to City from a financial institution to be in,effect until City acknowledges satisfactory Completion of Construction, (iii) Cash deposited with the City(may be in the form of cashier's check or money order or may be electronically deposited), City Council 16 — 25 5/19/2026 i i I EXHIBIT 2 I (iv) A completion guaranty, in favor of City from an Affiliate of Grantee,in a form reasonably acceptable to City, coupled with a repayment guaranty in favor of j the Senior construction Lender for its loan; (v) Any combination of the above. All bonds and letters of credit must be issued by a company qualified to do business in the i State of California and acceptable to City. All bands and letters of credit shall insure faithful and 1 full observance and performance by Grantee of all terms, conditions, covenants, and agreements relating to the construction of improvements within the Property. { Grantee shall provide or cause its Contractor to provide payment and/or performance bonds in connection with the construction of the Project Improvements, and shall name the City as an additional obligee on,with the right to enforce, any such bonds. i 9. PROJECT COVENA.1NTS Grantee hereby agrees and declares that the following covenants shall run with the land and shall be binding on Grantee, its successors and assigns: j 9.1 Local Sourcing Plan. Grantee agrees to make a good faith effort to encourage I subcontractors and suppliers to hire and procure locally. Prior to issuance of any Building Permit, Grantee shall develop and submit to the City a local sourcing plan for the Project targeting,to the extent feasible,the hiring of qualified workers, construction contractors,or the purchasing of goods locally within the City of Santa Ana. 9.2 Lead-Based faint. Grantee shall comply with the requirements, as applicable of the Lead-Based Paint Poisoning Prevention Act. 9.3 Property Standards. Grantee shall cause the Property to meet all applicable local,state and federal codes and ordinances,including zoning ordinances. Grantee shall also cause the Property to meet the current edition of the Model Energy Code published by the Council of American Building Officials, No fewer than one(1) unit,shall comply with requirements for mobility features under California Building Code section I IB-233.3, and communication features that comply with California Building Code section I IB-809.5. 9.4 Alternative Transportation and.Energy Source, Resource Conservati and LEEK Certification. In recognition of the City's desire to optimize the energy � efficiency of the Project, Grantee agrees to consult with the Project design team, a CABEC certified 2016 Certified Energy Analyst, a LE,ED AP Homes (low-rise and mid-rise),LEEK AP BD+C (high rise),National Green Building Standard(NGBS) Green,"verifier, or GreenPoint Rater(one person may meet both of these latter qualifications) early in the 1 Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by iniinimum construction standards. �4 City Council 15 —26 5/19/2026 I f EXHIBIT 2 9.5 Maintenance.At all times during the term of this Agreement, Grantee shall cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. 9.6 Management Flan.Prior to issuance of a Certificate of Completion, Grantee shall submit for the reasonable approval of the City a"Management Plan" that sets forth in detail Grantee's property management duties,a tenant selection process,a supportive services plan consistent with the requirements of the Regulatory Agreement, a security system and crime prevention program,the procedures for the rental of the units, the rules and regulations for the Property and manner of enforcement, an operating budget,the identity and emergency contact inkonnation of the professional property manager who will provide property management j services for the Property, and other matters relevant to the management of the Property. 9.7 Crime Free Housing. Grantee shall submit for the reasonable approval of the City a crime free Dousing policy,procedure,and design plan. i 9.8 Onsite Farldug. Grantee shell provide onsite parldng for residents and visitors of the Project as required by the building code requirements. 9.9 Co flirt of Interest. Grantee shall comply with and be bound by the conflict of interest provisions set forth in all applicable state regulations pertaining to conflict of interest. 9.10 Riff ht,to Mork and Minimum Wa a Laws, i (a) Pursuant to the United.States of America Fair Labor Standard Act of 1938,as amended, and State of California Labor Code, Section It 78.5, Cxrantee shall pay no j less than the greater of the Federal or California Minimum Wage to all its employees that i directly or indirectly service the Property, in any manner whatsoever. Grantee shall require and verify that all its subcontractors or other persons servicing the,Property on behalf of the Grantee also pay their employees no less th n the greater of the Federal or California Minimum "Wage. (b) Grantee shall comply and verify that its subcontractors comply with all other Federal and State of California laws for minimum wage,overtime pay,record beeping, and child labor standards pursuant to the servicing of the Property or terms and conditions of this Agreement, 9.11 C",om Hance with the Regulatory Agreement. Grantee agrees to comply with the Regulatory Agreement and the terms and conditions stated therein. I 9.12 Compliance with the Mate HHAP Agreement. Grantee agrees to comply with the State F HAP Agreement and requirements of the FIFIA,P program, as further described in i Exhibit E. 9.13 Project Financing. (a) City shall have the right, and may in its sole and absolute discretion, to approve or disapprove any Senior Loan for the Project. a I� CityCouncil 16—27 i 5/19/2026 E F i i EXHIBIT 2 (b) Without limiting City's approval of a Senior Loan, any loan from an entity that owns,controls,or affiliated with Grantee is subject to the following: (i) The interest rate shall not exceed the Wall Street Journal Prime WSJ Rate in effect at the time of Grantee's agreement to such interest ate.(WSJ) a ag t st r ; (ii) The Senior Lender may not foreclose on the Project. (c) The City shall have the right,but not the obligation,to cure any default 1 prior to foreclosure on the Project. The City shall have at least ninety(90) days to cure,plus such additional time as may be reasonably necessary to cure,for a period of not more than one hundred eighty(180) days,provided that City is diligently pursuing a care of the default. (d) City shall have the right to notice of any default. (e) Grantee covenants and warrants that it shall be responsible for all operating losses on the Project during the term of the Regulatory Agreement. 10. ENVIRONMENTAL MATTE, S 10.1 Renresentation andlE MVarranty. Except as disclosed.in writing to the City, Grantee represents that it has no knowledge: (a)of the presence on,under or about the Property, now or in the past,of any Hazardous Materials,or of the transportation to or from the Property of any Hazardous Materials; (b)that asbestos or polychlorinated biphenyls (PCBs) are i contained in or stored on the Property; or, (c)that there are any underground storage tanks located in, on or under the Property. 10.2 ComUliance with Environmental]Laws, Grantee shall: (a) comply with all environmental laws and environmental permits applicable to the construction of the Property; (b) immediately pay or cause to be paid all costs and expenses incurred by reason of such compliance;(c)keep the Property free and clear of any environmental claims or liens imposed pursuant to any environmental law; and, (d) obtain and renew all environmental permits required for ownership or use of the Property. 10.3 NationalEnvironmental Protection Act��t on Measures. Grantee agrees and acknowledges that this Agreement is subject to compliance with the tribal consultation process completed in accordance with the National Environmental Protection Act("NEPA"). Grantee shall comply with the mitigation measures resulting from the NEPA Environmental Assessment and the tribal consultation completed for the Project, and any and all related regulatory requirements arising from the National Environmental Protection Act. Grantee warrants and covenants that all activities and work on the Property and the Project shall comply with the NEPA Mitigation Measures attached hereto as Exhibit G and incorporated herein by reference, i 10.4 Presence of HpZardogn Materials. Grantee shall not, and shall not permit anyone else to, ,generate,use,treat,store, handle,release, or dispose of Hazardous Materials on the Property, or transport or permit the transportation of Hazardous Materials to or from the 3 Property, except for de minfinis quantities used at the Property in compliance with all applicable i City Council 16— 28 5/19/2026 i EXHIBIT 2 environmental laws and required in connection with the construction of the homes and the routine operation and maintenance of the Property. 10.5 Notice of Environmental 1Vlatter . Grantee shall immediately advise City in writing of any of the following. (a)any pending or threatened environmental claim against Grantee or the Property;or(b)any condition or occurrence that. (i)results in noncompliance with any applicable environmental law; (ii)could reasonably be anticipated to cause the Property to be subject to any restrictions on the ownership,occupancy,use or transferability of the Property { tinder any environmental Law; or, (iii)could reasonably be anticipated to form the basis of an environmental claim against the Property or Grantee. 10.6 Environmental IndeEgufficalLon by the Grantee. Grantee agrees to defend, indemnify and hold harmless the City and its respective officers, directors, employees and agents, contractors, special counsel, and representatives(collectively the "Indemniiees")from and against any and all obligations(including removal and rezxrediation), losses, claims ! (including third party claims),suits,judgments, .liabilities,penalties, damages (including consequential and punitive damages), costs and expenses (including consultants,and attorneys' fees) of whatever bind or nature whatsoever that may at any time be incurred by, imposed on, or asserted against the Indemnitees directly or indirectly based on, or arising or resulting from any Hazardous Materials on the Property, other than resulting from the gross negligence or willful misconduct of any Indenmitee. 11. OTHER AFFIRMATIVE COVENANTS Grantee hereby agrees and declares that the following covenants shall run with the land and shall be binding on Grantee,its successors and assigns: 11.1 Existence, The sole member of Grantee's managing general partner shall maintain its existence in good standing under the laws of the State of California. 11.2 Notice of CertRln Matters. Grantee shall give notice to City,within ten(10) business days of Grantee's learning thereof,of each of the following: (a) any filed litigation or claim affecting or relating to the Property and involving an amount in excess of$5,000; and any litigation or claim that might subject Grantee or any general partner to liability in excess of$5,000,whether covered by insurance or not; (b) any dispute between Grantee and a Goverwnental Authority relating to � the Property,the adverse determination of which might materially affect the Properly; (c) any change in G-rantee's principal place of business; (d) any aspect of the Improvements that is not in substantial conformity with � the plans or code; e an event which after the giving of all required( ) y g g q d notices and the expiration of all applicable cure periods,would constitute an l;vent of Default; 1 City Council 16 —29 5/19/2026 i EXHIBIT 2 E (f) any material default by Grantee or any other party under any Senior Loan document, or the receipt by Grantee of any notice of default udder any Senior Loan document; (g) the creation or imposition of any mechanics' or materialmans' lien or other lien against the Property which might materially affect the Property,which is not bonded over or released, and/or (h) any material adverse change in the financial condition of Grantee. 11.3 Further Assurances. (-grantee shall execute and acknowledge(or cause to be I executed and acknowledged)and deliver to City all documents,and talk all actions,reasonably required by City from time to time to confirm the rights created or now or hereafter intended to i be created under this Agreement, i 11.4 ]default on Senior Loan.Grantee shall not default on any of the Senior Loan , Documents,provided however, that Grantcc shall have such period as is provided in the Senior Loam.Documents during which to effectuate a cure, I L5 Sale oar Lease of]Property. Grantee shall not sell, lease (other than to qualified renters meeting the requirements set forth in this Agreement), sublease or otherwise transfer all or any part of the Property or any interest therein without die prior written consent of the City Project Manager,which consent may be withheld in the City Project Manager's sole discretion. In connection with the foregoing consent requirements, Grantee acknowledges that City relied upon Grantee's particular expextise in entering into this Agreement and continues to rely on Stich expertise to ensure the satisfactory completion of the construction, 12. CERTIFICATE OF COMPLETION Upon satisfactory completion of the construction and upon the request of Grantee,or at its own election, the City shall issue a Certificate of Completion. Such Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the construction, The Certificate of Completion may be issued in the form of the Certificate of Occupancy or Final Inspection Notice from the City. If City declines to furnish a Certificate of Completion after written request from Grantee,the City Project Manager shall, within thirty(30)days after receipt of the request,provide Grantee with a written statement of the reasons therefore. The statement shall contain a description of the action Grantee must take to obtain a Certificate of Completion, if the reason therefore is that the Grantee has not completed a minor portion of the construction,City may,in its sole and absolute discretion, issue the Certificate of Completion upon the posting with City of a bond or other forth of security acceptable to the City Project Manager in the amount of the fair value of the uncompleted work. A Certificate of Completion is not "notice of completion"referred to in Section 3093 of the California Civil Code. 13. INDEMNIFICATICON i 13.1 Nonliabril jQ of Ciiy. Grantee acknowledges and agrees that, f f City Council 16 — 30 5/19/2026 I EXHIBIT 2 (a) The relationship between Grantee and the City is and shall remain solely that of Grantee and grantor. City neither undertakes not assumes any responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform Grantee of any matter in connection with any development, construction and rehabilitation,including matters relating to: (i)the performance of the construction work; (ii) architects, contractors, subcontractors and matcrialmen, or the workmanship of or materials used by any of them; or, (iii)the progress of the construction; and Grantee shall rely entirely on its own judgment with respect to such matters and acknowledges that any review,inspection.,supervision,approval or information supplied to Grantee by City in connection with such matters is solely far the protection of City, and that neither Grantee nor any third party is entitled to rely on it; (b) Notwithstanding any other provision of this Agreement: (i)the City is not a parhier,joint venture, alter-ego,manager, controlling person or other business associate or i participant of any kind of Grantee,and City does not intend to ever assume any such status; (ii) City's activities in connection with the Grant shall not be "outside the scope of the activities of a lender of money" within the meaning of California Civil Code Section 3434,as modified or recodified from time to time, and City does not intend to ever assume any responsibility to any person for the quality or safety of the Property; and,(iii)City shall not be deemed responsible for or a participant in any acts,omissions or decisions of Grantee; (c) City shall not be directly or indirectly liable or responsible for any loss or injury of any kind to any person or property resulting from any construction on, or occupancy or use of,the Property, whether arising from: (1) any defect in any building, grading,landscaping or other onsite-or offsite.improvement;(ii)any act or omission of Grantee or any of Grantee's agents, employees,independent contractors,licensees or invitees; or(iii) any accident on the Property or any fire or other casualty or hazard thereon, acid, (d) 13y accepting or approving anything required to be performed or given to City under this Agreement, including any certificate, financial statement, survey, appraisal or insurance policy, City shall not be deemed to have warranted or represented,the suflicienoy or legal effect of the same, and no such acceptance or approval shall constitute a warranty or representation by City to anyone. 13.2 lrrdemni . (a) Grantee shall defend(by counsel reasonably satisfactory to City), indemnify and save and hold harmless the%demnitees from and against all claims, damages, demands, actions,losses, liabilities, costs and expenses (including, withaut limitation, reasonable attorneys'fees and court costs) arising from or relating to: (i)this Agreement; (ii)the making of the Grant(s); (iii) a claim, demand or cause of action that any person has or asserts against Grantee; (iv)any act or omission,of Grantee, any contractor, subcontractor or material supplier, engineer, architect or other person with respect to the Property. Grantee's obligation to defend,indemnify, and hold Indemnitees harmless 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,rising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Grantee's obligations under this Section shall survive the issuance of I the Certificate of Completion,and termination of this Agreement. Notwithstanding the i City Council 16-- 31 5/19/2026 EXHIBIT 2 foregoing, to the extent required by Civil Code Section 2782,8,the above indemnity shall be limited to the extent claims arise out of,pertain to, or relate to the negligence,recklessness, or willful misconduct of Grantee. (b) Notwithstanding the foregoing,neither Grantee,nor any of its partners, shall be personally liable for any indemnification obligation hereunder that would result as the repayment of the Grant, 13.3 Reimbursement of City. With respect to the indemnification obligations under this Article 14, Grantee shall reimburse City immediately upon written demand for all costs reasonably incurred by City(including the reasonable fees and expenses of attorneys, accountants,appraisers and other consultants, whether the salve are independent contractors or employees of City)in connection with the enforcement of the Grant Documents and all related matters, including all claims, demands, causes of action, liabilities,losses, commissions and other costs against which City is indemnified lender the Grant Documents. Such reimbursement I obligations shall bear interest from the elate occurring twenty (20)days after City gives written 1 demand to Grantee, Such reimbursement obligations shall survive the issuance of a Certificate of Completion and termination of this Agreement. 14. INSURANCE, CASUALTY AND CONDEMNATION 14.1. Policies Ae uired• Minimum Coverage. Grantee shall procure and maintain for f the duration of the contract, and for five(5)years thereafter, insurance against claims for injuries to persons or damage to property which may anise from or in connection with the performance of j the work hereunder by the Contractor, its agents, representatives, employees,and sub- contractors, which meets the following minimum requirements: (a) 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 j than$3,000,000 per occurrence and$5,000,000 in the aggregate.Umbrella and excess insurance 1 policies can be used to meet the required limits. (b) Automobile Liability(AL). Insurance Services Office Form CA 0001 covering Code 1 (any auto), with combined single limit no less than$5,000,000. (e) Workers'Compensation (WC). As required b the State of California, , with statutory limits,and.Employers' Liability insurance with a limit of no less than$1,000,00 0 per accident,policy, employee for bodily injury or disease. (d) Builder's Risk(Course of Construction) (SR). Utilizing an"All Risk" (Special Perils)coverage form, with limits equal to the completed value of the project and no co- insurance penalty provisions. (e) Surety Bonds as described below, (f) Professional Viability (PL). With limits no less than$1,000,000 per occurrence or claim,and$2,000,000 policy aggregate. City Council 16 — 32 5/19/2026 i t EXHIBIT 2 i 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 Grantee 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 Grantee, Insurance provided under this contract shall not contain any restrictions or limitations which are inconsistent with City's rights under this contract. j 14.2 Self-Insured Retentions. Self-insured retentions must be declared to and i approved by City. At the option of City, Grantee shall cause its insurer(s)to reduce or. eliminate such self-insured retentions as respects City; or Grantee shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations,claim administration, and defense expenses. 14.3 Other Insurance Provisions.The insurance policies are to contain,or be endorsed to contain,the following provisions: (a) 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 CYrantee 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 Grantee.Additional insured status can be provided in the form of an endorsement to Grantee's insurance. � (b) For any claims related.to this project, Grantee's insurance coverage shall be primary insurance coverage as respects City of Santa Ana,its City Council, offleers, officials, employees,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. (c) A severability of interest provision must apply for all the additional insureds, ensuring that Grantee'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. (d) Grantee hereby grants to City a waiver of subrogation which any insurer f of said Grantee 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. Grantee agrees to obtain any endorsetnent(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 insurei(s). (e) 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 ton(10) days prior written notice of policy cancellation or non-renewal due to non- payment, (f) Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Nance of Department Staff Responsible for Agreement),20 Civic 1 i City Council 16— 33 5/19/2026 i j ' EXHIBIT Center Plaza M-26(Dousing Division), Santa Ana, CA 92701. The name and location of project must be indicated in the Description of Openations section of each certificate. (g) If any of the insurance required under this Agreement is not commercially I available, not applicable to the Project, or imposes an undue cost burden on the Project, the City may,in its sole and absolute discretion, agree to reduce the coverage or waive the coverage; provided,however,that if such coverage does become available or applicable to the Project, and securing the insurance would not impose an undue burden on the Project,the City may require the insuuance to be procured within thirty (30)days of written notice, .14.4 Builder's Risk(Course 'f Cc�nstruCtion) Imsu,r nce. Grantee may submit evidence of Builder's Risk insurance in the fbim of Course of Construction coverage. Such coverage shall name City of Santa Ana as a loss payee as its interest may appear. If the project sloes not involve new or major reconstruction,at the option of City, an Installation Floater way be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement,remodel, modification,alteration, conversion or adjustment to existing i buildings, structures,processes,machinery and equipment, The Property Installation Floater shall provide property damage coverage for any building,structure,machinery or equipment damaged, impaired, broken, or destroyed during the performance of the'Work, including during transit, installation,and testing at the Project site. 14.5 Claims Made Policies. If any coverage required is written on a claims-made coverage'form: (a) The retroactive date must be shown,and this date must be before the execution date of the contract. (b) Insurance must be maintained and evidence of insurance inust be provided for at least five (5)years after completion of work. (c) 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, Grantee must purchase extended reporting period coverage for a minimum of five(5)years after completion of work. (d) A copy of the claims reporting requirements must be submitted to City. 1.4.6 Acceptability of Inswurers. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current AK Bast rating of no less than A:VII, unless otherwise acceptable to City. 14.7 'Waiver of Suhro tition. Grantee hereby agrees to waive nights of subrogation rixe from Grantee by virtue of the payment of any loss. which any insurer of Grantee may acg Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Grantee, its employees,agents, contractors and sub- contractors. i City Council 16 — 34 5/19/2026 ' 1 i EXHIBIT 14.5 Verification of Covera e. Grantee 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 Grantee'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. 14.9 Sub-C'ontraeLors. Grantee shall require and verify that all sub-contractors maintain insurance meeting all requirements stated herein,and Grantee shall ensure that City is an additional insured on insurance required.from sub-contractors. For COL coverage, sub- contractors shall provide coverage with a form at least as broad as CG 20 38 04 13. ' i 14.10 Surety Bonds. Grantee shall provide the following Surety Bonds: (a) Bid Bond (b) Performance Bond (c) Payment Bond i (d) Maintenancc Bond The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the conti u:t is for longer than one year a Maintenance Bond equal to 10% of the contract price is required.Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. 14.11 Special RisLis 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. 1.4.12 Claims and Proceed iu s. Grantee shall,give City immediate notice of any material casualty to any portion of the Property,whether or not covered by insurance, and of the initiation or threatened initiation of any proceeding for the condemnation or other taking for public or quasi-public use of any portion of the Property (collectively, "Condemnation"), amid 1 shall provide City with copies of all documents which pertain to any such casualty or Condemnation. Grantee shall take all action reasonably required by City in connection therewith to protect the interests of Grantee and/or City, and City shall be entitled(without regard to the adequacy of its sec€ay)to participate in any action,claim, adjustment or proceeding and to be represented therein by counsel of its choice. Grantee shall not settle,adjust, or compromise any ' claim, action, adjustment or proceeding without prior written approval,which approval shall not be unreasonably withheld or. delayed, 14.13 Defivell of Proceed to Ci , In the event that,notwithstactding the "tender's loss payable endorsement" requirement set forth above,the proceeds of any casualty insurance City Council 16 — 35 5/19/2026 i i EXHIBIT 2 policy described herein are paid to Grantee,Grantee shall,subject to any superior rights of the Senior Lender, deliver such proceeds to the City immediately upon receipt. 144.14 AVDlication of Casuaill Insurance Proceeds. Subject to any superior rights of the Senior Lender, any proceeds collected (the "Proceeds")under any casualty insurance policy described in this Agreement shall be disbursed to Grantee as provided below, but only upon , fulfillment of each of the following conditions (the "Restoration Conditions")within ninety(90) days (unless extended by mutual agreement of Grantee and City)following the occurrence of the receipt of the Proceeds: i (a) Grandee shall demonstrate to City's reasonable satisfaction that the Proceeds(together with amounts deposited by Grantee pursuant to subparagraph(b))will be adequate to repair the Improvements and to restore the fair market value of the Property,within a time period reasonably determined by City,to at least the value it had immediately prior to sustaining the damage. Such deinonstration shall include delivery to City of: (i)plans and specifications reasonably satisfactory to City;and, (h) a construction contract in form and content,and with a contractor,reasonably satisfactory to City, (b) To the extent that the Proceeds (together with all undisbursed Grant proceeds and any other financing proceeds available to the Grantee)are insufficient to accomplish the restoration required above, Grantee shall deliver to City funds(the"Shortfall Funds") in the amount of such shortfall, which funds shall be assigned to City as security:for Grantee's obligation hereunder and hold and disbursed in the same manner as the Proceeds; (c) Grantee shall execute;such documents as City reasonably requires to evidence and secure Grantee's obligation to use all amounts disbursed for the diligent I restoration of the Property; and, (d) No Event of Default shall remain uncured. 14.15 Method of Disbursement and Undisb rsed Funds. Any Proceeds and Shortfall 1+unds to be disbursed to Grantee shall be held by the Senior Lender if a Senior Loan is outstanding, and disbursed in accordance with the Senior Loan Documents or, if no Senior Loan, then held by the City and disbursed in accordance with the City's then customary disbursement procedures and related provisions, Any amounts remaining undisbursed following completion of such restoration shall be returned to Grantee up to the amount of any Shortfall Funds deposited by Grantee, and any other amounts remaining shall either be paid to Grantee or applied by the Senior Lender, or the City in the absence of a Senior Loan, as the case.may be against any obligations that are secured by a lien on the Property, as they elect in their sole and absolute discretion. 14.16 Failure to Satisfu Conditions. In the event that Grantee fails to fulfill the Restoration Conditions within one hundred and eighty(180)days (unless extended pursuant to Section 15.4)following the date Proceeds are received, the Proceeds shall be applied by City against any obligations to City that are secured by a lien on the Property, and the selection of which such obligations to apply the Proceeds against shall be made by City in its sole and absolute discre'tiom City Council 16 — 36 5/19/2026 i EXHIBIT 2 14.17 Restoration, Nothing in this Article 15 shall be construed to excuse Grantee from repairing and restoring all damage to the Property in accordance with other Grant Document provisions. 14.1$ Condemnation• Treatment of Com a Lgion. (a) Subject to any superior rights of Senior Lender, Grantee hereby assigns to the City, as security for all Obligations to City secured by a lien on.the Property,all amounts � payable to Grantee in connection with any Condemnation, and any proceeds of any related settlement(collectively, "Compensation"), Subject to any superior rights of Senior Lender, Grantee shall deliver such remaining Compensation to City immediately upon receipt, if the i taking results in a loss of the Property to an extent that, in the reasonable opinion of city, f renders or is likely to render the Property not economically viable or if,in City's reasonable j Judgment Grantee's security is otherwise impaired, City may apply the Compensation received 1 due to judgment or settlement in connection with any condemnation or other taping to repay the Grant, If so applied, any award in excess of the Grant repayment and other sums due to City shall be paid to Grantee or Grantee's assignee. City shall have no obligation to glee any action in connection with any actual or threatened condemnation or other proceeding. N Notwithstanding the foregoing, as.long as the value of City's liens are not impaired,, any condemnation proceeds may be used by the Grantee for repair and/or restoration of the Project. 1 14.19 Waiver of S bro ation. Grantee hereby waives all rights to recover against the . City(or any officer, employee, agent or representative of City)for any loss incurred by Grantee j :from any cause insured;provided,however, that this waiver of subrogation shall not be I effective with respect to any insurance policy if the coverage thereunder would be materially reduced or impaired as a result. Grantee shall use its best efforts to obtain only policies that permit the foregoing waiver of subrogation. 1 15. DEFAULTS AND REMEDIES 151 Events of Default. Failure or delay by either party to perform any material term or provision of this Agreement within the time periods provided herein for such performance constitutes a default under the Agreement. If any party defaults in performance of its material obligations, covenants or agreements hereunder,the defaulting party shall be entitled to cure the default in accordance with this section. The injured party shall give written notice of default to i the party in default,specifying the default complained of by the injured party. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. Unless a specific time to care is set forth below,the defaulting party must, within thirty (30) days following service of said written notice, commence to cure, correct or remedy such failure or delay and shall complete such cure, correction, or remedy with reasonable diligence, provided that any cure must occur within ninety(90)-days, or such shorter time specified below. E Without limitation, the occurrence of any of the following, whatever the reason therefore which is not cured, shall constitute an Event of Default by Grantee: j s City Council 16 — 37 5/19/2026 EXHIBIT 2 (a) Grantee fails to perform any obligation for the payment of money under this Agreement,and such failure is not cured within ten(10)Business Days after Grantee's receipt of written notice that such obligation was not performed when due; (b) Any representation or warranty in this Agreement proves to have been incorrect in arty material respect when made; (e) The Property is materially damaged or destroyed by fire or other casualty unless Grantee Ufills the Restoration Conditions set forth in the insurance provisions of this Agreement within one hundred eighty (180)days and thereafter diligently restores the Property in accordance with.this Agreement; (d) Work on the construction ceases for sixty(60)consecutive days for any reason(other than Force Majeure delays,as defined in Section 17.2), t (e) Grantee is enjoined or otherwise prohibited by any Governmental Authority from constructing and/or occupying the Improvements and such injunction or id prohibition continues unstayed for sixty(60)days or more for any reason; I (f) Construction of the Project has not commenced within sixty(60) days of the Initial Disbursement. (g) Construction of the Project in accordance with the Scope of Work is not complete within two (2)years from the Initial Disbi sement. (.h) Grantee has not corntnen.ced leasing the Affordable Units to Eligible Households within eighteen(18) months from completion of the Scope of Work. 0) Grantee is dissolved, liquidated or terminated, or all or substantially all of the assets of Grantee are sold or otherwise transferred without the City Project Manager's prior written consent; or, 6) Grantee is the subject of an order for relief b a bankruptcy court o y py or is unable or admits its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors; or Grantee applies for or consents to the appointment of any receiver, trustee, custodian, conservator, liquidator,rehabilitator or similar officer for it or any part of its property; or any receiver,trustee,custodian, conservator,liquidator,rehabilitator or similar officer is appointed without the application or consent of Grantee and the appointment continues undischarged or unstayed for ninety(90) days; or Grantee institutes or consents to any bankruptcy, insolvency,reorganization, arrangement,readjustment of debt, dissolution, custodianship, conservatorship, liquidation, construction or similar proceeding relating to it or any part of its property; or any similar proceeding is instituted without the consent of Grantee and continues undismissed or unstayed for ninety(90) days; or any judgment,writ, warrant of attachment or execution, or similar process is issued or levied against any property of Grantee and is not released,vacated or fully bonded within ninety (90) days after its issue or levy. 15.2 Remedies U on Default. Upon the occurrence of any Event of Default,City E i may, at its option and in its absolute discretion, do any or all of the following; I City Council 16 — 38 5/19/2026 i EXHIBIT 2 i (a) Terminate this Agreement by giving written notice to Grantee and seek monetary damages for breach of the Agreement or restitution for the FIHAP Grant.Upon written notice of termination and demand from tl-ie City, Grantee shall repay to the City all or some portion of the PIFIAP Grant proportionate to the scale and duration of the uncorrected noncompliance relative to the term of the Regulatory Agreement, or, at City's election,the total amount of.funds disbursed by the City for the HHAP Grant multiplied by the percentage of the Project that has not been completed;provided,however,for an Event of Default described in Section 15.1{c), Grantee shall automatically, and without notice or other action on City's part, cause all such amounts to be iminediately due and payable, (b) In its own Tight or by a court-appointed receiver,take possession of the Property, enter into contracts for and otherwise proceed with the completion of the construction by expenditure of its own funds, and operate the Project in accordance with the Regulatory Agreement. (c) Exercise any of its rights under this.Agreement,the RegulatorT Agreement, and any rights provided by law,including,without limitation,the right to seek specific performance and the right to foreclose on any security and exercise any other rights with ; respect to any security,inclusive of the Construction Security, all in such order and manner as t City elects in its sole and absolute discretion. (d) Suspend or terminate the award of City funds if Crrantee fails to comply with any term of such award. (e) Foreclose on the City Deed of Trust. 15.3 Cumulative Remedies:No Waiver. City's rights and remedies under the Grant � Docionents are cumulative and in addition to all rights and remedies provided by law. The exercise by City of any right or remedy shall not constitute a cure or waiver of any default,nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the i City in the exercise of any other right or remedy,No waiver of any default shall be implied from any omission by City to take action on account of such default if such default persists or is repeated.No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated.No waiver of any provision of any Grant Document shall be construed as a waiver of any i subsequent breach of the same provision. City's consent to or-approval of any act by Grantee requiring further consent or approval shall not be deemed to waive or render unnecessary City's 1 consent to or approval of any subsequent act. The City's acceptance of the late performance of any obligation shall not constitute a waiver by City of the right to require prompt performance of all fixrther obligations; City's acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of either party's right to proceed with the exercise of its remedies for'any unfulfilled obligations; and City's acceptance of any partial performance shall not constitute a waiver by City of any rights. 1 i City Council 1 E — 39 5/19/2025 EXHIBIT 2 i 16. MISCELLANEOUS 16.1 Obli atian5 Unconditional and Indo endent.Notwithstanding the existence at any time of any obligation or liability of City to C7rintee,or any other claim by Grantee against City,in conncction with the Grant or otherwise, Grantee hereby waives any right it might otherwise have:(a)to offset any such obligation,liability or claim against Grantee's obligations under this Agreement; or, (b)to claim that the existence of any such outstanding obligation, liability or claim excuses the nonperformance by Grantee of any of its obligations under this Agreement 16.2 Notices, All.notices, demands, approvals and other communications provided for in this Agreement shall be in writing and be delivered to the appropriate party by personal service or U,S. mail at its address as follows: , If to Grantee: Illumination Foundation Pooja Blialla, DNP,RN Chief Executive Officer 2871 Pullman Street Santa Aria, CA 92705 If to City: Community Development Agency of the City of Santa Ana, Housing Division Manager or Homeless Services Manager 20 Civic Center Playa(M-26) P.O. Box 1988 With a copy to: Santa Ana, California 92702 � Office of the City Attorney City of Santa Ana 20 Civic Center Playa, 7th Floor(M-29) Addresses for notice may be changed as required by written notice to all other parties. All notices personally served shall be effective when actually received. All notices mailed shall be effective three (3) days after deposit in the U.S. Mail, postage prepaid. The foregoing notwithstanding, the non-receipt of any notice as the result of a change of address of which the sending party was not notified or as the result of a refusal to accept delivery shall be deemed receipt of such notice. 16.3 Survival of&nresentatYan�Rr�d Warranties.All representations and I warranties in this Agreement shall survive the malting of the Grant(s)described herein until the City determination of Completion of Construction and have been,or will be relied on by City notwithstanding any investigation made by either party. 16.4 No Third Parties Benefited.This Agreement is made for the purpose of setting forth rights and obligations of Grantee and the City, and no other person shall have any rights hereunder or by reason hereof. City Council 16—40 5/19/2026 I� EXHIBIT 16.5 Binding Effect; Assisnment„of Obligations.This Agreement shall bind, and shall inure to the benefit of, Grantee and City and their respective successors and assigns. Other than as expressly provided to the contrary in this Agreement, Grantee shall not assign any of its rights or obligations under this Agreement without the prior written consent of City, which consent may be withheld in City's sole and absolute discretion.Any such assignment without such consent shall,at City's option, be void. 16.6 rior Agreements-.Amendments; Consents.This Agreement contains the entire agreement between the City and Grantee with respect to the Grant,and all prior negotiations,understandings and agreements are superseded by this Agreement.No modification of this Agreement(including waivers of rights and conditions)shall be effective unless in writing and signed by the party against whom enforcement of such modification is sought,anal then only in the speck instance and for the specific purpose given. 1 16.7 Governing Law.This.Agreement shall be governed by, and constx'ued and l enforced in accordance with, the.Caws of the,State of California. Grantee irrevocably and unconditionally submits to the jurisdiction of the Superior Court of the State of California for the County of Orange or the United States District Court of the Central District of California, as � City may deem appropriate,in connection with any legal action or proceeding arising out of or relating to this Agreement. Assuming proper service of process, Grantee also waives any objection regarding personal or in rem jurisdiction or venue. i 16.8 Severabil�f Provisions.No provision of this Agreement that is held to be unoiff-orceable or invalid shall affect the remaining;provisions,and to this end all provisions of this Agreement are hereby declared to be severable. 16.9 Headings, Article and section headings are included in this Agreement for convenience of reference only and shall not be used in construing this Agreement. 16.10 Conflicts. In the event of any conflict between the provisions of this Agreement and those of the Regulatory Agreement, this Agreement, unless otherwise expressly provided, shall prevail; provided however that, with respect to any matter addressed in the other such documents,the-Fact that one document provides for greater,lesser or different rights or obligations than the others shall not be deemed a conflict unless the applicable provisions are inconsistent and could not be simultaneously enforced or performed. 16,11 liLme of the Essence. Time is of the essence under this Agreement and in the performance of every term, covenant, and obligation contained herein. 1 16.12 Conflict of Interest. I (a) No member, official or employee of the City shall have any direct or indirect interest in this Agreement,nor participate in any decision relating to the Agreement, which is prohibited by law, (b) Grantee covenants that it presently has no interests and shall not have interests, direct or indirect,which would conflict in any manner with performance of this Agreement. I� I a City Council 16 —41 5/19/2026 I EXHIBIT 2 16.13 ''Warranty Against Payrrnent of Consideration. Grantee warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Agreement. '• i 16.14 Ownershio of flans and Data. (a) City shall have a non-exclusive and perpetual license to copy,use,modify, I' reuse, or sublicense any and all copyrights,designs, and other intellectual property embodied in 1 plans, specifications, studies, drawings, estimates,and other documents or works of authorship i fixed in any tangible rneditun of expression, including but not limited to,physical drawings or data magnetically or otherwise recorded,which are prepared or caused to be prepared by Grantee under this Agreement("Documents&Data"). Grantee shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents&Data I the subcontractor prepares under this Agreement. Grantee represents and warrants that Grantee r has the legal right to license any and all Documents &Data. 0mtec makes no such representation and warranty in regard to Documents &.Data which were provided to Grantee by the City. City shall not be limited in any way in its use of the Documents&Dataa at any time, provide that any such use not within the purposes intended by this Agreement shall be at city's sole risk. a (b) Where Grantee does not proceed with the work and construction of the i Project, and when this.Agreement is terminated with respect thereto for any reason, Grantee shall deliver to City any and all plans and data concerning the Property, and City or any person or entity designated by City shall have the right to-use such plans and data without compensation to Grantee. Such right of City shall be subject to any right of the preparer of the plans to their use. 16.15 Antltority to Enter Aeree ent. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each ofthe terms of this Agreement,and shall indemnify the City fully,including;reasonable costs and attorneys 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. {Signatwes do follawing page} i f F . i City Council 16 —42 5/1912026 i EXHIBIT 2 IN WITNESS WHEREOF,the parties hereto have caused this Conditional Grant Agreement to be executed oil,the date set fort0i at the beginning of this Agreement. GRANTEE ILLUMINATION FOUNDATION i By: Name: _ n r, Title: C.,"G � Tax ID. 33-0315864 Unique Entity ID: KUA8LpUWgTK9 City Council 16 —43 5/19/2026 EXHIBIT 2 ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager Dated: Dated: APPROVED AS TO FORM: SONIA R. CARVALHO, City Attorney By: Matthew Cody Best, Best&Krieger Special Counsel for the City Dated: October 29, 2024 RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency City Council 16 —44 5/19/2026 EXHIBIT 2 ATTEST: CITY OFjSA/NTA ANA nnifcr L all Alvaro N�uiez r erk City Manager Dated: L_T1 Dated: J1 7-0 yG APPROVED AS TO FORM: SONIA R. CARVALIIO, City Attorney By: Matthew Cody Best, Best& Krieger Special CotuiseI for the City Dated: RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency City Council 16 —45 5/19/2026 EXHIBIT 2 E:�HIIIITS A. Legal Description of the Property H. Project Description/ Scope of Worm C. Project Budget D. Affordable Housing Regulatory Agreement and Declaration of Covenants and Restrictions E E. State 1-IHAP Round 1,2 and 3 Agreements P. Performance Deed of Trust G. NEPA Mitigation Measures 1-1. Community Woxkforce Agreement I 1 } City Council 16—46 5/19/2026 i EXHIBIT 2 I EXMBIT Ai E E 1 LEGAL DESCRIPTION OF THE PROPERTY i 5 f S S { City Council 15 —47 5/19/2026 EXHIBIT 2 EXHIBIT "A" Legal Description of the Property All that certain real property situated in the County of Orange, State of California, described as follows: Lot 12 of Tract No. 1022, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 34, Pages 20 and 21 of Miscellaneous Maps, in the Office of the County Recorder of said County. APN: 198-231-10 City Council 16 —48 5/19/2026 EXHIBIT 2 9XMUIT 113 PROJECT DESCRIPTIONISCOPE Or WORK r i i 1 I i i City Council 16—49 5/19/2026 I EXHIBIT 2 EXHIBIT "B►r Project Description/Scope of Work The Project includes the rehabilitation of 2 two-story residential buildings that were previously utilized by The Lovers of the Holy Cross Sisters as a convent. The Developer will convert the two residential buildings into eleven (11.) rental units comprised of two (2) one-bedroom units, seven (7) two-bedroom units, and two (2) three-bedroom units. One (1.) one-bedroom unit and seven (7) two-bedroom units will be restricted to homeless TAY at or below 30% of the Area Median Income ("AMI"). The two (2) three-bedroom units will be structured as shared housing for homeless senior citizens at or below 50% of the AMI. One (1) one-bedroom unit will be unrestricted and reserved for an on-site manager.The Project's unit mix and rent restrictions are as follows: 0%plMl 50%�11VI1 ManBer's BelCgnm Size Total UrEits (1PSL-I) . (I��HJ unit One-Bedroom (TAY) 1 Two-Bedroom (TAY) 7 _ One-Bedroom 1 Three-Bedroom (Senior) 2 TOTAL. S 2 1 11 The Developer proposes to construct an Accessory Dwelling Unit ("ADU") on the Site. The ADU will be used as office space for supportive services and programming functions, An existing preschool building is also located on the Site. The Developer proposes to work with Head Start to renovate and operate the preschool space. As proposed,there is no enlargement of the apartment buildings and no increase in the number of units as originally constructed. Moreover,the overall scope of work includes the proposed conversion of an existing storage shed into an ADU with two bedrooms. City Council 16 —50 5/19/2026 3 EXHIBIT 2 i i i EXHEBIT C PROJECT 13UDGET I S } I } i i . I i I IIE€ }I I 1 } 1 i City Council 16 -- 51 5/19/2026 i EXHIBIT 2 EXHIBIT "C„ Project [budget � Description Amount Site Aquisition 4,056,000 "Total Acq uisltion Cost $ 4,056,000 j Demolition 70,911 Landscape&irrigation 13,800 JII Striping 16,531 Concrete 40,466 Masonry 12,275 Steel 50,563 Rough Carpentry 200,193 Millwork 79,999 Insufation 11,94E Roofing 27,377 Doors/games/Hardware 61,645 Glass&Glazing T 15,132 I]r wall 87,182 Ceramic Tile&Stone 0 Flooring. � .-� � 1Ei7,186 - a Paint&Wall Covering 108,229 Misc.Specialties_ 20,085 Toilet Partitions&Accessories _ 8,646 Window Covering _ 7,630 Plumbing 211,335 HVAC 211,721 Electrical 247,631 Fire Alarm/Life Safety _ T 11,083 Fire Sprinklers _ - 547,500 Clean-up - ^- 6,732 Subtotal Construction Detail $ 2,235,798 General Conditions 121,373 , Liability Insurance 1$0 23,572 Fee 5% 119,037 Contingency 15% 374,967 Subtotal Construction Cost $, 2,874,747 _Architectural and Engineering Fees Allowance 105,000 � Permit&Plan Check Allowance - 61,972 Builder's Risk Insurance 10,000 owner Administration 3°Y 91,552 Deyelo er Kee 3% 91,552 Total Construction Cost $ 3,234,822 Total Project Cast $ 7,290,822 i i i I City Council 16 - 52 5/19/2026 i EXHIBIT 2 EXHIBIT D I AFFORDABLE, HOUSING REGULATORY AGREEMENT AND DECLARATION OF � t COVENANTS AND RESTRICTIONS G I I f i i i I i E I I City Council 16 — 53 5/19/2026 I I EXHIBIT 2 RECORDING REQUESTED 13Y: AND WHEN RECORDED MAIL TO: City of Santa Ana Cleric of the Council 20 Civic Canter Plaza(M-30) P.O.Box 1988 Santa Ana, California 92702 l Attention: City Clerk Free Recording pwsuanl to Government Code 27383 i AI+TORDABLE HOUSING REGULATORY AGREJEMENT WITH DECLARATION Or, ' COVENANTS AND RESTRICTIONS (918 North Bewley Street [APN 198-231-101) � R This AFFORDABLE HOUSING REGULATORY AGREEMENT WITH DECLARATION OF COVENANTS AND RESTRICTIONS ("Regulatory Agreement"), made and entered into this 15' day of October, 2024 C Effective Date"), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Illumination Foundation, a California nonprofit corporation ("Owner"). City and Owner are sometimes refereed to collectively as the "Parties" and individually as a"Party." 1 i RECITALS i A, Owner is the owner of that certain property located within the City of Santa Ana, ' County of Orange, State of California,conunnonly known as 918 N. Bewley Street, Santa Ana, California 92703, with Assessor Parcel Number 198-23140, with the legal description set forth in Exhibit A attached hereto and incorporated herein by this reference ("Property"). B. City and Owner have entered into a Conditional Grant Agreement, pursuant to which, City agreed to provide a Homeless Housing, Assistance, and Prevention grant(the"HHAP Grant")in an amount up to Two Million Twenty One Thousand Three Hundred Nineteen Dollars($2,021,319)to Owner for renovating the existing residential buildings for the purpose of using the Property as an affordable housing project with ten(10)affordable units for homeless seniors and homeless youth,and one unrestricted manager's unit(the"Project"), The affordable units iii the Project shall include: one (1)one-bedroom unit, seven(7)two-bedroom units,and two (2) three-bedroom units. The Project also includes twenty-nine (29) parking spaces, with twenty(20)spaces for residents and nine(9)spaces for the intended preschool, with one(1) accessible space and one (1) loading parking stall. C. As a condition of receiving the HHAP Grant, Owner agrees that this Regulatory Agreement shall be recorded against the Property prior to disbursement of any portion of the HHAP Grant and that the Properly and the Project shall be subject to City Council 16 — 54 5/19/2026 i i EXHIBIT 2 i the covenants and restrictions set forth herein. Thus, this Regulatory.Agreement is intended to implement and fulfill obligations set forth in the Conditional Grant Agreement. D. This Agreement, and the exhibits attached hereto and incorporated herein by reference,are intended to set forth the terms and conditions for the implementation of the Proj ect's requirement to provide affordable housing units in accordance with the Conditional Grant Agreement. NOW, THEREFORE,in consideration of the above recitals,which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement,the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall , have the meaning set forth by Health and Safety Code Section 50052.5(h). 1.1.2 "Affordable Rent" means the maximum Monthly Kent that may be charged to and paid by an Eligible Household for the Affordable Units, as req-.ured by the terms of this Agreement, and which shall not exceed rents i established by the Multifamily Tax Subsidy Program for the Eligible Household, as further set forth in Section 3.3 of this Agreement. The Affordable Rent shall be adjusted to reflect a reasonable allowance for utilities paid by the household using the Santa Ana (lousing Authority Multi-Family Housing Utility .Allowance Schedule, and shall be updated no less than annually. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to Qualified Residents. Said Affordable Rent Schedule shall be established at the time I of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Grange County, California Primary Metropolitan Statistical Area("PMSA") as published by the California Department of Housing and Community Development ("HCY), adjusted for family size, and shall be updated no less than annually. 1.1.4 "Affordable Units" shall mean the ten(TO)affordable units restricted for occupancy by the Regulatory Agreement as follows: one (1) one- bedroom unit and seven(7)two-bedroom units shall be restricted for occupancy by Qualified Howeless Youth, and two (2)three-bedroom units shall be restricted for ! occupancy by Qualified Seniors who qualify as Very Low Income, as further i I I i City Council 16 — 55 5/19/2026 j i i EXHIBIT 2 defined in the Regulatory Agreement. Any change to the mi mber or distribution of Affordable Units is subject to City Manager approval. 1.1.5 "Agreement" means this Affordable Horsing Regulatory Agreement and Declaration of Covenants and Restrictions. I 1.1.6 "City"means the City of Santa Ana, California � 1.1.7 "City Council"means the City Council of the City of Santa Ana. j 1.1.S "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.9 "City Manager" or "Acting City Manager" means the City Manager for the City of Santa Ana. 1.1.10 "City's Planning Commission," means the Planning Commission for the City of Santa.Ana. 1,1,11 "Owner" means Illumination Foundation, a California nonprofit corporation, and its permitted successors and assigns to all or any part of the Property,Project or this Agreement. L1.12 "Effective ]bate" means the date the Owner and the City � shall record or cause to be recorded in the Official Records for Orange County, California,an executed original of this Agreement,pursuant to section 4.1 herein. 1.1.13 "Eligible Household" means a Qualified Resident who meets the requirements for residing in an Affordable Unit and all persons within the same family unit of the Qualified Resident, subject to the eligibility and occupancy standards as set forth herein. 1.1.14 "Extremely Low Income" means an adjusted income that does not exceed thirty percent (3011/o) of the area median income for the Orange County,California PMSA,adjusted for household size, as published by HUD. 1.1.15 "ExtremelyLow Income Household"means a Household , whose income qualities as Extremely Low Income, adjusted for household size, as published by HUD, r 1.1.16 "Gross Household Income" means all income from � whatever source for all Qualified Residents who are part of the same Eligible Household, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in,California Code of Regulations Title 25 Housing i and Community Development Section 6914, i I 3 I City Council 16 — 56 5/19/2026 I EXHIBIT 2 1.1.17 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit pursuant to California Health and Safety Code§ 50052.5(h),as periodically published by HCD. 1.1.18 "Monthly Rent" means the total of monthly payments for: (a) use and occupancy of each Affordable Unit and land and facilities associated therewith; (b) any separately charged fees or service charges assessed by Owner ' which are required of all tenants, other than security deposits or application fees; (c) a reasonable allowance for an adequate level of service of utilities not included in(a) or(b) above, including garbage collection, sower, water, electricity, gas and other heating,cooking and refrigeration fuels, but not including telephone or cable service,to the extent applicable and charged to tenant; and,(d)possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Owner. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge, 1.1.19 "Project"-means that certain affordable residential housing Project as more particularly described in Recital B and,Section 2 of this Agreement, i 1.1.20 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.21 " i Qxas�lified Sen><or(s) means any person over the age of�i2 ; who qualities as "homeless" within the meaning of Section 578.3 of 24 C.I.R. § 578.3, and whose Gross Income does not exceed the limit for a Very Low Income Household. 1.1.22 "QUalii'ied Homeless Youth" means any person between the age of eighteen (18) and twenty four (24) who qualifies as "homeless"within the meaning of Section 578.3 of 24 C.F.R. § 578.3, and whose Gross Income does not exceed the limit for an Extremely Low Income Household. Qualified Homeless Youth include unaccompanied youth who are pregnant or parenting. 1.1.23 "Qualified ResideJnt(s)" means Qualified Seniors and Qualified Homeless Youth. 1.1.24 "Term" means tho period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.25 "Unit" means a residential dwelling unit within.the Project to be constructed or caused to be constructed by Owner pursuant to this Agreetent. i 1.1.26 "Unrestricted Unit" means the manager's unit referenced in Section 2.3. I i I City Council 16 — 57 5/19/2026 I J EXHIBIT 2 ` 1.1.27 "Very Low Income" means an adjusted income that does not exceed fifty percent (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HUD. 1.1.28 "Very Low Income Household"means a Household whose annual income qualifies as Very Low .Income, adjusted :for household size, as 'F published by HUD. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A—Legal Description of the Property 1.2.2 Exhibit 13—Tenant Verification 1.2.3 Exhibit C--Annual Tenant Recertification 1.2.4 Exhibit D—Annual Rental Housing Compliance Report 2. DEVELOPMENT OF TJJE PROPERTY 2.1 Pr.__ojecfi. Owner shall rehabilitate, operate,and maintain,or cause the rehabilitation, operation and .maintenance of, the Property as an eleven (11) unit rental residential community, � with ten(10)Affordable Units for Qualified Residents. 2.2 Parking Requirements.The Project shall have no less than twenty-nine(29)parking spaces, with twenty(20) spaces for residents and nine (9) spaces for the intended preschool. The parking shall include one (1)accessible space and one (1) loading parking stall. 2.3 Minimum Develo ment Standards for Affordable Un4a. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and duality of materials as provided for any Unrestricted Units,regardless of whether such Unrestricted Units are in the Project. 2.4 Permits and Processing; Compliance with Laws. Owner, at its sole cost and expense, or as otherwise set forth in a separate written agreement, shall secure or cause to be secured any and all permits that may be required for the construction and rehabilitation, of the � Project by City or any other federal, state, or local governmental entity having or claiming 3 jurisdiction over the Property or Project. Upon securing any and all permits, and all necessary tivancing and property interests, Owner shall carry out and perform the rehabilitation, operation, and maintenance of the Project or cause the performance of the rehabilitation, operation, and F maintenance of the Project, in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project,shall be reviewed by the City to determine compliance with this Agreement, If any changes to the Project shall materially alter the ability of E Owner to comply with any terms of this Agreement in. City's sole determination, then City and Owner shall meet and confer to address amendments and revisions to this Agreement as necessary, City Council 16 — 58 5/19/2026 i EXHIBIT 2 i 2.5 Relocation Prior to Commencement of Project. If relocation is required prior to the I completion of rehabilitation of the Project, Owner shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Owner under this Agreement, Owner shall indemnify, defend(with counsel of City's choosing I and the consent of Owner, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the Project. 2.6 Mechanic's Liens Indemnification. Owner shall take all actions reasonably Necessary to remove any future mechanic's liens or other similar liens (including design professional lions) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Owner or caused by, at the direction of, or on behalf of Owner. Prior to the recording of this Agreement (or memorandum thereof)pursuant to Section 4.1 below, Owner shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien, In addition to any other indemnity provided by Owner under this Agreement, Owner shall indemnify, defend(with counsel of City's choosing and the consent of Owner,which shall not be tuireasonably withheld,conditioned or delayed and which may be joint defense counsel upon City's and Owner's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities,and damages from any third party by reason of a mechanic's lien or work,labor,services, or materials supplied or claimed to have been supplied to Owner or caused by,at the direction of, or on behalf of Owner. 3. AFFORDAB LITY 3.1 Total Affordability Term. Owner agrees and covenants,which covenants shall run with the land and bind Owner, its successors, its assigns and every successor in interest to the Property that each Affordable Unit shall be restricted to use and occupancy by a Qualified Resident for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the building in.which the Affordable Unit is located receives all required occupancy permits from the City. The occupancy permits may be issued in the form of the Certificate of Occupancy or Final Inspection Notice from the City. 3.2 Memodalizin Commencement of Total Affordabilfty Term. Owner shall.keep or cause to be kept detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records without a fee from City to Owner to ensure that the commencement date specified by Owner for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Owner for the commencement of the Total Affordability Term for are Affordable Unit and the date specified � i i City Council 16— 59 5/19/2026 EXHIBIT 2 by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all recliured permits for occupancy of the Unit shall control, 3.3 AffordabiIily.Leyels/Unit Mix. 3.3,1 Manger's Unit. The Project may have one (1) Unrestricted Unit that is a one-•hedraom unit for the manager and which is not subject to the requirements for an Affordable Unit referenced herein. 3.3.2 Affordable „Units. The Project, for purposes of this Agreement,shall provide ten(10)Affordable Units, Owner shall provide eight(8) Affordable Units for occupancy by Qualified Homeless Youth, and two (2) Affordable Units for Qualified Seniors, as follows: No.of No.of Units Occupancy Affordability Bedrooms (incomes/Rents) Qualified Homeless Youth 3090 AMI /30l AMI { 2 MTSP Rent 3 2 Qualified Seniors 50%AM1/50%AMI MTSP Rent _ 3 3.3.3 Shared HousinX. The Affordable Units for Qualified Seniors � shall be operated as shared housing, and each bedroom shall be rented as individual 1 units to Qualified Seniors of the same household. The remainder of each Affordable Unit shall be shared by the residents, 3.3.4 Al'ordable Rent. Owner covenants that the Affordable Units shall at all times during the Total Affordability Term be rented to, or held vacant and available for immediate occupancy by an Eligible Household at an Affordable Rent.The Affordable Rent shall comply with the followhig. 3.3.5 For the eight (8) Affordable Units restricted for Qualified Homeless Youth,the Affordable Rent for each Eligible Household shall not exceed the thirty percent (30%) of area median income (AMI) rent limit as published by HCD for the Multifamily Tax Subsidy Program ("Affordable Homeless Youth Rent). 3.3.6 For the two (2) Affordable Units restricted for Qualified Seniors and operated as Shared fl:ousing units as described in Section 3.3.3, the total Affordable Rent for the Affordable Unit shall not exceed the fifty percent (50%) AMI rent limits as published by HCD for the Multifamily Tax Subsidy Program. The rent for each individual bedroom rented out as a single unit to Qualified Seniors of the same household shall not exceed the lesser of("Affordable Senior Rent"): i City Council 16 — 60 5/19/2026 EXHIBIT 2 (a) One-third (1/3) of the 50% AMI MTSP rent for a three-bedrooni unit; or (b) 30%of the household's actual income. 3.3.7 A utility allowance must be deducted from the maximum Affordable Rent charged at the Project for each Affordable Unit. The Dousing Authority of the City of Santa Ana provides a multi-family Utility Allowance I Schedule that must be used to calculate the utility allowances for the Affordable Units. 3.4 Rent Increases. 3.4.1 On any annual basis, the City shall provide Owner with the maximum allowable schedule of rents that must be,used for determining Affordable Rent for the Property in accordance with changes in allowable rent and income tables published by HCD. In no event can Owner charge any tenant more than,the Affordable Rent as determined from the updated schedule of rents. 3.4.2 All rent increases on the Affordable Units are subject to City approval pursuant to the terms of this Section. No later than sixty (60) days prior to the proposed,implementation of any rent increase,Owner shall submit to the City a schedule of any proposed increase in the rent. The City will disapprove a rent increase if it does not comply with the restrictions set forth ill Section 3.3 above, 1 3.5 Termination of Tenancy, Owner may not terminate the tenancy or refuse to renew x the lease of tenant except for serious or repeated violation of the terms and conditions of the Lease; for violation of applicable federal, state, or local law; or, according to the lease terms. Any termination or refusal to renew trust comply with applicable federal, state, or local law. 3.6 Continued Income Qualification and Vacated Affordable Units. 1f the annual recertification demonstrates that a previously Eligible Household's Gross Household Income exceeds the allowed Median Income for the Affordable Unit, the Owner will be considered in compliance with this agreement acid such tenant may be permitted to continue to occupy the Affordable Unit at the rental rate as provided for in Section 3.3 and 3.4 above, until the tenant chooses to vacate the Affordable Unit. After the Affordable Unit is vacated, the Affordable Unit shall be re-rented to a.new Eligible Household pursuant to the terms, covenants and conditions of this Agreement. 4. OPERATION OF THE PROJECT 4,1 Recording of Documents. No later than issuance of building permits for the Project, Owner and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. This agreement shall not be subject or subordinate to any other lieu on the Property,except with the written consent of the City. City shall � cooperate with Owner in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective bate of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon acid run with the i E City Council 16— 61 5/19/2026 . I i I EXHIBIT 2 I Property and Project for no longer than the Total Affordability Term. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the Conditional Grant Agreement. 4.2 Rental of Units. Upon the completion of construction of the Project and receipt by Owner of all required permits for the occupancy of the Units, Owner shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement,which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to Qualified Residents for the Total Affordability Term. 4.3 Occupancy L eyels, Subject to state or federal.laws and regulations,the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom,plus one person. For the Shared Mousing units and individual bedrooms, the number of persons permitted to occupy each bedroom shall not exceed two persons. No persons may reside outside of each individual bedroom, any common area, or otherwise not in a bedroom but within a shared housing Unit.If an Eligible Household, during the terns of its tenancy, adds members that exceed the maximum occupancy allowed under this section, Owner shall provide written notification informing the household that:it is over-occupancy; has been placed on awaiting list for up to one.- hundred and eighty(180)days;the expiration date of the waiting list;and the texms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty (120) days, ninety(90) days, sixty (60)days and thirty (30) days if applicable. 4.4 Use of the_Prola-M. All uses conducted on the Property by Owner, including, without limitation, all activities undertaken by the Owner pursuant to this Agreement, shall € conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as an affordable rental housing complex and none of the Affordable Units in the Project,nor shall the Property or any portion thereof,ever be used as a hotel,motel,dormitory, fraternity or sorority house, rooming house, hospital, nursing home, or sanitarium or rest home. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal,nondiscriminatory basis to residents of all Units at the Project. 4.5 Maintenance. Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner,regardless of cause ofthe disrepair, Owner shall be fully and solely responsible for costs of maintenance,repair, addition and improvements. City,and any of its employees, agents, contractors or designees shall have the right to enter upon.the Property at reasonable tunes and in a reasonable manner to inspect the Project, after providing notice as follows: (i)at least a 2.4Whour notice to Owner and Tenants of the Affordable Unit which will be inspected, or(ii)at least 48 hours' notice to Owner,which shall promptly give notice to Tenants of the Affordable Unit to be inspected. 4.6 Affordable RentalLease A"reement, Owner shall prepare a rental lease agreement for the Affordable Unit ("Affordable Unit Lease Agreement") for the Affordable Unit. All Affordable Unit Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that-the Eligible Household's right € i 15 —62 5/19/2026 City Council � f I EXHIBIT 2 E I to occupy the Affordable Unit is subject to compliance with the requirements.for being an Eligible Household. All Affordable Unit Lease Agreements must be consistent with the terms contained in this Agreement. 4,7 Selection of Tenants, i 4.7.1 Owner shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement, 4.7.2 Each Affordable Unit shall be rented to Qualified Residents referred from the Orange County Coordinated Entry System. 4,7.3 A local preference for Santa Ana residents, students and workers in.tenant selection for the .Affordable Units shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Owner shall give preference to Qualified Residents in leasing the Affordable Units in the following order of priority: (a) First priority shall be given to persons who have been permanently displaced or who face permanent displacement from housing in the City as a result of any of the following.(i)for projects ftuided by the Low-Moderate Income Housing Asset Fund, a redevelopment project undertaken pursuant to i California's Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.); (ii) Ellis Act, owner-occupancy, or removal permit eviction; (iii) earthquake, fire, flood, or other natural disaster; (iv) cancellation of.a Housing Choice Voucher l:IAP Contract by property owner;or(v)governmental action,such as Code Enforcement. (b) Second priority shall be given to persons who are either:(i)residents of Santa Ana, (ii) individuals working in the City at least thirty two (32) hours per work for at least six (6) months prior to the occupancy, (iii) persons who seek to reside in the City as an accommodation to a mental or physical disability, or(iv)households with students who attend public school in the City. 4.7.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Owner shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached a hereto as Exhibit S) certifying that the tenant(s) occupying the Affordable Unit is/are a Qualified Resident and otherwise mect(s) the eligibility requirements established for the Affordable Unit,including any eligibility for the local preference set forth in Section 4.7.3. Owner shall verify the income of the tenant(s)as set forth herein, 4.8 Income Verification and Certification. I City Council 16 — 63 5/19/2026 I i EXHIBIT 2 Owner shall make reasonable efforts to verify or cause to be verified that the Gross Household Income for each Eligible Household complies with the requirements of this Agreement. These efforts shall include verification of the income and asset statement provided by an applicant in an income certification is accurate by taking, at a nainirnum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period,(2)obtain an income tax return for the most recent tax year, (3)obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.8.1 Annual Recertification. Owner agrees to recertify or cause to be recertified household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the forrn attached ! hereto as Exhibit C. An Annual Rental Housing Compliance Report C'Annual + Compliance Report') shall be sent by Owner to the City in substantially the form attached hereto as Exhibit U for City's review and approval. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Total Affordability Term, which is the date that each E building receives all required occupancy permits from the City. 4.9 Monito-in:Recordkeeping;Reporting. 4.9.1 Throughout the Term of this Agreement, Owner shall annually complete or cause to be completed and submit to City the Annual j Compliance Report. Owner agrees to pay a reasonable fee,as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Owner's compliance with the affordability restrictions contained in this Agreement related to the Affordable Units. The fee shall be determined by the City's per unit monitoring fee,which upon the Effective Date of this Agreement is $121, and may be updated periodically by the City. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement,and shall be entitled to inspect-the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City without a fee from the City. Owner agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Unit reasonably available fox such inspection or audit. Owner agrees to maintain or cause for the.maintenance of each record of the Project for no less than five (5) years after creation of each such record. 4,9.2 Owner shall allow the City to conduct annual inspections of the Affordable Unit on the Property after the date of construction completion,with reasonable notice,which shall be at least twenty four(24)hours in advance, unless a shorter time is required in an emergency,to Owner of the Affordable'Unit. Owner ; shall commence to cure or cause the commencement to cure any defects or City Council 16 — 64 5/19/2026 ; i i EXHIBIT 2 deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole;discretion of the City. 4.9.3 Owner shall comply with the monitoring, documentation, and reporting requirements unposed on the Project as the result of receiving the HHAP Grant, including but not limited to all information required by Health and Safety Code §§ 50221 and 50222. 4.10 Emeracney Evacuation Plan:. Owner shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City police and Fire Protection agencies prior to issuance of a Certificate of Occupancy, Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency i (d) Community Development Agency { 4.11 free Crime _ Housing . Owner shall provide a crime free housing policy,procedure, and design plan(the"CFH Plan"),which includes the following provisions: (a) Requiring parking areas and common interior areas (lobbies,elevators, etc.)to contain security cameras; (b) Requiring routine unit inspections; (c) Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and (d) klave policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in goad condition and. repair(e.g., well-lit,kept clean,, etc.). Owner shall submit and obtain approval '" pp oval from the City s Planning and Building I Agency ("PBA") that the CFH flan meets the requirements of this Subsection 4.12 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Owner or its designated properly manager, subject to all legal requirements, prohibitions against discrimination or unlawful housing practices. 4.12 Onsite Parking Management Plan. Owner shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Owner shall continually monitor and take the following measures to manage the parking demand of the Project City Council 16 — 65 5/19/2026 i EXHIBIT 2 site to mitigate the use of offsite parking spaces on private or public properties and/or right-of- Way. (a) Requiring onsite parking permits(such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; (b) Policies ;for maximum time vehicles may be parked in the surface parking spaces,including any guest parking; and { r (c) Policies for towing unauthorized vehicles, vehicles parked in unauthorized Iocations (such as fire lames), vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed. Prior to issuance of the Certificate of Occupancy, Owner shall submit and obtain approval from the City's Planning and Building Agency a Parking Management Plan(the"PMP") including those measures above. The approved PMP shall be, adhered to and be enforced by the Project:at all times. 4.13 Market Viand Resident: Selection flan. 4.13.1 Each Affordable Unit shall be leased to Eligible Households selected by Owner who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Owner shall prepare and obtain City's approval of a marketing program and resident selection plan for the leasing of the Affordable l Units at the Project ('Marketing Program"). The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval. Upon request, Owner shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.13.2 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timoline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints,and compliance assessment. Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program. 4.14 Compliance.with.HHAP Grant,Owner shall comply with all requirements imposed upon the Project as a result of receiving the HHAP Grant, including but not limited to the following; i 4.14.1 Particxnation in Statewide HDiS. Owner shall comply with, and reasonably cooperate with City for purposes of complying with, all i I City Council 16 -- 66 5/19/2026 EXHIBIT 2 i requirements to participate in the Homeless Data. Integration System (HDIS), pursuant to California Health and Safety Code §§ 50220.6 and 50220.7(b)(3). 4.14.2 Hous gg First. Owner shall operate the Project in accordance with the Housing First provisions of Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code. 4.15 Supportive Services. owner, at its sole cost and expense, shall provide case management and supportive services to all tenants on the Property. On or before ,2024, _ Owner shall provide the City with a ,supportive services plan that will set forth the services provided to residents at the Property, and City shall have thirty (30) days to review and approve the plan,which approval shall not be unreasonably withheld. 4.15.1 The annual budget for supportive services paid out of the Project's operating expenses shall be no more than seventy live thousand dollars ($75,000) or$7,500 per affordable unit, adjusted annually based upon the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index of Urban 'Wage Earners and Clerical Workers, Subgroup "All Items," for the Los Angeles-Riverside-Orasrge County area, 1982-84= 100, or successor or equivalent index in case such index is no longer published. Owner .may choose to provide additional supportive services through fundraising efforts external to the Project. i 4,15.2 For purposes of ensuring the long-ter", viability of the Project, Owner shall deposit fifty percent (50%) of "Net Cash Flow" into an operating and replacement reserve account,to be held in a separate,interest bearing account for the Project. Owner shall notify the City for any disbursements from j the operating and replacement reserve account, 4.15.3 For purposes of Section 4.16,2, Net Cash Flow shall be determined by subtracting "Operating Expenses"from"Gross Revenues"as those terms are defined below: (a) "Gross Revenues" shall mean all revenues and receipts of every Idnd actually received by Owner from operating the Property,and all parts thereof, including, but not limited to, income from both cash and credit transactions, rental payments from leased and/or subleased spaces, governmental assistance housing payments or other operating subsidies, and parking fees and charges(but not including security deposits and other tenant deposits,except to the extent such deposits are forfeited to the Owner under the tenant's lease). Gross Revenues does not include any insurance proceeds other than any rental interruption insurance proceeds. Any credit consideration shall be included in Gross Revenues at the time cash proceeds (principal, interest and/or other) are received. Owner shall establish and maintain accounts for the C.Tross Revenues (the ",Project Accounts") that are segregated from revenues and income received by Owner from all other projects. Gross Revenues shall also include all interest earned on the Project Accounts to the extent interest is released from the Proj ert Accounts. E City Council 16— 67 5/19/2026 i I EXHIBIT 2 Gross Revenues do not include the proceeds of any loans or capital contributions made to Owner, or proceeds from a sale or re-finance of the Property. (b) "Operating Expenses"shall mean: (i) payments of principal and interest on or with, respect to the Senior Loan(s); (ii) payments of any other amounts on or with respect to the Senior Loan(s)beyond principal and intexest(i.e. optional payments) as approved by the City; (iii) a property management fee no greater than ' sixty-five dollars ($65)Iper unit/per month, increased axanually by the lesser of: (A)three percent(30/o); or(B)prior Year CPI, beginning the year following the issuance of the first certificate of occupancy for the Project; (iv) all other actual,reasonable cash operating costs and expenses,calculated on an annual basis,that are directly attributable to managing and operating the Project and the Owner, including,without limiting the generality of the foregoing,the following; costs and expenses for real and personal property taxes, special assessments or similar charges;water, fuel, electricity and other utilities;heating,ventilation and air conditioning expenses; labor; supplies; tools; equipment; insurance;advertising and marketing; accotuating and legal fees; brokerage commissions and other leasing expenses; reasonable reserves for all anticipated expenses as approved by the City; and other such items constituting operation,maintenance and repair costs actually paid by the Owner, subject to the followhng conditions: (1) Depreciation, amortization, and accrued principal and interest expenses on deferred payment debt and capital I mprovement expenditures shall not be considered Operating Expenses, except as otherwise provided herein, (2) Any expenses,compensation or fees paid to any affiliate of Owner shall only be included as Operating Expenses to the extent they are not in excess of the reasonable expenses, compensation or fees which would be payable to unrelated third parties in arms-length transactions for similar services in the Santa Ana, California area; and, (v) The cost of social services and other housing supportive services provided at the Project for the prior year in compliance with. this Agreement. (c) The City reserves the right to at any time review and approve each or any annual budget during the Term hereof, and any changes to any said annual budget reasonably requested by the City shall be promptly implemented by Owner, Notwithstanding the foregoing, in no event shall Operating Expenses City Council 16—68 5/19/2026 EXHIBIT 2 include any costs, fees, fines, charges, penalties, awards, judgments or expenses (including, but not limited to legal and accounting fees and expenses) that are due to or arising out of the Owner's: (a) breach or default of this Agreement or the Conditional Grant Agreement, or any Loan Document or any Senior Loan Document; (b)fraudulent acts or willful misconduct; or(c)breach or default under any other contract,lease or agreement pertaining to the Project. (d) Owner shall provide City with annual audited financial statements that demonstrate compliance with the requirements of calculating Net Cash Flow,Cross Revenues,and Operating Fxpenses. Owner shall provide the annual financial statements on or before the date that is thirty(30)days after the anniversary of when the Project receives its first certificate of occupancy for the Scope of Work, or when Owner commences leasing the Affordable Units Pursuant to this Agreement,whichever is sooner. 4.16 Prviect Finance 4.16.1 City shall have the right, and may in its sole and absolute discretion, to approve or disapprove any senior loan secured by a deed of trust for the Project('Senior Loan"). 4.16.2 Without limiting City's approval of a Senior Loan,any loan # from an entity that owns, controls, or affiliated with Owner is subject to the following: (a) The interest rate shalt -not exceed the Wall Street Journal Prime (WSJ) Rate in effect at the time of Owner's agreement to such interest rate. (b) The lender of a Senior Loan may not foreclose on the Project. ? 4,16.3 The City shall have the right, but not the obligation, to cure any default on a Senior Loan prior to foreclosure on the Project. The City shall i have at least ninety (90) days to cure, plus such additional time as may be -reasonably necessary to cure, for a period of not more than one hundred eighty (180) days,provided.that City is diligently pursuing a cure of the default. 4.16.4 City shall have the right to notice of any default. 4.16.5 Owner covenants and warrants that it shall be responsible for all operating losses on the Project during the term of the Regtzlutory Agreement. 5. TERM OF THIS AGRLEIVIENT 5.1 Term. The term of this Agreement shall commence on the date a final certificate of occupancy is issued for the Project and shall continue for a total period of no less than fifty-five {' City Council 16— 69 5/19/2026 i i i EXHIBIT 2 (55) years ("Total Affordability 'Perm"), except for obligations, which are specifically stated to survive expiration of the Agreement. 6. DEFAULT AND TERMM ATION•INDEMNIFICATION 6.1 Default, failure or delay by any Party to perform any term or provision of this Agreement, which is not clued within thiz•ty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement;provided,however,if,such default is of the nature requiring more than thirty (30)days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within f such thirty(30) day period, and thereafter diligently pursuing such cure to completion within an 1 additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against fiuther damages, the injured Party rxray not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default,nor shall it change the time of default. 6.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the 1 same default or any other default by the other Party. City's rights and remedies to enforce this Agreement include any and all civil,administrative,or criminal remedies as set forth in local,state, 1 or federal law. Notwithstanding anything to the contrary contained in this Agreement,in no event f shall either Party be liable for speculative, consequential, punitive or other indirect damages, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party. 6.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Owner agrees to defend (with counsel of City's choosing and the consent of Owner, which shall not be unreasonably withheld,conditioned or delayed and which may be joint defense counsel upon City's and Owner's consent) indemnify and hold harmless City and its respective officers, officials,agents,employees,representatives,and volunteers(collectively, "Indemnitees") from and against any loss,liability,claim, or•judgment arising from any act or omission of Owner in connection with its obligations under this Agreement, except to the extent required by law for the negligence or willful misconduct of Indemnitees. 7. ASSIGNMENT: COVENANTS RUN WITH 1HEIAAND 7.1 Assignment by Owner, i 7.1.1 Prohibited Transfers,or Assignments. Owner shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Owner's rights and obligations in this Agreement, in whole or in part, unless the sale,transfer, or assignment complies with this Section ("Permitted Transfer"). If Owner seeps to sell, transfer or assign the Property or Project, or any rights and obligations in this Agreement, in a manner that does not constitute a Perinitted Transfer, Owner shall request City's written consent,and City shall respond within City Council 16 — 70 5/19/2026 I EXHIBIT 2 thirty(30)clays with a written approval or denial,which City may determine in its sole and absolute discretion, if City approves such a request,then prior to any such sale, transfer or assignment, Owner shall pay City's reasonable fees as compensation for the City's review of the request. City's failure to respond to the j request within thirty (30) days shall be deemed an approval. 7.1.2 Sale of Pro ert . Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set :Forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Owner and its 'II successors and assigns,and all parties having or acquiring any right,title or interest I in, or to any part of the Property or Project. Owner further understands and agrees that the Conditional Grant Agreement for this Project was agreed to by the City on the condition that Owner, Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 2, 3, 4, and 5 of this Agreement for the Total Affordability Terra, 7.1.3 Subse went Assn nrnent. As used in this Agreement, the term "Owner" shall be deemed to include any such transferee or assignee after the date such sale,transfer,or assignment occurs in compliance with this Agreement. I� I 7.1.4 Un. ermitted Assignments Vgid. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales,transfers,or assignments, 7.2 Covenants Run with the Land. The Property shall be used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, ,restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Owner and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The.covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall ruin in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants manning with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or Private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Owner hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Owner's interest in the Property is rendered less valuable thereby. (.Owner hereby further declares its understanding and intent that the agreement provides a public benefit in furtherance of benefit of such covenants City Council 16 — 71 5/19/2026 I EXHIBIT 2 touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. . i 8. MISCELLANEOUS 8.1 Entire A eement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the affordability requirements for the Project, and there are no oral or written representations, understandings. or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any lard or nature to interpret or determine the terms or conditions of this Agreement. 8.2 Amendment. Any alteration, change or modification of or to this Agreement, in E order to become effective, ,shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals,issue interpretations,execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California. 8.3 Notices. 8.3.1 Delivery. As used in this Agreement, "notice" includes, but f is not limited to, the communication of Notice, request, demand, approval, # statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder, All notices shall be in writing and shall be considered given either; (i) when delivered in person to the recipient named below; or (h) on the date of delivery shown on the return receipt, after deposit in the United Statos mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United ,States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a Imown and reliable next-day document delivery service(such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party; or (vi) upon transmission thereof(as evidenced by the recipient's reply to such notice or other competent evidence of actual receipt)if transmitted by electronic transmission (email),provided that a copy of such notice is concurrently sent by first-class .mail postage prepaid. All notices shall be addressed as follows: If to City, City of Santa Ana � Community Development Agency i City Council 16 — 72 5/19/2026 f i EXHIBIT 2 20 Civic Center Plaza(MM26) P.O.Box 1988 j Santa Ana,California 92702 j Attention: Housing Division Manager or Homeless Services Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza,7th Floor(M,29) Santa Ana,California 92702 If to Owner: _Illumination Foundation Pooja Bhalla,DNP,RN Chief Executive Officer 2871 Pullman Street Santa Ana,CA 92705 8.3.2 Change of Address. Either party may,by notice given at any time, require subsequent notices to be given to another person or entity,whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 8.4 Severs bi.li . Zf any term,provision, covenant or condition of this Agreement shall be determined invalid,void or unenforceable,the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this.Agreement. 8.5 lzat 1 retation arid..Governing�Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the lags of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whale according to i its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and theLdo of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement,all Parties having been represented by counsel in the negotiation and preparation hereof: 8.6 Section Headings All section headings gs and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement, 8.7 Singular and Plural. As used herein, the suigular of any word includes the plural, and vice versa,as context so dictates. Masculine, feminine,and neuter forms of any word include � the other as context so dictates. 8.8 Joint and Several Ohli rations. If at any time during the term of this Agreement the Property and/or project is owned, in whole or in part,by more than one Owner, all obligations of such Owner under this Agreement shall be joint and several, and the default of any such Owner shall be the default of all such Owners. City Council 16 — 73 5/19/2026 EXHIBIT 2 8.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 8.10 Computation of Days, Unless otherwise specified in this Agreement or any Exhibit attached hereto,use of the term"days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except ,Saturdays, Sundays, official ,State holidays as recognized in Government Code Section 19$53(a) or successor statute,and any days in which ,Santa Ana City Hall is closed for business. 8.11 Waiver, Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party,or the failure by a Party to exercise its rights upon the default of the other Party,shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 8.12 Non-Discrimination. In performing its obligations under this Agreement, Owner 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 related activities. Owner affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulatiocts. 8,13 Third P2u.1y Beneficiaries. No persons of entity, other than City and Owner shall have any right of action based upon any provision of this Agreement. E 8.14 Force Ma1eure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes,other Acts of God,fires,pandemics as declared by federal, state,or local emergency resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays 'by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur,the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 8.15 Mutual_Covenants. The covenants contained herein are mutual covenants and also � constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 8,16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as cgtaitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from: doing some act hereunder with regard to the Property, (a)is for the benefit of and is a burden upon.every portion of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each City Council 16 — 74 5/19/2026 E I EXHIBIT 2 1 Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 8.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 8.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing,removal or change of venue to any other court, 8.19 Project as a Private Undertaking, It is specifically understood and agreed by and between the Parties hereto that the Project is a private development,that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the. terms, covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating private property and the Owner of such property. 8,20 Further Actions and Instruments. Each of the Parties shall cop erate with and p provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all.obligations under this Agreement and in the satisfaction of the Project and conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings-and take any actions as may be reasonably necessary under the torms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or the Project or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements or amendments to this agreement as may be reasonably necessary or proper to fiulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City, 8.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) inodifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Patty alleges that specified(date and nature)defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party, i i City Council 16 — 75 5/19/2026 EXHIBIT 2 8,22. No Subordination. City s approval of the necessary land use entitlements that authorize Owner to rehabilitate, operate, and maintain the Project was based upon Owner's obligation to provide the Affordable Units pursuant to the Conditional Grant Agreement. This Agreement shall have priority over any and all mortgages, deeds of trust,and other similar forms of secured financing recorded against the Property or any portion thereof. 8.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 8.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that h . or shchhey have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they hasiha.ve the authority to bind the Party to the performance of its obligations hereunder. (Signatures onfallowingparge) 1 I City Council 16— 76 5/19/2026 ! i EXHIBIT 2 IN WITNESS WHEREOF,the parries hereto have caused this Agreement to be executed on the date set forth at the beginning of this Agreement. OWNER ILLUMINATION FOUNDATION y e Name: Title: Tax ID: 33-0315864 Unique Entity ID: KUA8LPUW9'ITIe,9 I i City Council 16 — 77 5/19/2026 EXHIBIT ATTEST: CITY Or SANTA ANA i __ I Jennifer L. Hall Alvaro Nufiez City Cleric City Manager Dated: Dated: APPROVED AS TO FORM: SONIA R. CARVALHO,City Attorney By: Matthew Cody Best, Best&Krieger Special Counsel for the City Dated: --- RE WOMMENDEID FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency i i I i City Council 16 — 78 5/19/2026 I EXHIBIT 2 CUBIT A LEGAL,DESCRIPTION OF THE PROPERTY APN: 198-231-10 i a I 1 ff f 1 1 i City Council 16 -- 79 5/19/2026 EXHIBIT 2 EXHIBIT "A" Legal Description of the Property All that certain real property situated in the County of Orange, State of California, described as follows: Cot 12 of Tract No. 1022, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 34, Pages 20 and 21 of Miscellaneous Maps, in the Office of the County Recorder of said County. APN: 198-231-10 City Council 16 — 80 5/19/2026 i EXHIBIT 2 i TENANT VERIFICATION i i 1 E I i i i i i City Council 16 — 81 5/19/2026 s EXHIBIT 2 I I 3 3i 7 TENANT INCOME VERIFICATION FORM Head of Household(Print Name): Address: Telephone Number: Home: Work: Cell: _--- Date of Birth: Social Security Household Composition i List All Household Members Living in the I nclusionary Unit Dependent Name Sex Age (YIN) Social Security# E 1 s List additional household members can a separate sheet of paper, Tenant Income Verifloation Form Page 1 Santa An ' City Council 16— 82 5/19/2026 i EXHIBIT 2 TENANT INCOME VERIFICATION FORM Monthly Gross Income List All Sources of Income of All Household Members Living in the Incluslonary unit Part 1: Earned Income Other Adult i Head of Household Household Members Total 1. Gross amount, before payroll deductions of wages, $ $ $ salaries, overtime pay, commissions, fees, tips and bonuses. i a 2. Net income from business. $ $ $ i i 3. Social security, annuities, insurance policies, $ $ $ pensionlretirement funds, disability or death benefits received periodically. 4. Payment in lieu of earnings, such as $ $ $ unemployment, disability compensation, worker's j compensation and severance pay. � 5. Public assistance,welfare payments $ $ $ f B. Alimony, child support, other periodic allowances $ $ $ 7. Regular pay, special pay and allowances of $ $ $ i members of the Armed Forces l 8. Other $ $ $ Subtotal: Monthly Earned income $ Total Monthly Earned income x 12 = $ __ _ Total Annual Household Gross Earned Income i i i i i Tenant Income Verification Form Page 2 Santa Ana. California _ August A.2014 City Council 16 — 83 5/19/2026 i i EXHIBIT 2 TENANT INCOME VERIFICATION FORM Monthly Cross Income 3 List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income Total Other Adult Household Head of Household Investment Household Members Income 1. Interest paid on Sank and Savings accounts $ $ $ 2. Dividends and other payments from stacks and $ $ $ bonds 3. income from real property(i,e, rental property) $ $ $ 4. Other(describe) $ $ $ i i Subtotal: Monthly Investment Income: $ Total Monthly Investment Income x 12 - $ 'Total Annual Household Investment Income I *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience. Tenant Income Verification Form Page 3 Santa Ana.roils rnia - Aig«st_8_201.4_ City Council 16 84 5/19/2026 I EXHIBIT 2 TENANT INCOME VERIFICATION FORM I Assets ** List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Fart 2 above Other Adult Head of Household Household Members Total Value of j Value Value Assets 1. Bank and Savings accounts $ $ $ 2. Stocks and bonds $ $ $ 3. Real property (i.e. rental property) $ $ $ 4. Other(describe) $ $ $ Total Asset Value $ �� "Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household's annual income shall include the greater of the actual amount of income, if any, derived from all of the household assents; or 10% of the total Value of the assets. I I I I Tenant Income Verification Form page 4 Santa An& Q812foomia__--_ - -_-- .. August S.20J4 City Council 16 — 85 5/19/2026 EXHIBIT 2 TENANT INCOME VERIFICATION FORM If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0. Calculation of Investment Income to be Included in Annual Household Income 1. Total Annual Household Investment Income $ 2. Total Asset Value $ x 1 )% $ The Greater of#1 or#2=Investment Income to be Included in Annual Household Income ► I i i Calculation of the Household's Total Annual Income 1 Total Annual Household Gross Earned Income $ 1 I a Total Investment Income to be Included in Annual Household Income $ Total Household Income $ Documentation Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from two most recent pay periods BankfSavincgs account verification Employment verification Self-employment verification Income tax return Unemployment verification Social security verification Welfare verification Alimony/child support verification Disability income verification Other(Describe) li Tenant Income Veriflcation Form Page 5 i Santa Anna.QiHIQYnta r.pst 8 2014, — ! City Council 16 — 86 5/19/2026 i EXHIBIT 2 AFFIDAVIT This Affidavit is made with the knowledge that it will be relied upon by the City of Santa Ana, our landlord and the owner of our apartment building, to determine maximum income for eligibility. (I/we) warrant that all information set forth in this document is true, correct and complete and based upon Information (I/we) deem reliable and based upon such investigation as (11we) deemed necessary. I (JAIVe) acknowledge that (Itwe) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of(my/our) rental agreement with the property owner to rent the unit and will additionally enable the property owner to Initiate and pursue all applicable legal and equitable remedies with respect to the unit and to me/us. (111Ne) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ,Santa Ana, California. 7 Signature pate , 1 'Printed Name._ i r Executed at p —_ , Santa Ana, California i Signature Date Printed Name Executed at , Santa Ana, California i Affidavit Page g Santa A City Council 16—87 5/19/2026 EXHIBIT 2 ANNUAL TENANT RECERTIFICATION i i 1 1 r City Council 16 — 88 5/19/2026 EXHIBIT 2 ANNUAL TENANT RECERTIFICATION CITY OF SANTA ANA AFFORDABLE RENTAL HOUSING PROGRAM Date: Tenant Name: Unit Address: Dear In accordance with the requirements imposed by the City of Santa Ana (City), and your lease, the City requires that we review your income and family composition every year. To complete our review, the Property Owner or Property Manager will set up a meeting with you to receive the necessary information. When you attend the meeting with the Property Owner or Property Manager you must bring documents that verify the income of all the adult members of your household. This information can include income tax returns, employment verification, wage statements, interest statements, and/or unemployment compensation statements. Cooperation with the recertification requirement is a condition of continuing tenancy in an Inclusionary Unit. You must report the required information to enable the Property Owner to process the recertification by Moryth/Day. Sincerely, Property Manager/ Property Owner Annual Tenant Recertification Form Page 1 Santa Ana, California August 8,2014 City Council 16 —89 5/19/2026 I EXHIBIT 2 3 3 1 EXHIBIT D ANNUAL RENTAL HOUSING COMPLIANCE REPORT i i 1 i t t I jI i I i City Council 16 — 90 5/19/2026 i E I T2 Jj CL a w 8 � w LLI z o°'c T dp dp 4 49 a a M £ in tl 7J} U 9i .13 m _ M E v 1 o 19 og b a a ! rrF City Cow 41 a 1-1-1,71911 5 1 12 2 i E EXHIBIT 2 I F EXHIBITE STATE RHAP AGREEMENT i E I I 1 1 i City Council 16 — 92 5/19/2026 i i EXHIBIT 2 STATE OF CALIFORNIA•IDEPARTMEW OF GENERAL SERVICES STANDARD AGRISIMINT AGMEMENTNUMEEER PURCHASING AUTHORITY NUMBER(if Applirabie) STD 213(Rev.0312019) 20-HHAP-00019 1.This Agreement Is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Business,Consumer Servicos,and Housing Agency CONTRACTOR NAME City of Santa Ana 2.The teen of Oils Agreement is: START DATE Upon BUSH Approval THAOUGH END DATE 06/30/2025 3.The maximum amount of this Agreement Is: $8,422,1E2.84 4. a part as agree to comp yw th the teams and conditions of the fallowing;—AIGIts,which are by tiyls reference rYsad4 a part oYt greement, Exhibits Title Pages gxhibit A Scope of Work Exhibit R Budget Detail and payment Provisions 7-11 Exhibit C Homeless Coordinating and Financing Courlcil Terms and Conditions 12-21 * Exhibit D Special Terms and Conditions 22 Fxhlbit E* General Terms and Conditions1-71 23 temss own w t r rrrr raster OR Q ,errs ere y nco rp r)f ated by re erancs an 3 rrr aTe part rj this agtemerrtas a ac a rr fe a. Thesedocumentscan:bevFhwedat f d L u IN WITNESS WHEREOF,MISAOREEMENTHAS BEEN EXECIJTEDAYTHEpARTIE5HEiT . CONTRACtOR CONTRACTOR NAME;{if other than an lndlvklual,state whether a corporation,partnership,etc) City of Santa Aria CONTTIACM RUSINIM ADOWS My STATE: ZIP 20 Civic Center Plaza M-25 Santa Ana CA 92701 PRINTED NAME DF PERSON SIGNING TIIi E Steven A.Mendoza CIA Executive Director CONTRACTOR AUTHOR)2EDSIGNATURE DATESIGNOD City Council 16 _ 93 5/1 9 Apd aft EXHIBIT 2 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SWCE5 STANDARD AGREEMENT AGREEMENTNUMBER PuR[HASINGAItrHORITY NUMBER{4fApplfeablc} STD 213(Rev.0312019) 2Q-HHAP-00019 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services,and Housing Agency CONTRACnNGAGENCYADDRESS _----- CITY STATE ZIP 915 Capitol Mall,Suite 350A Sacramento CA 95814 PAINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ram(rea Secretary CONTRACTING AGENCY AUTHORI GNATURE DATE SIGN CALIFORNIA DEPARTMENT bF AWML SERWCESAPPROVAL EXEMPTION(If Applkable} City Council 16 —94 511 WA&2 i EXHIBIT 2 CIty of Santa Arta 20-HHAP-00010 Pagel of 23 Womelless blousing,Assistance and Prevention E Standard Agreement EXHIBIT A SCOPE OF WORK , E � I The State of California has established the Homeless Housing, Assistance, and Prevontion Program CHHAP" or "Program- or "grartr) pursuant to Chapter 6 (commencing with Section 60216) of part 1 of Divlslon 21 of the Health and Saft € Code. (Added Icy taks.2019, c, 160(A,13. 101), 10, off.July 81, 2019.) F The program Is administered by the CalUbmia Homeless Coordinating and Financing Council Mouncil") In the Buslness, Consumer Services and Housing Agenoy ("Agency"). HHAP provides one-time flexible bloats grant funds to r ontlnuums of care, large oitles(population of 300,000)and counties as deflnod In the December 13,201 g HHAP Notice of Funding Availability ("NOW) to support regior l coordination and expand or develop local capacity to address Immediate homelessness challenges Informed by a best-praollces framework fooused 0"Moving homeless Individuals and families Into permanent houaing and supporting the efforts of those individuals and families to maintain their permanent housing, This Standard Agreement along with all Its exhibits Cftrasrnenir) is entered Into by the Agency and a cOntinuurn of care,a city,or a county CGrantee")under the authority of, and In furtherance of the purposs of, the Program, In signing this Agreement and ! thereby accepting this award of funds, the Grantee agrees to comply with the terms ' and conditions of the Agreement, the NOFA under which the Grantee applied, the ropmaentations contained In the Grantee's application, and the requirements of the authority cited above, 2. ose The general purpose of the program is to provldo one-time black grant funding to Aupport reglonai coordination, and to expand or develop local Waalty to address Immediate .homelessness challenges, Actiivitles will be Informed by a best-practices i framework focused on moving homeless Individuals and families Into permanent housing and supporting the efforts of those Individuals And families to maintain thoir Permanent housing. In accordance with the authority cited above, an application was created and submitted by the Grantee€ar HHAP funds to be allocated for eligible uses � as stated In Health and Safety Code seatlnn 60219,,subdivision(o)(1)—(0). 1 I i i Homeless Housing,AnIstanca and Proventlan Program NOFA Date.,Dommber g,2010 City Council 16 — 95 5/19/2026 f EXHIBIT 2 City of Santa Ana 20-HNAP-00010 Page 2 of 23 - 3 Homeless Dousing,Assistance and Prevention Standard Agreement f EXHIBIT A SCOPIN OF WORK i The following HHAP program terms are defined In accordance with Homith and i Salfsty Code section 80216,subdivisions (a)—(q); (a)"Ageney"means the Business, Consumer Services and Mousing Agency, (b)"Applicant"means a continuum of cars, city, or county, (c)"City" means a a or of and oocr that le le I � tY ga iy Ina rparated to provide local government sarvlces to its population.A city can be organind either under the general laws of this state or under a charter adopted by the local voters. (d)"Continuum of care"means the some as defined by the United States Department f of Mousing and Urban Development at Section 673,3 of Title 24 of the Code of Federal Regulation% (0)"Coordinated Entry System" means a centrolized or coordinated process developed pursuant to Section 573.7 of Titlo 24 of the Codo of Federal Regulations, as that section react on January 10, 2019, designed to coordinate homelessness program participant Intake, assessment, and provision of referrals. In order to satl* this subdlvlsion, a centralized or coordinoted assessment system shall raver the i geographic area, be easily accessed by Indlvlduois and families seeking housing or services, be well advertised, and Include a comprehensive and standardized assessment tool. ( "Council" moans the Homeless Coordinating and Financing Counoll created ! pursuant to Sectlon 8267 of the Walfare and Inatitutions Cede. ' f (9)"Emergency mergency shelter"has the some meaning as defined In subdivision(e)erf Section ! �p301. i (h)"Homeless" has the some meaning as defined In Section 673.3 of'Title 24 of the Cade of Federal Regulations, as that section read on January 10, 2019. I i i (1)"Nameless Management Information System" means the Information system dosignated by a oantlnuum of care to comply with federal reporting requirements as defined In Sootionl 578.3 of Title 24 of the Code of Federal Regulations. The term � "Homeless Management Information System"also lnoludss the use of in comparable Homeless Housing,Asststanca and Prevontlon Program I NOFA tuts.Macomber 6,2019 i City Council 16—96 5119/2026 i 3 EXHIBIT 2 i i Qy of Santa Ana � 20-HHAP-00010 Page 3 of 23 Homeless Housin;gy Assistance and Prevention Standard Agreement EXHIBIT A SCOPE Chi'WORK diatabsse Icy a VIMIm services provider or legal servIces provider that Is permitted by the federal government sender Part 676 of Title 24 of the Cade of Federal Regulations, , 0)"Homeless Point-In-time count" means the 2019 homeless point-in-time count pursuant to Section 670.3 of Title 24 of the Code of Federal Regulations,Ajurisdiction I may oiect to Instead use their 2017 point-In tIme count If they can demonstrate that a I al,gnfficant methodology change occurred between the 2017 and 2010 point4nrtime counts that was based on an attempt to more closely align the count with HUD best practices and undertaken In consultation with HUD representatives.A Jurladlotlan shell � submit doournentation of this to the agenoy by the Mate by which HUD's certification I of the 2010 homeless pnintwlMIme count is finalized. The agency shall review and approve or deny a request desoribed In the previous sentence along with a f urladictlon's application for homaiessa funding. § f (k)"Nameless youth" means an unaccompanied youth between 12 and 24 years of � age, Inclusive, who Is experiencing homelessness, as defined In subsection (2) of Section 72E.of the federal McKinney-Vento Homeless Assistance Act(42 U.S.C.Sao, 11434a(2)). "Homeless youth" Includes unaccompanied youth who are pregnant or � parenting. i l (1)"Housing FlrsC has the same meaning as in Section 8255 of the Welfare and Institutions Code, Including all of the core components listen therein. (m)"Jurisdiction"means a city, city that Is also m county, County, or continuum of care, as defined In this eaction. (m)"Jurisdiction"means a city,city that Is also a county, county, or continuum of care, as defined in this section. (n)"Navigation center" means a Housing First, low-bonier, service-enrtched shelter focused on moving homeless Individuals and familles Into permAnent housing that provides ternporary living facilities while case managers connect Indlvldualsa experiencilho homelessness to Income, public benefits, .health services, shelter, and i housing i (v)"Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. i i J Homeless Housing,Assistance and prevention Progmm I NAFA Dole:December g,2019 € City Council 16-- 97 5/19/2026 EXHIBIT 2 City of Santa Ana � I 20-IiHAP-00019 Page 4 of 23 Homeless Housing,Assistance and Prevention Standard Agreement EXHIBIT A SCOFF OF WORK (p)"Program allocation" means the portion of program funds available to expend or develop local capacity to address Imrnedlato homelessness challenges,In the amount of six hundred fifty million dollars(W0,000,000). W "ReciplonC means a Jurisdiction that re lees funds from the agency for the purposes of the program. Additional definitions for the purposes of the HHAP program: s "Obligate" means that the Grantee has placed orders, awarded coontmots, received � services, or entered Into similar transactions that require payment using HHAP funding. Grantees, and the subradpients who recelve awards from those Grantees, .must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended"means all HHAP funds obligated under contract or subcontract have been fully paid and recelpted, end no Invoices romain outstanding. In the case of an award � made through subcontracting, subcontractors are required to obllgeta the funds by the serve statutory deadlines. "Grantee".means the continuum of care, city, or county that has entered Into contract 1 wth the Business, Consumer Sorvices and Housing Agency and Is receiving HHAP funding, 4. ftMrlt The Scope of Work("Work")for this Agreement shall Include uses that are consistent with Health and Safety Code section 60219, subdivision (c)(1) —(0), and any other applicable laws. Eligible uses Include the following: A. Dental assistance and rapid rehousing. 1 8, Operating subsidies In now and existing affordable or supportive housing units, � amergenoy shelters, and navigation centers. Operating subsidies may Include operating reserves. Q Incentives to iandlor:18, Including, but not limited to, security deposits and holding fens. i De Outreach and coordination,which may include access to Jab programs, to assist i vulnerable populations in socesalng permanent housing and to promote housing stability In supportive housing. Homeless Houalno,Aselatance and Prevention Program NOFA!~Tate.December 0,2019 I I City Council 16— 98 5/19/2026 � I I I EXHIBIT 2 City of Santa Anse 0-HHAP-DO01 g Page 6 of 23 � 1 = Homeless Housing,Assistance and Prevention Standard Agreement EXHISIT A4 SCOPE OF WORK � f . Systems support for activities necessary to crenate regional partnerships and I maintain a homeless services and housing delivery system, particularly for i vulnerable populations Inoluding families and homeless youth, 3 F. Delivery of permanent housing and innovative housing solutions such as hotel and � motel conversions. G. Prevention and shelter diversion to Permanent housslrlg< H. New navigation canters and emergency ssheitem based on demonstrated need, Demonstrated need for purposes of this paragraph shall be based on the`Peliowing: I. The number of available shelter beds In the city, county, or region served by a rontlnuu m of oars. 11. Shelter vacanay rats In the summer and winter months. 111. Percentage of exits from emergency shelters to permanent housing solutions, � Iv. A playa to connect residents to permanent housing. � or The Agency's Contract Coordinator for this Agreement is the Counall's HHAP Grant Manager or the Brent Managers designee. Unless otherwise Instrucled, any notioe, report, or other communication mquiring an original Grantee signature for this Agreement shall be mailed to tho Ageney Contract Coordinator. If there are opportunities to send Information electronically,TUrantess will be notified vial email by j the HHAP Grant Manager or the Grant Managers designee. � 'rho Representatives during the terra of this Agreement will be; PROGRAM GRANTEE � ENTITY: Hu01ne0s 0onaumer801Vlaesand City of I-Iouing Agency Santa Arta IIw TI ?IUNITi Hamelose CoordlnatirrM and Financing ADDRESS: 915 08001 Mail suite 360 A ��!;<0I o rater Pima M- 9eemmento,OA QUOU Y Aanta Ana,CA 02701 ti CONT CT MANAGER Amber0strander 'ram Eoam �W 2044 AP-00019 I PHONE NUMBER,. 714.647 7s e.Ywxa..wwny.y..�wYxYax 1 IMAII.,ADC7►RESS: Ambi4r.ostmrtdor@hwh.on.gov 'reggerel ea,rteenw,or € 1 Hmalaaa Housing,Avoletenoa and Pmentian grogram NO FA Data;Dooembor 0,2019 i City Council. ..__.. 16 ^ 99, 5/19/2026 E i EXHIBIT 2 r City of Santa Ana 20-HHAP-0001 g Page 0 of 23 HOMoless Hrausing,Assistance and Prevention j Standard Agreemont EXHIBIT A SCOPE OF WOK All requests to update the Grantee Infontatlon listed Wlthln this Agreement shall be ernalled to the Hornoleas Coordinating and Flnenoing ouncil's general email box at h&ft hj. &, The Council Memos the right to change their repreflentative and/or contact Information at any tImo with notice to the Granteo. Nftdvailft- Amof agreement � A. Thle Agreement Is effective upon approval by the Agency (indicated by the sfgnature provided by Agency In the lower loft section of page ore, Standard Agreement, STD, 213), when slgned by all parties. S. Contractual Obligation: * Grantees that are countles must contractually obligate 100 percarit of their full program allocations on or before May 31j 2023, + Orantees.that are cities or continuums of dire roust contractually obligate no less than 60 percont of program allocations on or before May 31e 2023, Cities or continuums of care that contraotually obligate leas than 60 peroant or program allnoatlons after May$1,2023 are oubrject to an alternative ciisburs,ernent plan me required under(Health&«safety Code, §50220, subdivislon (a)(4)(B), C. Full Expenditure of I•IHAP Grant Funds +� All HHAP grant fends(100 percei nt)must be expondedd by June 30,2020.Any funds not expended by that data shall revert to the General Fund. (Health & Safdty Code, §60220, aubdivlslcn(e).) 7. ftfiglaijggtidjagna Agency reserves the right to add any special conditions to this Agreement It deems neoeasary to ensure that the goals of the Program ara ac hleved. Homeless Menacing,assistance and Prevention Program NOFA Date:December g,2010 i City Council 16-- 100 5/19/2026 i EXHIBIT 2 City of Santa Arta 20-HHAP-00019 � Page 7 of 23 Homeless Housing,Assistance and Preventlon Standard Agreement WRIT 0 BUDGET DETAIL AND PAYMENT PROVISIONS The Grantee agrees that HHAP funds shall be expended on uses that support regional � coordination and expand or develop local oaPaokty io address Immediate homelessness challenges, Such activitles must be Informed by a beet-practlaes frarnework focused on moving homeless Individuals and %milles Into permanent housing and supporting the efforts of khose Individuals and families to maintain their Permanent housing. The Grantee shall expand HHAP funds on eligible activities as detalled in the annual budget submitted-with the grantee's approved application. Tho grantee shall submit an updated budget with the annual mport that revises and reports all aotudl and protected expenditures of HHAP funds. Changes may be made to the timing (e.g., fiscal year) of eligible use expenditures without prior approval by the Agency so long as the total expenditures (actual and protected)for each ellglble use category rramaln the some as described In the budget approved with tho grantee's application. Any decrease or Increase to the total expenditures for any eligible use category mast otherwise be approved by the � Council's HHAP Grant Manager or hielher designee, In wilting, before the grantee may expand HHAP funds aoccrdirg to an alternative budget. The HHAP Grant Manager will respond to grantee with approval or denlal of request. Failure to obtain written approval from the Grant Manager or his/her designee as re4uirad by this 600tlon may be considered a breach of this Agreement. I I 2. oflogral C Drys P ijime.M12ritr ! All grantees must submit the fbilowing forms prior to HHAP funds being released; A. Request for Funds Forms(RFF) a 8. STD 293 Standard Agreement w 2 original copies of the sign®d STD 213 form and Initialed Exhibits A through E. i C. gate Use Agreement (contlnuurns of care and counties that accepted redirocted funding from a continuum Of care See Exhibit D for relovant Special Terms and Conditions) Homeless Housing,Assistance and F�wavantlan Program NOFA mate.,December B,2019 City Council 16— 101 5/19/2026 i I EXHIBIT 2 CRY of$onto Ana 20- .F FI P-00010 Page 8 of 23 Nameless Housing, Assistance and Prevention Standard Agreement EXHIBIT 0 SUDGET DETAIL AND IPAYMONT PROVISIONS i HHAP fonds will be disbursed to the Grantee upon reoeipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General 1 Services (DGS) and the State Controller's Oflll ($06), Onoe Agency receives, i reviews, and signs Gaff on the completed documents, the documents will be seat to � DGS for review. Once DGS review is completed,documents will beforwerded to SCO � for final review and fund disbursement, The RFF must Jrioiude the proposed eligible uses and the amount of funds proposed ffor oxpendiiture under each eligible use. � HHAP funds will be disbursed in a single allocation via rnalfed oheck once the RFF has been received by the SOO. Checks YAII be malted to the address and oontact name Ilatod on the RFF. 4. riltu ,4 Specific requirements and deadlines for contractually obligating and expanding � awarded funds era set forth In the Homeless Houaing, Asslatence, and Prevention € Program etetutes. Wealth and Safety Code sections 50218, 60210, and 60220 mandate the followlcg: A. Up to 8 percent of the HHAP allocation.maybe expended forthe fotlowing uses that are intended to meet federal requirements for housing fUhding: (1) Strategic homelessness plan, as defined In section 673.7(o) of Title 24 of the Code of Federal l egulatiorrs; andlor (2) Infrastruoture development to support coordinated entry systems and Homeless Management Information Symms. S. No more then 7 percent of the HHAP allocation may be used for ll � administrative costs Incurred by the Grantee, C. At least 8 percent of the HHAP allocation shall be used to establish or expand servlces for homeless youth populations. I C. Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP funds by May 31, 2023. If less than 50 percent Is obligaW after May 31, 2023, continuums of care and cities shall not expand any remaining portion of the S0 percent of program allocations required to have been obligated unless and untll both of the following occur; � I Homeless Housing,Asaistanae and Prevention Program NOFA mete:Decorrrber,0,20110 City Council 16— 102 5/19/2026 EXHIBIT 2 I. City Of Banta Ana 20-HHAP-ODO1 D Page g of 23 Homeless Housing,ASSIStanos and Prevention Standard Agreement SXHIBIT B BUDGET 09TAIL.AND PAYMENT PROVISIONS (1) On or here June so, 2023, the Grantee submits an alternative � ftbursement faun to Agency that Inolud+es an explanation for the delay and a plan to fully expand these funds by December 31, 2023, (2)Agency approves the alternative dlsbursement plan. j If the funds identified In the approved altarnative disbursement plan are not '1 fully expanded by December 31, 2023, the funds shall he returned to I Agency. E, grantees that are counties shall' contractually obligate the full allocation (100 Percent) awarded to them by May 31, 202 ,Any funds that are not � contractually obligated by this date shall be reverted to the continuum of � WO that serves the county.Bpeclflc to Los Angeles County,funds that are net contractually obligated by this date shall be divided proportionately using the HFIAP funding allocation ffcrMula among the four Coos that serve Los Angeles Courity. City of Glendale CoC, City of Pasadena CoC, the City of , I Long Beach CoC, ,and the Lou Angeles Homeless Borvlces Authority, Counties not obligating their full program allocation by May 31, 2023 are required to notify Agency on or before that date, of the narrre of the COO(s) In Which the county is served, and the amount of program funds that will be reverted to the CoC(s), By June,30,2023,thecounty shall provide Agency wM evidence that the funds were transferred and subrrrlt an updated budget that clearly Identifies the funds that wore transferrod, F, All HHAP funds shall be expended by June 30, 2026. . Any funds not expended by June 30, 2025 shall avert to the General Fund. HHAP program funds should not generally be obligated or expended prior to the I effective date of this Agreement, However,Agency acknowledges that there may be c 1rournstanr s that would require reimbursement In order to prevent or address t homelessness in a given Judedlction. When considering a reimbursement, the following requirements are applicable; i A. Reimbursement Is not permitted for activities occurring prior to July 1,201g. I i Homeless Focusing,Assistance and Prevention Program � NOFA Date:Decembor 0, 2019 I City Council 16— 103 51191202E I EXHIBIT 2 i City of Santa Ann 20-HHAP-0001 g Page 10 of 23 � Homeless Housing,Assistance and Pmvention Standard Agroament XHISIT 8 BUDGET 09TAIL AND PAYMSNT PROVISIONS 13. Reimbursement shall not supplant existfng I0081.funds for homeless housing, assistance, or prevention. C. Approval from HCFC must be obtained prior to obtaining reimbursement. D. Capital Improvement projects pertaining to emergency shelters and navigation l cantors are still required to demonstrate need. Eligible applicants are required f to submit the following Information for HCFC to revlow and approve or decry j such prajeats. i (1)The number of available shelter beds In the JudsdIattion; (2)The shelter vacanoy rate In the summer and winter months, s (8)The pementage of exits from emergency shelters to permanent Dousing solutions; and (4)A plan to connect residents to permanent housing. � �, nel6 HHAP funds shall not be used for costs associated with activities in violation of any low or for any,aLlIvities not consistent with the Intent ref-tire Program and the eligible uses identified In Health and Safety Cade sections 60218 and 30210. Agency reservers the right to request additional clarifying Information to determine the masonablenese and eligibility of all uses of the funds mode available by this Agreement. If the Grantee or its Nnded subreclpients use HHAP funds to pay � for Ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreament, or by wrltteh approval of the Grant i rrager or his/her designee,or whiloh cannot be adequately documented, ; shall be disallowed and gust W reimbursed to Agency by the Grantee. Agency,at Its sole and absolute discretion, shall make tho final determination regarding the r'+allowability of HHAP fund expenditures. Program funds shall not be used to supplant oxistIng local funds for homeless Dousing,assistance,or preverdlon. , I I Homeless Housing,Assistance and Prevention Program r OPA rate:December 0,2419 City Council 16 — 104 5/19/2026 i EXHIBIT 2 I City of Santa Ana i 20-HHAP 00010 Page 19 of 23 � Homeless HOuaing,Assistance and Prevention Standard Avreement I i The Grantee MU$t Comply with Health and Saf* Code section 50210, subdivision (e), whloh limits the Grantee's administrative costs to no mare then 7 percent of total HMAP funds reasived, For purposes of this requirem9nt, "administrative caste"does not Include staff or other oosts direotly relatted to Implementing activitles funded by the � Program alloce[ion. i i I I I J i i Homeless Housing,Assistance and Preventfan Program NOFA bate;December B,2019 i City Council 16 — 105 5/19/2026 } EXHIBIT 2 City of Santa Anal 20-HHAP-00019 Page 12 of 23 i i 1 Homeless Housing,Assistance and Prsevenflon Standard Agreement EXHIBIT C NOMEL986 COORDINATING AND FINANCING bOUNCIL TERMS,AND E CONDITIONS I„ s inn i i A. Tormine0on of Agreement a Agency may terminate this Agreement at any time for causes by giving a minimum ' of 14 days' notioe of termination, In writing, to the grantee. Cause shall consist j of violations of eny conditions of this Agreement, any breach of contract as described � In pgUIMM2U of this Exhibit C;violation of any federal or state lom or withdrawal of Agenoy's uponditur'e authority. Upon termination of this Agreement, unless othorwiss approved In writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days of Agency's notice of terminatlon, 8. Sufficiency of Funds This Agreement is valid and Oftforoeabis only If sufficient funds are made available to Aganoy by legislative appropriation, In additlon, thls Agreement is subjaot to any additional restrictions, limitations or conditions, or ststutss, regulations or any other lows,whether federal or those of tha State of California, or of any agency,department, f or any politicei subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. SNP Grantee may not transfer orasslgn by subcontract or novatlon,or by any other means, the rights, duties, or, performance of this AgMernent or any park thorrea t except with the prior written approval of Agency and a formal amendment to this.Agreement to af"such aubcontraot or novation. f 121049120 WE fWaft Grantee has submitted to Agency an application for HHAP hands to support regional coordinagon and expend or develop focal ctapaolfy io address its Immediate homelessness chrallonages.Agonoy Is ordering Into this Aorreernent on the basis of,and in substantial reliance upon, Grantee's facts, lrrformastlon, assertions and reprosentatione contained In that application, and in any subsequent modifications or additions thereto approved by Agency. The appIloation and any approved � modifications and additIM thereto are hereby incorporated into this Agroornent. � Homeless Hoaaaing,Assistaanoe and Proventlon Program NOFA Date:December 0,2019 � f City Council 16 — 106 5/19/2026 EXHIBIT 2 City of Santa Ana 20-HHAP-00010 Page 13 of 23 Homeless Housings Assistance and prevention Standard Agreement EXHIBIT C HOME M COORDINATING AND FINANCING COUNCIL TIRRIVIS AND � CONDITIONS grantee warrants that all Information,facts, assertions and Wr®ssntation contained ! In the application and approved modifications and additions thereto are true, ccarreot, and oomplets to the heat of Grantee's knowledge. In the,went that any part of the � applicatlon and any approved r dification and additlon thereto is untrue, Incorreot, Incomplete, or misleading In such a m annor that would substantially affect Agency approval, disbursement, or monitoring of the funding and thre grants or aotivitles governed by this Agreement, then Agency may-declare a breach of this Agreement � and take such stollon or pursue such remedies as are legally available, j 4. l*eaa►dlIjgLAMM. A. Annual Report Deadlines � i By January 1, 2021, and annually an that date thereafter until all funds have been expended,the Grantee shall submit an annual report to Agency In a format provided � icy Agency. If the Grantee falls to provide such documentation,Agency may recaptcrrs any portion of the amount autl cri r d by .this Agreement with a 14Wday written � notif cation. No later than January 1, 2026, the Grantae shall submit a final report, in a format provided b t 1 p Y Agency, as well as a detailed explanation cf all uses of the � Program funds. I M Reporting Requireimenta The annual report shall contain detalled InfOrmatton in accordance with Health and Safety Code so(Alon 60221, subdlvlelon(a).Thls information Includes the following,as well as any additional Inrormatlon deemed appropriate or necessary by Agency. #� I. An ong oing tracking of the Specific uses and expenditures of any Program funds broken out by eligible uses listed, including the current staters of those E funds. 2. The number of homeless Individuals served by the Program funds In that year, and a total number served In all years of the Program. as well as the homeless I populations nerved, i 3. The i types of housing assistance provided, broken out by the number of � Individuals, Homereaa Housing,Assiatence and Prevention Program NOFA Dote:December B,2019 i City Council 16 — 107 5/19/2026 i EXHIBIT 2 City of Santa Ana ' 20-HHAP-00019 Page 14 of 23 Homeless Housino,Assistanoo and Prevention 1 Standard Agreemont WHIT C � HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS 4, Outcome data for an Individual served through Program funds, Including the j type of housing that an Individual exited to, the percent of sucoassful housing exits, and exit types for urmuemseful housing exits. In addition to the annual repods, Agency requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each ffovel quarter. Grantee shall submit a report to the agency on a foam and method provide by the � agency, that Includes the ongoing traaking of the apscifto uses and expenditures of any program funds broken out by eligible users listed, Including the current status of those funds, as well as erry additional Information the agency deems appropriate or � necessary. ; Agency may require additional supplemental reporting with written notice to the Grantoov C. Auditing Agency reserves the right to parlbrm or cause to be performed a financial audlL At i Agency request, tho Grantee shall provide, at Its own expense, a financial audit I propered by a certified public aocountent. HHAP administrative fends may be used to fund this expense. 1. If a financial audit Is required by Agency, the audit shall ba perlbrrnod by an Independent derti9ed public accountard, Z The grantee shall natIfyAgencyofthe auditors name and address Immediately after the selection has been made.The contract forthe audit shall allow access I by Agency to the Independent auditoes working papars. 3, The Grantee Is responsible for the completion of audits and all oosts of preparing audits. 4. If there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit findirng within 90 days from tho date of the audit finding report. I � I A, Record inspection � The Grantee agrees that Agency or Its designee shall have the right to review,obtaln, and copy all records and supporting+dacurnentatlon pertaining t6 performance under � I this Agreement. The grantee agrees to provide Agency, or Its deeIgnee,with any Homeless Housing,Asargtance and Prevention Program NAF'A Late;Deeamber c,2010 _ 1 City Council 16— 108 5/19/2026 i i EXHIBIT 2 Clty of Santa Ann 20-HHAP-00019 Page 16 of 23 j Homeless HousinO,Assistance and Prevention i Standard Agreement k EXHIBIT C HOMELESS COORIDINATING AND FINANCING COUNCIL'i`ERM AND � CONDITIONS relevant Information roquosted. The Grantee egress to give Agency or its designee E access tO its premises,upon reasonable notice and during normal business hours for the purpose of interviewing errrnployeee who might reasonably have Infoormailon misted to such records,and of Inspecting and copying such trucks,Words,accounts, and other materials that may be relevant to are Investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP program guidance dovument published on the webalte, and this Agreement, Br Record Retention The Grantee further agrees to retain all records described In gUhRprggMpL4 for a Minimum period of five(6)years after the termination of this Agreement. I If any litigation, claim, negotlatlon, audit, monitoring, Inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise Irom it. 6. §M&oh and R(lingdIgg A. Breach of Agreement breach of this Agreement-Includes, but to not limited to,the follo►dng even: 1. Grantee's failure to comply with the temps or conditions of this Agreement. 2, Use of, or pornniffing the use of, HHAP funds provided under this Agreement for any ineligible activities. f 3. Any failure to comply with tho deadlines set forth In this Agreement. 13. Remedies for Breach of Agreement In addition to any other remedies that may be available to Agency In law or equity for bresoh of this Agreement,Agency may: i I. gar the grantee from applying for future HHAP funds; 2. Revoke any other existing HHAP award(s)to the Grantee; 3. Require the return of any unexpended HHAP funds disburead under this Agreement; 4. Ragtilra repayment of HIAAP funds disbursed and expended under this I Agreement; i E ! Homeless Housing,Assletenee and Prevention Program NOFA Date:December 6,201€1 City Council 16— 109 5/19/2026 I i EXHIBIT 2 City of Santa Rena 0-111HAP-00019 1 page 1 a Of 23 � Homeless Housing,Assistance and Prevention Standard AgreemontEXHIBIT C e I HOMEL888 COORDINATING AND FINANCING COUNCIL TERMS AND � C NDITION8 S. Require the Immediate return to Agency of all funds derived from the use of � HHAP finds Including, but not limited to, recaptured funds and returned � funds;and g. Seek, In a court of competent jurisdiction, an order for spealito performance of the deraulted obligation or the appointment of a receiver to complate the technical assistan66 In accordance with HHAP requirements. C. All remedies available to Agency are ournulative and not exclusive. , Agency may givewritten notice to the Grantee to cure the breach orviolatlon whirr a period of nDt lees than 16 days. No waiver of any breach of this Agreement shall be hold to be a waWr of any prior or subsequent breach.The failure of Agency to enfome at any time the provisions of this Agreement, or to require at any time, perrorrnance by the Grantee of these provlsiorm, i shall to no way bo construed to be a waiver of such provisions nor to afl'eat the validity of this Agreement or the right of Agency to enforce these provisions. a= 11 gR°-lirt,Lotion._ During the performance of this Agreement, Grantee and Its oubreelple►nts shall not unlawfully discriminate, harass, or allow harassment against any employee or appiloant for employment because of sex(gender),sexual orientation,gender Identity, gender expression, race, color, ancestry, religion, creed, national origin (Including � language arse restriction), pregnancy, phyaloal disability (including HIV and AIDS), j mental disability, medioai condition (cancer/genetic charsoteriatics), ago (over ), genotle Information, marital status, military and veteran status, and dental of medical and family care leave or pregnancy disability leave. Grantees and subGrantess shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such disadmInation and harassment. grantee and its subreciplents shall comply with the provisions of CalifornWa laws against discriminatory practices relating to spealllc groups: the California Fair Employment and blousing Act(r-EHA)(Goer. Code, § 12,200 at se%); the regulations promulgated thereunder(Cal. Code Rage„ tit, 2,§ 11000 of seq.); and-the provisions of Artlolo 0,15, � Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov, Cade, ff 11136 - 1113g.6). Grantee and Its eibrociplents shall give written notice of their obligations Homeless HeusIng,Asalstenoe and Preverdlon Program NOFA©ate:Docember 6,2010 City Council 16 — 110 5/19/2026 I EXHIBIT 2 City of Santa Ana 20-I"HAP-000lo Page 17 of 23 Homeless Housing,Assistanoo and Prevontivn Standard Atiroament EXHIBIT C HOMELESS COORDINATING AND PINANCING COUNCIL TERMS.AND CONDITIONS , under this clause to labor organl tlons with which they have a collectivo bargaining or other agreement. All Granteas are subject to state and federal 0onf#ict of Interest laws, For Instance, Health and Safety Code section Bo2jo, subdivlsicrrt (h) states, "For purposes of Sootion 1090 of the Government Code, a representative of a county serving on a board,committee, or body with the primary purpose of adminlatering funds or making funding recommendations for appilicatlons pursuant to this chapter shall have no flnanalal Interest In any contract, program, or projeot voted on by the board, committee,or body on the basis of the re0elpt of compensation for holding public office or public employment ea a representative of the county." Failure to comply with these laws, Including business and financial disclosure $ provlelons, will result In the application being rejected find any subsequent contract € being declared void. Other legal action may also be taken. Additional applicable etatutes include, but are not limited to, Government Cade section 1090 and Public Contract Coda sections 10410 and 10411. A. Current estate EmPloyess: No Mate officer or employee ahail engage In any employment, activity, or enterprise from which the officer or employee receives compensatlon or has a financial Interest and which is sponsored or funded by any State agency, unless the employment,activity, or enterprise Is required as a condition of regular Stato employment. No State officer or employee shall contract on his or her own behalf as an Independent Grantee with any State agency to provide .goods or servls. � S. Former State Employees: For the two-year period from the slate he or she left Mate � employment, no former Mate of€foer or employers may outer Into a contract in which he or she engaged In any of the negotiations, transactions, planning, arrangements, or any part of the decialon-making process relevant to the csoontrapt while employed In any capacity by any Mate agency. For the.twelve-month period from the date he or she left Mate employment, no former State officer or employee may eater into a contract with any Mate agency if he or she was employed by that Mate agency In a policy-making position In the same general subject area as the proposed contract � within the twelva- month period prior to his or her leaving State service, C. i � Hamelass Housing,Aeerstanae and Prevention Program NOFA Bets,December e,20ts City Council 16 — 111 5/19/2026 r EXHIBIT 2 k City of Santa Ana 20-HHAP-00019 Rage 18 of 23 Hornalass Housing,Assistance and Proventio►n Standard Agreament EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND � CCNPITION C. Employees of the Grantee: Employees of the Grantee shall comply with all i applicable provislons of law pertaining to conflicts of interest, Including but net limited f � to any applicable conflict of Interest provisions of thto a Political Reform Aot of 1074 (Gov. Cade, §81000 at seq.). D. Representatives of a County: A representative of a county serving on a board, committee,or body with the primary purpoee of administerhig funds or making funding � I reaommendatlons for applications pursuant to this chapter shall have no flnanolal E. Interest In any contract, program:,or project voted on by the board, committee, or body on the basis of the receipt of compensation for Folding public office or public f employment as a re.presentative of the county, i 10. pa"o.-Pim 1ftf� No.. f Certification ofCompliance: By signing this Agreement;, Grantee hereby certifies, under penalty of perjury under the laws of State of Califormia, that It and Its subreoiplents will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Codo, § 8300 at seq.)and have or will provide m drub free workpla by taking the foliowlrrg actions, i A. Publish a statement notifying employees and subreciplents that unlawful mtanufaaturs distribution, dispensation, possession, or use of a contmiled substance Is prohibited and specifying actions to be taken againbt employees, Grantees, or surbrecipients for violations, as required by Government Code section 8365, � subdivision(a)(1). i B. establish a Drug-Free Awareness Program, as required by Goveniment Code I section 8356, subdivision (a)( ) to Inform employees, Grantees, or subraolplents about all of the following: 1, The dangers of drug abuse In the workplace; 2. Grantee's polioy of maintaining a drug-free workplace; 8. Any available wunseling, rehabilltation, and employee assistanos program; { 4. Penalties that may be Imposed upon employees, grantees, and subroolplents � for drug abuse violations, j Homeless Housing,Aeeisloince and Prevention program i NOFA dote;December 0,2018 I City Council 16— 112 5/19/2026 f i i EXHIBIT CITY of Santa Ana � 20»HHAP-00019 � Page 19 of 23 I 3 Homeless Housing,Assistance and Prevention � Standard Agroornent I EXH1131 i.,C I HOMELESS COORDINATING AND FINANCING COUNCIL TERMS AND CONDITIONS C. Provide, as required by Government Code section 8366, subdivision (a)(3), that I � ovary employee and/or subreolpient that works under this Agreement, 1. Will receive a copy of grantee's drug-free policy statement,and 2. Will agree to abide by terms of Grantee's condition of employment or subcontract. "I'la See rk II For any Contract Agreement In excess of$100,000, the grantee acknowledges in � accordance with Public Contract Code 7110,that, A. The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of Information and compliance with earningas assignment orders, as provided In Chapter 3(commencing with section 6200)of!Mart 5 of Division 9 of the Family Code; and B. The grantee, to the best of Its knowledge is fully comPlYing with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development [department. 12. .e lsl: t o' r rrfeesl5 i e The grantee agrees to comply with all conditions of this Agreement Including the Special Conditions set forth In Exhibit D. These conditons shall be met to the safisfiaction of Agency prior to disbursement of funds. The Grantee shall ensure that ;all SubGranteas are made aware of and agree to comply'with all the conditions of this i Agreement and the applicable Smote requirements governing the use of HHAP funds. Failure to comply with these conditions may result In teimarination of this Agraernsnt. A. The Agreement between the grantee and any SubGrant+ee shall require the Grantee and Its SubCrantees, if any,to, 1. Perform the work In accordance with Federal, State and Local housing and building codes, as applicable. Homeless Housing,Assistanno and Prevention Program i NOFA fates December 0,2019 City Council 16— 113 5/19/2026 i i EXHIBIT 2 City of Santa Ana 20-HHAP-OOD1 g Page 20 of 23 Homeless Housing,.Assistance and Prevention I Standard Agreement EXHIBIT C HOMELESS COORDINATING AND FINANCING COUNCIL.TERMS AND CONDITIONS � i I 2. Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of It. 3. Maintain, as required by law, unemployment insurance, disability insurance, and llablilty Insurance in an amount that is reasonable to compensate any � person,firm or corporation who may be injured or damaged by the Grantee or any Subgrantes In parrorrning the Work or any part of It. 4. Agree to include all the terms of this Agreement In each subcontract. i t a ad Fads l L 9� C ra ie C iN ,+as.�nd ins The Grantee agrees to comply with all state and federal laws, rules and regulo#lone that pertain to construction, health and safty, labor, fair employment practices, environmental proteWon, equal opportunity, fair housing, and all other rrmtfers applicable and/or related to the HVIAP program,ttZe grantee, its s ubreciplents,and all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for perfor fining any activities under this Agroement,Including thOGG necessary to perform design, constructian, or operation and maintenance of the activities. Granten shall be responsible for observing. and complying with any � applioable federal,state, and local laws, rules or regulations affecting any such work, specifioally those including, but nest limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Agenoy upon request. 14« Ins leans i A. grantee shall Inspect arty work performed hereunder to ensure that the work is being and has been perforated In accordance with the applicable federal,state and/or local requirements, and this Agreement. B. Agency reserves the right to inspect any work performed hereunder to ensure that the work Is being and has been performed In accordance with the applicable federal, state and/or local requirements,and this Agreement. r C. grantee agrees to require that all work that is determined based on such Inspections not to conform to the applicable requirements be correated and to withhold payments to the subredpient until it Is corrected. l Homeless Housing,Assistance and Prevention Program NOFA Date:December 6,2019 City Council 16— 114 5/19/2026 G i 3 EXHIBIT 2 ' City of Santa Ana 20-HHAP-00010 Page 21 of 23 Homeloss Mousing,Assistance and Prevention Standard Agroement EXHIBIT C E HOMELESS COORDINATING AND FINANCING COUNCIL TERMS.AND � CONDITIONS Is. utlantion. i A. If any provision of this Agreement,or an underlying obligation, is held Invalid by a { court of competent judediction, such Invalidity, at the sole discrWion of Agency, shall not affect any other previsions of this Agreernant and the remainder of this Agreement shall remain In full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable, B. The Grantee shall notify Agency Immediately of any claim or action undertaken by or against It, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the Interests of Agency. I E i i � I i Homeless Housing,Assistance and Praventlon Program ' NOFA Date:December 6,2019 City Council 16 — 115 5/19/2026 i i i EXHIBIT 2 City of Santa Ana 2O•HHAP-00019 Page 22 of 23 Nameless Housing,Assistance and Prevention Standard Agreement { EXHIBIT D l SP15CIAL TERMS AND CONDITiONS 1. All proceeds from any Interest-bearing account established by the Grantee for the deposit of HHAP funds, along with any interest-bearing accounts opened by subrecipfents to they Grantee W the deposit of HHAP funds, must be used for I HHAP-eligible activities. 1 2. Arry housing-related activities funded with HHAP funds, including but not limited to emergency shelter, rapid-rehousing, rental assistance, transitional housfng and permanent supportive huusing,must be In compliance or otherwise aligned with the core components of Houaing First, pursuant to Welfre and Institutions Code section 8256,subdivision(b), 3. Grantee agrees to uttlize its local Homeleas Management Information System (HMIS)to track 1•IHAP-funded projects, services,and cllatnts served.Grantee will a ensure that HMIS+date.aro collected in accordance with applicable laws and in j such a way as to Identify individual projeats,servfoes,and clients that are 1 supported by HHAP funding(e.g„ by creating apprporlate HHAP-speclflo funding 1 sources and project codes In I-IMIS), 4. Grandee agrees to participate In the statewide data system or warehouse created by Agency to colleot lace data from California continuums of care through the HMIS, and Vgn any required data use agreements allowing Agency to acoess Grantee's HMIS data for that purpose. } U. If Grantee Is a continuum of care or a county that acdepted redirected funding from a continuum of cars, It shall review and execute a data use agroament no later then July 31,2020, In order to ensure oompliance with Health and Safety Code section 60219, subdivision(a)(7)and (10). Grantee's failure to timely execute a data use agreement will constitute a breach of this Agreement. In this event, SCSH, In Its sole and absolute discretion, may exercise any and all remedies permitted by this Agreement or by,applicable law. t Homeless Howing,Asslstanoo end Prevention Program NOF'A We;December e,2019 City Council 16 -- 116 5/19/2026 EXHIBIT 2 City of Santa Ana 20-HHAP-00019 Page 23 of 23 HOM01099 Housing,Assistance and Prevention Standard Awerrient EXHIBIT E GENERAL TERMS AND CONDITIONS This eXhIbit Is Incorporated by Wbrence.and made part of this agreement, This document can be viewed at the following link: D s&Q -of-Le at-tee Reso"r . -Li pt-Fg . ......... � 1 I , Homeless Housing,Assistance and Prevention Program NOFA Date:December OF 2019 City Council 16- 117 5/19/2026 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES EXHIBIT 2 'SIANOARD AGOEWNT AOI WRNTAQMO�f, 21-�HHAP-00:11... 010725 1,ThIs Agr"ment Is qnfereO Into bovQan the Cqnfractlng Agency and ihe.Cantra,-ctot no, odhelow: nA (WIIACON6 AUNtY NAME Buslness,Cansurn0r,Services and Housing Agepcj CONTRAaQR-NAW y of Szfnta Ana 2.The Wth Of IN Agredli ntts-, START OAf# Upon 90H'a proval FHAOL JGH[INP PATE 1 T-fid-.M. AAMUM arnount'-df this Aoreerne-nt I's. foll6wffio dxhlbits,whkh are lay th-Is feferenc�made p daft of the Agreement. Exhlbb Title P LA'S Uh,lbit A Scap�efWork Uilbit 13 Budget betall and Payment Provis(ons 4 �hlbft C ftholes4 n '�6uhdjTorm§Llod cond rog 4111d 00 �h.a- 41100P D-W P Uhlb, terms- =;m dorumeOv.0n be ykwed€t,t bttox.f—ww-wdas w1T0,Y-wHtAE5F-,,rHis.A6f?ttmtNrHAsypp1V.LtXECt)rFf)BY-THEIFAARTIES HERETO'. COMTkAETOR. Cfty of 5-10ta An4 (ONT1aA000 IJUMN65APORE S CITY sime ZIP 20 OvIc Center Naza Sain'ta Ana cA 92701 PVRS'QN SIGNING; 11TM S1:4vbh A.MiahOoza AsslAant City Manager e.0*mcrdk A OTI-101W MGNA-hik DATE-sIGNEDI City Council 5/19/2026 Page 1 of 2 ]LV IU: STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES _ _ STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev.0412020) 21-HHAP-0001 2 010725 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall,Suite 350-A Sacramento CA 95814 PRINTED NAMEOF PERSON SIGNING TITLE Lourdes Castro Ramirez Secretary CONTRACTING AGENCY AUTHORIZED 512 TURE DATE SIGNED J Jul 9,2021 Lour es Castro 11.171(Jul 9,202111-59 PDT) CALIFORNIA DEPARTMENTOF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) City Council 16 — 119 5/19/2026 Paqe 2 of 2 EXHIBIT 2 C1W of Unto Ana 21+1HAP-0OQ1'-2 paoi I. of 2,31 P1rq.VOnt1o.n.Pro.gr;jm RounO ,2.(HHAP4) roven OnR -iiU�m re. - -OWN.0 -0216 -0 -.10 W -056 OeWbO 0 0. P -d 6,�ih OOID+).6nd tout tics ag.defined IrtNOV to.build ... ........... -gAv . ........... 1". .................. d1b .01INNORY A on'the regldfl6l 000-rd1hattan Orbdted,thiwoh pwidui:HGFO- grant fun-ding apo .suppoKio'e,al jort8didtions fatheIr uniflod:rog.lonal(rosponsa G:radwe.and-wd i I M e[68s-nel�s, I TWIP-ftnd-ard Agreptnootdon'q With '. Rs...ex-hiNts!("Agra ,oMo .. Js- n y all tnt-a b. uum of C6tq, 0 -t, -("fir 00". th Ageifoy'and A bQuh V o hOer the h -OSOOf f 4 A rlearnerd sndlherpOy-acospi ward of fu o-O,the 0 gro .ronleara os1a con ip Mth,(hO'tarm�s-.and Wndf.tib.-hs. of t4e.-AgrOamaht- h t -d V. 6h t 0 NOFA th or h-1-, th-a.0rontea apoffod,-,the raproseritaffons�con't'61ned in tho�Qrantoo.Is Opolloatfiati,arid' flee::toqufremeht� df the:Wt.hority'ditod ab-Ove.. r The gon-Oral pflrpose. of tho.'Program-Is to .w- nOnVe to-,hultd.-on mglomal oar rdl-natilon dotil6pe.d.%roQ01) previo us rounds o fund[no.of.�tl)q F f penoyAld Program.(.Chapter$ (cam M eftdth-'g with S-e(Alott 60 2-1-D)),,the program "tablIshed under Ns chapter, and C-OAO-1D'fUhd:1rtg to This fuhdihg ,o .tfousto build rog lonal'001 tab or.atto,h,be,'fWoop-Oo nt!rtQum&-of care., counties, AM OR169 in A qMm eooloh, 'regardleaa,of popu'latiop, and ultimatelY'Op 4;4qd to .I devel6p a unlffbdreglan- ol response to 11=616ufts8. b) Ba paWod stratogloily with othor 10oal, state, and federal fundeprovi'ded to srs addro ,hpmel�v4ness In Qrdorto. Acjeve roaximm, fmp Ct,µgrantee§..of this, City Council 16 - 120 �,allAl T 2 no HHAF-GQOI 2 N,96 2 6.f.23 rldfric re e ce pmed: -h v J-0- .....,ra n ur -IQ raf no t JG -0- ..I.......... ftafea[v Uiea of K 11. . �..q - ... .......... wrin-aAfte.-C.- Ab � F OMI PUq §L.p - , &8 _e 0 to Th .0.1 ve a mt.to*n,I h ra h lrlye hi. t ro ap ft ljs h -pridt th ry pf , T'. 0 , b b jo -n* 'Osisto w 0 J t In apoordanpo With:the mmtl oNl y altod-above-,,or q tion.was c t allb'Mftied by th-4.Grantee for HHAP-2 fUhdg to,be-allocated fortillolble uses as statod-In HeWth and Safety 0-ode soo-flon 602-20A-.,gUbdMs1Oft Oil)—(A.). 011611'.01"no,H404 Ah 1A -_0 0M.-Of too.soft ,PrL.P. 4 ..de,. -Vt io'L OVhqLa, 244vlthar.�:i P,Ihtd, 91do or w .dor a__Qharfe., Wr�:pted:.b00_ 00al votem._ "Oonth UUMdf Garb" rr 000s.jho sarno a9d1of1nOd4yih-0,U Mod'votot: C FfOLISing and U ban. T tie,24 of ti Demplapment 1-4.3 of tfi Oml.q,oaf Ped-eral Repi IONS', -(6) "Codrdinated Entry-!Systom"'means-a ce.fitrarizedor coordinatedp dOvO.1O.pOd.OursOa,nt to S-Odtf, n Olky of Ule.-24 Of th a Oodoof Ndoim.[ko�.o-jAtto 0 . no(, _d.t.. . as that sectlo." ramo...0-0 Jamary,i Ori 20I.Q.,do programi-partfclpant intake dsseesme nt,and p. fgfah of r6f4rMls,_6 i)rdorto oafisf.y m M hd1lavor the this.suWv(slm,@ c.ewJkv trWd orc.oard-li pagraphl'o area;,..be#0811Y.ftGos.-�ed byindiViduu4sand familfas Seeking hous! Mg or seMoos-,be-woll md-ve mged,'-Md"friolUde.6. rOr-tt:pr6ft-Oh.sM§ and:st6nd-Od.I I Zed fiout, oon-Off,m-aaxls,ths FlOmetess Coordinatiriq and P'handlng Gaundll created it pur§u8th't'-to:Section'8257:of't.he Welfare-and Instit. (9.) "'Emergency she e'ha,,.th 410 esoame: momolho as o df . [heid In.swMAsIon. (a) of. sbation 50801 City Council 16- 121 5/19/2026 i I XHI IT 2 City a.. Santa As1 21wl HA.P.60012 '.ago.3 of 23 i b)."HOM010 %." has f he M m ni deff►ed ln. e i o C of Titr+a t,ffi ���'.': ��:1.��� �ir1����°�i�.h�:���` �` i�i�f�. �� i�� �•������1 i����'n'� �::. � ► . �� I�����d Ian �: e�flr��•;of, ar�ts�'�o� �Yu�rlt�fC����l�re�c��tt�g Ce��.rlre�'t'erat �;'�° fiite ,f . eotltr 'Ttlo, of 01of r= dl luliq 'fi`� • '�I-�orrr l MO.! M nt l,OfdrM0tle0 Y4% *0I hX.IUd _'0 0MAs.6 by4.4VC I i ; rc tld r 1 's rvi. .p vi a l ;it . uspoir � pt; Quilt' oc l � e, ur � � i ur. l� z .e tfo f 7�tl df t Dodo � ul� fio i A. i i'i .dlbttari W.Y.el 16.ln toad use thel'r 2g� '`f�r�4ril�tr�'tl16 odnt i tl y o r` d.empnotrato#het.a', gffln rtt Mi0110dolip9Y ohanga occurrod Ntwoo :the 017.arid, 2019 pt.irit in ti -me:dbuftts that +ra b; ecf on ��h.AOM'Ptto �tlt�ll° _10,� .alrgn:the oount u l i HVII) boot Vadoe acid uadartakon rn :incur rio is itr`, I: rpreentatfvs 11urlldrefon shall'submit.dooiamentiatfanof-this a tc ,argon la?y dato by.�ihloh PdiWS ca ifloadon.of the 2019, lhome[nst Potht t1'yAfto Wwt 15 ffnall ed. The-ogaitoycleft:review.and approve.or.dony °re ties de crib d`lr�th.e pro vibua- entenioa a.lbog Wtl1 a judo dreticWtappllo-atfon fib r ho[hplo 4�r��r. (k)"'Homa'less•y uth" means on,unac in gamed youth betw"an 1 and 2�years,of � lnol'�r lve=.who l: ex��&nalno i�amel'essness, as d.6flned In's-Ubso.6fi6h:('`�)of etip.ri 7 ei'f Ftq fi�d'or I l N.Ir, .Homefoss Aeslatanco A (42�U:,,S Sao. 11434-a(2;)). ud s i,rttocooinpahiad:youth Wh.o are propant or pWontll g, I) f3Hau fn Arst" haslft oars ,moaning as.lr Section 8266•of the. igifa'ro,and 1 InS,t. �lt(on ; a :e; C ; [w ihcg. .61;:e e Dore o rrl ,onerlf s 1lste:d therein. (0)"j. .Hsdl-ctlan'} moans-a 01ty.7 .olty`the(t is also a aounty� oouri.ty,or Cianfinwm-Of 0.arel asd. ina .lfl:thl a cfi rti.. n ,"N.avgfick. ender' meena a Hczustng. trst; love-.lrrerj aoxueerlehod seer f6dusod on fivAho h6Mel6sa andtvld,ugls snd fbMttes NO permanwt.homing that provrtd-es:teMporaty Iivrn f cifitles while.oasia J Ahttgnrs 00n. f.6,VIhdlVldW,l:6 experienoln 'ham.dlessnos.ta'inoom•o= polio ber.,r4f lts,boalth orviceo, a.h:olter; and howing, (o` "Pro i m m i flea I-ditl6ss l- 6LI,8Jhgj §Msttince,..and Prevention program e4ibl,(Aed pursuant to ih1a choptor. i City Council 16 — 122 5/19/2026 EXHIBIT 2 city. of Santa Ana 21-HHAP4'00.1 2 i Pago,4 of 2-' -3 ,(1')t'.'.RoUnd 1" of tho,vrogtam.poeans the fOndlng all0oated u.tWer-th. q.progrelm b 0 Pip- .4it. -M- 0116O."10W4 6. fI f$041 vow for 6r 10" ' h' of Addlitidtial defilhift-ft f6V tied purposes Of lha H.jjA.-.PLL.2 pfo.gratw. moons that the 0'r ate e-bas Otao tore N d H HA 2- 'fundfog, G.'rarifees, a rtflh-a swbraolo'leffls who receive-uWardo from those Grantees, must ObRqate"Ahe fqnds by ftw statutory qeadjlhow.set.fiarth- fn 'i Wos.t. .N b 1 t.:A, rs .Pendodll rheaft.all HHAPi.2 Mhft oblio.owd Undw.-controot,.dr OubdontrAok hOV0 -be -and on-fully-pald -rec'elpted th Q 0 s revet"In-ouNtandIng., Im!he.caser of-on an w y- Joe ' I avMK 60da throtio'h-..S,Uboontr;actlngL, subdontractom are recipired.Ao expend the. funds:by We%MWAM60y'deadj!nes. ,4) jigag of Work The sdolpe..of Wb,rk(Vaek')forthi's Agre tan't-91T611 IndfLuda'-uses that are'6ond.61w)"t-with,Reolth and $Af*Code sedon.602-20,5,,subdIvraton an ra idA'W Tha '06tee .hail exe df Undson.avldonco!�h,4e.d sdu t�M address Ond:Prmht PopUlAtions tno(L.Onq ony oftlhofollowlng; a) Ra.pld r6houstlag, Including-rental.subsidlos and imentivesto landlord'S, su:dh as popurity depioslt .and, hqJ00.g. b) pertln;gsubs0fass-In now arid' sX16ti-Mg afb:Yedab.l-.o...or:suppor..Llvo hoUsing units, and h0lgsMon centers. Operating S4..lb-$Jdlie may Include apars0g.roserve.s. 0 street 04roaoh to assist persons exporloqo *snooe.to 4Qc0.$-s :Pormao-ohl:housffig. avid services. City Council 16 - 123 5/19/2026 EXHIBIT 2 0. Ity of Santa Anti. 21-HHAP-00012 paqs 6W-23 d) 86N[ces coordination, wh1oh may'lhol,Wo. aoce:salo wpWorge, -edo.ca#lm, and traMing progNW,, orothor sefvlaa needed to promOtO ho.usfinq stab.111ty'In slupporflVe housln.g, for"O(GOV-410 e, pat.tnot*po on,d Y �"d wsto. MOO, rob mr 00 PU Jhfjb ftj $'0 d-hom, aa h VU ludi 1,40 ; 0� Ole. VOLIt f.) D611-vary of permanent hoijsIng.and-tnrvo.vajj vo [jo.00lng solUtbho,4g:uch as hbtel :and mptel eqnverelb.n.%. Pfomition.gad-6heltor diversloh to permanont housing, lnoludinrg rontal whsioles. i- l ' 0bnddr -ttenevgticotasd.6hrgo se1tetq-b6 O qdo4) Now boa bdo h 4 Oomonstmied h6ed for pttrposeo bf thl 0 P#rag rtip 4 Oe!I I bo,1�AQ oo the. followinw M The nomber of av*(Ole Oftefter bedsln thio.olty, 0-ounty-O or reol-an served by a Cont]-hutAM Of CAfd, (Q.The njvm4errQf peo pie imperiondhg unsheltered l ho-molosoness 1h the bome[Osa POW-44-411ne COWL Shelter m(Ifi) (10 Flom-en-toge Q-f exits frpm emorgoppy shelters-to pemyenent housbq soluMorls. MA P1 ft .o r d Tho Agency's-OphtraOt CoordIftatotfor thls-Agreement Is the Counall's H-HAP Grant Manager-or the Gront.Nignagoes. OsIg ryoo, WlqoO ot h- erwIsLe lostructed,,any notice,, report,,or 6th-Or oom-imUrilbod h1roolpfriho hnorlgihal Gtaintse 'sigpotore for this Alo re o-m o nt shell be.M'�I I O.d to fh 'Aolondy-C n ra of Jo r m -op I por vnitlps to send (nforM-ptlon pleotr6ntcaily-,-G"rs6t ified via amall by the HHAl Want WqMgorar the .Great Mariagers dft[gnea. Thiel Rdomtefttiltiveg.duffig the te'rm of this Agreempnt will be,., City Council 16- 124 5/19/2026 i I EXHIBIT 2 HAP Odi , i I , �orrsr�a:Cvlc�s : 'i�l. ►���l11V)l:��: Hc�l��1�~��:��a��J1:��tJrt���ris� � - . . ADORMS. pikol`.N A,- vIc(t I SWta MO Z Oenter Plaza kt TOO-MANAGOR s.tovoh mendom PNI .i tMiI�lk :�. �: 3 �aka ISMAILADORSO AIi.: u th# rw r 1. b-rMd,O.h 11 1 i i ,_ ti i ti;bp rhaii� 1 m l C ordlnalin,. o Rm.noln -0,06n.o i` tI r l'�m �G a iowdOt.1yoiWv 6�j.ot l r ro �. a) ' I Th Is A reement i s fl ectives u ri' i Prc�l�ai I . ?+ :y in 'i+� t d 1 st-Onatu Or°Id"ed i A -noy tn.tyre to vor left seotion.of'04 a on%.SWndard Apreem.ent,. -Tl0;21 ,rnihor►stgnod by ail Pertim b). Olohtraatuai ObIlIgatiorr: 1 i) r'antees that are countles nog oonfraotuyb gate10 Oro iof tleac full program allo. tons°,gin�r befm Moy31,.2p23. � li.) .Grantees thot pre dtl Qr oontlnuums of carip must oc�r>tra�t� 11 o.la€mate no 1 less.ihwi-.66 percent of O"eam allocations on dt b.af MOy ii gg iii): Counties that contractually gbligate�less them 100 porcent:of grogram- 1 all batiung after May 31, 2028�n id.hava th oir Uhd[coated funds e6verted to the CoC that servei the unity..$pe tlis tc�Lod Ari .ele our ty, fU:n:d thaf are,hot,eontra_ct0ally v:bligated by-thi ,--ddte ship€I b- .divi'ded propdrtI ateiy ustrig tine. HHAF1 fundlho glibda ion formdA among-the four OxC s that-so'ivo- Los.Ange'les County: City of Ofenftle GoC, City of pmd:enu CoO,#ho Clty. oF.Lona geaoh CSC,and th-6'Los Angeles komoliasg 8- -iorvibei Authotity I City Council 16— 125 5/19/2026 EXHIBIT 2 City-of Santa An-A 21-HHAP 00012 i .ie yr + n. €r��aurtas 0 Ggro That, after I-ay: ., , I� ve c.n Pae a lly Qb1jOgd d..€0. �-Jh .n 60 pet..peat of;p rob.ram, 000g.Ilona mupt sub it-on h r� Apt" d, af t Ce i el a r tES� i t I rt. t it . P-,141 XPO WINto °CIF W. r l tkt I ? theA -on . HQW*,� ►gen y rosery the right:to a4d any sporIbl Q.ondittons to1hig Agreement it deems necessaryto enure that thb gpelo O.f the:P(agrorr a I i { City Council 16 -- 126 5 i9 026 h'�HIBIT 2 Homalo,sa IMious>In: , :ltn ,.arr:d.. raatly Pr'+ igN' Irr iourrt . { ii #� N � Standard Agreement EXOMIT.B Tho Mpt.H. lAp„ :f u..pds sI IC xpend cl-on.voesv.-Mot support :rev.01M l o6ord'ii�at trend axpsrtd.drdtavrblop io-dw 64p. yt d�res it rttadlata bbrnelessrioss oholl riges, Slit,-Ft-adtivitias must be.(riforrhe.d�y a best-,rac dog mework t`ccusod ors-moving.poaP.lo experfenoing homelessness Into permanont oustnp a-,a supporting#lie;efforis of those. Indfvidual2.it d .b-M as,to rnalntolri'their pprrrlanertt;h qu-6l:rg. The Grantee:shall eXpend. I-1H►P--2,fUrtds'on.ell-Obla �ctiv'It�e as-d.etalle-d In i 'th-d expenditure plan and fuh-din plan subrf�iltted With thO OtOO's 8ppCoved: ptali tlorr,Ti7:s. t nle: r h:alf s.ubmtf-sA updated fundillIg plan with tihe.:Oinn.uai repprt that re'vlit s-�and'rapoi'ts loll setu ). d Pr:.a0eft .01' F�II-IAI .funds, -4) Ovggat htenps f} Ghwig6s itV ba-r had:-O to the,t ( ;g,� flsoal y ar` of.�iigf le usa expenditures without.-prior approve Mn',by the Apenoy so loino ss th'a total xp r dltures ( ; t�ral n .p.ra�e tad f-Or gaP'h OIlglWe.use .togory ramafn the 4 rx'ia,a de ci be- IM thie .15 0 11,p15-t6Ved.with IN Srant00%opp tcaton,, 11) Any de rear a ar ir7c`re s to tFre;tot I e p rrdltur s:for Orly-oil tblo rase•Onte ory Must a#hewise-be ap:pr�r�vod l y 46.coonoil's: H-HAP� :Grant IVisn�er-or-filsfher dealgryoef,In wrft(n.g:,. �O.r re. the Grantee May I-I fAP- rrrds scccrdin.� to An alternative e x p pand axc��r1 s rat anw . dto 4r me lth'adure p m � . n or denial bf request, Fsllura to obtaln wr`ittan approval from.the Grant Winogo:r orh is/trier de 1 .ne.�as..roq.ul d key thl-s:sectle:�i �v bo OOMsido.Od. a k re cli oi'thIs A.gr ernept, A,#ire-Ach:of IA: retult Irr rerrt�i�le listed within �cF it it .; rrf 4his re r tent,. -2) her I Corrdi one Pri ,r to.13I9burae a I> ANI Grantees must smblmtt the.folfowirrg forms pr°lar to.HHA-P-!2'Funds 4e1rrg released; RogOst for Funds Cori T.I) 213 Standard Agreemerit-Two carlgl:nel copies of the.signed STIR 21 a � fbrm andInItialed Exblhhts A:th.rWgh.0 i City Council 16 -- 127 5/19/2026 I EXHIBIT 2 0ity,of.Santa Ana 1.MFfiH1ii ( Q 1:2 nags 9"af 2 : - ' G At f odt[l'ar ov f s .�1 i -xpo rl`r ,.F HHA1 funds° fl be disbumod to 64 Grantee,up'ori receipt, revi.eW and.approval Of I the completed .ftndord.Agreement and RFF hy. Agonoy, the Dsp:P0p1@rat:Of General eruims—(OGS).-and th6. Sato-Controlloes Offioe. (p 0). T116 RFF must Indludo the proposed eligible oaos Od IN Orzo00 :t Offuhd� 0rppased for expen )tu:re'.under mob ollo le:us:e. f l kf � fu nd gill d'iahurs d.irf it Single allaaatibrr via:rryalled.chedic once the. R-FF h ben readlye"`d Icy t e � 0, Oheckt,,mill ho..mailed to the address and contact neMe.ifsted.on Aho.RFF. f k 4) Ex-pot-lditure.of Funds peo)fi o requiroments.a n 0 6op_dliry ea,far gontra._GtwoIly oebll.plin and Thq. awardod funds,-are set foAh in the Homeloss Housing.,Aototancer, and Prevention Program:rxt6tutes, Heofth1 and Safety Q040 sections 50218,0,and 60M.6 mean to tbs.foI1..6W1' o l g) Up to ' percent:of en appili a fo Ali 1 P-2--pragrorn:elfoceitlbn moy.lie oxp..ended ; four tha fallowing uses,that are Ir hded 10.Meot,fkcl.eral roqutraments far^housthq fondinw I Sth#6016 ho:of bh3t sriog§ Ian .its l6fi'NA In #lore:57 . Caj o `I"ltle�` Qf'th Oode of FWoral �0t�l �iorae. 1I)` Infrastructtaro devolo.ppi.ent to O.-lppo.r't oaerd crated entry systa,mo and Hom--loss.Maria omont M:nformatfoh*steo%. The qppilcont.shall not.wgwrnorplton 7 perpop t of a.H.HF���� prcigrorrt 1[ooation for ad mil nlsfrat]Ve oosts,l'rbwre:d b� t h b oity,�c0Vn#y.;:ar�onklriuurir.cf G��r�to a�d.mintster`ffs p:ropt4am allocobon,.. For purposos of�thIs subdIVIsion, ":admInistratiume cos:te does.not lnclOde staff orrother opoto.d1rectly rafted.to IMpl hantl ng 00,tivitIO84U-tided bjrtho program.alloOtl-Oh.. o) A Oragram raciplont shall use at least 8 per(.Ont oftho furros atlad ted .undor thfv> section for'servtewi for ham-ole:se-youth.populations. � d). Real.plonts of HHAP-P fund:s shali'camoly with Houslhg First as provldod 1h Ohmpter 64(oo moncing with $ecflon 625 )of Olvisl6o 8 of tho 1111aifaro and 1 Ihstitutio.ns..Cade, � e) Grantees th4 are oitlee or contlrruLrrns of oere shall .miltrelci+.l a[ ehligat na f : th h 60 pendent of H.HAP-2-farida by May,31., 20.2& if loss 1110n 50,perbsn.j I.s. City Council 1 C — 128 26 i EXHIBIT 2 CRY of30ta Aria. 2- 1,111HAP-000,12 Pap,1-.0 of 23 ob.-Aptod Wtor M-ay.3-1, wntlbijums:of;aareaod oNes shall not:-expend. y an N"rhoiniho'portloril 6.ftha.50 perraont of Oro-gram Wlawflona required to have been obligated loss-and,LintO both. w, .Uh 1)' Op'.fir' b,'e'f'b r6 JUN-30,202. 3i ftid.GrAhWe aqihmb wy alternative 410W$emen.t - the Ae lay Anid-a Olen to fju 0Y expend these funds by. 0.poambrer;'31, 04. 11) WFO approves,Ah.0 ail 0mative disburso m- on!plan or provides.tho:Gra ritoe, v4.th Vuldrance-on the rqvjpjpns-qoaded In Wer to op-prove the-alternotivp 111).If-thia-fundg Iftitifled1h tho approved- 00buroo". nuplo n.aro. not folty,expondQd by.Deoom'lapr: ., Ah`3 o'funds ohal I be,roturned to the 31 262 HC170-for a sUbLseq.qerjt,roUridpf t Woyft by.1 FQ Gahf®roo that Ato da-U.ritiss-shall contriactwilly dbllpto;tha full n:,(I:00'parpsot)awarded to.,them by Moy Of . 2023.Any funds that am hot co*WULMI�,, 011g.d.tod-by this-d.Ate,6KqI1 Abe.reverted.to-the 0arfintj un, of agre thot serves.the wunty. Spoolfla to L;oq An gvales-County, funda ihat arja 6' . ... r . s not phfrWQ4 y$is 611 be propoti6nate1y ulnglhe. HHAI0w2 Angeles'Caudill Ort"y oaf 1010tld4o.0,OC', Q(tY of POW010 IC''4 L. Readh.06C. the Las NIV.6Wt Hoffiolegs So."Mces.Authbdtr objid.Afth"o t�,oiffol.l. M y Bt.2-02-3. wQrro. -ked IIQ.c Vb n w -6 of thd fiLA-h1o.-dT ft'00C(U) in Whfdh INd AiAtd8t W.r!6tTfy:HCf6".p-bh bO, oauntyls-served, and.--thp: .-Punt o program Ws%thot Kb. rivoii 0 t am - .fprogra . will 0 a 0 the '000(0). Sy June 3.0,-2_0.231:the dpOty shall orp.Vldo H.C.F fth-0- W .0- that-th.6tt . the:funds were trm� rradartd submit an..updaled,budget.Ah-al'dezr(y fdontIffies the funds that wore traFt;#qrrqd 0) HHAP,-2 fUnds shgifl boL oxopndo4l by Juno.30, 12.026 h) in orocordanoe wlth.R�Wfh i9nd Safoty Cod&soot[w 60220i5, zubdiVlglon (1), HGFQ--.retal ns the rldht tp require a.correotive ootio:q Pip of grqntees-that are not on-trek W fully 6xp Ond funds by t h a-'i§t-Atuto ti I y-req ull rb d d 6 a d I I rie. I)- Any funds n6tegipended by Juno SO., 2026- shell revort to the General Fund. HHAP,.2 fundb-shAll hot bo raked for 000-609so'clattad'With act(Alros 1h violation of Hny law or for arj�40ji'vit�10s,fiat 0on-sistehi with the lntght'oftho Prorgrarfw 0-nd den 'the eligible usesusesde 1fled In N ealth-and Safety Code seotion 60220.6. City Council 16- 129 5/19/2026 EXHIBIT 2 HOto .f Pik t ,t{ 191rClltr it`r �rfir� r`r�ir� f i .nod llgl ii.i . li of tY f 1 ds Madw t.mol. i� this Ag.v'bmwt if thaP*0 0. 04t~46ioiot i 1 ll [ P� 2 f.40- rii l� l l ivitl : `I r . h it: r ttl6, t w� ft if ur i ur : I Aor q AO'ra:fto.nt,;bf.t wFi t rt► p.prov 1 of. Off.b.,Ads Ato d,6uma'."fod hlk �,I:dtrdi [ 'rOiuty, regarding the of fow- abtlity of H:HAR- fund'expera_dtt4res., Rogram fonde shall riot be usedtoouppiant extsting looel funds:for homele8s F1 si'ng,.: lstanu � ormprbventlon. .O(OX0.0Gut'rOn of tkl...-Agroorrhont i i i I i f City Council 1 6— 9 30 ' i i I %I. H,IBIT 2 ��i'�rd �dl.in►�r��rrt�rit 00, Aft a) Tor°m:l..q#i"w Agroomet��: n.e t rrn-lriate tfifi Apt arn.ent at any tilrr`r .06 a key. ivin��..mirtlmum of -oys`�rr 1w.of form tidrt:,.ih writii�.g,,to th ,want e.: 'au.s :shill::001h:slst -of v'Wations,ofanyy...w.ndl i .n:e oft is;Agreomefttt 'Amvbr ao Of Co trglot:a . d d rr1.:p ra r~ 'phr' this W 1t VIOMidrt of tVIOd%rMfvili6t6 l;awr rwhom Of — Aomoo ertf,:un W��tKOI*� e } raSr d l r`�Vkf i1 by.-A' any Llr I I`r i' r#d rtyy tt krICtur t ,. yrlrir�. dy raOiat:i of A d:-6nf0rd4 1.0-.gfil r,i _ Ntont:� d� r .64101-0f 6AO6rn.Oy Yby 1. l; t v l l >yo 1 t[` r .tit= :d i � �;#1 r M-i-Oro.r1 : subject to arty additional°restriettdna, limitalloft or conditions,or swtutos., re-Oplatlorts ar any other lawo.,w4other fedoral or. thus :at tho-`tote 6f Calriforrila., or of any agenq.y, department,.or arrY.pOUtloal s�rl�d ylsl rr of#h. 1 d: r it or: t to df. slitcrnit ovetir eats, u rri h rn6y.aftedttho rav, fo-ragz f to,9'of IhIs Agro emont in any m r rRor° era`ntei may no trarisfr r dr a.ssi hi by:subo ritr�ct:car rioV�t[+�r�, gar E��y any other i means,b 0ghtsi dutio:s:, ar perwmanoe 0!-MIO A�roe-merit or art part thereotx ,exc.ep!as 41l0wg *11tbin : OIft G 81'e06 n 1.2 ($p;odel ond:ltlon4 . rshteesls:ubOmr W) or with tho prlar wrltte appravdl:UHUC and.a formal Mendmentto ffiN.Agreement to:,aftot such s boordradtor wyation, i Iltic� i.:fo �rtdls.. i rrte�1 V triitled'ta H F e ori°tors l l f uri.d spa . - rt`r :� [ I 00ardira6tlon ad bxpaiid-be d6velop local-dapaOtty to address its'IMM-edlato horrielessri�:ss�h�€ll.�r�gss:,► �noy is �ri:t.�r%n� rn�c�.this .�'�errrent o�-fl��'.I�:as'i� af ! rrte "tot , .ihfmifrr, sserIr`r �id relrelittioriind:i th tApl�llcAtfO YOU 8 Orrt rr O-So tic n tEi rt In i fu d bt Ettsd�U1clt It fh 4�rl its l pptlo�mO tyfut l M oguootod thr u l .tk l r°M. W: IAHA C.t an& Requost Process End are subject to--approyal by HGFC. � -- •}'iti' T i City Council e 16 — 131 5/19/2026 i I EXHIBIT 2 City of Banta Ana 21--HHAPw00012 PA 613 of 23 O.ranfe.e..warratit 4hatall Intormatlian, fades; asaettions.and reps senlation.s. contained in a appil atiw,and�ps�r���d lt�a�lfl�ati�rr� Arid �d�itloi���hc�l��� sre, try&, oorreo.k, 0 Or* ."t 150 b . 0f r _00& k w 16 hO Ovollt-.1ha , pO Oftho apoCwtibb:And rpoporrova Mo -iftoatio Am�..a�ldttl�rr thereto i�v trrt�.. Ir r in rn iet ,,fir r .fai dlh, Irks it. ri�:or thot'�wo-Ol. .sulaC[ Of ; I l ' ppra�t l.dlsp :rr m r t;r r.m ni rlr : t t rn ,In vid tharo Ms-, r A l'l .> rr e tl „ `greeMeh� On n a�r0 Vita q tOOOKOTAN1i . gl' eM m ind'�al�a���� �dttc�r� �r�ur�.u�such rec��d.C�rx�����I���11.C�0410l6;. 6.) Annual Deports: y January 1., 202 , and annually on that dote thore fter until all,fdnds haVe �eerr:expen0ad, tY c Ora.ntee shQ submit ati agn.val rgpert fu!HQFO in-a farM6t.prav111d6d:by H.Ci=C.Annual Rdportsvill Include a requost`far.data cart , p ri �til:rei rYd paca.ple erv. :d Wlth IlI�''F�-2:furldlno'(ii addition to.detal19 art speelfi proJeOs sefeetol_for thq use nf� HAP- fur`rding,.If file Grantee�folls10 pr64'e, such dooprr o tte tlen,, H-ClC'rn.ay redw ture 6hy portion.of tha arhoubt. autherl ed by thi' reement with a:1 4-d'a.y writton nef1fl-c rtion No January 1�2027 1M.,Grjifte shali.s.ubmit 4AMW r6part -In a.format provided. by)40, a -WO.R..i 8-detofl6.d. &Xplorwflor.�i: of all:u4 cf tho P ograr'n funds. b)' -poridituto l sport In o,01tl rt to the:a, ranual rp.poAs., HOPO regglres the' ro fee Co wl r"it quarterly WPM fti)drtg dw-6.ho[E tar than 30 day,610110.wlno tho 6hd of saohfitaal �rrter t"ante shall submit a r�pn.rt fie HC art a s and.Mothod prwvided by HCFO h-,at Top1Ud - h e11 ing i -a f oft spegW-L uses and expenditures f y program fwv b.roko 'but by'0.ltglht tlse :llat d, Iholuding the c urrsr�t staffs of t.hoso fun eio,,ss wol:l as anya t-l'onai Ififorfnaftq"H V deem4 apprapri to or wdeasitry. if the Wahtds fAlis,to provide such drpeum.—60#0-0, i KOK',may re mptu[re arty.portion ofth wam6urrt.outhaft-ed,by ti rls Agr e.- 6rit ; wKh a.146d.-Ry written notifi tlian, I) An tia Repft.�."i ha-srtr'c.rai report shall can 01 d WIOd.IrifdOniatidn-in ar ordarloe with Health.tend .atety. ad :sesfl.00 5012-2., subdi081.0 i (6). This tnfOrnaf on includes tt1e fgllowing, as,well-as piny addloonal information deemed.approprl4to or heoessary-h� RC�.t (1) Data colleotion shall lholUd-b-, but hot be-IlMi'ted ta,1r ifatrootion regprdln Indivi',dols arid.fi�rftlile..s ssarved, ir�diUd'rrr ;d rllog:rap:F l `'rif rr't atC'orra Information regarding partnerships among-entltibs or Woo 'therepf,-4nd partto-pgnt end r'ogioneil outcarh6g.. a I City Council 16 -W- 132 5PI 912026 EXHIBIT 2 OKY Of 6anta Ana 2- 1-HHAP-00.0j.2 NC(O 1.4 Of 23, (Z)Tho-peffqxmanoe. monitoring:arid -unja d %hall'Ino-fudo., Indude,. but are'not II'mited',ta, the fo rimy- I(owrig; fa) The caqm.bee of INJO-dual'ox-Its "0 do t. Permenenthopsfog, flned-hy. the un: W.f R6,Uaft. ti hOMAIng-rPOPAMD.ffOMINO. Raq1q1 qq uftyi .61s(defin9d hythq Pioun0l, frt:Lppnsu1tat1aq..W.,fth voor o. arttativea of Adta..Arid lbt8l.0_06116169�sAON106-.0MVidetb the: Leg:(Mature., and'ather',stake hol d or% coordlhot[On' With r. qPras.O.nWjvO6 Pf stgtp.and,jQ p al agpoles, WYOOM0,1..$OMOO,p ToWders, dftd tho Lbgfalatum ro g h 0 �Ott-I` qLUtre M. .Oftts shed aUppoA the efffdlantAnd effeoffIve,a.ddnlstrattq: of the proar � aad-on-ab.le the.m-offloring o;,pro.,�-O i .0*0000' ,.,R) .44 Ot l =t pdetkT.h b.Of fl H r -.0 WOU'", A� f0i `H 11HAP4.2, Pr M 7 0:00 M_ M 4'0' th"I" P114k V WrOld W-4 101-040 .h l['Y:'OXPOrtd H m. -W W, 96W.1-tted wit.,th' e? qukofterly exponditure reoodtna forMatlo be Prov-Wod by HOFG, ly) HCFC May. quire,84ditional supplemental reporting with written n(Alce tothe Grantee. ' t6f x tN end date of the grant:t'QTML and MR not be'reofrord to st.4brolt quaiftort Y hie the.Lirall caliq wR$ fu - '..w ....Q Ily evende.4. 0) A"Offina A.90fty Worvbs M4 right to Porform or cause to be perrormod,a finAn.cial audit. At Agency,request,the.Gra.ntoe s provide, at its..own expense, -a Man..I I hall Ga edit prOo ted by. -Le 0'j3r.(jfj'O*0 public OII!C-Ooount�nt,HHAP.2L4droinist.rativetiUridsmoy adhere folhe fo0win.g. cond.1tions,: 1) The audit-shall be performed by.an Jridep'Ond6nt.cM'j11ed public acco-vitaN. City Council 16 - 133 "0 YM26 i EXHIBIT ;. Ity o:� trit ;;Ar�a: h 's era�YtA Thy 0r�.tw �or�'e au* � F (�4116W 0,4000Y A rV tl ind "oil R. 1� 1 ��i) ����C�: ���`� r��,ps��rC�:l'�•���y ���rrt�l. ���r� ;����� . r��,;�ii c��:�t��� � .0N- parlr7 u its ivy: If th rY ire aud:itfind:in .a,.the.Crarltse must rlarrrit datailed re pa080 as 'eptabl.e to Agency for coca aud9t finding'thin 90 from:the date of tho audit fi'neJ-h repo rt,,. 5), I`h4 66tI'6h... d Tk tontloh.bt -609 ft Ro.- 00.lnrsP on F H G&Its'desighee shaJI hav 111;6 right to r� le.w;v.: tairi, and W.oy All req.ards arc stepper tin5t t a'a4lM-6,Mtotio.h pefto'i'Nttg to. p(AAmon o Uhtler.this Agyaerfte6t. The Grantee agrees to pro-vide.H.QFO, car its do igrro .w h any relevant infQrntation requested.The Grantao agreoe to.gyre, H�I� o�1ts dc�olgrree a�oes� to its p.remises. wpQn ro.mn ble nQ1i. :40 .d4.ing wrrnsi ..Nsiness boom,for the pdi dose ref IrttbrvlQwtho.OMployees who rrrig.hit rea.s.onab y h e.`In m�ti.ert Maim to grrah records, and of lrrspeefirrg And'eepybg .Woh bpol, locor&if. sGeountg, aad dthe.r M.Ateri4ls jlrjat,rnpy be:reley-ant to. an lnve6tigaliaft-0, coM- plianoeWith the Homol.i s H uafnO., A istaraoe,.elnd � ,Pravp. tion PIrwram laws,the HMAI program ovidanoei*`ar~rrrrtjnt:published. of th6W6b§1ite,and thlt A,J.r66Ment:: 1q.isaocord-arire with, Hoalth-and Safoty Wde seation-"60220, , subdlVftlen (1), If upon f4sp Aloe-of reaorda HOMiderrffiflos nomompllonee with g. nt i te0W6,M.ebte,H0F0 retalris tho,right to,irnposo r1-corm-otive actiah"Olar�oh the �r�rrtee., Record'kotantior Tlia.Grantee further agrges to,retain ell1,records descrrbad Ili gMgra ' for a ra imu►n period"of five(6).;years after the t+e al-Inatrao pf thls Agreorho t. if 6n .litigation,claim, nogatJidon, audit,v.oryltoring,, i;h:spOotlorz or other.potlory has boon oommeh:oed before the%0; tlori of the roq'U6 r000rd retention period,.all records-must bo retp.lned until cempletig.n of the actlon and re .pltitlon I crf.all isgue .which arise feom A. 0} Breach of'Agreomat Breach of this Agreement includ sa.but fs nat ilm[ted:to,-tho fallowing events: City Council 16-- 134 5/ /2026 1 EXHIBIT 2 O!ty of Saota Ana 21-,HMAP-�00012 P400,16 of.23 l) f�rarite�e's failu:r�:#� earnply with the:terms ar oorrdltl:ons..oi'•`this Agreement, 11) U-se of or Porm'.10ho ftuse ot.HHAP�2-.' finds provOod odor 61a 01) Any fallum towmplvvttfi the.deadftnessetiorth th thfs-Agremont. b) Ro modlos for Breach of Agrop.moht W'Addiflon to-any..'Other eemedio that-mdybld Div Allabletb Ag6fidV ire OWor-e uty fbr°Or ofthl.s.:...Agreament. enryl.m's.y 1)' Bar the.Gtante6.from :applylnq,tor.-futureHFIAPifon.ow, 1111, ROY-oke Ony Other OxIsting HHAP�2 award(o)to the Grantee,,- 91tR-eq1qIN the-return of any unexpe"Oed RHAP-2'tune d1sbursed U n- de.r4his, A 9 rO bm"'6 n.f W.) Rbqulre. r .parr et1t cif H HM74 funds d.Nb'ursed Ond'exporded. under this V) Roqutratho:11 nnadils*r6turnjo Aoonayof all funds derivedfr®rm the use of :CHAP—2 Punds, VI 'S st 10M -.floh, order,f6r'6pe6flfj peft.r -4h "0.of -ed-o a ton -a v the-dofau'lt bllwak orp slptfov i.-lb ;as rt mo OMLLNK.M '. AM, ,Jbqu.1M'Mdh. tk- AA rem ed'.Pos-avall�ble to.Aoenoy'are.:curnolaffvo-and not d MkY 0W"0.'JIV ' 0 No.W41"VO-of an"y'Waach of th16.AO?OOM'6ht.-th.dll bd..hold to-be,9 WaNdf-W aqy pribir or~:s uk s e qu ontbreach.. The N I I w.re,of:I Apo'%.y14,edor'00 Ot:ghy time the. 'prOVI's4ons of t'bh 11M Th'M... A Or.-O, 004-f'.'h - AWdOMftk:;OLr1d N-14*6.0. Y 1,00 00 .0 a r1to 'Q 1 006, .4tl qpa w4y:b o-':Oo-i !:b"o VOWW-0 Woh;PrOV141 Pro Off-Wth-OV, 41101.V.'60NO A.0Me OntOr the do IifOf AgWy.0 eftree NondiscrWinaflon- . 1blo Qv%e nt .0ritoot hd"its Ij let) 'hall:lidt. Uh brnploy.' .10 f NVA . 'Wkrl"W"W%. Of Allow h Osst�php p1h'i 06y', 00 or appllaanftremooymord bee'"'.-k-0 of aek aneestr r, religion, 000d rt ti al OrIglo rrtdlr -lahouags use restrIbtl6q), pregnancy,L phy,%1caI'd1sabIl1tyL .(jh ludn V a 1 g HI and AIDS),menta"[41sobillty, medIcAloondItIon (Oartoorlbonefic dharatted-stics), age. 1 M—I4 4�ig alw_wo"�O City Council 16 - 135 5/19/2026 EXHIBIT 2 City of Santa Ana 21.-H.HAPw00g1'2 Pap 17 of.23 (ovor 40.),.genetics Informatlen.,. marital status, military and-vetamn status,grid denial. (?f medloal and family ogre 60-va,or'l r g:n n y dis ilrty 1pave., Oren es rid dub gronfees.shall enstim thAt tha eva.ltiatld-n errd freatmorit d-theW empfeyeeix:a ' epOlconts for emplaym nt.are f eeg from..sgph Oloodminat erg anO Wasmmr Ont rrtt .;ln its strfi' lpfl111 � 1itf tbairovrlcnsI0rnl 's XvU : g fn idi rimin t ryl r l e lat[rxg_to ffic Ct 4 tt O flf�l°O PRO 00 -of pro, t 164edlfl. ndO 01 �lr p.rcrvislc l�s el: .rtycle . , hal t r�1, dart: , l lvl 1arl. f T1tl� #fie vernmelit �.�.ttr�� ,� � 11. .�F��s. �r�nte��n�.ft� �.►��i'eo�l��ts'�l`t�ill: lie i wlition 60t10e- lr'63 fIQati0rrs hdertfli� �� �fo:I06VW0,art�atleris � wl� tl� y have a called �.4rgaining cr-other agreotnent. 9: I'tot qf_!VtMgt All: rant-ees ft-Adbjodto state and.f6dar'al :edrrfild of interest[awe, for -Irtatanm, He0fth eand safety ca e eeeti ry f} ;,.aubdivlefa'n te[f OWPO$1000 80CtlQ011 gD -of the Oa vernment OoOq, -q mpl entatirre,of a county ,ssrVlho-on a.l be d,daftlitteoi or body WIth thdi primary pu:rp�se of admfr.i�.terir�g funds r r kln .f �r�ding r l it n .ndatla' s for tf rt p r l �[rii try tl t ;eh p'or OWN: av . rya fi n l .l tr t r ; f ny a tr` ix:1 [ r t vet d b6o 06m,10 O'n thy r ldf�� .4010ffike O1�; ��1���r�plt�� eft�.� pa'.440 to offlo,,ly.-W�thf 610 M ltidt m �.� ��l�i�t r Iar t r I ga ; �ti rr r Is 4(ken:► ittoo ., p11 4 1e. rrrt� tert�pi:nye , liv talEiflorrm .lyh e�aerx-n artlpleyrrier fs act�vit ; r�r e Wr'p"'is6.fi°�m which th.oftI'ee r or-emplaye rerxolves tiompen atl r� Qr:i�a :ilk ari' ial:iritomet, :arts Wh1oh l:s sporigered or dmdod by j any l taf 00i hoy.; unless.the amolpyrrrent, ac lAty,_car.enterprise 1a.requfred° as.-a l condltton fI rogLilar Stafe Ori�plo'yrrror�t. No State dff1det a'r ploy a shall � 0(?ntroet on:ills or hor own bel�pjf.os an.Independent Gr t� ee wifli a.y'.Sti�t� agency to provldi+e.-goods or services. b). P6rrne.r State l mpbye g:. For the tWo—year.perlad item the.dats :or ehre left � l je employment;m f�rmar. tale gfifloer oremployoe.May er}fe.r itnto ntra0t. 1h which he orth b bngs0ed In any afIM n6'g6tI'aO is, tr6maddohaj planning,: arrang:emonts:, orany. .part of the declsier�, mak))g.prows relevant try 1h*- i7tr t+ i l ei pl ye fn a al V ley My.Stet � �ll�y; �r�h t�u'61���. ,�,Qntheri tom: k�ete l�r , r she llrtt > rIYmr�t rig firer Officer mplo:y e°tn"Ay;O:r}fer.f' fi rlfrt viti 1 Wto0gon"'yI1* toiorsite:. wa-s.0mplayod by the it Ofiato age ncy°Ih a pell,4-Me'l nd pd-4 t10 ire the sawle City Council 16 - 136 511912026 ! i EXHIBIT 2 rr' 1O tr' .: : r` : + '° : i� rt :uvitll .til'� F 4116 li It ;141� . ppll al re erltiuv too O l t r t,prg r i rz Iitt l 1 �" 'r UP AO Of 4 ty;> :adu t�.0t.* w oUvo iilttr1 tf � P* irP.�parr�ikl' I [ srIItt , f inch rg.r~ecorrrrrtei datlor�:a for ap.prioatiort :p.ursuAnt to N4 o11aptei�ghall lire no flnanajal.Inlareat Irr:arry ocntract program, .or pr )eci voted an.by the bowd, od rrii�ttee, .ar bad.y:er th0.baslg O.Vtho.toWipt of.t MpahaAtI'on;fOr-holdIng publIG ffio ar ptrb.I emplo rent.a.s a repre entativo of'tlie=wUnty'.. 1I )2rr !�F. :e.e. 0. • 1g.�:, Carl"i 12 -COMPOOlon of By SkIgrting-thi-s,.Agrooment.r Grariteo har..el y certifiesT urrdor penalty of penury under-tiro law of$Utfe..of OPI'Ndmia;tltat It ark,its uikxr"o pi.errt .ww{4�lyt�l eorrlply tll tll 'racicair r enta c�tl�: Druq�Free`vV�arls it ee A t: f �9gQ k �k7UVY ���.�� $��aq.,:�.and l�aue rrrwlll p.rtay�d'e::a drug��re� wcsrlcpraoe �y taking the toll.owing a tlo a P�roli�l� �` r�tataE��rit.rritrfyirt 'e�pl� yes and.�:ubree�pier�t�tl�at.unlawt`�l rnafturtk ture di;t rr utl i per�a tleri, pi7i ae l rr, r u e: l a ar firr lied ub tarr a rs-prohibile i- fa� and- peolfyln.g.00000.na to �040kgne.r�i�:ioyeaS; 0,an�et�84 or sdb000OO' ir~v�lolatJOM:O,.AS MOL(I~ed. byGovernMernt.i Cede.-section 8.3 ; 61)bd:N-101011(0)-0.)-� a) :5-�tabfifsl a Oru re Awa:re�:e.���rog�-arn,:aa re�dirod by e.v�rrirnerit��de. ,,-�gbdiyj n{4)( )1a:inform e.mployees:, Grantees.,;.or subra.oloAnts 6out all of the klowang;! �): Ti7�darrger�of dreg°al�ai�ae iri thr� w�rkpla�e, I Iii. Grantee's:pli `y rf.rr�aittalrr'irrg drug freeivai"kplao 11). Any pvai(oble.Ceu sefingr rel�al3liitatr rn.,.and employvee osat onjop prograrrri, 10 Penalties ftt mey be Imposed gpon.:arnployees,. Grartioea., and subrd-01pieftf6r di"ug abuse wlolation§, I i ) Pravld as requlreo'by Governmont.Ledo:section,066, subdivision (a)(3), that r every 6fti loyee rand/or'-- ubteor:p161 that.Works and"Or.this Agr�.e.rnv�t; i 1) WIII r ecelve a dopy of Grantee's drug-frge pulley statement, 0nd City Council 15 -- 137 5/19/2026 4 EXHIBIT 2 Qty of S.401ta Ana 21.14HA P0.00.1.2 Page.19 Of 23. (1) W`jIj agree fo o fIde by terms of 0-rardWs,00ndtflo of mplOiymont or exoesa-of V 00.00-0 IN IN*- a) The Grotoe reoppizos fholmpoftanoe of dhfld and f&mlly suppart obligations and i�fall fully comply P'ly Mt� all applicable state- and-fed.qra ra],Oflnglo, qhj 1. low,..j ld And-NM- Ifybuppod.Oftfttdoffie0t,indivain'.'Q", 6'66-t'�I'kmlb§d to, diodiogab Of ItIfor MWOo.n.and oarn..pilan th oarolqgs cowl Provided-In Oh;Apter-8.(joon1M'(4rxIh,g with s6dtlon 620Q.)-of Part 8 of DIVIslar) 0 of the Family NO;: -and :0) ThO Granteei to,the bast of Its:Knowledqe pom I lo.-fully- p lying with tho eam ngs O!"Igo mf§nt order Of.O 1.1 employees and is OMAding.thahends zfa-11'n6w em pfoye a s-to tho-Now Him Re.9 i.stry m.al ntaln" od by the:Ca I Ifo rhia 8imp toy.-ment O.'n't. diltj'0;66. ............. re M a lyvwwthlft' r'd th: 114' A' i-n'j4nO.,djhd; f MOOdn -Ohlb fi046-� " 6-0 IPWftoi 31-0, 1 --blU Ot 0, Y ih.00 00 to, h O'N mom.,Ont'-Off 0.0 ftiWi6olli-IJAU' r"O That r - ,""0(Y' -t I11.4 I . I I I 'Wblhlv� tvia - ho W A.0NOM -.rh'4:tiW,OfHRA-P 'ay,rdwit lmdrmiriotWn-of this 'Tho Agradmarti b6twoon.fia &a Sdb granto,6-.thttl 1-.roqu ire. theGrontee,and Ito Siubgrantee sjf any,lo., Pot...forM,thee.work i:4,a000rionoewfth Federa'l,:Stott.and Local housing and 11) Mali t in dt least the mrnrm-um., f6r I those ornol o yeos.who wl[IpeOo r m r. ny pa -the work o ftof t. or.any, I UQ Maintain,ps1reqPked by'16W, unemployment"Insurance., disaWlity lRovMnoe, an,d 110bility'laeurance In an amoot that Is reasonable to zompensdte any PO Non".firm or co rooratipp who -may!bo.Jhjqrad or d tho Orantee or r any Subgreintoo In perfoning the VV.Crk or aiiy part of it. Agrae to Inclodo all tho term8.of-this Aoreemiant.-M each suboolitract, 410'a. I ffi n' -M F 0,Imb .0,101 .1th'stato 66 0 ral16WA U d A City Council 16 - 138 cit NHIBIT 2 anta Ana "m HHA. P-'QOQI.2 'The Orantee agraq*Woomply with 4ll-atotq and federal lows, rule.and roplOons, 'that pertAlh to co.hStruttlon,health and sa.f6jy,.lbb6e,fair - ` : employment.-pradtica% enviromoW Protedtl 0,ovol Opoortqnl�y, glr ou.sf g,.ond oil other mattom opplto �la_ o forrofatodtolh HAO�2PrPgram, theGanlee,As subredI&M% rid Gbghtoo.0411.010 be m600ftsiblefor obtalhIngrany and:a1upermits.11cenges, and .approals requlmd for perforrhMg any aobtvitlos.Vnder this A.9rooment iholudin.0 thoa-0 OrIOSM? flp' -and mAnte -o of n n noo h d6h). l=t -w A a M n 0 . U wkt 6,d-,64"Ofg(& 00*00,0.11411 mcru Pro m 10 (ror SAV$w 100.,!r 0.) P _4.4.0 t,,, a oft. # n M. M p -40oly r!Pqu..O 1;4)tnatlds rAn Chad hM�O.Qj,,a_6r;fb,.On gt_"�h4 'O MR.1h;0 OVa -,Y-W ki if t Or. lo ' 'W �Ipplldab-]& deml: stgao, 'bolhq Ahdhard. b on P'prf ond/Gr Al rsamarjt. rformodhereund rt s io ens-orathoR th-P.Wmek,IV beino and has'bbohk p'orforino-d.'in'aocDrd.bnae.with the sp.pRo-Oble:fo 0� I ond./or local requIromehO,and this Agrooment. 0...) "Grarpt tee. a, . = t� re U I . h 4t �!W 1�. Doo ,g n spot: .nsp tOonf9r . 1hoPaer .40 50? AN NI d r rt Ih O, a) if any provision}of this.Agreement,.o.r an ndetlying..OR elttbb Is held.INEI'lld. .4y 0 murt of of Agency.,half n6t affect titly other pfOVI6I6hs of thIsr Ag rderheMt and the rornalhOsr ofthis Aure.emont-sha"ll remain in-Ml kroo 8md-offdot, Therefore,the provJalonoWth.la N�qp.mont-rkrd 66,0 shall.be cleg g.. sqyqrmbe pMpd 1. - rA or action und:eiftkenby b) The ra Ghteo-srhEijl'hotIfyHC If rG- ortiediately of.on W Y d aragoinst'it,which-,oftacfa,or m4y 660 this Agregiment.or-Agene ri y,.a d shall! tr6k Oud -�oflon with mopoot to the dalm or ftfiorl Odhol�toht With the tarrbg of this Agreemot and thoIntorests,of ftenoy. , 1 City Council 16- 139 5/19/2026 EXHIBIT 2 City. of Santa Ana 21-HHAP-0(001.2 'Poge�1, 1 Of.,2a Ho"meloss Hous:10,9,Ass1stando,Arid Provonfl-m. Progm mRound 2 (HHAP-2) Stbindf(rd Agrooment: $P.E 0 1A.-L t. 11,M.0 A N 6.d'.0 N b 1 t.10 W depoolt of,HHAP.4fdn:dsj 'a'IQOg'w1tb any opened , o , n - � biiftth iplents.-to.4h6 OtafflooJOr the 4r6PO$It"QfH HA wgjun.d . -Ot ba wv d f r 1) Perflealth and 8.40ty Oode Sed-floh 6020.6 (g),any,houtsfing.-r0lated a.-ofivitles 'n Oqd wrlth RHA P-2 fonds, lnijfqdln g Sul;not,JjWtad to-.emerge.noy. sh.e(t rapld tolhousibo, r,e,htblass-I-stabo.e.,-tran6ltbnal hOU8lhg and per.ma6.ent)sqpp.qtf1Vo. ho ugln: -g,.must be lwco mp Mnoo.or:oth-orwige ed W-i .11W..� rd 'Housir!g RlrR t, m�desqrIWOM Welfare and Irst, lons. subdivislom '(4)i 1hd1V.1,dtm1l8--and fshillfea-asdstW.w1th ttmefUnd.8 thutt,not be required to troatmW or pe rform Ony.other prPreqrOtAfte.Aoffvitfosl 1100 4 TOQ01VO � cohditi.6a t&.?O0O1VJhg`ghafte.,,Musing) or ether seirvibes for.wh[oh these funft,are, US 0 d',I ti 2 ad d if j-4n .'H , H AP-2 fvn.d!lftV-shall b#usia-d.-to Adopt A+le'us ire-g'P1f%t apor-.0a O-Ar 40hot . .system, [no .11 1 -within lh-o Oft,1' 6 o-f000ness m4p 0. lud ft.outreac. and M-A Imer-Orm'. k 44' uOt co shMI,pa (patO]nri:ikhd:.p 106 d 'Ut Mt.11m. Ma tdif.. 4) TM.40, $ . RM.P,(MAtIMIA'a MOPOP 1011SPOent With-1040rol to 01 ma on -y' 0(kh 406+1. .Ate, r0110 S�sto or MIS1, Agreement entered tM6 with the- Oouftoll"(f any, and.asmqulmmd by-flealth and SOAty.:06do seotlo- h 5'02.20.6.My heialth Information proOd-Od 10i or tnaintolned .wfth in,the gfatewido, Homeless. Man�g.e ment I rdo m0on S.ystem-ohdil-not bo �ubjwA,to publi alnepection or dlsolosute under thor OaRbmia PR,ik ilc Reamd-s Act hapter SA(comrtioholng with $evt[bn,62$0) of 01y"Iston 7 o T106 1 Ofth-o err r emttod R)rpu.rposes,efkthJ.0 paragraph,4.haaRh Marmiat!-on."moona "pMtodtod 11061th Infof mmffon�,"r as deflned in PO 1,60-il 03 of Thlo.40,of the 0 0"de of Fod'eral'RegWation-s.,and 'Toodloo I-info rnMlon f" as-defined In subdIvIolon .(j) of -Seotlo 056,05 of tha Civil Codee,The 0qunoll may, as required �y operational City Council 16 - 140 5/19/2026 EXHIBIT 2 -01ty oSanta Aha Rag 22 of.23 nace4slty,. am.end.or m -y ro-V dmig r; odlf .1red arid. . -f op. hWO.:$hWl"thOds.14 thol.r-annuial.rep.Ort.. upon request regi HOFO'Pn� date fbrM.6t,.ft6V1dO.d 10'Grant6a by HCFC, Ooh b ik 0�if t 14 Or 0"On or: b"ro- - 10:1'a'h.0-- 46.*OA?W,.Wfll T) 0'rantaq, gre a' a .:ta,demonstrateI(Mnt,-1Q U Nj file 9,114MOO shot 1 '$0 ra-VIO-410 VOWHOM"t N d1lprl "'A W"m 0 Oli u�.Wobp Vos.,4 ddn 00 M' " � ' I' " 1p-A. Ah V ()too drytpa,016d by Are...,.. OPYOP note,1-y h-Uh'W6"'hb6d�Ahd GO.Vl D-I.R. 0) -,O:rdft(oe a.hould a8tab.11 1sMfdr-'p-Oo�.f6,Ath-lived OX Ofloncia of sh.'a mechapi ..P 'hwe'lessme,40 to:We,maanfriof`�j and'gurpaseful o p.o urii. Inform and.6hapa P i-Alf 16valsi.of plrofthlhg:gihd'IMP16 M- dht 1-6 16d1q01.1Vj"the h dpo`�n q hr people with lfved oxparionae. City Council 16- 141 511 946'26 OltI It T Y. IS t .e OF PI, KII , t t, Oki. -dA? W Off -NEWOM A A ids 1h -00 TO Oft-0 Thle exhibit is Incorpomtod, byro-'forenae and made part of this.agro.ehloot. Th-0 0.8nemll Terms and Conditions�.QTQ-Q4120.17)c4ri bevlewod at tho-fAQW(rig !M; VNMO FINALUM In the. in'torpretation of thlaAgeem6m, An fmonalstancles betweary the 8t.8(to Of Qg[IfornI4 q�qqra'.I Tormpa6d Conditions�-NTQ - 04/20 1 7 and the feirm s of,this. Agroftant.end Its whIbft*ittAOhm6nts thAll ba r6solve'd in.Woe of this.Agreement and Its.exh Ibite/aMahme nis, 14 City Council 16 - 142 5/19/2026 SCO Ip. STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER(if Applicable) STD 213(Rev,04/2020) 22-HHAP-10004 010725 1.This Agreement is entered Into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTOR NAME City of Santa Ana,Community Development Agency 2.The term of this Agreement Is: START DATE Upon BCSH approval THROUGH END DATE 10/1/2026 3.The maximum amount of this Agreement is: $2,058,070,34(Two Million Fifty Eight Thousand Seventy Dollars and Thirty Four Cents) 4.The parties agree to comply with the terms and conditions of the following exhibits,which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit Authority,Purpose and Scope of Work 8 Exhibit B Budget Detail and Disbursement Provisions 2 Exhibit C Homeless Coordinating and Financing Council General Terms and Conditions 8 yh' Exhibit D Special Terms and Conditions 2 Exhibit E State of California General Terms and Conditions 1 Exhibit F Standard Agreement to Apply 5 iy I Items shown with an asteris ,are ere y Incorporated byreWence andmadepdRoTffils agreement as ifatta-ched hereto. These documents can be viewed athttps.11wwg.=ds,ca.govlOLS/Resources 1N WITNESS WHEREOF,THIS AGREEMENT HAS 8EEN EXECUTED 8 Y THE PARTIES HERETO, CONTRACTOR CONTRACTOR NAME(if other than an individual,state whether a corporation,partnership,etc.) City of Santa Ana,Community Development Agency CONTRACTOR BUSINESS ADDRESS CITY STATE ]ZIP 20 Civic Center Plaza,M-25 Santa Ana �CA 92701 PRINTED NAME OF PERSON.SIGNING TITLE Terri Eggers Homeless Services Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Digitally signed by Terri Eggers Terri Eggers Date:2022,01.06 16A9:59-08'00' January 6,2022 City Council 16 — 143 5/19/2026 Page 1 of 2 SCU ID: STATE OF CALIFORNIA-DEPARTMENTOF GENERAL SERVICES EXHIBIT 2 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER(If Applicable} STD 213(Rev.04/2G20) 22-HHAP-10004 010725 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTING AGENCY ADDRESS CITY STATE ZIP 915 Capitol Mall,Suite 350-A Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramirez Secretary CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED A— Feb 24,2022 Lou rr6es Castro Ramirez Feb 29 202215:46 PST1 CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(If Applicable) City Council 16 — 144 5/19/2026 Paqe 2 of 2 i City n 22-�- 0� Page 1 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement initial Disbursement Contract for Funds EXHIBIT A i i AUTHORITY, PURPOSE AND SCOPE OF WORK 1) Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 3 ("HHAP-3" or"Program") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective duly 19, 2021.) The Program is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency("Agency"). HHAP-3 provides flexible block grant funds to Continuums of Care, large cities (population of 300,0004-) and counties to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. a This Standard Agreement/Initial [disbursement Contract for Funds along with all its exhibits ("Agreement") is entered into by the Agency and a Continuum of Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, the Standard Agreement to Apply signed and submitted by the Grantee (Exhibit F), and the requirements appearing in the statutory authority for the Program cited above. 2) purpose i i The general purpose of the Program is to continue to build on regional coordination developed through previous rounds of funding of the Homelessness Emergency Aid Program (Chapter 5.(commencing with Section 50210)), the program established under this chapter, and COVID-19 funding to reduce homelessness. This funding shall: a) Continue to build regional collaboration between continuums of care, counties, { and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness. b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this j funding are encouraged to reference Puffing the Funding Pieces Together: Guide I City Council 16 — 145 5/19/2026 Ini4ial � c2 =jgo Page 2 of 26 to Strateoic Uses of New and Recent State gnd Federal Funds to Preyont.an_d End Homelessness in their planning efforts: c) Be deployed with the goal of reducing the number of people experiencing homelessness in a given region through investing in long-term solutions, such as permanent housing. d) Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. In accordance with the authority cited above, a .Standard Agreement to Apply was submitted by the Grantee for the initial disbursement of HHAP-3 funds to be allocated to the Grantee pursuant to Health and Safety Cade 50220.7(a)(4)(A). 3) Dofinitions 7 7 The following HHAP-3 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a)-- (r): a a) "Agency" means the Business, Consumer Services, and Housing Agency. ti b) "Applicant" means a Continuum of Care, city, or county. c) "City" means a city or city and county that is legally incorporated to provide local j government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d) "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 678.7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool. €) "Council" means the Homeless Coordinating and Financing Council created � pursuant to Section 8257 of the Welfare and Institutions Code. g) "Emergency shelter" has the same meaning as defined in subdivision (a) of Section 50801, i City Council 16 — 146 5/19/2026 j Initial I i city 2ZM 0 7rtJU� D Page 3 of 26 h) "Homeless" has the same meaning as defined in Section 678.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. 1) "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined In Section 678.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. 1 j) "Homeless point-in-time count" means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that.a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken in consultation with FEUD representatives. A jurisdictlon shall submit documentation of this to the agency by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The agency shall review and approve or deny a request described in the previous sentence along with a jurisdiction's application for homeless funding. k) "Homeless youth" meads an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney Vento Homeless Assistance Act(42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting. l) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of €€ Care, as defined in this section. I n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. I o) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. f 9) "Round 1" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019. City Council 16 — 147 5/19/2026 Inifial I City 2220W Page 4 of 26 2) "Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on ,July 1, 2020. i 3) "Round 3" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021. 4) "Round 4' of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on ,July 1, 2022. p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. q) "Recipient" means a jurisdiction that receives funds from the agency for the purposes of the program. r) "Tribe" or "tribal applicant" means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code. Additional definitions for the purposes of the HHAP-3 program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HFIAP-3 funding. Grantees, and the subreclplents who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. , "Expended" means all HHAP-3 funds obligated under contract or subcontract have been fully paid and recelpted, and no invoices remain outstanding, 4) Scope of Work The Scope of Work("Work")for this Agreement shall include uses that are consistent with Health and Safety Code (HSC) section 50218,6, subdivision (e), and section 50220.7, subdivisions(a)(Q-(5) & (f), and any other applicable laws. By accepting these funds, the Grantee acknowledges that this initial disbursement of funds is a portion of their total allocation under the HHAP-3 Program,to be used solely for the purposes outlined below, and that in order to receive the remaining balance of its HHAP-3 program allocation, an applicant shall submit an application to the council by June 30, 2022, that Includes a local homelessness action plan and specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b), The Grantee may expend this initial disbursement of funds to complete the local homelessness action plan, required by HSC § 50220.7(b)(3)(A), including paying for any technical assistance or contracted entities to support the completion of the homelessness action plan. i City Council 16--- 148 51191202E Inihial City of Santa Ana 22-HWINW42 Page 5 of 26 i For funds not spent on the Grantee's homelessness action plan, priority for these initial funds shall be for systems improvement, including, but not limited to, all of the following: A) Capacity building and workforce development for service providers within the i jurisdiction, including removing barriers to contracting with culturally specific service i providers and building capacity of providers to administer culturally specific services. B) Funding existing evidence-based programs serving people experiencing homelessness, C) Investing in data systems to meet reporting requirements or strengthen the recipient's Homeless Management Information System. i D) Improving homeless point-in-time counts. E) Improving coordinated entry systems to eliminate racial bias or to create a youth- specific coordinated entry system. For any remaining funds not spent on the Grantee's homelessness action plan or systems improvement, the Grantee shall expend funds on existing ovidence-based programs serving people experiencing homelessness among eligible populations, including any of the following eligible uses: a) Rapid rehousing, including rental subsidies and Incentives to landlords, such as security deposits and holding fees. b) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves. i c) Street outreach to assist persons experiencing homelessness to access , permanent housing and services. d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing. e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. i 1 f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. g) Prevention and shelter diversion to permanent housing, including rental subsidies. i I City Council 16 — 149 5/19/2026 Initial city 9t Rage 6 of 26 h) New navigation centers and emergency shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following: 3 1) The number of available shelter beds in the city, county, or region served by a Continuum of Care. I 11) The number of people experiencing unsheltered homelessness in the homeless point-in-time count. 111) Shelter vacancy rate in the summer and winter months. iv) Percentage of exits from emergency shelters to permanent housing solutions. v) A plan to connect residents to permanent housing, v1) Any new interim sheltering funded by HHAP-3 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize Interventions other than congregate shelters. 1) Improvements to existing emergency shelters to lower barriers and increase privacy. In addition to the funding use requirements described above, the Grantee's expenditure of its entire HHAP-3 allocation must also comply with the following: a) At feast 10 percent of the funds shall be spent on services for homeless youth populations. b) Not more than 7 percent of funds may be used for administrative costs incurred by the city, county, or continuum of care to administer Its program allocation. For purposes of this Agreement, "administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. 5) Agency Contract Coordinator F #f 1 The Agency's Contract Coordinator for this Agreement is the Council's Grant Director or the Grant Director's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this I Agreement shall be mailed to the Agency Contract Coordinator. If there are i opportunities to send information electronically, Grantee will be notified via email by the Council's Grant Director or the Grant Director's designee. i I City Council 16 — 150 5/19/2026 City of Santa Ana 22-I-WW*90� Page 7 of 26 I The Representatives during the term of this Agreement will be: I PROGRAM GRANTEE Business Consumer Services and City of Santa Ana,Community Development � ENTITY: Housing Agency Agency SECTIONIUNIT• Homeless Coordinating and Financing Council(HCFC) ADDRESS: 915 Capitol Mall Suite 350-A 20 Civic Cantor Plaza,M-25,Santa Ana,CA Sacramento, CA, 95814 92701 CONTRACT COORDINATOR Victor Duron Terri Eggers PHONE NUMBER: (916)510.9442 (714)647-5378 EMAIL ADDRESS: Vlotor.Duron@bcsh.ca.gov teggers a@santa-ana,org 1 All requests to update the Grantee information listed within this Agreement shall be i emailed to the HHAP Program's general email box at hhap@bcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. 6) Effective Date Term of Agreement, and Deadlines a) This Agreement is effective upon approval by the Agency(indicated by the signature provided by Agency in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties, b) This Agreement shall terminate on October 1, 2026, or upon delivery of the HHAP-3 final report required by HSC § 50223(b), whichever Is sooner. c) Grantee shall submit an application for the remainder of their HHAP-3 allocation by June 30, 2022 in compliance with HSC § 50220.7(b). 4 d) Grantee shall report on the activities funded pursuant this Agreement in the first expenditure report submitted to the Council after disbursement of the remaining funds, as required by HSC §§ 50221 and 50223. e) Grantees that are cities or continuums of care shall contractually obligate no less than 50 percent of HHAP-3 funds by May 31, 2024, If less than 50 percent is obligated after May 31, 2024, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur.- City Council 16 — 151 5/19/2026 ih;fiat i I 2ty 2 UNVO i Page 8 of 26 i 1) On or before June 30, 2024, the Grantee submits an alternative disbursement plan to HCFC that includes an explanation for the delay. 1 ii) HCFC approves the alternative disbursement plan or provides the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. iii) If the funds identified in the approved alternative disbursement plan are not-Fully expended by December 31, 2024, the funds shall be returned to the HCFC to be allocated as bonus awards. f) Grantees that are counties shall contractually obligate the full i allocation (100 percent) awarded to them by May 31, 2024. Any funds that are not contractually obligated by this date shall be reverted to the Continuum of Care that serves the county. Specific to Los Angeles County,funds that are not contractually obligated by this date shall be divided proportlonately using the HHAP-3 funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoG, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2024 are required to notify HCFC, on or before that date, of the name of the CoC(s) in which the county is served, and the arnount of program funds that will be reverted to the CoC(s). By June 30, 2024, the county shall provide HCFC with evidence that 1 the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. g) Grantees that do not meet the expenditure deadlines in HSC § 50220.7(k) shall not be eligible for bonus funding. h) HHAP-3 funds shall be expended by June 30, 2026 1) In accordance with Health and Safety Code section 50220.5, subdivision (1), HCFC retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. j i } Any funds not expended by June 30, 2026 shall be available for round 4 of the program pursuant to H S C§ 50218.7. i 7) Siggol,4111 Conditions Agency reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. I i City Council - _- -- 16— 152 5/19/2026 1ni+ial C ity Mir 22- Page 9 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement i EXHIBIT B i BUDGET DETAIL and DISBURSEMENT PROVISIONS 1) Budget Detail & Changes The Grantee agrees that HHAP-3 funds shall be expended on uses that support 1 regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be informed by a best-practices + framework focused on moving people experiencing homelessness into pen-nanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. The Grantee shall expend this initial disbursement of HHAP-3 funds on eligible activities as detailed in Health and Safety Code Section 50220.7, subdivisions (a)(4)(B), (a)(5), (o), and (f). 2) General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP-3 funds being released: • Request for Funds Form ("RFF") • STD 213 Standard Agreement form and initialed Exhibits A through F • STD 204 Payee data Record or Government Agency Taxpayer ID Form I, 3) Disbursement of Funds { HHAP-3 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Agency, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. This initial disbursement of HHAP-3 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO, Checks will be mailed to the address and contact name listed on the RFF. Grantee agrees that in order to receive the remaining balance of the allocation awarded to them pursuant HSC § 5021 8.6(a)(1), Grantee must submit an application that meets the requirements of HSC § 50220.7(b) and this application must be approved by HCFC prior to a second disbursement of funds. Additionally, Grantee will be required to enter into a separate Standard Agreement in order to receive their remaining allocation. j i City Council 16 — 153 5/19/2026 Initial i City o�- �� bb I Page 10 of 26 f 4) Expenditure of Funds- This initial disbursement of HHAP-3 funds must be spent in accordance with HSC sections 50218.6(e) and 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f), as described in Exhibit A, Section 4 "Scope of Work". a) Ineligible Costs HHAP-3 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses Identified in Health and Safety Code section 50220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f). HCFC reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. if the Grantee or its funded subrecip€ents use HHAPr3 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Agency. An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Agency by the Grantee. HCFC, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-3 fund expenditures. f Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. Reimbursements are not permitted In HHAP-3 for arty expenditures prior to the date of execution of this Agreement. I i I I I i i i City Council 16 — 154 5/19/2026 i City Q-M� 22-H Page 11 of 26 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement EXHIBIT C i GENERAL TERMS AND CONDITIONS 1) Termination and Sufficiency of Funds a) Termination of Agreement Agency may terminate this Agreement at anytime for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Agency's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Agency, any unexpended funds received by the Grantee shall be returned to Agency within 30 days ; of Agency's notice of termination. i b) Sufficiency of Funds ' This Agreement is valid and enforceable only if sufficient funds are made available to Agency by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California., or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of i this Agreement in any manner. i 2) Transfers Grantee may not transfer or assign by subcontract or novation, or by any other j means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions--Grantee$/Sub Grantee) or with the prior written approval of HCF'C and a formal amendment to this Agreement to affect such subcontract or novation. i 3) Grantee's Aonlicati2n for Funds, Pursuant to HSC § 50220.7(a)(1), Grantee is required to submit to HCFC an application for the remainder of their HHAP-3 allocation to support regional coordination and expand or develop focal capacity to address its immediate homelessness challenges. City Council 16— 155 5/19/2026 WNW City 22-Mjro� Page 12 of 26 4) 11e12orting/Audits a) Reporting Requirements i) Activities funded under this Agreement shall be reported on in the first expenditure report submitted to HCFC following the disbursement of the remaining funds. If the Grantee fails to provide such documentation, HCFC may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. ii) Grantee is also required to comply with the reporting requirements in HSC 50221 and 50223, as applicable b) Auditing Agency reserves the right to perform or cause to be performed a financial audit. { At Agency request, the Grantee shall provide, at its own expense, ra financial 3 audit prepared by a certified public accountant. HHAP-3 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions'. � i i) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Agency of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Agency to the independent auditor's working papers. ill) The Grantee is responsible for the completion of audits and all costs of preparing audits. 1v) if there are audit findings, the Grantee must submit a detailed response acceptable to Agency for each audit finding within 90 days from the date of the audit finding report. 5) ins ection and Retention of Records I a) Record Inspection HCFC or its designee shall have the right to review, obtain, and copy all records ' acid supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide HCFC, or its designee, with any relevant { information requested. The Grantee agrees to give HCFC or its designee access i to its premises, upon reasonable notice and during normal business hours, for the purpose of Interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and Prevention Program laws, the HHAP-3 program guidance document published on the website, and this Agreement. f E i f City Council 16 — 156 5/19/2026 E Initial City o j 22- - Page 13 of 26 E E In accordance with Health and Safety Code section 50220.7, subdivision (m), if upon Inspection of records HCFC Identifies noncompliance with grant requirements. HCFC retains the right to impose a corrective action plan on the Grantee. b) Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five(5)years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it. 6) Breach and Remedies a a) Breach of Agreement j Breach of this Agreement includes, but is not limited to, the following events. i 1) Grantee's failure to comply with the terms or conditions of this Agreement. lii) Use of, or permitting the use of, HHAP-3 funds provided under this Agreement for any ineligible activities. a 111) Any failure to comply with the deadlines set forth in this Agreement. s t I b) Remedies for Breach of Agreement In addition-to any other remedies that may be available to Agency in law or equity for breach of this Agreement, Agency may: 1) Bar the Grantee from applying for future HHAP funds; 11) Revoke any other existing HHAPµ3 award(s)to the Grantee; Ili) Require the return of any unexpended HHAPM3 funds disbursed under this Agreement; Iv) Require repayment of HHAP-3 funds disbursed and expended under this Agreement; v) Require the immediate return to Agency of all funds derived from the use of HHAP-3 funds v1) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-3 requirements. c) All remedies available to Agency are cumulative and not exclusive. i City Council 16 — 157 5/19/2026 Inifial City OW D17 22-H Page 14 of 26 dj Agency may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. 7) Waivers 3 No waiver of any breach of this Agreement shall be held to be a waiver of any prior ' or subsequent breach. The failure of Agency to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the Night of Agency to enforce these provisions. C 8) Nondiscrimination E During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex(gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial j of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subrecipients sha[I comply with the provisions of California's laws against discriminatory practices relating to specific groups: the. California Fair Employment and Housing Act (FEHA) (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder(Cal. Code Regs., tit. 2, § 11000 et seq,), and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government I Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Conflict of Interest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 60220.6, subdivision (1) states, " For. purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or malting funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable i City Council 16 — 158 5/19/2026 E Nnifial i City 0 OCTA O Page 15 of 26 i statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by E any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an Independent Grantee with any State agency to provide goods or services. b) Former State Employees: For the two-year period from the date he or she left i State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left: State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. c) Employees of the Grantee: Employees of the, Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or malting funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10)Drug-Free Worki)[ace Certification } Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subreciplents will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or a subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). i City Council 16— 159 5/19/2026 Initial city I LLB �wo I Rage 16 of 25 a) Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2)to inform employees, Grantees, or subrecipients about all of the following: i) The dangers of drug abuse in the workplace; 11) Grantee's policy of maintaining a drug-free workplace; iii) Any available counseling, rehabilitation, and employee assistance program; ' and lv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee anchor subrecipient that works under this Agreement: 1) Will receive a copy of Grantee's drug-free policy statement, and 11) Will agree to abide by terms of Grantee's condition of employment or subcontract. i I I Child Su port ComMilance Act For any Contract Agreement In excess of$100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that: a) The Grantee recognizes the importance of child and family support obligations j and shall fully comply with all applicable state and federal laws relating to child ' and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The Grantee,to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. i 12)Special Conditions — Grantee slSub rantee f The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Agency prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of City Council 16 — 160 5/19/2026 i City � 22-0-VO2 Page 17 of 26 i i this Agreement and the applicable State requirements governing the use of HHAP-3 funds. Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require i the Grantee and its Subgrantees, if any, to: i) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable, 11) Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. Ill) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee In performing the Work or any part of it. iv) Agree to include all the terms,of this Agreement in each subcontract. 13)Com (lance with State and Federal Laws Rules Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-3 program, the Grantee, its subrecipients, and all eligible activities. j Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, F specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to HCFC upon request, 14)Inspections i a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. b) HCFC reserves the right to Inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the l applicable federal, state and/or local requirements, and this Agreement. I i City Council 16 — 161 5/19/2026 Initial } I i 22 UO Page 18 of 26 c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected. 15)Liticiation a) If any provision of this Agreement, or an underlying obligation, is hold invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Agency, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. 'Therefore, the provisions of this Agreement are and shall be deemed severable. b) The Grantee shall notify HCFC immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Agency, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the Interests of Agency, E 1 J i i City Council 16 — 162 5/19/2026 City oW 22-H AM Page 19 of 26 Homeless Housing, Assistance, and Prevention Program Found 3 (HHAP-3) Standard Agreement EXHIBIT D SPECIAL,TERMS AND CONDITIONS 1) All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-3 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for HHAP-3-eligible activities and reported on as required by Agency. 2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities funded with HHAP-3 funds, including but not limited to emergency shelter(per HSC § 50220.7(e)(8)(17)), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Coda section 8265, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. in addition, HHAP-3 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, y Including outreach and emergency shelter, short-term interventions like rapid re- housing, and longer-term interventions like supportive housing. 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-3-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-3 funding (e.g., by creating appropriate HHAP-3-specific funding sources and project codes in HMIS). l 4) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or"HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety Code section 50220.6. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act j (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational ' necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide i i City Council 16 -- 163 5/19/2026 Initial i City of Santa Ana 22wH MMUTW Page 20 of 26 Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement. 5) grantee agrees to accept technical assistance as directed by HCFC or by a contracted technical assistance provider acting on behalf of HCFC and report to HCFC on programmatic changes the grantee will make as a result of the technical assistance and In support of their grant goals. I 6) Grantee agrees to demonstrate a commitment to racial equity and, per Section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with HCFC, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by E homelessness and COVID-19. 7) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire I people with lived experience. l i I City Council 16 — 164 5/19/2026 I lnitisrl City of Santa Ana Page 21 of 26 Homeless Housing, Assistance, and Prevention program Round 3 (HHAP,3) Standard Agreement EXHIBIT E STATIC OF CALIFORNIA GENERAL TERMS AND CONDITIONS This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017)can be viewed at the following link: httos://www.dgs.ca.gov/-/medialDivisions/OLS/Resources/GTC_April-2017- � FINALa ri12017, df?la=en&hash=3A64979F777D5B9D35309433EE81969FDO9052D2 In the Interpretation of this Agreement, any inconsistencies between the State of California General Terms and Conditions (GTC - 0412017) and the terms of this Agreement and its exhibits/attachments shall be resolved In favor of this Agreement and its exhibitslattachments. I i City Council 16 — 165 5/19/2026 IniFi�! City of Salta Ana Page 22 of 26 Homeless Housing, Assistance, and Prevention Program Found 3 (HHAP-3) Standard Agreement EXHIBIT F STANDARD AGREEMENT TO APPLY � F 1 I 1 1 1 a i l� 1 i i f� i s City Council 16 — 166 5/19/2026 Inlfiial � City of Santa Ana Business,Consumer Services and Housing Agency 1-104EE55 CCICIRIFtG' of 26 Gavin Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCING COUNCIL Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement to Apply HHAP-3 funding is provided pursuant to Health &Safety Code 50220.7(a) and requires all eligible applicants to submit this Standard Agreement to Apply no later than 5:00pm on October 15,2021. In this agreement, applicants must indicate whether they intend to apply for HHAP-3 funding jointly with an overlapping jurisdiction or apply as an individual entity. For any eligible applicant who does not submit an agreement by the deadline, HCFC may choose to re-allocate the applicant's allocation to an overlapping jurisdiction!. Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly applying jurisdictions as the Administrative Entity which will enter into contract with the HCFC to administer the combined allocations of the joint applicants. Applicants may only apply jointly with a Continuum of Care (CoC), large city, or county that serves an overlapping region.The Administrative Entity is required to submit a binding resolution or agreement that designates a single Administrative Entity for the combined allocations and an explanation of how the jointly applying applicants will administer the funds allocated to them pursuant to this section.This binding resolution or agreement must be signed by the authorized representatives of all applicants and must be submitted with the signed HHAP-3 Initial Disbursement Contract for Funding,separate from the Standard Agreement to Apply. By submitting this form,you agree to participate in the HHAP-3 application process as Indicated below and comply with all requirements as set forth In Health and Safety Code 50220.7. APPLICATION SUBMISSION INFORMATION ALL APPLICANTS: Eligible Applicant Jurisdiction 0 Large City: Santa Ana County: El Continuum of Care: CoC Number: Administrative Entity: City of Santa Ana Contact Person: Terri Eggers Title. Homeless Services Division Manager Contact Phone Number: 714-647-5378 Contact Email Address: teggers@santa-ana.org Individual or Joint Application Designation: 0 The City of Santa Ana will submit an individual application for HHAP-3 funding ❑ will submit a joint application for HHAP-3 funding with the following overlapping jurisdiction(s): f For the purposes of the HHAP program, overlapping jurisdictions are eligible applicants that are located within the some geographic area as the local CoC. HHAP-3 Agreement to Apply Pt�Ile�eed 9f� 7—8M City Council 16 — 167 5/19/2026 Ini4ini AN212- Q Page 24 of 26 Jurisdiction Name Applicant Type (County, CoC, ar City) City of Sonta Ana City JOINT APPLICANT'S ONLY: Fund Disbursement/Contract Execution The jointly oppiying jurisdictions designate the followit-fg jurisdiction as the Administrative Entity of the total.combined allocations and acknowledge that the Administrative Entity will enter intp legal agreement with HCFC acid receive any disbursements for which the jointly applying jurisdictions may be deemed eligible. Administrative Entity, E]Goc C]Lorge City []County Name of Applicant: _ Joint Applicants agree to the following. 1. Joint Applicants must designate a single Administrative i~ntity to receive the entire,combined HHAP 3 allocations. 2. The Administrative Entity must be a CoC., lame city(if applicable), or county that serves th'e same region. 3. The Administrative Entity receiving allocatlons on behalf of.joint applicants shall use the funds In the jurisdictions) entitled to the funds or to provide regional housing or services that serve the population living in each of the jurisdlctlon(s) eritifled to the funds. 4. The Administrative Entity Is responsible for complying with all program expenditure requirements and deadlines for the total combined allocations it is administering, 5. The Administrative Entity must enter Into a binding resolution or cagreemenf with joint applicants to designate the Administrative Entity for the combIned allocations which includei an explanatlon of how the jointly applying applicants will administer the funds allocated to them.This binding resolution or agreement must be signed by authorized representatives and will be included with.the contract for funds. & The HHAP 3 joint application w1U clearly identify the intended use of all the funds from each jointly applying jurisdiction. 7. The HHAP-3 joint application will clearly describe In detail the collaboration between the jointly applying jurisdictions and an explanation of how the jointly applying jurisdictions will partner to meet their program goals, 8. The performance goals set in the HHAP-3 joint application will be used to determine the joint applicants' eligibility for future bonus funding. HHAP-3 Agreement to Apply 2 rVip"CoWn'9741 16 — 168 5/19/2026 Initial City of Santa Ana 22-FPKPJ?dGT0� Page 25 of 26 HHAP-3 APPLICATION REQUIREMENTS Application Requirements-ALL APPLICANTS: By initialing below, the eligible applicant(s) acknowledges their intent to participate in the HHAP-3 application process as follows: 14 the eligible applicant(s) will receive an Initial disbursement equaling no more than 20% (or 25% for jointly applying applicants) of their total allocation if this Agreement to Participate is submitted by 5:00pLm on October 15, 2021 per HSC 50220.7(a)(4)(A)(it). ',�'i Initial funds may be used to complete the local homeless action plan, as required by HSC 50220.7(b)(3)(A), including paying for any technical assistance or contracted entities to support the completion of the homelessness action plan. As stated in HSC § 50220.7(a)(5), priority for initial funds, above the costs of completing the homelessness action plan, shall be for systems improvement, including, but not limited to, all of the following: (A) Capacity building and workforce development for service providers within the jurisdicfion, including removing barriers to contracting with culturally specific service providers and building capacity of providers to administer culturally specific services. (B) Funding existing evidence-based programs serving people experiencing homelessness. (C) Investing in data systems to meet reporting requirements or strengthen the recipient's Homeless Management Information System. (D) Improving homeless point-in-time counts. (E) Improving coordinated entry systems to eliminate racial bias or to create a youth- specific coordinated entry system. To receive the remaining balance of its round 3 program allocation, an applicant shall submit an application to the council by June 30, 2022, that includes a local homelessness action plan and specific outcome goals in accordance with the requirements laid out in HSC § 50220.7(b). �[- The applicant shall engage with the council on its local plan and outcome goals before submitting a complete application, per HSC § 50220.7(b)(1). Jf� For city, county, and continuum of care applicants, local homelessness action plans pursuant to HSC § 50220.7(b)(3)(A) and outcome goals pursuant to HSC § 50220.7(b)(3)(C) shall be agendized at a regular meeting of the governing body, including receiving public comment, before being submitted to the council, per HSC § 50220.7f b)(2). jb A complete appl€cation shall conform to the requirements laid out in HSC § 50220.7(b)(3). FORM CONTINUES ON PAGE 4 HHAP-3 Agreement to Apply 3 ULI I y Flsn oun I 16 — 169 5/19/2026 Initial City of Santa Ana 22-i- 4JQTo� Page 26 of 26 HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION ALL APPLiCANTs: Instructions, Please fill out the information below, which is needed to process your HHAP Round 3 (HHAP-3) Initial award disbursement: Administrative Entity/Contracting Agency Name t arge City/City of Santa Ann, Community Development Agency Administrative.Entity/Contracting Agency Business Address 20 Civic Center Plaza, Santa Ana, M-26, CA 92701 Contract Manager Name Terri Eggers Contrac-t Manager Email Address teggersfga santa-ana.org Contract Manager Phone Number 714-647-5378 Award Check Mailing Address (Include "Attention to," It applicable) City of Santa Ana Community Development Agency, 20 Civic Center Plaza, M-25, Santa Ana, CA.92701 For grantees who have previously contracted with BOSH, in order to reduce the amount of paperwork needed to process your HHAr-a Aware,., HCFC Is offering the opportunity to use the 'fax ID Farris (Govern'rrment Taxpayer ID Farm for governmental entities or STIQ 204 Form for non- governmental entities-) and/or Authorized.Signatory. Form currently on file with HCFC for HHAPY3 award disbursements.You may revoke these authorizations by submitfing an updated Tax ID Form or Authorized Sigrfatory Form to hhap@bcsh.ca.gov. I Select one: OThe Information on the Tax ID Form used for the HHAP-2 award disbursement is accurate, and I am authorizing HCFC to use the previously submitted form for the HHAP-3 Initial award disbursement El I have.Included a new Tax ID Form for the initial HHAP-3 award disbursement Select one: 0The Information on the most recent Authorized'Signatory Farm on file with HCFC Is accurate, and I.am authorizing HCFC to use the form on file for HHAP-3 CI I have included a new authorized signatory fora for HHAP-3 CERTIFICATION I certify that the signature*below is authorized to sign far all applicable documents for the HHAP-3 grant on behalf of the Eligible Applicant Jurisdiction listed above. Kristine Ridge, City Manager Name and Title of Authorized Representative 9116/21 Signature. of Authorized Representative Bate HHAP-3 Agreement to Apply 4 i y oun i 16 -- 170 5/19/2026 InithAl EXHIBIT 2 STATE 0r CALIFORNIA-DEPARTMIENT OF GENERAL SERVICS E -AG'SEEMENt NOM15M WMINGAUTHORITYMUMIJERWAP I ey STANDARD AGREEMENT PICA[ STD 21 3.(RW"J042020) 27HHAR 20004 POR tbWki'MG MENCY NAME . ...... N5.!nessi'mConsumer Services Adjd Housing Ago.ocy C6,41106ft NkME tity of Santa Ana,Cam unity. DeivelQpment Agency 7'Th'a term Of lhl AqresMontlw START RATE T'i ........L-'.� Upon RCM approval rHMLJG WFATF: .......... 3,1-he-maximunt amount of this Agroarrient tp: $8,M,2911.35.(Eight Million Two Rundrad Thirty Two Thorusand'Two Hundred Eighty One Dollam and Thirty FW.Cents) IT e parties agree t6 ebrn ply—with the i&_m-as 46—d—whalffoM-6,R7h_e7o_ffo_w1qq 61)bits,whir,h'are by Ki referen re&4deT��Tt of Agreement,' ....... ....... Exhlbb T Uj q Fag s 4:Eyhl bl't A, Aqthortt�,Purpose 4!nd$cQpq 4 W.6rk .Cx'hIbit 8, Budget Detail-and aCsburserrtent.P'roVjsjotS 2 FOIRK Hoffielesscoordipat1hy.an-d Finandng,Cowell Geoeral Terms and Conditions ..1 imloo win k 1 "Exhibit 0 1 $Ojadal Terms abd.Condftlons Ekh I b1t. %te df Qpfifprnl-a General Terms and Canditrons: "Ekhlbjt F Standard Agreement tcf Apply 5 00 L M. OT, jq�jf jF FaTe F0 rV re .7N.Sq_00cumeh ts con be Ylowd P WP_S"//Wwvw'!LgS'eo,go VIOLSIkespareeA.. A M E TO.YA-1—�:l�ti—VE$5;WHERrOF,'THISAGRE,EM.EN7-tiAS MEN iWECUFtbBff RTIN5 .............. NNTRA ............ 7'()Ni7RACbQ'9 W AM 6 Cd 0_tR than ari lncliulclud,stati'wl..4th r a garPOM60%pa-rinorship,eEc) City ofsantar Ana,,.CoMmL.In1by DeVelo�rnant Ageftq 0NTkAC17]R_'QSINOS.S. ObItFS.r, IrY J#A.Th '117tP '.2,0.1 Civic. .-..Center Plaza,M-4 .5a n ta Ana ]CA -.9,2701: PRIN'11'6t)NAW OF PEAWN dNING TITLE 'Teerl Eggers :Homeless Services DIVIMun Manager DATE S(GNED j City Council 16- 171 5/19/2026 STATE OF CALIFORNIA-DEPARTMENT OF GENERAL SERVICES EXHIBIT 2 STANDARD AGREEMENT AGREEMENTNUMBER PURCHASING AUTHORITY NUMBER;iFApp)icable) 5TID 213(Rev,04/2020) 22-HHAP-20004 010725 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Business,Consumer Services and Housing Agency CONTRACTING AGENCYAODRESS CITY STATE ZIP 500 Capitol Mall,Suite 1850 Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Lourdes Castro Ramirez Secretary CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED i/Qyf&st€ Jan lq, 20�.3 Lourdes Cao Ramirez[Jan 10,20231144 PST) CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION(IF Applicable) City Council 16 — 172 5/19/2026 ty 22- 1ft- tz 1 of 28 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement Remainder Disbursement Contract for Funds EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1) Authority The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 3 ("HHAP-3" or "Program") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4. (AB 140) Effective July 19, 2021.) The Program is administered by the California Interagency Council on Homelessness ("Cal ICH") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-3 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness. This Standard Agreement/Remainder Disbursement Contract for Funds along with all its exhibits ("Agreement") is entered into by Cal ICH and a Continuum of Care, a city, or a county ("Grantee") under the authority of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose The general purpose of the Program is to continue to build on regional coordination developed through previous rounds of funding of the Homeless Housing, Assistance, and Prevention Program (Chapter 6 (commencing with Section 50216)), the program established under this chapter, to reduce homelessness. This funding shall: a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness. b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together: Guide to-Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness to assist in using funding strategically for their planning City Council 16 — 173 5/19/2026 Ini+i-ml City o 22-H 2QD 2of28 efforts in the delivery of services to people experiencing homelessness in the community, c) Be deployed with the goal of reducing the number of people experiencing homelessness in a given region through investing in long-term solutions, such as permanent housing, d) Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. In accordance with the authority cited above, an application was submitted by the � Grantee for the remainder disbursement of HHAP-3 funds to be allocated to the Grantee pursuant to Health and Safety Code 50220.7(a)(4)(A). 3) Definitions The following HHAP-3 program terms area defined in accordance with Health and Safety Code section 50216, subdivisions (a) - (r): a) "Agency" means the Business, Consumer Services, and Housing Agency. y b) "Applicant" means a Continuum of Care, city, or county or tribe. c "City" means a city or city and count that is legally incorporated to provide local ) Y Y Y Y g y � p government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d) "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations. e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578.7 of Title 24 of the Code of Federal. Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool f) "Council" means the California Interagency Council on Homelessness, formerly g f known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and lnstitutions Code. City Council 16 -- 174 5/19/2026 I Ini+im[ 1 City of Santa Ana 22-HgXK91304o 3 of 28 g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801. i E h) "Homeless"has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. 4) "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database by a victim services provider or legal services provider that is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations. ,j) "Homeless point4n-time count" means the 2019 homeless point-in-time count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations. A jurisdiction may elect to instead use their 2017 point-in-time count if they can demonstrate that a significant methodology change occurred between the 2017 and 2019 point-in-time counts that was based on an attempt to more closely align the count with HUD best practices and undertaken In consultation with HUD representatives. A jurisdiction shall submit documentation of this to the Cal ICH by the date by which HUD's certification of the 2019 homeless point-in-time count is finalized. The Cal ICH shall review and approve or deny a request described in the f previous sentence along with a jurisdiction's application for homeless funding. 'i E k) "Homeless youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). "Homeless youth" includes unaccompanied youth who are I pregnant or parenting. 1) "Housing First" has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the care components listed therein, m) "Jurisdiction" means a city, city that is also a county, county, or Continuum of Care, as defined in this section. n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. o) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter. City Council 16— 175 5/19/2026 Initial City 22- _U 9 4 of 28 1) "mound 1"of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2019. 2) "Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. 3) "Round 3" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021 . 4) "Round 4"of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2022. p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges, q) "Recipient" means a jurisdiction that receives funds from the Cal IC for the purposes of the program. r) "Tribe" or"tribal applicant"' means a federally recognized tribal government pursuant to Section 4103 of Title 25 of the United States Code. Additional definitions for the purposes of the HHAP-3 program: "Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-3 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the statutory deadlines set forth in this Exhibit A. "Expended" means all HHAP-3 funds obligated under contract or subcontract have been fully paid and receipted, and no Invoices remain outstanding. 4) Scope of Worl The Scope of Work ("Work") for this Agreement shall include uses that are consistent with Health and Safety Code (HSC) section 50218.6, subdivision (e), and section 50220.7, subdivisions (a)(4)-(5) & (Or and any other applicable laws. By accepting these funds, the Grantee acknowledges that the remainder disbursement of funds is a portion of their total allocation under the HHAP-3 Program, to be used solely for the purposes outlined below. The Grantee shall expend funds on evidence-based programs serving people I experiencing homelessness among eligible populations, including any of the following eligible uses; a) Rapid rehousing, including rental subsidies and incentives to landlords, such as j security deposits and holding fees. City Council 16 — 176 5/19/2026 In if!al ty 2'2-H &D 5 of 28 b) Operating subsidies in new and existing affordable or supportive housing units, i emergency shelters, and navigation centers. Operating subsidies may include operating reserves. c) Street outreach to assist persons experiencing homelessness to access permanent housing and services. d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing, e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions. I 1 g) Prevention and shelter diversion to permanent housing, including rental subsidies. h) Interim sheltering, limited to newly developed clinically enhanced congregate { shelters, new or existing noncongregate shelters, and operations of existing ' navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following; i) The number of available shelter beds in the city, county, or region served by a Continuum of Care. ii) The number of people experiencing unsheltered homelessness in the homeless point-in-time count. i ill) Shelter vacancy rate in the summer and winter months, iv) Percentage of exits from emergency shelters to permanent housing solutions. v) A plan to connect residents to permanent housing. vi) Any new interim sheltering funded by HHAP-3 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters. j i i) Improvements to existing emergency shelters to lower barriers and increase privacy. f City Council 16— 177 5/19/2026 !nifini City of Santa Ana 22-HqAKRl6T0, 6 of 28 In addition to the funding use requirements described above, the Grantee's expenditure of its entire HHAP-3 allocation must also comply with the following: a) At least 10 percent of the funds shall be spent on services for homeless youth populations, b) Not more than 7 percent of funds may be used for administrative costs incurred i by the city, county, or continuum of care to administer its program allocation. For >. purposes of this Agreement, "administrative costs" does not include staff or other costs directly related to implementing activities funded by the program allocation. n 5) Cal ICH Contract Coordinator The Cal ICH's Contract Coordinator for this Agreement is the Council's Grant Director or the Grant Director's designee. Unless otherwise instructed, any notice, l! report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Cal ICH Contract Coordinator. If there are I opportunities to send information electronically, Grantee will be notified via email by the Council's Grant Director or the Grant Director's designee-, E The Representatives during the term of this Agreement will be. a e PROGRAM GRANTEE i Y ENTITY: Business Consumer Services and City of Santa Ana,Community Housing Agency Development A enc I a California Interagency Council on i SECTIONlUNIT, Homelessness (Cal ICH) 1 ADDRESS: 915 Capitol Mall Suite 350-A 2a Civic Center Plaza, M-25, Santa Sacramento, CA, 96814 Ana, CA 92701 CONTRACT Victor Duren Terri Eggers COORDINATOR PHONE NUMBER: (916)510-9442 (714) 647-5378 EMAIL ADDRESS: Victor.Duron@Dbcsh,ca.gov teggers0santa-ana,org All requests to update the Grantee information listed within this Agreement shall be emailed to the HhIAP Program's general email box at hhapObcsh.ca.gov. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee. j City Council 16 — 178 5/19/2026 3, Initial i I ty 2f2-U , - D i 7 of 28 6) Effective Data Term of Agreement, and Deadlines a) This Agreement is effective upon approval by Cal ICH (indicated by the signature provided by Cal ICH in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. i b) This Agreement shall terminate on December 31, 2026. c) Grantees that are cities or continuums of care shall contractually obligate no less j than 50 percent of HHAP-3 funds by May 31, 2024. If less than 50 percent is obligated after May 31, 2024, continuums of care and cities shall not expend any remaining portion of the 50 percent of program allocations required to have been obligated unless and until both of the following occur: i) On or before June 30, 2024, the Grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay. ii) Cal ICH approves the alternative disbursement plan or provides the Grantee with guidance on the revisions needed in order to approve the alternative disbursement plan. E iii) If the funds identified in the approved alternative disbursement plan are not fully expended by December 31, 2024, the funds shall be returned to the Cal ICH to be allocated as bonus awards, d) Grantees that are counties shall contractually obligate the full allocation (100 percent) awarded to them by May 31, 2024. Any funds that are not contractually obligated by this date shall be reverted to the Continuum of Care that serves the county, Specific to Los Angeles County, funds that are not contractually obligated by this date shall be divided proportionately using the HHAP-3 funding allocation formula among the four CoC's that serve Los Angeles County: City of Glendale CoC, City of Pasadena CoC, the City of Long Beach CoC, and the Los Angeles Homeless Services Authority. Counties not obligating their full program allocation by May 31, 2024 are required to notify Cal ICH, on or before that date, of the name of the CoC(s) In which the county is served, and the amount of program funds that will be reverted to the CoC(s). By June 30, 2024, the county shall provide Cal ICH with evidence that the funds were transferred and submit an updated budget that clearly identifies the funds that were transferred. e) Grantees that do not meet the expenditure deadlines in HSC 50220.7(k) shall not be eligible for bonus funding, � hIHA P 3 funds shall be expended by.June 30, 2026. 7 i City Council 16 -- 179 5/19/2026 Ittii+ial . i City JWa 22- a 8 of 28 g) In accordance with Health and Safety Code section 50220.5, subdivision (1), Cal iCH retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. h) Any funds not expended by June 30, 2026 shall be available For round 4 of the program pursuant to HSC § 50218.7. 1 i) Bonus Funds; Health and Safety Cade section 50220.7 mandates the following, regarding a recipient's eligibility for Bonus Funding; 1) Recipients that do not meet the obligation requirements laid out in Health and j Safety Code section 50220.7(k)(1) shall not be eligible for bonus funding; is) Recipients shall demonstrate no later than June 30, 2024, whether they have successfully met their outcome goals; and Jurisdictions that have not met their outcome goals shall not be eligible for bonus funding and shall accept technical assistance from council staff. In addition,jurisdictions that have not met their outcome goals may also be required to limit allowable uses of I program funds, as determined by the Council. i fli) If recipient receives bonus funding, the bonus funds will be distributed as an � amendment to this contract. No additional contract will be executed, 7) Speciall Conditions Cal ICH reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved. I 3 �I l I City Council 16— 180 5/19/2026 Initial i i City rr� 22-WW01 9 of 28 Homeless Housing,Assistance, and Prevention Program Round 3 (HHAP-3) i Remainder !Disbursement Standard Agreement EXHIBIT B BUDGET DETAIL. and DISBURSEMENT PROVISIONS 1) Budget Detail & Chancres � The Grantee agrees that HHAP-3 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be Informed by a best-practices framework focused on moving people experiencing homelessness into permanent housing and supporting the efforts of those individuals and families to maintain their permanent housing. i i The Grantee shall expend the remainder disbursement of HHAP-3 funds on eligible l activities as detailed in Health and Safety Code Section 550220.7, subdivisions (a)(4)(B), (a)(5), (e), and (f). I 2) General Conditions Prior to Disbursement All Grantees must submit the following forms prior to HHAP-3 funds being released: 5 • Request for Funds Form ("RFF") • STD 213 Standard Agreement form and initialed Exhibits A through F • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursement of Funds Remainder Disbursement HHAP-3 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO). i The RFF must include the proposed eligible uses and the amount of funds proposed i for expenditure. The remainder disbursement of HHAP-3 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. Bonus Funds Disbursement If Bonus Funds are received pursuant the requirements laid out in Health and Safety Code section 50220.7 Bonus Funds will be disbursed to the Grantee upon receipt, review and approval of the completed Amended Standard Agreement 3 1 City Council 16— 181 5/19/2026 i Ini1'ial City o �, 22-HODD 10 of 28 and RIFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO). The RFF must include the proposed eligible uses and the amount of Funds proposed for expenditure. The Bonus Funds disbursement of HHAP- 3 Funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF. 1 4) Ex endituro of Funds The remainder disbursement of HHAP-3 funds must be spent in accordance with HSC sections 50218.6(e) and 50220.7, subdivisions (a)(4)(13), (a)(5), (e), and (0, as described in Exhibit A, Section 4 "Scope of Work". 5) llll "ble a a) HHAP-3 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.7, subdivisions (a)(4)(13), (a)(5), (e), and (f). b) Cal ICH reserves the right to request additional clarifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-3 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH. c) An expenditure which is not authorized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Cal ICH by the Grantee. Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-3 fund expenditures. d) Program funds shall not be used to supplant existing local funds for homeless 1 housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program. However, if Funds previously supporting a service or project end or are reduced for reasons beyond the control of the grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program. Examples include, but are not limited to, a time- limited city and/or county tax or one-time block grant, such as HEAP. E e) HHAP-3 remainder disbursement funds may only be used to cover expenditures incurred no earlier than July 1, 2022. Unless expressly approved by Cal ICH in ! writing, reimbursements prior to July 1, 2022 are not permitted. City Council 16-- 182 5/19/2026 (ni�ia) I City of SWJdT0 na 22-I- t 11 of 28 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Remainder Disbursement Standard Agreement EXHIBIT C � i GENERAL TERMS AND CONDITIONS � 1) Termination and Sufficiency of Funds a) Termination of Agreement Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days'notice of termination, in writing, to the Grantee, Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Cal ICH's it authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH's notice of termination. i b) Sufficiency of Funds This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is l subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other- laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State j of California governments, which may affect the provisions, terms or funding of this Agreement in any manner. 1 2) TrAnsfers Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, j except as allowed within Exhibit C Section 12 (Special Conditions- Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novation. 3) Grantee's Application for Funds Grantee has submitted to Cal ICH an application for HHAP-3 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges, Cal ICH is entering into this Agreement on the basis of Grantee's facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP Change bequest Process and are subject to approval by Cal ICH, i i City Council 16— 183 5/19/2026 j Ini1i�) � I ty 2N2 0 12 of 28 Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge, In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect ! Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such remedies as are legally available. 4) RepartinglAudits a) Annual Reports By January 1, 2023, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Cal ICH in a format provided by Cal ICH. Annual Reports will include a request for data on expenditures and people served with HHAP-3 funding, details on specific projects selected for the use of HHAP-3 funding, and data regarding the progress towards outcome goals. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than October 1, 2026, the Grantee shall submit a final report, in a format provided by Cal ICH, as well as a detailed explanation of all uses of the Program funds, b) Quarterly Expenditure Reports In addition to the annual reports, Cal ICH requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to Cal ICH on a form and method provided by Cal ICH that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information Cal ICH deems appropriate or necessary. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. c) Reporting Requirements i) Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50223, subdivision (a). This information includes the following, as well as any additional Information deemed appropriate or necessary by Cal ICH: (1) Data collection shall include, but not be limited to, information regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes, E City Council 16 -- 184 5/19/2026 NnNhiaN 1 city 13of28 (2) The performance monitoring and accountability framework shall include clear metrics, which may include, but are not limited to, the following: (a) The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding. (b) Facial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders. (c) Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies, advocates, service providers, and the Legislature, (3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes. Data shall include progress towards meeting the grantee's outcome goals. If significant progress toward outcome goals has not been made, the applicant shall: (a) Submit a description of barriers and possible solutions to meet those barriers (b)Accept technical assistance from Cal ICH (c) Include the progress towards outcome goals in all subsequent quarterly reports, until significant progress is made as deemed by Cal ICH 11) Expenditure Report: The expenditure report shall contain data on expenditures of HHAP-3 funding including but not limited to obligated funds, expended funds, and other funds derived from HHAP-3 funding. iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may be required to include a plan to fully expend HHAP-3 grant funding. This plan must be submitted with the quarterly expenditure report in a format-to be provided by Cal ICH. iv) Cal ICH may require additional supplemental reporting with written notice to the Grantee. € I I I City Council 16 — 185 5/19/2026 i lnifia! city a 22-=WD 14 of 28 v) Grantee may, at their discretion, fully expend their HHAP-3 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal reports after the quarter in which their allocation was fully expended, i I d) Auditing i Cal ICH reserves the right to perform or cause to be performed a financial audit. At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-3 administrative funds may be used to fund this expense, Should an audit be required, the Grantee shall adhere to the following conditions. 1) The audit shall be performed by an independent certified public accountant. ii) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of I preparing audits. iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report. 5) 113spegtiun and,aetengon.o_f agcords r a) Record Inspection Cal ICH or its designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably t have information related to such records, and of inspecting and copying such i books, records, accounts, and other materials that may be relevant to i an investigation of compliance with the Homeless Housing, Assistance, and i Prevention Program laws, the HHAP-3 program guidance document published on the website, and this Agreement. i In accordance with Health and Safety Code section 50220.7, subdivision (m), if upon inspection of records Cal ICH identifies noncompliance with grant requirements, Cal ICH retains the right to impose a corrective action plan on the Grantee. City Council 16 — 186 5/19/2026 ini#ial City of Sant 22,"OJW� 15 of 28 b) Record Retention The Grantee further agrees to retain all records described in subparagraph A for a minimum period of five(5)years after the termination of this Agreement. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it, i i 6) Breach and.R ea a) Breach of Agreement j Breach of this Agreement includes, but is not limited to, the following events; i i) Grantee's failure to comply with the terms or conditions of this Agreement. ii) Use of, or permitting the use of, HHAP-3 funds provided under this Agreement for any ineligible activities, i I!I) Any failure to comply with the deadlines set forth in this Agreement. ' b) Remedies for Breach of Agreement 1 In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may: i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HI-IAP-3 award(s) to the Grantee; iii) Require the return of any unexpended HHAP-3 funds disbursed under this Agreement; iv) Require repayment of HHAP-3 funds disbursed and expended under this 11 i Agreement; # v) Require the immediate return to Cal ICH of all funds derived from the use of I HHAP-3 funds I vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in i accordance with HHAP-3 requirements. c) All remedies available to Cal ICH are cumulative and not exclusive. d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days, I i City Council 16 — 187 5/19/2026 inifini I City 22-�n o 16 of 28 7) WaiiMs No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions. { 8) No, ndiscrliMina-119� During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancertgenetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. j Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act (F'EHA) (Gov. Code, § 12900 et seq.); the regulations promulgated thereunder (Cal, Code Reds., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139,5), Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 9) Canfllct gf inteiest All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220,5, subdivision (i) states, " For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or malting funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation For holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411. I i City Council 16 — 188 5/19/2026 I Initial i City n 22-h-w0 17 of 28 a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall E contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services. b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period , prior to his or her leaving State service. c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code, § 81000 et seq.). d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) Drug-Free Workplace.Certification Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subrecipients will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1). City Council 16 — 189 5/19/2026 Initial 1 i 21204 18of28 a) Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following: i) The dangers of drug abuse in the workplace; ii) Grantee's policy of maintaining a drug-free workplace; 1 i M) Any available counseling, rehabilitation,and employee assistance program; E and iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations. b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement: i) Will receive a copy of Grantee's drug-free policy statement, and li) Will agree to abide by terms of Grantee's condition of employment or subcontract. i 11) Ghild Sur2port Co cf For any Contract Agreement in excess of$100,000, the Grantee acknowledges In accordance with Public Contract Code 7110, that: a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter$ (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The Grantee, to the best of Its knowledge is fully complying with the earnings I assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 12) Special Conditions— Grantees/Sub ra�ntee The Grantee agrees to comply with all conditions of this Agreement including ! the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-3 t i City Council 16 — 190 5/19/2026 Initial City of Santa, Ana f 22-I- �� fiTo 19 of 28 funds. Failure to comply with these conditions may result in termination of this Agreement. a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to; i) Perform the work in accordance with Federal, State and Local housing and ; building codes, as applicable. ii) Maintain at least the minimum State-required worker's compensation for j those employees who will perform the work or any part of It. i iii) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person,firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. T iv) Agree to include all the terms of this Agreement in each subcontract, 13) Compliance with State and Federal Laws Rules,„Guidelines and Regulations 1 The Grantee agrees to comply with all state and Federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable andlor related to the HHAP-3 program, the Grantee, its subrecipients, and all eligible activities. Grantee shall also be responsible for obtaining any and all permits, licenses, and 1 approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities, Grantee shall be responsible for observing and complying with any i applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, ; procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits and approvals to Cal ICH upon request. i '14) Inspections a) Grantee shall inspect any work performed hereunder to ensure that the work is 1 being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. b) Cal ICH reserves the right to inspect any work performed hereunder to ensure � that the work is being and has been performed in accordance with the applicable federal, state andlor local requirements, and this Agreement, City Council 16 — 191 5/19/2026 Irri#iaf . City of Santa A a 22-H� )I42 20 of 28 c) Grantee agrees to require that all work that is determined based on such inspections not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it is corrected, 15) LWOaft a) If any provision of this Agreement, or an underlying obligation, is held invalid by a i court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore,the provisions of this Agreement are and shall be deemed severable. b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH. i .l i i II EI f f I f f F City Council 16— 192 5/19/2026 Inl'Mial i City 2V� 2� p i 2"1 of 28 f Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Remainder Disbursement Standard Agreement F EXHIBIT D SPECIAL TERMS AND CONDITIONS {hh i 1) All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-3 funds, along with any Interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-3 funds, must be used for HHAP-3-eligible activities and reported on as required by Cal ICH. 2) Per Health and Safety Code Section 50220.7 (g), any housing-related activities funded with HHAP-3 funds, including but not limited to emergency shelter (per HSC § 50220,7(e)(8)(F')), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any Other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used, In addition, HHAP-3 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions like rapid re- housing, and longer-term interventions like supportive housing. 3) Grantee shall utilize its local Homeless Management Information System (HMIS) to track HHAP-3-Funded projects, services, and clients served, Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-3 funding (e,g., by creating appropriate HHAP-3-specific funding sources and project codes in HMIS). 4) Grantee shall participate in and provide data olements, including, but not limited to, health information, in a manner consistent with Federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS% in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and ' Safety Code section 50220.6. Any health information provided to, or maintained within, the statewide Homeless Management Information System shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information," as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational � necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide i City Council 16 — 193 5/19/2026 Initial i I City H4WAbt 22 22 of 28 Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the purpose of this Agreement and the existing Data Use Agreement. 5) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals. 6) Grantee agrees to demonstrate a commitment to racial equity and, per Section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial diisproportionality in homeless populations and, in partnership with Cal ICH, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, f..atinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19. 9 7) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and implementation, including through opportunities to hire people with lived experience. E l i I 1 i I I I City Council 16 — 194 5/19/2026 inifi�l E E City of Santa Ana 22-I-�(pld�llQb� 23 of 28 Remainder Disbursement Standard Agreement EXHIBIT E STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS i This exhibit is incorporated by reference and made part of this agreement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link: E https:l/www.dgs.ca.goy/-/media/Divisions/OLS/Resources/GTC—AApril-20�77- �'lIVALapri12017.pdf7ia�en&hash 3AIa4979 F 7 7 7 D5�9 Q35309433 E E819691=D69D52 D2 In the interpretation of this Agreement, any inconsistencies .between the State of California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibitslattachments, j I i E E i E F F City Council 16 — 195 5/19/2026 Initial l City of Sane Ana 22-HMFMCRAR Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-44 of 28 Standard Agreement EXHIBIT I STANDARD AGREEMENT TO APPLY i i I I I f F f z s I F i I J}� i 3 1 City Council 16-- 196 51j2=6 Ini#ial City of Santa Ana Business,Consumer Services and Housing Agency HOMELESS COORI?INATIlof 28 Gavin Newsom,Governor I Lourdes M.Castro Ramirez,Secretary AND FINANCING COUNCIL Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Standard Agreement to Apply HHAP-3 funding is provided pursuant to Health &Safety Code 50220.7(a) and requires all eligible applicants to submit this Standard Agreement to Apply no later than 5:00prn on October 15,2021. In this agreement,applicants must indicate whether they intend to apply for HHAP-3 funding jointly with an overlapping jurisdiction or apply as an individual entity. For any eligible applicant who does not submit an agreement by the deadline, HCFC may choose to re-allocate the applicants allocation to an overlapping jurisdiction 1. Eligible applicants applying jointly with an overlapping jurisdiction will designate one of the jointly applying jurisdictions as the Administrative Entity which will enter into contract with the HCFC to administer the combined allocations of the joint applicants. Applicants may only apply jointly with a Continuum of Care (CoC), large city, or county that serves an overlapping region.The Administrative Entity is required to submit a binding resolution or agreement that designates a single Administrative Entity for the combined allocations and an explanation of how the jointly applying applicants will administer the funds allocated to them pursuant to this section.This binding resolution or agreement must be signed by the authorized representatives of all applicants and must be submitted with the signed HHAP-3 Initial Disbursement Contract for Funding, separate from the Standard Agreement to Apply. By submitting this form,you agree to participate in the HHAP-3 application process as Indicated below and comply with all requirements as set forth in Health and Safety Code 50220.7. APPLICATION SUBMISSION INFORMATION ALL APPLICANTS: Eligible Applicant Jurisdiction ❑J Large City: Santa Ana ❑County: ❑ Continuum of Care: CoC Number: Administrative Entity: City of Santa Ana Contact Person: Terri Eggers Title: Homeless Services Division Manager Contact Phone Number: 714-647-5378 Contact Email Address: teggers@santa-ana.org individual or Joint Application Designation: 0 The City of Santa Ana will submit an individual application for HHAP-3 funding ❑ will submit a joint application for HHAP-3 funding with the following overlapping jurisdiction(s): z For the purposes of the HHAP program,overlapping jurisdicfions are eligible applicants that are located within the some geographic area as the local CoC. HHAP-3 Agreement to Apply Pdblee#7ea 9 04 5fp9 City Council 16 — 197 5/19/2026 Inifini City of Santa Ana 26 of 28 Jurisdiction Name Applicant Type (County,CoC, or City) City of Santa Ana City JOINT APPLICANTS ONLY: Fund Dltbursement/Contract Execution The Jointly applying jurisdictions designate;the following jurisdiction as the Adminisfrative Entity of the totdl combinoct_allocatigns and acknQwleOge that the Administrative Entity will enter into legal agreement with HCFC and receive any disbursements for which the jointly applying jurisdictions may be deemed eligible, AcImInistrafive Entity: DCoc 0I arge city ElCounty Name of Applicant: JdInt Applicants agree to the following: i. Joint Applicants must designate a single Administrative Entity to receive the entire combined HHAP- 3 allocations. 2, The Administrative Entity must be a CoC, large city(if cippllcable),or county that serves the same j region. 3. The Administrative Entity receiving allocations on behalf of joint applicants shall use the funds in the Jurisdiction(s) entitled to the funds,pr to provide regional housing or services that serve the populotion living in each of the jurisdiction(s.) ehtitled to the funds. i 4. The Administrative Entity is responsible for complying with all program expenditure,requirements,and deadlines for the total combined allocations 1t is administering, S. The Administrative Entity most enter into a binding resolutlQn or agreement with joint applicants to j designate the Administrative Entity for the combined allocations which Includes an explanatlon of how the jointly applying applican.ts will administer the funds allocated to them.This binding resolution or agreement must be signed by authorized representatives and will be included With.the contract for funds, 6, The HHAP-3 joint application will clearly identify the intended use of all the funds from each jointly applying jurisdiction. 7. The HHAP-3 joint application will clearly describe.in detail the collaboration between the jointly cipplying jurisdictions and an explanation of how the jointly applying jurisdictions wNl partner to meet their program goals. B. The performance goals set in the HHAP-3 joint application will be used to determine the joint applicants' eligibility for future Bonus funding. HHAP-3 Agreernent to Apply RV o MV132116 — 198 5/19/2026 Initial City 0 W&M 22wH 27 of 28 HHAP-3 APPLICATION 119QutREMENTS Application Requirements_ALL APPLICANTS: By initialing below, the eligible applicants) acknowledges their Intent to participate In the HHAP-3 application process as follows: the eligible applicants) will receive an Initial disbursement equaling no more than 20% (or 25% for jointly applying applicants) of their tofai allocation If this.Agreement to Earticipate Is submitted by 5:0opm on October 15,2Q21 per HSC 50220,7(a)(4)(A)(ll). Initial funds may be used to complete the local homeless action plan,as required by HSC 50220.7(b)(3)(A), including paying for any technical assistance (or contracted entities to support the completion of the homelessness action plan, )...As stated in HSC § 50220.7(a)(5),priority for initial funds, above the costs of completing the homelessness action plan, shrill be for systems improvement, including, but not limited to, all of the following: i (A) Capacity building and workforce develgpmenl for service providers wtt.hin the jurisdiction, Including removing barriers to confrocting with culturally specific service providers and building capacity of providers to administer culturally slaociftc services. (B) Funding existing evidence-Erased programs serving people experieneinrg homelessness. (C)investing in data systems to meet reporting requirements or strengthen the recipient's Homeless Management Information System. (D) improving homeless polnt-in-time counts: (E) Improving coordinated entry systems to eliminate racial bias.or to crecite a youth- specific coordinated entry system, _To receive the remaining balance of Its round 3 program allocation, an applicant shall submit an application to the council by June 30, 2022,.that includes d local homelessness action plan and specific outcome goals in accordance with the requirements iaid:out In HSC § 502201(b),. The applicant shall engage wlfh the council on its local plan and outcome goals before subMitting a complete alpplicarllon, per HSC 50220.7(b)(1). E For city, county, and continuum of care applicants, local homelessness aellon plans pursuant toe HSC § 50220.7(b)(3)(A) and outcome goals pursuant to HSC § 50220:7(b)(3)(C) shall be agenclizect at , ea regular meeting of the governing body, including reeeiVing public.comment, before being submitted to the council,per HSC § 50220.7(b)(2). A complete application shall conform to the requirements laid out in HSC 50.220.7(b)(0). FORM CONTINUES ON PAGE 4 HHAP-3 Agreement to Apply 3 p ozi 16 — 199 5/19/2026 in,tl.=i 22-UP�wo4 28 of 28 HHAP-3 GRANTEE AWARD DISBURSEMENT INFORMATION ALL APPLICANTS. Instructions: Please fill out the information below, which Is needed to process your HHAP Round 3 (HHAP-8) Initial,award disbursement: Administrative Entity/Contracting Agency Name Large City/Cfty of Santa Ana, Community Development Agency Administrative Entlty/Contracting Agency Business Address 20 Givic tenter Pleza, Santa Aria, M-25, CA.92701 contract Manager Name Terri Eggers Contract Manciger Email Address teggers@santa-ana.org Contract Manager phone Number 714-647-537$ Award Check Mailing Address (Include "Attention to It applicable) City of Santa Ana community Development Agency, 20 Civic Center Plaza, M-25, Santa Ana, CA 92701 For grantees who have previously contracted with BCSH,in order to reduce the amount of paperwork needed to process your HHAP-3 award, HCFG is offering the opportunity to use the Tax ID Farm (Government Taxpayer ID Form for governmental entities or STD 204 Form for non- governmental entities) and/or Authorized Signatory Farm currently on file with FICFC for HHAP-3 award disbursements. You may revoke these authorizations by submitting an updated Tax 10 Form or Authorized Signatory Form to hhap0bcsh ca.gov. Select one- 0 The information on the Tax ID Foram used for the HHAP-2 award disbursement is accurate, and I am authorizing HCFC to use the previously submitted form for the HHAP-3 initial award disbursement Cl(have included a new Tax ID Form for the iniffol HHAP-3 award disbursement -Select one: [21 The information on the most recent Authorized Signatory Form on file with HCFC is -accurate, and I am authorizing HCFC to use the form on file for HHAP-3 C1 I have included a new authorized.signatory form for HHAP-3 CERTIFICATION I certify that the signature below Is authoriized to sign for all applicable documents for the H H A P 4 grant on behalf of the Eligible Applicant.Jurisdiction listed above. Kristine Ridge, City Manager Name and Title of Authorized Representative —.- � 9/16/21 $ignature of Authorized Representative Date HHAP-3 Agreemegt to Apply 4 16 —200 5/19/2026 Inifini i EXHIBIT 2 EXIMBIT FF FORM OF DEED OF TRUST WITH ASSIGNMENT OF RENTS i I RECORDING REQUESTED BY, ) AND WHEN RECORDED MAIL TO, } City of Santa Ana } 20 Civic Center Plaza(M-37) } Santa Ana, California 92702 } Attn: Housing Manager ) I This document is exempt from payment of a recording fee pursuant to Government Code Sections 27383 and 6103. i DEED OF TRUST WITH ASSIGNMENT OF REFITS i (SHORT FORM) j This DEED OF TRUST is made as of , 2024 between ILLUMINATION { FOUNDATION,a California nonprofit corporation,herein called TRUSTOR,whose address 2871 Pullman ' Street, Santa Ana,California, ,herein called TRUSTEE,and the CITY OF SANTA f ANA, a charter city and municipal corporation,herein called BENEFICIARY. WITNESSETH: That Trustor grants to Trustee in trust, with power of sale, that property in tho 1 City of Santa Ana,County of Orange,State of California,deacribed as: it SEE EXHIBIT"A"ATTACHE,D HE, AND MADE A PART HEREOF. together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferrred upon Beneficiary to collect and apply such rents, issues and profits for the purpose of securing(1)Conditional Grant Agreement dated concurrently herewith, trade by Trustor in favor of Beneficiary,and extensions or renewals thereof(2)the Affordable Housing Regulatory Agreement with Declaration of Covenants and Restrictions, dated concurrently herewith,made by Trustor in favor of Beneficiary, and extensions or renewals thereof, (3) the performance of each agreement of Trustor incorporated by reference or contained herein, and (4) payment of additional sums and interest thereon which may hereafter be advanced,paid, or loaned to Trustor,or his successors or assigns,when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with,respect to the property above described, Trustor expressly snakes each and all of the agreements,and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A, and it is mutually agreed that each and all of the terms and provisions set forth in subdivision B of the fictitious deed of trust recorded in Orange County August 17, 1964, and in all other counties August 18, 1964,in the book and at the page of Official Records in the office of the county recorder of the county where said property is located, noted below ! opposite the name of such county,namely: I i I I i City Council 16 — 201 5/19/2026 i i EXHIBIT COUNTY BOOK PAGE COUNTY BOOK PAGE COUNTY BOOK PACE COUNTY 1300K. PAGI3 Alameda 1289 556 Kings 858 713 Placer 1028 379 ,Sierra 38 187 Alpine 3 130 31 Lake 437 110 Plmnas 166 1307 siskiyou 506 762 Anradar 133 438 Lassen 197. 367 Riverside 3778 347 solano 1287 621 Butte 1330 513 Los Angeles T3878 874 Sacramento 5039 124 Sonoma 2067 427 colaveras 185 338 Madera 911 136 San Benito 300 405 Stanislaw 1970 56 Coulee 323 391 Marin 1849 122 S.l3eraardino 6213 769 Sutter 655 585 Comm Costa 4684 1 Mariposa 90 453 S.Francisco A-804 596 Tchama 457 143 Dal Norte 101 549 Mendocino 667 99 S.Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Meroed 1460 753 S.Luis Obispo 1311 137 Tulare, 2330 l08 Fresno 5052 623 Modoo 191 93 San Mateo 4778 175 Tuolumuc 177 160 Glenn 469 76 Mono 69 302 Santa Barbara 2065 881 Ventura 2607 237 Utimboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Ya10 769 16 Imperial 1189 70I Napa 704 742 SnntnCrux 1638 607 Yuba 399 693 Inyp 165 612 Nevada 363 94 Shuts 800 633 Kenn 3756 690 Orange 7182 18 SanDiaga 1964 149714 J �P,T1e9 S 1 shall inure to and bind the parties hereto,with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B,(identical in all counties,and printed on pages 3 and 4 hereof) are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge therefor does not exceed the maximum allowed by law. The undersigned `iiustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him/her at the address hereinbefore set forth. 1 1 TRUSTOR: f I E tE S City Council 16—202 5/19/2026 I` I EXHIBIT 2 EXHIBIT"A"TO DEED OF TRUST LEGAL DESCRIPTION I Address: E E I p i J f i� { { 1 EXHIBIT A City Council 16— 203 5/19/2026 i EXHIBIT 2 EXHIBIT ""A" Legal Description of the Property All that certain real property situated in the County of Orange,State of California, described as follows: Lot 12 of Tract No. 1022, in the City of Santa Ana, County of Orange, State of California, as shown on a map recorded in Book 34, Pages 20 and 21 of Miscellaneous Maps, in the Office of the County Recorder of said County. APN; 198-231-10 City Council 16 --204 5/19/2026 J EXHIBIT 2 ! EXI IBIT"W TO DE,E, ) OT TRUST ! i The following is a copy of Subdivisions A and B of the fictitious heed of Trust recorded in each J county In California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of ! Trust as being a part-thereof as if sat forth at length therein. i J A. To protect the security of this Deed of Trust,Trustor agrees; ! 1 To keep said property in good condition and re air not to remove or demolish any ' building thereou;to complete or restore promptly and in good and workmanlike manner any building which may be constructed,damaged or destroyed thereon and to pay when due all claims for labor performed and materials Airalshed therefor;to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon;not to commit or permit waste thereof,not to conunit, suffer or permit any act upon said property in violation of law;to cultivate irrigate,fertilize,fumigate,prune and do all other acts which from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general, (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine,or at option of Beneficiary,the entire amount so collected or any part thereof may be released to Truster. Such application or release a shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses,including cost ; of evidence of title and attorney's fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Tr uatee may appear,and in any suit brought by Beneficiary to foreclose this Deed. (4) to pay: at least ten days before delinquency all taxes and assessments affecting said property,including assessments on appurtenant water stock,when due,all encumbrances,charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs,fees and expenses of this trust. Should Trustor fail to make any payment or to do any act as herein provided,then Beneficiary or Trustee,but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation thereof,may., make or do the sarrre in such manner and to such extent as eithor may deem necessary to protect the security hereof,Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee;pay,purchase,contest or compromise any encumbrance,charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers,pay necessary expenses, employ counsel and pay his reasonable fees. J (5) To Pay immediately and without demand all sums so expended by Beneficiary or i Trustee, with interest firom date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby any ainount demanded by the Benofciary not to exceed the maximum allowed by law at the time when said statement is demanded. B. It is mutually agreed; i City Council 16 --205 5/19/2026 i EXHIBIT 2 (1) That any award of damages in connection with any condemnation for public use i of or injury to said property or any part thereof is hereby assigned and shalt be paid to Beneficiary who may apply or release such monies received by him in the same manner and with the same effect as above provided for disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay, (3) That at any time or from time to tuns,without liability therefor and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and j without affecting the personal liability of any person for payment of the indebtedness secured hereby, � Trustee may: reconvey any part of said property;consent to the malting of any map or plat thereof;join in granting any easement thereon;or join in any extension agreement or any agreement subordinating the lien or charge hereof. (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees,Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance or any matters or facts shall be conclusive proof of the truthfulness thereof, The Grantee in such reconveyance may be described as"the person or persons legally entitled thereto." (5) That as additional security,Trustor hereby gives to and confers upon Beneficiary the right,power and authority,during the continuance of these Trusts,to collect the rents,issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder,to collect and retain such rents, I issues and profits as they become due and payable. Upon any such default,Beneficiary may at any time without notice,either in person,by agent,or by a receiver to be appointed by a court,and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said i property or any part thereof, in his own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid,and apply the satire,less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine, The entering upon and taking possession of said property, the collection of i such rents,issues and profits and the application thereof as aforesaid,shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (b) That upon default Truster in payment of any indebtedness secured hereby or in II performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately { due and payable by delivery to Trustee of written declaration of default and demand for sale and of written j notice of default and of election to cause to be sold said property, which notice Trustee shall cause to be fled for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby. After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of We having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any + portion of said property by public announcement at such time and place of sale, and from time to titre thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. i i I City Council 16 — 206 5/19/2026 EXHIBIT 2 Trustee shall deliver to such purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any mutters or facts shall be conclusive proof of the truthfulness thereof: Any parson, including Trustor;Trustee,or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs,fees and expenses of Trustee and of this Trust,including cost of evidence of title in connection with sale,Trustee shall apply the proceeds of sale to payment of; all sums expended under the terms hereof, not then repaid,with accrued interest at the amount allowed by law in effect at the date hereof,all other stuns then secured hereby;and the remainder, if any,to the person or persons legally entitled thereto. i (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time,by instrument in writing,substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where, said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contain the name of the original Trustor,Trustee acid 13onefieiary hereunder,the boob and s page where this Deed is recorded and the name and address of the new Trustee. II (8) That this Deed applies to,inures to the benefit of,and binds all parries hereto,their ! heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or neuter,and the singular number includes the plural. (9) That Trustee accepts this Trust when this Deed,duly executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending I� sale under any other Deed of Trust or of any action or proceeding in which Trustor,Beneficiary or Trustee shall be a party unless brought by Trasteo. 4 1 I t i I 1 I a i City Council 16 —207 5/19/2026 EXHIBIT 2 I El XHIBrT C DO NOT RECORD REQUEST FOR FULL RECONVEVANCE TO ,TRUSTEE J The undersigned is the legal owner and holder of the note or notes, and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes,together with all other indebtedness secured by said Deed of Trust,have been fully paid and satisfied;and you are hereby requested and directed on payment to you of any sums owning owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust,and to reconvey,without warranty,to the parties designated by the terms of said Deed of Trust,all the estate now held by you tinder the same. Dated: i 1 Please mail.Deed of Trust Note and Reconveyance to Do not lose or destroy this&gd of Trust OR THE NOTE which it secures. Both must he delivered to the Trustee for cancellation before reconve ante will he made. DEL,D OF TRUST with power of sale TRUSTEE i I i City Council 16— 208 5/19/2026 i EXHIBIT 2 ' EXIHIJIT G NE PA MITIGATION MEASURES Per 40 CFR 1505.2(c)the following measures/conditions apply to the Project: i 1. Mitigation Measure TCR-1: Retention of a Dative American Monitor and Native American Monitoring i i Prior to ground disturbance activities, the Grantee will retain a Native American/Tribal monitor from or approved by the Gabrielefto Band of Mission Indians—Kizh Nation(Kizh Nation or Tribe). A Native American/Tribal monitor, compensated and contracted by the Grantee, shall be provided the opportunity to monitor during earth disturbing activities. The Native American monitor shall be retained prior to the commencement of any"ground-disturbing activity"for the subject Project at all Project locations (i.e.,both on-site and any off-Site locations that are included in the Project description and/or required in connection with the Project, such as public improvement work). Ground disturbing activities shall include,but are not limited to, demolition, paveiment removal,potholing,auguring, grubbing,tree removal, boring,grading,excavation, drilling,and trenching, A copy of the executed monitoring agreement shall be submitted to the City of Santa Ana as the Responsible Entity prior to the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity. � The Native American monitor shall be responsible for completing daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities,the type of construction activities performed, locations of ground disturbing activities, soil types,cultural-rclated materials,and any other Facts, conditions,materials, or discoveries of significance to the Tribe,Monitor logs will identify and describe any discovered TCRs,including but not limited.to,Native American cultural and historical artifacts,remains,places of significance,etc., (collectively,tribal cultural resources, or"TCR"), as well as any discovered Native American(ancestral)human remains and burial ! goods. Copies of the monitoring logs shall be provided to the City of Santa Ana upon written request to the Tribe. On-site tribal monitoring shall conclude upon the latter of the following: (1)written confirmation to the Kizh Nation from a designated point of contact for the Grantee that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or(2) a determination and written notification by the Kizh Nation to the City of Santa Ana that no future,planned construction activity and/or development/construction phase at the Project site possesses the potential to impact TCRs. Upon completion of all monitoring activities, the Kizh Nation shall prepare a comprehensive ? monitoring report documenting the results of the monitoring effort and including the daily monitoring logs for submittal to the City of Santa Ana and the South Central Coastal Information. Center, The monitoring report will be used to help inform the need for Native American monitoring during future projects. I City Council 16 — 209 5/19/2026 f EXHIBIT 2 2. Mitigation Measure TCR-2. Unanticipated Discovery of Tribal Cultural Resources Upon discovery of any TCRs or archaeological resources, all construction activities in the irnmediate vicinity of the discovery shall cease(i.e.,not less than the surrounding 50 feet).The Grantee shall contact a qualified archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology(National Parr Service 1983)to assess the find. Construction activities shall not resume until the discovered TCR or archaeological resource has been fully assessed by the Kizh Nation monitor and the qualified archaeologist. The,ICA Nation will recover and retain all discovered TCRs in the:form and/or manner the Tribe deems appropriate,in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. i 3. Regulatory Compliance Measure 1. Unanticipated Discovery of Huffman Remains If human remains are unexpectedly found, California Health and Safety Code Section 7050.5 states no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. In the event of an unanticipated discovery of human remains, the County Coroner must be notified immediately. If the human remains are determined to be of Native American origin,the Coroner will notify the Native American Heritage Commission(NAHC),which will determine and notify a most likely descendant(MLD). The MLD has 48 hours from being granted site access to make recommendations for the disposition of the remains. If the MLD does not make recommendations within 48 hours,the landowner shall reinter the remains in an area of the property secure from subsequent disturbance. 4. Contamination and Toxic Substances i 4.1 Asbestos-Containing Materials. Prior to the issuance of a construction permit,the applicant shall provide a letter from a qualified asbestos abatement consultant documenting that no i ACMs are present in the existing on-site building. Any identified ACMs found to be present within the existing building shall be abated by a qualified asbestos abatement consultant in compliance with the South Coast Air Quality Management District's Rule 1403 as well as all other State and federal rules and regulations.All ACMs removed from onsite structure shall be hauled and disposed of by a transportation company certified to handle asbestos and hazardous materials. 4.2 ]Leach-Based Paints. Prior to the issuance of a construction permit,any suspect lead-based paint located within the existing one-story building skull be sampled prior to any rehabilitation or demolition associated with the Project.Any identified lead-based paints found to be present within the existing on-site building,or noted to be damaged, shall be abated by a licensed lead-based paint abatement contractor, and disposed of according to all State and local rules and regulations. 5. Nesting/Breeding Native Bird Protection. To avoid impacts to nesting birds,project- related activities shall occur outside of the bird breeding season(February 1 to August 31) to the � extent practicable. If Project activities must occur during the bird breeding season,a nesting bird survey shall be conducted by a qualified biologist within the project site plus a 100-foot buffer, i where accessible,no more than one week prior to initiation of ground disturbance or vegetation removal.If the project is phased, additional pre-activity nesting bird surveys shall be conducted City Council 16-- 210 5/19/2026 i EXHIBIT 2 prior to each phase of construction. If an active nest(one containing eggs, nestlings, or dependent fledglings) is found., an avoidance buffer shall be determined and demarcated by a qualified biologist using flagging and stakes or construction fencing. The size of the buffer shall be sufficient to avoid direct impacts to the nest, eggs,young, and adults, and would depend upon the species and the proposed work activity. No work activity shall occur within the buffer until the Biologist confirms that the nest is no longer active. Construction persomiel shall be instructed on the sensitivity of the area. If Project activities must occur within the buffer,they shall be conducted at the discretion and under the supervision of the biologist. The qualified biologist will record the results of the recommended protective measures described above to document compliance with applicable State and federal laws pertaining to protection of native birds. All monitoring reports and compliance records will be submitted to the City of Santa Aiwa. Note the measures above include a reference,,provided here for additional context: National Park Service(NPS). 1983. Archaeology and Historic Preservation: Secretary of the Interior's Standards and Guidelines. Electronic document. http5://wrvr,v,nps,g_oV/al„ticles/see- standards-prof guals.htm City Council 16 — 211 5/19/2026 EXHIBIT 2 EXH1131T R COMMUNITY WORKFORCE AGREEMENT f 3 i j a .I II 1 3` J1 I h 9 a f f i .3 i I 3 fI i i City Council 16—212 5/19/2026 I EXHIBIT 2 COMMUNITY WORKFORCE AGREEMENT NT BY AND BP-'I'Wr-,EN THE CITY OF SANTA ANA AND LOS ANGJELEVORANGE coT_TNTIL�S BUff,I)ING AND CONSTRUCTION TRADES COUNCIL AND THE SIGNATORY CRAFT'COUNCILS AND UNIONS J City Council 16- 213 5/19/2026 i EXHIBIT 2 TABLE OF C4NrE.NTS Page ARTICLE I DEFINITIONS 3 ARTICLE 2 SCOPE OF THE AGREEMENT 4 AR71CLE 3 UNION RECOGNITION AND EMPLOYMENT 9 ARTICLE 4 UNION ACCESS AND STEWARDS 13 ARTICLE:S WAGES AND BENEFITS 14 ARTICLE 6 HOURS OF WORK, OVERTIME,SHIFTS AND HOLIDAYS 15 ARTICLE 7 WORK STOPPAGES AND LOCKOUTS 17 ARTICLES WORT{.ASSIGNMENTS AND JURISDICTIONAL DISPUTES 20 � ARTICLE 9 MANAGEMENT FIGHTS 21 ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DI,SPUrES 23 A '11CLE: I I REGULAORY COMPLIANCE 25 ARYICrLE 12 SAFETY AND PROTECTION OIL PERSON AND PROPERTY 26 ARTICLE 13 TRAVE1: AND SUBSISTENCE 26 ARTICLE: 14 APPREN-110ES 26 ARTICLE 15 WORKINO CONDITIONS 28 .ARTICLE 16 PRE-JO13 CONFERENCES 28 ARTICLE 17 LABOR/MANAGEMENT COOPERATION 28 ARTICLE? 18 SAVINGS AND SEPARABILITY 29 ARTICLE 19 WAIVER 30 ARTICLE 20 AMENDMENTS 30 i ARTICLE,21 DURATION OF 'ITIE AGREEMENT 30 ATTACHMENT A--LETTER OF ASSENT 33 ATTACHMENT B-ZIP CODES 34 ATTACHMENT C-CRAFT REQUEST FORM 37 ATTACHMENT D LIST OF NEUTRAL ARBITRATORS 39 ATTACHMENT B-SUBSTANCI<ABUSE POLICY 40 Community Worldorce ASreetnenl 2 City of Santa Ana City Council 16 - 214 5/19/2026 I EXHIBIT 2 CITY OF SAMA ANA i COMMUNITY WORKFORCE AOREEMEN'.1' i This Community Workforce Agreement("Agreement")is entered into on June 6,2023 ("Effective � Date"), by and betwoon the City of Santa Ana, a municipal corporation ("City"), the Los Angeles/Orange Counties Building and Construction Trades Council("Imdes Council"), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the "Union" or "Unions"),This Agreement establishes the labor relations policies and procedures for the City,the Contractors awarded contracts for Project WorIc and for the crafts persons employed by the Contractors and represented by the Unions engaged in the Project Work as more fully described below, The City,Trades Council and Unions are hereinafter referred to herein, as the context may require, as"Pasty„or"Parties," It is understood by the Parties to this Agreement that for the duration of this Agreement, it shall be the policy of the City.for a.11 Project Work(as defined in Section 2.2.)to be contracted exclusively to Contractors who agree to execute and be bound by the, terms of this Agreement, directly or through the Letter of Assent(a form of which is attached as"Attachment A'"),and to require each of its subcontractors, of whatever tier, to become so bound. The City shall include, directly or by a incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City. It is further understood that the City shall actively Wininister and enforce the obligations of this Agreement to ensure that the benefits envisioned from it flow to all Parties, the Contractors and crafts persons working under it, and the residents of the City. The City shall therefore designate a 1 "CWA Administrator,"either from its own staffer an independent contractor,to serve as the city's liaison for Contractors and other persom; monitor compliance: with this Agreement;assist., as the authorized representative of the City, in developing and implementing; the prograins referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement;and to otherwise implement:and administer this Agreement. # AFMCLE l UE IaLtj1`l:0MIS Section 1.1 "Agreement"or"CfWA"means this Cormnunity Workforce Agreement, Section I.2 "Apprentice" means those employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved'by the State of California, Department of Industrial Relations,Division of Apprenticeship Standards. Section 1.3 "Construction Contract" or "Construction Contracts" means any contract entered into by the City, far the construction of Project 'Work as specified in Section 2.2, Section 1.4 "Contractor"means airy individual Erin,partnership or corporation,or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into a Construction Contract with the City or any of its contractors or any of the City's or Community 'Workforce Agreement 3 City of Santa Ana City Council 16 --- 215 5/19/2026 I EXHIBIT 2 contractor's subcontractors of any tier, with respect to the construction of any pant of a Project under contract terms and conditions approved by the City and which incorporate this Agreement. Section 1.5 "City"means tho City of Santa Ana. i Section 1.6 "Joint Labor/Management Apprenticeship Prograri7" means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division.of Appron iceslip Standards. I Section 1.7 "Letter of Assent"means the document that each Contractor(of any tier)must sign � and submit to the City before beginning any Project Work, which formally binds such Contractor(s)to adherence to all the forms, requirements and conditions of this Agreement in the form attached hereto as"Attachment A." Section 1.8 `°CWA.Administrator"means the City's authorized representative who will be the liaison between the; City, Contractors, and the Unions; responds to Inquiries about the CWA; charged with monitoring compliance with the CWA, developing and implementing programs set fortis in the CWA, including but not limited to grievance procedures. "Section 1.9 °`Project","Project Work"or "City Project"means Capital Improvement Program i projects adrxainisterod through the City of Santa Ana Public Works Agoncy, subject to the State of � California public contracting lavers, pursuant to a Construction Contract entered into by the City, � and as furthcr described in Section 2.2. 41 f5 + y Sec ion 1.14 "Specialty Contracts" t ra1 ontra is rrrearrs a contract for Project '4'�crrle With a specialty contractor p y . J p YJ which is either limited to a particular single trade or craft or limited to a singular scope of work (i.c. installing a toilet.) ,Section 1.1 l "Master Labor Agreements" means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement. Section 1.12 "Subscription AgreermonfS means the contract between a Contractor and a.Union's Labor/Management Trustliurzd(s)that allows the Contractor to make the appropriate fringe benefit contributions in accorda=-,with the terms of the Masten Labor Agreements, I Section 1.13 The use of rimsculine or feminine gender or titles in this Agreement should be S construed as including bath genders and not as gentler limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only, and carry no legal significance. ICf Ali•T E 2 SCOEE f3f,ME A;GRMMLN! Section 2.1 General This Agreement shall apply to all of the City's Project Worm, as deflned in Section 2.2, performed by those Contractors)of whatever tier that have contracts awarded for i Cainrnu�nity Workforce Agreement 4 City of Santa Ana � City Council 16—216 5/19/2026 EXHIBIT 2 such work, for the development of the City's facilities which,jointly, constitute the pr()ject, acid have boon designated by the City for construction or rehabilitation. The CWA administrator will submit annual report's to the City Council on this agreement, i Section 2.2 ec' li Project Work covered by this Agreement is do-fined and limited to; j 2.2.1 All'public Worlds construction,as defined by the California Public Contract Code, f and major rehabilitation work pursuant to "prune Mccltidtrade construction contracts"that exceed seven hundred fifty thousand dollars ($750,000) and all subcontracts flowing from these prime multi-trade contracts, i 2.2.2 All prime"Spec ialty Contracts,"as defined in Section I J 0 that exceed one hundred thousand dollars ($100,000)and all subcontracts flowing f�otn these specialty contracts, 1 2.2.3 The City may, at any time and at its sole discretion, determine to build additional I buildings, facilities, and other projects under this Agreement which are not otherwise covered as Project Work. 2.2.4 Any Affordable Housing projects that receive City funds. 2.2.5 This Agreement is not intended to, and shall not apply to any world advertised for bidr,or performed at any time prior to the Effective Date,or after the expiration or termination of this Agreement, except as otherwise provided herein, This Agreement shall in tao way limit the City's right to terminate, iwdify or rescind any construction contract and/or any rotated subcontract or agreement. Should the City remove or terminate any contract or agreement for construction that does not fall within the scope of this Agreement and thereafter authorize that world be commenced on any contract for such construction, the contract for construction shall be performed under the terms of this Agreement. Section 23 and ' C;o �ac.4 2.3.1 The City, in its sold discretion, may seek to group (or "bundle") for lidding, contracts not meeting the threshold of Section 2.2 above. (Small contracts for like types of world, scheduled to be undertaken at the saute facility or on the same project site, and within the seine timeframe, will be considered for such bundling, Wnsistent with economies of scale, and the I purposes of this Agreement);and � 2.3.2 Project: Worn: will not be intentionally split, divided or otherwise separated for Contract award purposes to avoid application of this Agreement. J Section 2.4 A tic bili�t + This Agreement shall not apply to any work of any Contractor other � than that on Project Work specifically covered by this Agreement. S I Community Workforce Agreement 5 City of Santa Ana City Council 16 -- 217 5/19/2026 EXHIBIT 2 Section 2.5 ExOgsio gus Items specifically excluded from the scope of this Agreement include the fbilowing, 2.5.1 Work of non-manual employees, including but not limited to., superintendents; teachers; supervisors (except those covered by Masten Labor Agreements above the level of general foreman);staff engineers;lime keepers;snail carriers; clorks,office workers;messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineoringx, executive, administrative, supervisory and management employees; i 2.5.2 EgUip=Dt and machinery owned or controlled and operated by the City; 2.5.3 All ofr ,site manufacture and handling of materials, equipment or machinery; � provided, however, that lay down or storage areas for equiptuent or material and manufacturing � (pry brication) sites, dedicated solely to the Project, and the movement of materials or goods b tween such locations rind a project site are within the scope of this Agreement; 2.5.4 All work performed by City employees, the CWA Administrator, design team (including, but not limited to architects engineers and master planners), or any other consultants for the City (including, but not limited to, project managers and construction manager,$ and their employees where not engaged in Project Work) and their sub-oonsultants,and rather employees of professional service org ttnizations, not performing inanual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Surveyors acid BuildinglConstruction Inspector and Field Solis and Materials `festers(Inspectors) are a covered craft under the Agreement. This inclusion applies to the scope of work defined in the State of � California Wage Determination for said Craft.This shall also specifically includo such work where i it is referred to by utilization of such terra as "quality control" or "quality assurance," Ev6ry Surveyor and Inspector performing under the wage classifications of Surveyor and Building/Construction Inspector and Field Soils and Material Testers under a professional services agreement or a construction contract shall be bound to all applicable requirements of the CWA. Covered Work as defined by this Agreerx nt shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded; 2.5.5 Any work performed near, or leading to a site of work covered by this Agreement and undertaken by state, county or othor governmental bodies, or their Contractors; or by public utilities, or their Contractors;and./or by adjacent third-party landowners;and/or by the City or its Contractors(for work which is not within the scope of this Agreement); � { 2.5.6 Off-site maintenance of lensed equipment and on-site supervision of such work; 2.5.7 It is lecognized that certain equipment and systems of a highly teclulical and specialized nature will have to be installed at the Project.The nature of the cquipment and systoms, -together with requirements of a manufacturer's warranty, may dictate that:it be prefabricated,pre- piped, and/or pre-wired and that it be installed undor the supervision and direction of the Owner's and/or manufacturer's personnel. The Union,; agree to install such material, equipmont and systems without incident, or allow ,such hista.11ation to be performed by the manufacturer's employees or a. contractor certified by the manufacturer where-the Unions are unable to perform Community Workforce Agreement 6 City of Santa Ana City Council 9 6—218 5/19/2026 i i I EXHIBIT 2 such work orthe warranty requires the workto be;performed by the employees ofthe manufacturer or a contractor certified by the manufacturer. If a warranty on the manufacturer's specialty or technical equipment or systeins purchased by tho Owner requires that the installation of such specialty or technical equipment or system be perforated by the manufacturer's own personnel, { then such installation may be performed by the manufacturer's own personnel. If warranty on the manufacturer's specialty or technical equipment or systems purchased by the Owner requires that the installation of such specialty or technical equipment or system be performed by a � contractor certified by the manufacturer,and there are, no Union signatory contractors certified by r the manufacturer to install and/or perform such work,then such installation may be performed by such eertifled contractor.The Cencral Contractor shall notify the Unions atthe pre-job canference of the use of this provision and shall provide copies of the written warranty that require that the work be performed by the manufacturer's own persowiel, or a. contractor certified by the mmiufacturer, to the affected Union. When the warranty does not require installation by the manufacturer's own personnel or a contractor certified by the: manufacturer,the Unions agree to perform and install such work under the supervision and direction of the -manufacturer's representative. This shall not apply to construction equipment. i 2.5,8 Non-construction support services contracted by the City, City consultants, the C WA Administrator, or Contractor in connection with a Project; 2.5.9 Laboratory work for testing. 2.5,10 Coveoge Exception This Agreement shall not apply if the City receives funding 3 or assistance 2onz any Federal, State, local or ether public entity for the Construction Contract if a requiremimt, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require,. bidders, contractors, or other persons or entities to enter into an agroQment with one or more labor organizations. The City agrees that it will snake a reason ble effort to establish the enforcement of this Agreement with any governmental agency or granting authority. 2.5.11 Work on the Project performed as a result of threat to life, limb or property or other emergency circumstances requiring immediate action. Section 2.6 Awarding of Contratccts,.for ProJea WoLIC I 2,6.1 "rhe City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on Project Work to any Contractor notwithstanding the existence or non existence of any agreements between such Contractor and any Union partios, provided only that such Cotntractor is ready,willing, and able to execute and comply with this Agreement should such Contractor be awarded work covered by this A.giooment. 2.6.2 It is agreed that all Contractors of whatever tier, who have been awarded Project Work contracts, shall be required to accept and be bound to the toxins and conditions of this Agreement, and shall evidence their acceptance by the execution of the Fetter of Assent sot forth in"At tach Oleo(A"hereto,prior to the commencement of any Project Work, At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance of the construction contract,the Contractor shall provide a copy of this A.greeanent to � i i Community Worleforce Agreement 7 City of Santa Ana City Council 16 — 219 5/19/2026 i EXHIBIT i i said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract,to agree in writing in the ibrm of a Letter of Assert:to be bound by each and every provision of this .Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commenca Project Work without having first provided a copy of the setter of Assent as executed by it to the CWA Administrator and to the Trades Council before � the mmrnencement of Project Worse. Section 2.7 _AlUtor Labor Agreemeilts I 2.7.1 The provisions of this Agreement, including the Master Labor Agreements as such may be changed frown time-to-time and which also are incorporated herein by reference,shall apply I. to Project Work, This Agmement k not intended to supersede such Master Labor Agreen-.ents between any of the Contraotor's performing construction work on the Project and a Union signatory thereto except to the extent the provisions of this Agreement are inconsistont with such Master Labor Agreements, in which event the provisions of'this Agreement shall apply. However, such does not apply to work ,performed under the National Cooling Tower .Agreement, the National Stacie.Agreement, the National Transit Division Agreement (NTD), worst within the jurisdiction of the International Uniort of Elevator Constructors, and. all instrument calibration and loop checking work performed sander the terms of the UA/IBE'W' Joint National .Agreement for I Instrument and'Control Systems Technicians except that Article 9 dealing with Strikes, Work Stoppages and Ludt-guts, Worst Assignments and Jurisdictional Disputes, and Settlement of 0,rievances and Disputes shall apply to such work'. Where a subject is covered by the provisions of a Master Labor .Agreement and not in conflict with the provisions of this .Agreement, tho provisions of the Master Labor Agrusm ent skull apply, It is specifically agreed that no later � agreement shall be deemned to have precedences over this Agreement unless signed by all partios signatory hereto who are then currently employed or represented at the Project. Any dispute as to f the applicable source between this Agreement and any Master Labor Agreements for determining the wages, amours of working conditions of employees on. this Project ,shall be resolved under the procedures established hi Article 10. 2.7,2 .it is understood that this Agreement, together with the referenced Master Labor Agreements, constitutes a self-contained, stand-alone agreement and by virtue of having become bowed to this Agreement, the Contractor will not be obligatod to sign any otber local, area or national collective bargaining argnernent as a condition of porfarming work within the scope of this Agreement (provided, however, that the Contractor may bit required to sign a uniformly applied, non-discriminatory Subscription.Agrooment at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement,provided that such � S ubscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto).it shall lie I the responsibility of the primp Contractor to have each of its subcontractors sign the appropriate Subscription Agreement, with the appropriate Craft Union prior to the subcontractor beginning work on Project Work. i i Cominunity Workforce Agreement 8 City of Santa Ana City Council 16 — 220 5/19/2026 i EXHIBIT 2 Section 2.8 iiin in i n ,es_Qj1J-y This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents,affiliates, subsidiaries, or other ventures of any ' such Party not performing.l'roject Work. Section 2.9 Other CityWork Nothing contained herein shall be interpreted to prohibit,restrict, or intorfere with the performance of any other operation, work or function not covered by this Agreement,which may be peribr ned by City employees or contracted for by the City for its own � account, on its property or in and around a Project site. ° Section 2.10 Se to L Ja It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City or CWA Administrator and/or any Contractor. Section 2.11 Cpnaeted Proieot Work As areas of Project Work are accepted by the City, this Agreement shall have no further force or cffect on such items or areas except where the Contractor i is directed by the City or its representatives to engage in repairs, modification, check-out and/or � warranties functions required by its contract(s)with the City under the original contract, i ARTICLE 3 CJIVICJIV REQ00N JTJQN _FM aZOY pldT Section 3.1 Recognition The Contractor recognizes the Trades Council and the Anions as the sole and exclusive bargaining representative for the employees ongaged in Project Work. Contractors further recognize that the Unions shall be the primary source of all craft labor employed on the Projects. In the event that a. Contractor has its own core workforce, said Contractor shall follow the procedures outlined below. ;Section 3,2 Contras r, elertpn nfEzaaployees The Contractor shall have the right to determine the competency ofall employees, the number of'employees required,the duties of such employers within their craft jurisdiction, and shall have the sale responsibility for selecting employees to be laid off, consistent with Section 3.3 and Section 4.2,below. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any reportingpay required by Section 6.6;provided,howevor, that,such right is exercised in good falth and not for the purpose of avoiding the Contractor's commitment to employ qualified workers through the procedures endorsed in this Agreement. Section 3.3 Refo rral Procodures 3.3.1 For signatory Unions now having a job referral system contained in a Master Labor Agreement, the Q)ntractor agrees to comply with such systorn and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory munncr and in full compliance with -federal, state, and local laws and regulations which require equal ernployrnent opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated j f Community Workforce Agreement 9 City of Santa Ana City Council 16 — 221 5/19/2026 i EXHIBIT 2 so as to consider the goals of the City to encourage employment of City residents on the Project, and to .facilitate the ability o f all Conlractors to meet their employment needs. 3.3.2 The local Unions will exert their bast efforts-to recruit and refer sufficient numbers of skillod trait workers to fiallill the labor requirements of the Contractor, including specific, employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger,skilled workforce.The Unions will work with their alliliated regional and national unions, and jointly with the CWA Administrator and others designated by the City, to identify and ref.4 competent craft persons as needed fnr Project Work,and to idontify and hire indiv iduab, particularly residents of the City,for entrance into joint labor/management apprenticeship programs, or to participate in rather identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, gall maintained to increase the available supply of spilled craft personnel for Project Work and future cuarstraaction of maintenance work to be undertaken by the City. 3.3.3 The Union shall not knowingly refer an employee currently employed by a Contractor can a covered Project to any other Contractor. Section 3.4 Noon-.Di cry imitxatiora in lea.e•ral .;nn.1 ,Meni, a Contracting The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of_race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital a status or disability. Furthm, it is recognized that the City has certain policies,programs, and goals for the utilization of local small business enterpxises. The Parties shall jointly endeavor to assure i that these commitments are fully met,and that any provisions of this Agrooment which nlay appear to interfere with local scraall business enter-prises staocessfully bidding for work within the scope of this Agreement shall be carefully reviewed., and adjustments made as may be appropriate and agreed upon among the Parties, to ensnare full compliance with the spirit and letter of the City's policies and commitment to its goals for the significant utilizatioai of local small businosses as i direct Contractors or suppliers for Project Works Section 3.5 EWpioynignt s� i esi is 1 3,5.1 The Unions and Contractors agree that, to the extent allowed by law, and as long as they possoss the requisite skills and qualifications,the Unions will exert their best efforts to refer axed/or recruit sufficient numbers of skilled craft "Local Residents," as defined herein, to fulfill the � requirements of the Contractors. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work,the parties agree to support the hiring of workers from the residents of these Surrounding areas, as well as Veterans and individuals who have successhally completed the Building Trades Multi-Craft Core Curriculum Pro-Apprenticeship Program, regardless of where they reside, for Project Work. Towards that end,the Unions shall exert their best efforts to encourage and provide referrals and utilization of qualified workers, flwst, to those residing in U. S. Postal Service zap codes which overlap all of the City of Santa Ana., as set forth in "Attachment B" attached bercto, as well as Veterans,regardless of where they reside C Tier V). if the Unions cannot provide the Contractors in the attainment of sufficient number of qualified workers-Rom Tier 1,second,the Unions shall Community Workforce Agreement 10 City of'Santa Ana City Council 16 --222 5/19/2026 i I EXHIBIT 2 exert their Kest efforts to then recruit and identify for referral qualified workers residing within the County of Orange and individuals who have successfully completed the Building Trades Multi- Craft, Core Curriculum Pre-Apprenticeship Program, regardless of where they reside ("Fier 2"), For Dispatch purposes, employees residing within either of these two(2)tiers, as well as Veterans and individuals who have successfully completed the Building Trades Multi-Craft: Cure Curriculum Pre-Apprenticeship Program, regardless of where they reside, shall be inferred to as � Focal Residents. i 3.5.2 A goal of305/o ofthe total wont hours performed on each Pro jest shall be performed by.Local Residents. 3,5.3 The Unions agree to support the operation of pre-apprentice referral programs in the City. Further, the Unions agree to place on their referral roles or in their apprentice training programs, as appropriate and needed, qualified persons sent to them by designated City � organizations or other organizations working with the City to increase construction industry work opportunities for City residents. } Section 3.6 Requ.�Ornents--on Contractors To facllrtate the dispatch of Local Residents, all 9 Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee froma Union referral list for any Covered Project,a sample of which is attached as"Attachment C." When Local Residents are requested by the Contractors, the Unions will refer such workers regardlegs of their place in the Unions' hiring halls' list and normal referral procedures. Section:3.7 t elrraet to l lardhats The Contractors azad the Unions recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in career-, in the building and construction industry. The Contractors and Unions agree to utilize the services of non-profit Veterans support organizations, including but not limited-to,the Center lvr Military Recruitment, Assessment and Veterans Employment (hereinafter "Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude,referral to apprenticeship proprat-ris or hiring halls,counseling and mentoritig, support notwork, ernploymont opportunities and other needs as identified by the Parties. For purposes of this Agreement the term"Eligible Veteran" shall have the same meaning as the term "ve-teran"as defined under Title 5, Section 2108(l) of the United States Code as the � same may be amended or re-codified from time to time. It shall be the responsibility of each j qualified applicant to provide the Unions with proof of'his/her,status as an Eligible Veteran. i 3.7.1 The Unions and Contractors agree to coordinate with non-profit Veteran organizations, including, the Center to create artd maintain an integrated database of veterans interested in working on this Project Work and of apprenticeship and cinployment opportunities � for working on Project Work. To the extent perraitted by law, the Unions will give credit to such Veterans for bona fide, }provable past experience. I Community Workforce Agreement 11 City of Santa.Alga City Council 16 — 223 5/19/2026 ' i EXHIBIT 2 Section 3.8 Care Emplovecs 3.8.1 Contractors not currently signatory to a Master L2bor Agreement may employ, as needed, first, a. member of its core workforce, then an employee through a referral from the appropriate Union hiring hall, theca a second core employee, then a soeond employee througl)the; � referral system, and so on until a maximurn of five (5) cove employees are employed in the Contractor's workforco,thereafter, all additional employees in the, affected trade or craft shall be { requisitioned £roan the craft hiring ball in accordance with Sec�tion3.3. In the laying off of i ernployceys, the number of core employees shall not exceed one-half plus one ofthe workforco for I an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available, As part of this process, and in order to facilitate, the contract administration procedures, as well as appropriate f% ige bone-fit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first clay of employment at a project site. 3.8.2 The core work force; is comprised of those employees whose Trances appeared on the:Contractor's active payroll for sixty(60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who have worked at least two-thousand (2,000) hours in the construction craft in which they are employed, during the prior four (4) years; who possess any llccrise required by state or federal law for the Project Work to be performed; and, who have the ability to safely perform the basic functions of the applicable trade. 3.8.:3 Prior to each Contractor performing any work on the,Project,each Contracor shall provide a list of his core employees to the C WA Administrator and the Trades Council.Failure to do so will prohibit the. Contractor l�om using any cure employees, Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof(Le,, payroll records, quarterly tax records, driver's license, voter registration, postal address and such governi,riental documentation)evidencing the core employee's quafifinaiion as a core orrrployee to the CWA Administrator and the Trades Council, 1 Section 3.9 Tim l rc�Referii4I If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services, and may employ applicants meeting such classification from any other available source.The Contractors shall inform the Union of any applicants hired firona other sources and such applicants shall register with the appropriate hiring hall, if any, before commencing work. Section 3.10 Lack of Referral P duro if a signatory Union does not have a jca b referral system as set forth in Section 3.3 above,the Contractors shall give tho Union,equal opportunity to refer applicants. (contractors shall notify the Union of enployees so faired, as set forth in Section 3.5. Section 3.11 Ur qrt 11!Cembe r kaip Employees are not required to become or romain union { members or pay dues or fees as a condition of performing P jeot Work under this Agreement. � i I Community Workforce Agreement 12 City of Santa Arta City Council 16 — 224 5/19/2026 EXHIBIT 2 3 i Contractors shall make and transmit all deductions for union dues, fees, and assessments that have : been authorized by employees in writing in accordance with the applicable Master .Labor ' Agreement. Nothing in this ,Section 3.11 is intended to supersede independent requirements of applicable Master Labor Agreements as to those Contractors othetvise, signatory to such Master j Labor Agreements and as to the employees of those Contractors who are performing Project WO& I Section 3.12 Lndryidual Sqnlorhy Except as provided in Section 4.3, individual seniority shalt not be recognized or applied to employees working on Project Work; provided, however, that group and/or classification seniority in a Union's Master Labor Agreement as of the Effective bate of this A.grwment shall be recognized for purposes of layoffs. Section 3,13 l?cki,t,nmen The selection and number of craft foreman and/or general foreman shall � be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft forernaaa shall be designated as working foreman at the:request of the Contractors, Section 3.14 rtt of5ta. tc.Work,�rs In determining compliance with the targeted hiring goals of Section 3.5 above, hours of Project Warp performed by residents of states other than California will be excluded flolu the calculation. ARTICLE 4 NQN.AC'CE S A LQ STEWARDS I Section 4,1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and lurOjer provided that such representatives shall notify the person charged with on-site project supervision and fully comply with posted visitor, security and safety rulers. Section.4.2 Stewards 4.2.1 Each signatory Union shall have the right Ixr dispatch a working journeypenwn as a steward for each shift, and shalt notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such perso:n's duties as steward. Such designated steward or stewards shall riot exercise any supervisory functions. There will be no non-wonting stewards. Stewards will receive the rega.tlar rate of'pay fortheir respective crafts. 4.2.2 In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist ire the adjustment of die same with the employee's appropriate supervisor.Each steward should be concerned only with the employees of the steward's Cozatractor and, it'applicable, s oboontractor(s), and not with the employees of any other Contractor. A Contractor will not discrindrrate against tho steward in the proper performance of his/her Union duties. 4.2.3 When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working stewards as the Community Workforue Agreement 13 City of Santa Ana City Council 16 — 225 5/19/2026 EXHIBIT 2 Contractor requests to provide independent coverage of one or more stn.ch locations, In sueh caSOS, a steward may not service more than one work location without the approval of the Contractor. 4.2.4 The stewards shall not have the right to determine wbonn overtime shall be worked or who shall work overtime. 1 Section 4.3 %ewu La ofi` isle Contractor agrees to notify the appropriate Union twenty-four(24)hours before the layoff of a steward,except intho case of disciplinary discharge for just. cause. If the steward is protected against such layoff by the provisions of the applicable Mastor Labor Agreement, such provisions shall be, recognized when the steward possesses the j necessary qualifications to per-form the remaining work, In any case in which the steward is discharged or disciplined for just cause,the appropriate Union will be.notified immediately by the Contractor, and such discharge or discipline shall not become final (subje(;t to any later filed grievance) until twenty-lbur(24)hours after such notice has been given. 1 ARTICLE 5 WWAa11S AND BENEVITS i Section 5.1 ';get All employees coveted by this Agreement shall he classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rato increases under law, the Contractor shall pay that rate as of its effective date under the law. This Agreement does not.relieve Contractors direetly signatory to a Master Labor Agrcetxrent with one of the Unions signing this Agreement from paying all of the wages set forth in such Agreements. Section 5.2 Benefits 1 5.2.1 Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate Master Labor Agreement and make all employee-- 1 authorized deductions in the amounts designated in the appropriate Master Labor Agreement, ; howover, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. This Agreement does not.relieve Contractors directly signatory to one or more of the Master Labor Agreements frown i naking all contributions set forth in those Master Labor Agreements without reference to the foregoing. 1 5.2.2 The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agiwrnent(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds ibr its employees. The Contractor authorizes the parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. i 5.2.3 Bach Contractor and subcontractor is required to certify to the CWA Administrator that it Iran paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention, Further, upon timely notification by a Union to the CWA Administrator, the CWA Administrator shall work with any prime Contractor or I 1 Community Workforce Agreement 14 City of Santa Ana ; City Council 16 —226 5/19/2026 EXHIBIT 2 subcontractor who is delinquent in payments to assure that proper benefit aontrlbutions are wade, to the extent of requesting the City or the prime Contractor to withhold payments otherwise clue such Contractor, until such contributions have been made or otherwise guaranteed. Section 5.3 _Wageprerniums Wage premiums, Including but not limited to pay based on height of work, bazarcl pay, scaffold pay and special skills shall not be applicable to work under this ,Agreement, except to the extent provided for in any applicable prevailing wage determination, AxnCLL 6 110QRIS 0 RK 0VER:11MEl S I 'S AND JJQLIDAYS Section 6.1 Hours of W_arl light(8) hours per day between the hours of 6:00 a.m. and 5:30 p.m., plus one-half (%,,) hour unpaid lunch approximately mid-way through the shift, shall constitute the standard work day. Forty(40)hours per week shall constitute a regular week's work. The work week.will start on Sunday and conclude can Saturday. 'I`he foregoing provisions of this 1 Article are applicable unless otherwise provided in the applicable prevailing wage determination, or tireless changes are permitted by law and such are agreed upon by the Parties. Nothing herein I shall be construed as guaranteeing any employee eight (8) hours per day or forty (40) hours per week, or a Monday through Friday standard work schedule. Section 6.2 Plac Work Employees shalt be at their place of work (as desigiiated by the Contractor),at the starting time and shall remain at their place of work,peribrining their assigned :Functions, until quitting time.The place of work is defined as the gang or tool box or equipment at I the employee's assigned work location or the place where the foreman gives instructions. The Parties reaflirin their policy of a fair day's work for a fair day's wage. Except as provided in. Section 6.6,there shall be no pay For time not worked unless the employee is otherwise engaged at tho direction of the Contractor. Section 6.3 Overtime Overtime shall he paid in accordance with the requirements of the applicable prevailing wage determination. There shall be no restriction on the Contractor's scheduling of overtire or the nondiscriminatory designation of employees who will work overtime,There shall be no pyramiding of overtime(payment of more than one form of overtime compensation fire the same hour) under any ckoum:stances. Section 6A Shifts ancf_Alteia�ate Wa•k c1 i dines 6.4.1 Alterwite starting and quitting time and/or shift work may be performed at the option of the Contractor upon three(3)days'prior notice to the affected U-nion(s), unless a shorter notice period is provide[ for in the applicable Muster Labor Agreement If two shifts are worked, � each shall consist of eight(8)hours of continuous work exclusive of a one-half(%)hour non-paid. lunch period, .for eight(8)hours pay.The last shift shall start on or before 6:00 p.m.The first shift starting at or after 6:00 a.m. is designated as the first shift, with the second shill:folluwing. 6.4.2 Contractors,the Trades Council and the Union recognize the economic impact upon the City and City residents of the Project being undertaken by the City and agree that all Parties to I Community Workforce Agreement 15 City of Santa,Ana � City Council 16 — 227 5/19/2026 I EXHIBIT 2 this Agreement desire and intend Project Work to be undertaken in a cost efficient and effective manner to the highest standard of quality and craftsmanship, Recognizing the economic : conditions, the Parties; agree that;, except to the extent permitted by law, employees performing Project Work shall not be entitled to any differontials or additional pay based upon the shift or work schedule of the ernployoes. Instead, all employees working on Project Work shall be paid at the same base rato regardless of shift or work schedule worked, 6.4.3 Because of operational necessities,the second shift may, at the City's direction, be i scheduled without the preceding shift having been worked. It is recognized that the City's operations and/or mitigation obligations may require restructuring of normal work. schedules, .Except in an emergency or when specified in the City's bid specification, the Contractor shall give 1 affected Union(s)at Ieast three (3)days' notice of such schedule changes. I Section 6,5 Hn i v Recognized holidays for Projact Work shall be those .set fprth and � governed by the prevailing wage determination(s) applicable to such Project Work. i Section 6.6 S vwup2gy 6.6.1 Except as otherwise required by State law, Employees reporting for work and for whom no work is provided,except when given prior notification not to report to work,shall receive two(2)hours pay at the regular straight time hourly rate.Employees who are directed to start work shall receive four(4) hours of pay at the regular straight time hourly rate, Employees who work beyond fesur (4) hours shall be paid for actual hours worked. Whenever reporting pay is provided j for employees,thty will be required to romaln at the Project Site and available for work for such E time as they receive pay,unless released earlier by the principal supervisor oftho Contractor(s)or I his/her design0ed representative. Each employee shall furnish his/leer Contractor with his/her current address and telephone number, and shall promptly report any changes to the Contractor. 6.6.2 An employee called out to work outside of his/her shift shall receive a minimum of two (2) hours pay at the appropriate rate. This does not apply to time worked as an extension of (before or after)the employee's normal shift. 6,63 'When an onrployce leaves the job or work location of his/her own volition, or is discharged for cause or is not working, the employee shall only be paid for actual time worked. Section 6.7 Meal Periods The Contractor will schedule a meal period of no more than one-hall' hour duration at the work location at approximately mid-paint of the schedule shift; provided, however, that the Contractor may, for efficiency of the operation, establish a schedule which craordinates the meal periods of two or more orafl~s. An employee may be required to work through � his moal period because of an emergency or a threat to lime or property, or for such other reasons as are in the applicable Master Labor Agreement, and if he is so required,he shall be compensated in the manner established in the applicable Master Labor Agreement. Section 6.8 Make-tt leas To the extent permitted by the applicable general wage determination,when an empioyee has been prevented from working for reasons beyond tho control of the employer, including, but not limited to inclement weather or other natural causes,during the � I Community Workforce Agreement 16 City of Santa Ana City Council 16 —228 5/19/2026 jl i EXHIBIT 2 regularly scheduled work week, a make-up clay may be worked on a non regularly scheduled work day for which an ornployee shall receive eight (8)hours pay at the straight time rate of pay or any promiuna rate required for such hours ender the state prevailing wage law, AK1`TCLE 7 WORK STOPPAGES ANI)LOCK-OUTS Section 7A No Work Stoppages or Disruptive Activity The Trades Council and the Unions signatory hereto agree that neither they, and c6ch of them,nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk-out, slow- down,picketing,observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors, including, but not limited to, economic shrikes, unfair labor praot:ioe strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Trades Council, or Unions, or their members, agents, representatives orthe employees they represent shall constitute a violation of this Agreement.The Trades Council and the Union shall take all steps necessary to obtain compliance with this Article and ne lthor should be field liable for conduct for which it is not responsible. Section 7.2 E ployee_Ylplat!Qna The Contractor may discharge any employee violating Section 7.1 above and any such employee will not be eligible for rehire under this Agreement, Section 7.3 Standing to Wp_me_ The City,the CWA Administrator,or any Contra.ator affected by an alleged violation of Section 7.1 shall have standing and the right to enforce the obligations established therein. Section 7.4 Lxpi ati€in of Master Labor Agreement if the Master Labor Agreement, or any local,regional,and other applicable collective bargaining agreements expire;during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 7.1 above as a result of the expiration of any such agreement(s)having application on this Project and/or failure of the involved Parties to that agreeineixt to reach a new contract.Terms and { conditions of employment established and set at the time of bid shall rerriain established and set. ! Otherwise; to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurxence on a new contract, work will continue on the Project on one of the following two(2)options, both of which will be offered by the Unions involved to the Contractors affected: 7.4,1 Each of the Unions with a contract expiring Must otfar to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the � Unions involved in such expiring contract may Each propose wage rates and employer Contribution rates to employee benefit fiends under the prior contract different from what those wage rates aixd I employer contributions rates ware under the expiring contracts. The terms of the;Union's interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the;same type Ofco,astructiOn work in Orange County. i Community Workforce Agreement 17 City of Santa Ana. City Council 16 -- 229 5/19/2026 i I EXHIBIT 2 7.4,2 Each of the.Unions with a Master Labor Agreement expiring must of t to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions. if a new Master Labor Agreement, local,regional or other applicable labor at rooment for the industry having application at the Project is ratified and signed during the terra of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus botween the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement,retroactive to whatever date is provided by the 1 new labor agreement for such increase to go into effect,for each employee's fours worked on the j Project during the retroactive period.All Parties agree that such affected Contractors shall be solely responsible for any retroactivo payment to its employees. 7.4.3 Some Contractors may elect to continue to work on the Project under the terius of the interim agreement option offered under paragraph 7A.1 and other Contractors may elect to continue to work on the Project under the retroactivity option oflored (ruder paragraph 7.4.2. `I'o decide botwc*n the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in writing its specific offer of teirrns of the interim,agreement pursuant to pwa.graph 7A.1,whichever is the later(Late. If the Contractor fails to timely select one of the two options,the Contractor shall be deemed to have selected the provisions of 7.4.2. Section 7.5 No I_,oc as Contractors shall not cause, incite, encourage, condone or participate in any loci(-out of employees with respect to Project Work daring the terra of this Agreement. The terra`°lode-out"refers only to a Contractor's exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement,or any other agreement,nor does"lock-aril"include the Ctty's rlecision to slap, suspend or discontinue any Project Work or any portion thereof for any reason. � Section 7.6 Hest Efl'=to End Violation 7.6.1 If a Contractor contends that thero is any violation ofthis Article or Section 8.3, it shall notify, in writing,the Executive Secretary ofthe Trades Council, the Se7nior Fxecutive of the involved Union(s)and the CWA Administrator.The Executive Secretary and the leadership of the involved Union(s)will immediately instruct,order and use their best efforts to cause the cessation of any violation of the relovant Article. 7.6.2 If the Union contends that any Contractor has violated this Article, it will notify that the Contractor and the CWA Administrator,setting forth the facts which the Union contends violate the Agreement, at least twenty-four(24) hours prior to invoking the procedures of Section 7,8. The CWA Administrator shall promptly order the involved Contractor(s) to cease any � violation of the Article. i I i i Community Workforce Agreement 18 City of Santa Ana � City Council 16 —230 5/19/2026 i EXHIBIT 2 Section 7.7 Withhcald ng of_, e:rvices for a' to pay wa Ve_ s arid, x n e.benefits 7.7.1 Notwithstanding any provision of this Agreement to the contrary, it shall.not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket)from a particular Contractor who. (a) fails to timely pay its weekly payroll; or (b) fails to matte timely payments to the Union's Joint Labor/Management Trust Funds iit accordance with the provisions of the applicable Master Labor Agreeinonts. Prior to withholding its members' services for the Contractor's failure to make timely payments to the Union's Joint Labor/Management Trust Funds,the Union shall give at least ten(10) days (Unless ' a lesser period of time is provided In Clio Union's Masten Labor Agreement, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, I return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the tern(10) day period.to attempt to resolve the disputc. i 7.7.2 Upon the payzmrfG of the delinquent Contractor of all monies due and then owing for wages and/or fringe,benefit contributions,the Union shall direct its members to return to work and the Contractor shall return all such members back to wont, i Y a Section 7.8 EWeditod,Fnfbrcomerrt Procedure Any party, including the City, which the Parties agroe is a Party to tine Agreement for purposes of this Article and an intended beneficiary of this Article, or the CWA Administrator,may institute the following procedures, in lieu of or in additlan to any ether actin,n at law or equity,when a broach of Section 7.1 of 7.5,above,or Section 8.3 is alleged. 7.8.1 The Party invoking; this procedure shall notify the first arbitrator identified in the List of Arbitrators attached hereto as Attacbment D. if this arbitrator identified in Attachment D is unavailable at any time, any one of the permanent Arbitrators who is notified shall appoint his alternate to hear the matter. Expenses incurred in arbitration shall be borne equally by the Parties a involved in the arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or i delete from the provisions of this Agreement in any way, Notice to the arbitrator shall be by the i most expeditious means available, with notices to the Parties alleged to be in violation,and to the 'Trades Council if it is a Unio.n alleged to be in violation.Forpurposes of this Article,written notice may be given by telegram, facsimile,hand delivery or overnight mail and will be deemed effective upon receipt. 7.8.2 Upon receipt of said notice,the arbitrator named above or his/lier alternate shall sit and hold a hearing within twmnty-four (24) hours if it is contender) that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive Secretary and the Senior 01"Ficial(s) as required by Section 7.6,as above. 7.8.3 The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which,with appropriate recesses at the,arbitrator's [ t k Community Workforce Agreement 19 City of Santa.Ana City Council 16- 231 5/19/2026 EXHIBIT 2 discretion, shall.not exceed 24 hours unless otherwise agreed upon by all Parties, A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator, 7.8.4 The sole issue at the hearing shall be whether or not a violation of Sections 7,1 or 7.5, above, or Section 8.3 has in fact occurred.The arbitrator shall have no authority to consider any ratter in justification, explanation or mitigation of such violation. The award shall be issued ! in writing within three (3) hours after the close of the hearing, and may be issued without an opinion, If any Party desires a writton opinion, one shall be issued within fifteen(15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance. 7.8,5 Such award shall be final and binding on all Parties and may be enforced by any court of competontjurisdiction upon the filing of this Agreement and all other reIevant documents referred to herein above in the following manner, Written notice oflhe filing of such enforceinei-t proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement loos not waive any Party's right to participate in a hearing for a final order of enforcement.The court's order or orders enforcing the arbitrator's award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement(for a Union),as shown on their business contract for work under this Agreement (For a Contractor)and to the represeriting Union (for an employee), by certified mail by the Panty or Parties first alleging the violation, 7X6 Any rights created by statute or law governing arbitration proceedings inconsistent witil the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue. °i 7.8.7 The fees and expenses of the arbitrator shall bo equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties. E E ARTICLE 8 i KO K A.SSIGNIViEI IM AND JURISDICTIONAL DISPUTi E Section S.1 Agignmcnt of'Woi The assi8nment of Project Work will be solely the responsibility of theContractor performing the work involved;and such work assignments will be in accordance with the Plan lox the Settlement of Jurisdictional Disputes in the Construction Industry(the"Plan") or any successor Plan. � Section 8.2 '(ig Pja All jurisdictional disputes on Project Work between or a:mongthe building and construction trades Unions and the craft employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the htture by the � Building and Construction 'Prudes Department. Decisions rendered shall be final, binding and � conclusive on the Employers and Unions parties to this Agreement. � ! Community'Work,i-brce Agreement 20 City of Santa Ana #� City Council 16— 232 5/19/2026 i EXHIBIT 2 8.2.1 If a dispute arising under this Article involves the Southwest Mountain States Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, at the flan from a list composed of John Kajgel, Robert Hirsch, and Thomas Fagan, and the Arbitrator's hearing;on the dispute shall be held at the offices of the Trades Council within fourteen(14)days of the selection of the Arbitrator.All other { procedures shall be as specified in the Plam Section 8.3 Na �orkDisL- do aver,luris ic: ' All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow-down of any nature, and the )employer's assignment shall be adhered to until the dispute is resolved. Individuals violating'this section shall be subject to immediate discharge. Section 8.4 1're-19b Con1`Qiea1 As provided in Article 16, each Contractor will conduct a pre;job conference with the appropriate affected Union(s) prior to commencing work; provided however, at no time shall the City be responsible for additional costs related to, associated with, or resulting from Union(s)jurisdictional disputes. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. Section 8.5 Resolution of Jurisdictional DDis utes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand-billing or otherwise advising the public that a labor dispute exists,or interference with the progress of.Project Work by reason of a jurisdictional dispute or disputes occurs,the Parties shall exhaust the expedited procedures set forth in the plan, ; if'such procedures are in the plan then currently in effect, or otherwise as in Article 7 above. AWFICLIP 9 MA-N.A.GEMENIJ -H.,.� Section 9.1 Contractor 4nd Cit 1 i is The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work without any limitations unless expressly limited or required by a specific provision of this Agreement or an MLA.In addition to the following and other rights of the Contractors enumerated in this Ag.rcoment, the Contractors exprossly reserve their management rights and all the rights conferred upon them by law. ` 'he Contractor's rights Include, but are not limited to,the right to; { (a) plan, direct and contra I operations of all work; � a (b) Hire, promote, transfer and layoff their own employees, respectively, as deemed { appropriate to satisfy work and/or skill requirements; (c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; (d) Discharge, suspend or discipline their awn employees for just cause; (e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any typos or kinds of materials, apparatus or equipment, 1 I i Community Workforce Agreement 21 City of Santa Aria City Council 16 —233 5/19/2026 EXHIBIT 2 regardless of source of manufacture or construction;assign and schedule,work at their discretion; and (#} Assign overt!=,determine when it will be,worked and tine ournber mid identity of the employees engaged in such work, subject to such provisions in applicable Master Labor Agreenicnt(s)requiring such, assignments be equalized or otherwise made, in a.uoadisoriininatory manner. Section 9.2 Speciig City Right In addition to the following and other rights of the City emutorated in this Agreement,the City expressly reserves its management rights and all the rights conferred on it by law. The City's rights(arid thoso of the Contract Administrator on its behalf) include but are not limited to the right to; (a) Inspect any construction site or facility to ensure that the Contraotor fellows the, applicable safety and rather work requirements; (b) Require Contractors to establish a different work wools or shift schedule for particular employees as roquired to meet the operational n1mcls of the Project Work.at a particular location; (c) At its sole option, terminate, delay and/or suspend arty and all portions of the covered work at any time;prohibit some or all work on certain days or during curtain hours of the 1 day to accommodate the ongoing operations of the C ity's Facilities and/or to mitigate the efFect of l ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole,judgment, to e-ffectivoly maintain its primary mission and mrnain a good neighbor to those in the area of its facilities,(Ire order to permit the Contractors and Unions to make appropriate scheduling plans,the City will provide the CWA Administrator, and the affected Contractor's) and Union(s) with reasonable notice of any changes it requires pursuant to this section;provided, however, that if notice is not provided in time, to advise employees not to report for work, show-up pay shall be due pursuant to the provision of Article 6, Section 6.6); (d) Approve arty work imthods, procedures and techniques used by Contractors whether or not these methods,procedures or techniques are part of industry practices or customs; and (e) Investigate and process complaints, througli the CW.A Administrator, in the matter set forth tin Articles 7 and 10. I Section 9.3 l ofofMaterials "There should be no limitations or restriction by Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, preiinished, or preassembled materials,tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law.The ousite installation or application of such items shall be performed by the craft having jurisdiction over such work. Community Workforce Agreement 22 City of Santa Ana City Council 16 --234 5/19/2026 i EXHIBIT 2 i Section 9.4 Special Equipment, Warranties at�dGaairanties 9.4.1 It is recognized that curtain equipment ofa highly technical and specialized nature may be Installed at Project Work sites.The nature of the equipment,together with the requirements � for manufacturer's warranties, may dictate that it be prefabricated pro-piped and/or pre-wired and that it be installed under the supervision and direction of the City's and/or rnanufaoturer's personnel. The Unions agree to install such equipment without incident. 9.4.2 The Parties recognize that the Contractor will initiate Rom time to time the use of new technology, equipment, machinery, tools, and other labor-savings duvicas and methods of performing project Work, The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, pat tially assembled Retzrs, or materials wwhatever their source of manufacture or constructiom 9.4.3 If any disagreement between the Contractor and the Unions concerning the:methods of implementation or installation of any etluipnwnt,or devico or itunn, or method of work, anises, � or whether a particular part or pro-assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor aixd the Parties shall immediately consult over the matter. 1f the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 10. i Section 9.5 Ng.l:.ess favorable Treatment The panties agree that Project Work will not receive less favorable treatment than that on any other project which the Unions, Contractors and ornploycos work. ARTICLF 10 SL, EMENT OF VAIVCl1?S.AND DISPUIE Section 10.1 Cogperation and Iliartn i 10.1.1 This .A.grcemont is intended to establish and foster continued close cooperation i between management and labor. The 'Trades Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the CWA Administrator, together with the Contractors, to complete the construction of the Project economically, efficiontly, continuously and without any interruption, delays or work stoppages. 10.1.2 The CWA.MmiAnistrator,the Contractors,Unions, and employees collectively and individually, re.alizo the importance to all Parties of maintaining continuous anti uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Micle or, as appropriate,those of Article 7 or 8. 10.3.3 The CAVA Administrator shall oversee the processing of.grievances under this Article and.Articles 7 and 8, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed-upon panel to hear the case,and any other administrative � l Community Workforce Agreement 23 City of Santa.Ana City Council 16--235 5/19/2026 EXHIBIT 2 matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance; to insure the time Ili-nits arkcd deadlines are met. Section 10.2 Processing G ievances Any questions arising out of and during the tern) of this Agreement involving its interpretation) and application, which includes applioable provisions of I the Master ;Labor Agreement, but not jurisdictional disputes or alleged violations of Section 7.1 and 7.4 and similar provisions,shall be considered a grievance and subject to resolution under the following procedures. 5teo 1. n oyee QJJqvanye§ '4illhen any employee subject to the provisions of this Agreement fools aggrieved by an alleged violation of this Agreement,the employee shall, through � his local Union business representative or,job steward, within ten (.lU) working clays after the j occurrence of the violation, give notice to the work site representative of the involved Contractor i stating the provision(s)alleged to have been violated.A,business represen active ofthe focal Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten.(10) wonting clays after timely notice has been given.If they fail to resolve the matter within the prescribed period,the grieving party may,within ten(10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof,the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to havo been violated. Criovances and disputes settled at Step 1 shall be non-pracedential except as to the parties directly involved. [Joan or C citrtra for Grievances Should the lJnion(s) or any Contractor hive a dispute, with the other Party(ies) and, if after conferring within ten (1O)working days after the disputing; Party knew or should have known ofthe facts or occurrence giving rise to the dispute,a settlement ds not reached within five(5) working days,the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1 above for the adjustment of an employee Complaint. S_ tM 2. The business manager of the involved Union or his designee, together with the site repre;wntative of the involved Contractor, and the labor relations representative of the CWA Administrator,shall meet within seven(7)wanting days of the referral of the dispute to this second sleep to arrive at a satisfactory settlement thereof if the Parties fail to reach an agreement, the dispute may be appealed in writing in acoordance with the provisions of Step 3 within seven (7)calendar clays after the inidaEl meeting at Stop 2. Step 3. (a) if'(lie grievance shall have been submitted but not resolved under Step 2, either the Union of Contractor Party may roquest in writing to the CWA Administrator (with copy(ies) to the other Party(ius) within sevon (7) calendar days after the initial Stop 2 meeting, that the grievance be submitted to an arbitrator selected Prow the agreed upon list in "Attaohimont(D)"attached hercto,on a rotational basis in the order listed.The MA Administrator shall notify the parties to the grievance o:f'the date,tune and location of the hearing. The f lkire.of any party to attend said hearing shall not delay the hearing of evidence or the issuance of any decision by the arbitrator. The decision of the arbitrator ,shall be final and binding on all parties, Community 'Workfaroe Agroomont 24 City of Santa Ana j City Council 16-- 236 5/19/2026 EXHIBIT 2 Should any party seek confirmation of the award made by tho arbitrator,the prevailing party shall be entitled to receive its reasonable attorney fees and costs. (b) Failure of the grieving Party to adhere to the time limits established i herein shall render the grievance null and void.The time limits established herein may be extended only by consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to or detract from any of the provisions of this � Agreement, s i (c) The fees and expenses incurred by the arbitrator, its well as those i ,jointly utilized by the Parties (i.e. conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s)and Contractor(q)involved. Section 10.3 im.it Qu Use oLErocedu= The procedures contained in this Article shall not be ' applicable to any alleged violation of Articles 7 or 8, with a single exception that any employee discharged for violation of Section 7.2,or Section 8.3,may resort to the procedures of this Article to determine only if he/she was, in fact,engaged in that violation. Section 10.4 N is The CWA. Administrator (and the City, in the case of any grievance i regarding the Scope of this Agreement), shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further,the CWA Administrator shall, upon its own request, be permitted to participate fully as a party in all proceedings at such steps. RE GUI..ATORY G MPLIA. CE i 1 Section l I.l Cor�plia�n�e wit1L 1 q, ys The Trades Council and all Unions, Contractors, and ' their employees shall comply wi(h fill applicable federal and state laws,ordinances and regulations including, but not limited to,those.relating to safety and health, employment and applications for omployment. All employees shall comply with the safety regulations established by the City, the CW'A Administrator or the Contractor,Employees must promptly report any injuries or accidents i to a supervisor. Section 112 llsv ' in W e i7_�lnlitlr All Contractors shall comply with the state laws and regulations, as well as Santa .Aria Municipal Code section 33-206 on prevailing wages. Compliance with this obligation gray be e0broad by the appropriate parties through Article 1.0 i above, or by pursing the remedies available tinder state law through the Labor Commissioner or the Departmont of Industrial Relations, Section 11.3 Violaflons of Law Should there be a finding-by a Court or administrative tribu.rral of competent jurisdiction that a Contractor has violated federal and/or state law or regulation, the City, upon notice to the Contractor that it or its subcontractors is in such violation (including any € finding of non-compliance; with the California prevailing wage obligations as enforced pursuant to DIR. regulations), the City, and in tho absence of the Contractor or subcontractor remedying � such violation, may take such action as it is permitted by law or contract to encourage that Community Workforce Agreement 25 City of Santa Alta City Council 16 —237 5/19/2026 EXHIBIT 2 Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the o5ending ConUactor from'Project Work. ARTICLE 12 SAEETY la,ND P1-E-CTION OF PERSON_.AND.I'1t;U1'CRTY ! Section 12.1 S tty 12,1.1 It shall be the responsibility of each C:ontructur to ensure safe working conditions and employee complimwe with any safety rules contained herein or established by the City or the Contractor, whichever is most restrictive shall apply. 'It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City. 12.1.2 Employees shall be bound by the safety, security and visitor rules established by the Contractor and/or the City. These roles will be published and hosted, All omployee's failure to satisfy his/her obligations under this section will subject hinVher to discipline,tip to and including discharge. i i 12.1.3 The Parties shall adopt the Substance: Abwe Policy attached hereto as Attachment "U1," which shall be,the policy and procedure utilised sander this.Agreement. Section 12,2 ' s ensiono or far Safety A Contractor may suspend all or a portion of the job to protect the life and safety of employees.In,such cases, oaraployees will be compensated only for the actual time worked;provided, however, that where the Contractor requests employees to retarairi at the site and he available for work,the employees will be compensated for stand-by time at their basic hourly rate of pay. Section 12.3 Wgter and San".kM Facilities The Contractor shall provide adocluate supplies of drinking water and sanitary facilities fbr all employees as required by state law or regulation, i ARTICLE 13 � TRAAVEL AND SUB '.IS4� TENCE � Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements shall be paid in accordance with the applica.bl.o Master Labor Agreement unless i superseded by the applicable prevailing wage determination, ARTICLE 14 APPRENTICES Section 14.1 url ova rtwtLq of Training The Parties recognize the need to r.intain i continuing support ofthe pzograms designed to develop adequate number&of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the. constsuction pro gmm,To these ends,the Parties will facilitate,errcotur age,and assist local t sidents 1 i i Community Worktorce Agreement 26 Cite of Santa Ana. City Council 1 S—238 5/19/2026 i EXHIBIT 2 I to cotnanence and progress in Labor/Management Apprenticeship and/or graining Programs in the construction industry leading to participation in sucli apprenticeship progtwns. The City and the Trades Council,will work cooperatively to identify, or establish and tnaintain, effective programs and prowdures for persons interested in entering the construction industry and which will help prepare, them fox the formal joint labor/management apprenticeship programs maintained by the signatory Unions. Section 14.2 U e of Approaticeg 14.2.1 Apprentices used on Projects under this Agreement shall be registered in Joust Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent(30%) of each craft's work tbrce(calculated by hours worked) at any time, unless the standards of tho applicable joint apprenticeship committee confirmed by a Elie Division of Apprenticeship Standards ("f1AS"), establish a lower or higher maximum percentage. Where the standards pertnit a higher percentage,such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage,the applicable Union will use its best eftbrts with the Joint Labor Management apprenticeship cominittee and, if necessary, the ' DAS to pen-nit up to thirty percent(30%) apprentices on the Project. l 14.2.2 The Union agree to cooperate with the Contractor in furnishing apprentices as � requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance,at a minimum,with-the applicable provisions of'the Labor Code relating to utilization ofrapprentiecs.The City shall encourage such utilization,and,both as to apprentices and the Overall supply of experienced workers, the CA Administrator will work with the 1`rades Council to I assure appropriate and maximuari utilization o:fapprentices and the continuing availability of both apprentices and journey persons, i 14.23 The Parties mace that appro atices will not be dispatched to Contractors working under this Agreement unless there is a journeyingn working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice'$ progress through tile prograin in which he is participating, 14.2,4 All apprentices shall work under the direct supervision of a journeyman frorn the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulation, 'Title 8 [app:ren icoship] stVion 205,which defines a journeyman i as a person who has either completed an accredited apprenticeship In his or her craft, or has ' completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticcahle occupation. Should a question arise as to a journeyman's qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker's qualification as a journeyman to the Trades Cotmoil. Community Workforce Agreement 27 City of Santa Aria City Council 16 — 239 5/19/2026 i i EXHIBIT 2 ARTICE E 15 WOF ,K1NQ.QQNDtT1QNS Section 15.1 Meal Md Rest Periods There will be no non-working dates established during; E working hours except as may be required by applicable state law or regulations.Meal periods and Rest periods shall be as provided for in Wage Order 16. .Individual ccMe containers will be permitted at the employees'work location; however, there will be no orga.nixed coffee breaks. Section 15.2 WorkMules The City, the CWA. Administrator, and/or relevant Contractor shall establish such reasonable work rules as they deem appropriate and not inconsistent with this 1 Agreement. "These rules will be posted at the work sites by the Contractor and may be amended thereafter as necessary. Failure to observe these rules and regulations by employees may be V.-ounds for discipline up to and including discharge. Section 153 Lm r ency Use of Tools and Equipment 'There should be, no restrictions oft the emergency use of any tools by any qualified employee or supervisor, or on the use of'any tools or { equipment for the performance of work within the jurisdiction,provided the employee can safely use the tools anal/or equipment involved and is coinplian.ce with applicable governrnvntal rules and regulations, Section 1.5.4 Access Restric;tiona fox Cars Recogalzing the nature of the work being conduotod on the site, employee access by aprivate automobile rua,y be limited to certain roads and/or park!Dg areas. i AR 1'1CLE' 16 PRE-JOB CONFERENCE, Section 16.1 each Primary Contractor which is awarded.a Construction Contract by tho City for Project Work shall conduct a.pre-Job conference with the appropriate affected Union(s) prior to oattimencing work.All Contractors who have been awarded contracts by the Prifnary Contractor shall attend the Pre-.lob conference. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre-Job conferonoo. in accordance with industry practice. Should there be any formal jurisdictional dispute raised under Article 8, the CWA Administrator shall be promptly notified. Primary Contractor shall have available at the Pre-Job conference the plans and drawing for the work to be performed on the Project. Should additional Project Work not previously included-within tltc scope of the Project Work be added, the Contractors performing such work will conduct a separate pre;fob for such E newly included work. ARTICLE 17 LA13C11tlMANt G 1V NT CQOPERATION Section 17,1 JoiL�t,Comk IgQ The parties to this.A.greoment may establish a six(6)person Joint Administrative Committee (JAC), This JA.0 shall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Trades Council to monitor I Community Workforce Agreement 28 City of Santa Ana, � City Council 16— 240 5/19/2026 I EXHIBIT 2 E colopl.ian.ce with the terms and conditions of this Agreement and to recommend amendments to this Agreement,with the exception of the dollar threshold specified in Section 2.2(a)and the term of this Agreement under Section 22.1,when doing so would be to the mutual benefit of the Parties. Each representative shall designate an alternate, who shall serve in his or her absence for any purpose contemplated by this Agreement.A quorum will consist of at least two(2)representatives selected by the City and at least two (2)representatives selected by the Trades Council. For voting purposes,only an equal number of City and Union representatives present may constitute a voting quorum. Section 17.2 Functior3 of Joint Commit The C;oramittee shall meet on a schedule to be determined by the Committee or at they call of the joint chairs,to discuss the administration of the ' Agreement, the progress of the Project, general labor management problems that may arise, and any other matters consistent with this Agreement. Substantive grievances or disputes arising under Articles 7, g or 10 shall not be reviewed or discussed by this Committee, but shall be processed pursuant to the provisions ofthe appropriate Article. The CWA Administrator shall be responsible for the scheduling of the meetings,the preparation of the agenda topics for the meetings,with input from the Unions the Contractors and the City.Notice of'the date,time and place of meetings, shall be given to the Committee members at least three (3) days prior to the meeting. The CWA Administrator shall prepare quarterly reports on apprentioe utilization and the training and employment of City residents, and a schedule of project Work and estimated number of era;tt s workers needed. The Committee or an appropriate subcommittee, may review such reports and rnake any recommendations for improvement, if necessary, including increasing the availability of skilled trades,and the employment of local residents or other individuals who shmild be assisted with appropriate training to qualify for apprenticeship programs. ARTICLE 18 SAVINQ 1 D ,EPARABILTTY Section 18.1 'avin s Clause it is not the intention of the City, the C°WA, Administrator, Contractor orthe Union parties to violate any laws governing the subject matterof this Agreerent. The Parties hereto agree that in the event any provision of this Agreement is finally geld or � determined to be illegal or void as being in contravention of any applicable lave or regulation, the remainder of the Agreement shall remain, in full farce and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intuit of the Parties hereto.If the legality of this Agreement is challenged and any form of injunctive relief is granted by any count, suspending temporarily or permanently the implementation of this Agreement, theta the .Parties agree that all Project Work that would otherwise be covered by this Agreement should be I continued to be bid and constructed without application ofthis Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work. l Section 1 g.2 E ect of ln' ,actions or Qther Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid I Community Workforce Agreement 29 City of Santa Ana. i City Council 16 — 241 5/19/2026 i i EXHIBIT 2 specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or [tounar►ently in delay of the bidding, awarding and/or construction on the; Project. Notwithstanding :such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and.-the fact on covered Projc et Work to the maximum extent legally possible. ARTICLA 19 MA LVE- A waive.• of or a failure to assert any provisions of"this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the :Future. Any such waiver shall not constitute a modifaoation of the Agreement or olmange in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or � obligations hereunder, ARUCLE 20 AMENDAX-RD, The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise � altered only by mutual agreement hi.writing, hereafter signed by the negotiating.Parties horoLo. In 1 the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit,the provisions of this Agreement shall govern. ARTICLE 21 DUR.�4�°IC1N OF THE a AGREEMENT Sect'on 21� .1 Duration , F 1 21.1.1 This Agroemxment ,shall be effective from the date sigried by all Parties and shall remain in effect for a period often(10)years. Any covered Project Work awarded during the term of this Agreement shall continue to be covered hereunder, until completioll of the Project Work, notwithstanding the expiration date of this Agreement. } a 21,1,2 This Agreement may be extended by written mutual consent ofthe,City,as directed by the City Council and the signatory Unions for such further periods as tl.e parties shall agree to. i Section 22.2 Tu over nd vial ccc of Completed Work 22.11 Construction of any phase, portion, section, or segtne.nt of Project Work shall be d+ecined complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase,portion., section, or segment.As areas and systems of'the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such itQrus or areas, except when the Contractor is directed by the City to engage and � repairs or modifications required by its contracl(s)with the City. Community Workforce Agreement 30 City of Santa Ana City Council 16—242 5/19/2026 EXHIBIT 2 22.2.2 Notice oFeach Final acceptance received by the Contractor will be provided to the Trades Council with the description of what portion, Segment, etc. has been accepted. Filial acceptance may be subject to a"punch" list,and in Stich case,the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor.At the request of the Union, complete information describing any "punch" list work, as well as any additional work required of a Contractor at the direction of the City pursuant to Section 22.2.1 above, involving otherwise turned-over and completed facilities which have been accepted by the City,will be available from the CWA Administrator. IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated. CITY OF SANTA AN'A LOS ANGELES/ORANGE COUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL By. By;- A�� Kristine Ridge esto Ir I City Manager xecutiv ATTEST: By: Jennifer L. Hall City Clerk APPROVED AS TO FORM: r r, .lose Montoya Assistant City Attorney RECOMMENDED BY: Nabil Saba, P.E_ Executive Director Public Works Community Workforce Agreement 3 i City of Santa Ana City Council 16 —243 5/19/2026 OonuSign Envelope ID.A3898E7C-26iC-43EE•9E8a-3D2Af37CC4F74 EXHIBIT 2 LOS ANGELESfORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL CRAFT UNIONS AND DLSTRICT COUNCILS Asbestos Heat&Frost Insulators(Local 5) Viak- Boilermakers (Local 92) Bricklayers&Allied Craftworkers (Local 4) Cement Masons(Local 500) µ' • �^ District Council of Laborers Electricians (Local 441) ? Elevator Constructors(Local IS) Gunite Workers (Laeal 345) L s1 Inan Workers(Reinforced—Local 416) Iron Workers(Structural--Local 433) Laborers(Local 300) (remediation) f 61,Yt (00 mow• Laborers(Local 652) AA,!&.,A4—j- Operating Engineers(Local 12) J Operating Engineers(Local 12) Operating Engineers(Local 12) Painters&Allied,trades DC 36 �.. aatus�^T Pipe Trades(Local 250) , ew uora+,};ry Pipe Trades(Local 3E45) �,� Pipe Trades(Plumbers/Fitters Local 582) Pipe Trades(Sprinkler Fitters Local 709) ,,j Plasterers(Local 200) � Plaster Tenders Local(1414) uwp- UAW- Roofers & Waterproofers (Local 220) Sheet Metal Workers(Local 105) =ws,� Mw4*w". Teamsters (Local 986) say^ as Southwest Mountain States Regional Council of Carpenters L`7 'Y C.o:nn-sunity Workforce Agreement 32 City of Santa Ana City Council 16 —244 5/19/2026 EXHIBIT 2 ATTAC1-3mENT A—LETTER OF ASSENT i To be sighed by all contractors awarded work covered by the City of Santa Ana Community Workforce Agreement prior to commencing work. [Contractor's Letterhead] CWA Administrator City of Santa Ana 1234 address City, state,zip code Attn: — !f Ro: Community Workforce Agreement Letter of Assent i Dear Sir; This is to confirm that[name of company] agrees to be party to and bound by the City of Santa Apt Community Workforce Agreement, offeetive.June 6, 2023, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms, Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and f4mishing to you atz identical lector of assent prior to their commencement of work, Sincerely. [Marne of Construction Company] BY: Naine and Title of Authorized Executive Contractor State License No.,_ (Copies of this letter insist be submitted to the CWA Administrator and to the Trades Council Consistent With Section 2.6(b),J i Community Workforce Agreement. 33 City of Santa Ana City Council 16 —245 5/19/2026 I EXHIBIT ATTACBIt/iI?NT D I FIRST11U,R ZIP CODES(CITY BOUNDARY *Some Zip Codes ARM witli neighboring cities 92701 92702 92703 92704 92705 92706 92707 92711 92712 92725 92735 j 92799 *92866 *92868 6 i I i �1 3 i a i F f 7 CQ ntmunity Worldorce Agreement 34 -- City of Santa ALO { City Council 16—246 5/19/2026 i EXHIBIT ATTACHMENT B—Continued SECOND TIER ZIP CODES RENLA1NDER OF ORANGE COUNTY, Zip city 92626 Costa Mesa Code 92627 Costa Mesa 90620 Buena Park 92628 Costa Mesa 90621 Buena Park 22 229 Dana Point 90622 Buena Park 92630 Lake Forest 90623 La Palma 92637 Laguna Woods 90624 Buena Park Huntington 9Q630 Cypress 22646 Beach 90631 La Habra 92647 Huntington La Habra Beath 0633 La Habra 92648 Huntington g6$0 Stanton Beach 90720 Los Alamitos 92649 Huntington 90721 Los Alamitos Beach 90740 Seal Beach 92650 East Irvine 9.0742 Sunset Beach 926S1 Laguna Beach 90743 Surfside 92652 Laguna Beach 92602 Irvine 92653 Laguna Hills 92603 Irvine 926S4 Laguna Hills 92604 Irvine 52655 Midway City Huntington `92265 Aliso Viejo 92605 Beach 92657 Newport Coast 92606 Irvine 92658 Newport Beach 92607 Laguna Niguel 92659 Newport Beach 92609 El Toro 92660 Newport Beach 92610 Foothill kanch 92661 Newport Beach 9261.2 Irvine 92662 Newport Beach 92614 Irvine 92663 Newport Beach 92615 Huntington 92672 San Clemente Beach 92673 San Clemente 92616 Irvine 9267 San Clemente 92617 Irvine 92575 San Juan 92618 Irvine Capistrano 019 Irvine 92676 Silverado 9262[] Irvine 92677 Laguna Niguel 92623 Irvine 92678 Trabuco 92624 Capistrano Canyon Beach 92679 Trabuco 92625 Corona Del Mar Canyon Community Workforce Agreement 35 City of Santa Ana City Council 16 -- 247 5/19/2026 EXHIBIT 2 92683 Westminster 92823 Brea 22684 Westminster 9ZS25 Anaheim 92685 Westminster 9201. Fullerton 92688 Rancho Santa 928.32 Fullerton Margarita 92833 Fullerton 92690 Mission Viejo 92834 Fullerton 92691 Mission Viejo 92835 Fullerton 92692 Mission Viejo 9233 Fullerton 92693 San Juan 92837 Fullerton Capistrano 92838 Fullerton 92694 Ladera Ranch 92840 Garden Grave 92697 Irvine 92841 Garden Grove 92698 Aliso Viejo 92842 Garden Grove 92708 Fountain Valley 92843 Garden Grove 92709 Irvine 92844 Garden Grove 92710 Irvine 978,45 Garden Grove 92728 Fountain Valley 9_27Bfl Tustin �-84 Garden Grove 6 92850 Anaheim 92781 Tustin 92856 Orange 2782 Tustin 92857 Orange 92801 Anaheim 92859 Orange 9 BtJZ Anaheim 92a61 Villa Park 92803 Anaheim 92862 Orange 992604 Anaheim 92863 Orange 92805 Anaheim 92864 Orange 92aQ Anaheim 92865 Orange 92807 Anaheim 92866 Orange Anaheim 92867 Orange 92809 Anaheim 92868 Orange 92811 Atwood 92862 Orange 92812 Anaheim 92870 Placentia 92814 Anaheim 92871 Placentia 92815 Anaheim 92885 Yorba Linda 92816 Anaheim 92886 Yorba Linda 92817 Anaheim 9288 Yorba Linda 92821 Brea 92899 Anaheim 92822 Brea Community Workforce Agreement 36 City of Santo Ana City Council 16 — 248 5/19/2026 EXHIBIT 2 ATTACHMENT C CITY OF SANTA ANA CRAFT REQUEST FORM TO THE CONTRACTOR:PlMSe complete and fox this form to die applicable union to request craft workers flint fulfill the hiring requirements for Plus project.After faxing your request,please call the Local to verify reouipt and substantiate their capacity to furnish workers as specified below.Please print your Fax'rn9nsmission Verification Reports and keep copies for your records. The City of Santa Ana Community Workforce;Agreement establishes a goal(hat 30%of the total work hours shall be: First, from qualified workers residing in those in those U.S.Postal Service zip codes which overlap all of the City of Santa Ana,as set forth in Attachment D and veterans,regardless of where they reside(Tier I);and, Second,qualified workers residing within Orange County and individuals who have successfidly completed the Building Trades Multi-Craft Core Curriculum pre-Apprenticeship Program,regardless of where they reside. For Dispatch purposes,employees residing within either ofthese two(2)tiers,as well as Veterans and individuals who have successfully completed the Building Trades kfulti-Craft Core Curriculun,Pre-Apprenticeship Program, regardless ofwhcre they reside,shall be rcterrcd to as Lmal Residents. TO'1111L UNION:Please camplele the ,Union Use Only?'section on the next page and fax this form hack to tic requeslit[g Contractor. 13c sure to retain a copy of this form for your r`cords. CONTRACTOR USE ONLY To: Union Local M Fax#f Dates Cc: CWA Administrator From: Company: Issued By; Contact Phone:( Contact Fax: PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKT,RS. Local Resident, Number Craft Classification Journeyman VeteranVeteran( i.e.,plumber.painter, tx a of Of etc.) workers General Dispatch orkers Report Date Repc,rt Time needed TOTAL WORKERS REQUESTED Please hmv workLrtsl report to rile till lo%c ink work addm&s indicated W-ow: Project Name, Site: . Address: Repent tut ___ .w_ fJn-site Fel: Orr-site F": Comment or Special Instructions. Community Workforce Agreement 37 City of Santa Ana City Council 16 — 249 5/19/2026 EXHIBIT 2 OJO-N Jr�9E 0Y I Date dispatch request received: ; Dispatch received by: 1 Classification of worker requested: Classification of Worker dispatched: Ne: Date worker was dispatalied: IN tihs worker refeilvd a: (check:all that apply) JOURNEYMAN � Yes N0 APPRENUCE Yes No LOCAL RESIDENT � 'Yes 'No VETERAN Yes No GENERAL DISPATCH FROM OUT OF WORK LIST yey NO I I 1 f i I Community'Workforce Agreement 38 City Of Santa Ana. i City Council 16— 250 5/19/2026 j EXHIBIT 2 ATTACHMENT D List of Neutral Arbitratom Marls Burstein Fred Horowitz Najeeb Khoury 1 a r 1 1 COMmunity Workforce Agreement 39 City of Santa Ana City Council --- -- 16 -- 251 5/19/2026 i EXHIBIT 2 ATTACHMENT NT"E" SUBSTANCE ABUSE 1f OLICX The Parties recognize the problems which drug and alcohol abuse have created in tho construction industry and the need to dovelop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the work plain and to malwain Et drug and alcohol free work environment, individual Contractors may require applicants or employees to undergo drug and alcohol testing. f I. It is understood that the use,possession,transfer or sale of Illegal drags, narcotics, or other wilawful substances,as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Contractor's job premises or while working on any jobsite in connection with work performed under the Community 1 Workforce Agreement("CWA'). 2. No Contractor may implement a.drug testing program which does not conform in all respeots to the provisions of this Policy. 3. No Contmetor may implement drug testing at any jobsite unless written notice is given to the Union setting forth tho location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice ' shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in person or by registered snail before the irnple=nitatlon of drug testing. Failure to give such notice shall make any drug testing engaged in by the Contractor a violation of the CWA, and the Contractor may not implement any form of drug testing at such jobsite fior the following six months. R 4. An employer who elects to implement drug testing pursuant to this Agmernent shall roquire all employees on the Project Work to be tested. With respoot to individuals who become employed on the Project Work subsequent to the proper implementation of this drug testing program, such test shall be administered upon tbo commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the projectprior Lo tho proper implementation of this drug testing program may only be subjected to testing for the reasons set forth 1n Paragraph 5(f.) j (1) through 5(0 (3) of this Policy. Refusal to undergo such testing shall be considered sulflicient grounds to deny employment on the project. 5, The following procedure shall apply to all drug testing. a, The Contractor may request urine samples only.The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon, request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee,touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens.A.Unio n Businem Representative, subject to the approval of the ladividuaI applicant or erxmptoyee, shall be permitted Community Workforce Agreement 40 City of Santa Aria City Council 16- 252 5/19/2026 I EXHIBIT 2 to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen. b. The testing shall be done by a laboratory approved by the Substance Abuse &Mental Health Services Administration.(SAMNSA), which is chosen by the Contractor and the Union, c. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique(EM2T).In the event a question or positive result arises from the initial test, a confirmation test roust be utilized belbre. action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Klass Spectrometry((IC/MS). Cutoff levels for both the initial test and conftmation test will be those established by the SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or crew testing procedures are approved,then these new regulations will be deemed as part of this existing agreement. Confirmed positive samples will be retained by the testing laboratory in secured long- term frozen storage far a.rtrininlurn of one year.Handling and transportation of each sample must I be documented through strict chain of custody procedures. d. In the event of a. confirmed positive test result the 1� applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen frorn the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the I Union and approved by SA.MHSA. The retest crust be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory, Retesting shall be performed at the applicant's or employee's expense. In the event of conflicting test results the Contractor may j require athird teat. Q. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive,this shall be considered sufficient grounds to decay the � applicant or employee his/her employment on the Project Work, I I f No individual who tests negative for drags or alcohol Pursuant to the above procedure and becomes employed on the Project Work shall again be subjected to drug testing with the.following exceptions: f1. L1rrrployees who are involved in industrial accidents resulting in damage to plant,property or equipment or injury to hirn/herselfor others may be tested pursuant to the procedures stated hereinabove. 2. The Contractor may test employees following thirty (30) days s advance written notice to the employee(s) to be tested and to the applicab[o Union, Notice to the applicable 'Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove. 3. The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired frown performing his/her job,Reasonable Community Workforce Agreement 41 City of Santa Ana j City Council 16 — 253 5/19/2026 ! i i EXHIBIT 2 I I I cause shall be defined as oxhibiting aberrant or unusual behavior,the type ofwhich is a recognized and accepted symptom of impairment(i.e., shirred speech, unusuaI la&of muscular coordination, etc). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has boon trained to recognize the symptoins of drug abuse or impairment and [he other of whom shalt be the job stoward. Ifthe job steward is unavailable or there is no job steward on tho project the other person shall be a member of the applicable Union's bargaining unit,Tasting shall be pursuant to the procedures stated hereinabove.Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's ,payry ll, g. Applicants or employees who do not test positive shall be paid for all time f lost while undergoing drug testing. Paymwit shall be at tho applicable wage and benefit rates set forth in the applicable Union's Master Labor Agreement. Applicants who have been dispatched from the Union and who are riot put to work pending the results of a test will be paid waiting time until such time as they aro put to worlc. It is understood that an applicant must pass the test as a condition of ernployanent. Applicants who are put to work pending the result9 of a test will be considered probationary employees, 1 6, The employers will be allowed to conduct periodic ,job site drug seating on the Project under the following conditions: a. The entirejobsite must bo Los Lod,including any vaq)loyee or subcontractor's e1uployee who worked on that project three (3)working days before or after the date olfthe test; b. Jobsite testing cannot commence sooner than thirty (30) days after Aart of tho.work on the;Project; C. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsito testing program to a: acted employees; d, Vesting shall be conducted by a SAMFISA certified laboratory, pursuant to the provisions set forth in Paragraph 5 heroinabove. e. Only two periodic tests may be performed In a twelve month period, 7, It is understood that the unsafe use of prescribed medication, or where the use of presoribod xnedication impairs the employee's ability to perform work, is a basis for the Contractor to remove the Qmployee fro m'the jobsite. S. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance mid arbitration procedures set forth in the CWA. 9. The establishment or operation of this Polioy $hall not curtail any right of any employee found in any law, ruls or regulation. Should any pay: of this Agreement be found unlawful by a court of competont jurisdiction) or a public agency having jurisdiction over the Community Workforce Agreement 4.2 City of Santa Ana _ City Council 16 — 254 5/19/2026 i EXHIBIT 2 ' i j Parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision. 10. Present employees, if tested positive, shall have the prerogative for rehabilitation program kit the employee's expense. When such program has been successfully completed the Contractor shal I not discriminate in.anyway against the employee.if work for which the employee is qua]ified exists he/she shall be reinstated. 11, The Contractor agrees that results of urine And blood tests performed hereunder will P � be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or onl:ities other than designated Contractor representatives and the applicable Union. Stich release to the applicable Union shall only be allowed upon the signing of a, written release and the information contained thorein shall not be used to discourage the employment of the individual applicant or employee on any subsequent � occasion. I 12. The Contractor shall indemnify and mold the Union harmless against any and all i claims, demands,suits,or liabilities that may arise out of the application of this Agreement and/or 1 any prograrn permitted hereunder. 13. employees who seek voluntary assistance for substance abuse may not be disciplined for seeping such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled its substance abuse programs shall be subject to all Contractor rules, regulations and job performance standards with the understanding that an ' employee enrolled in such.a program is receiving treatment for an illness. 14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing.Any modifications thereto trust be accomplished pursuant to collective bargaining negotiations between-the parties. I i i Community Workforce.Agreesncnt 43 City of Santa Ana I City Council 16—255 5/19/2026 EXHIBIT 2 RUG 13U PRFV . 'IQN AND jL ETEQJION MTEMLK ,,V3 QFF LEVELS SCREENING SCREENING CONFIRMATION CONFIRMATION DRUG METHOD LEVEJ, ** METHOD LEVEL Alcohol EMI"I' 0,02% CG/MS 0.02% Amphetamines EMIT 1000 nghn* CG/MS 500 ng/ml* Barbiturates EMIT 300 ng/ml C,G/MS 200 ng/ml I3enxodiazepines EMI11' 300 ng/ml C:(',i/MS 300 ng/ml Cocaine EMIT 300 ng/rnl* CG/M5 150 n,g A11* Methadone EMIT 300 ng/nnl CO/MS 100 ng/ml Methaqualone, EMIT 300 ng/ml C;Ci/MS 300 rag/wl # Opiates EMIT 2000 ng/ml* CC 2000 nglnxrl* PCP (Phencyclidine) I MIT 25 nghul* C:G/MS 25 ng/ml* f TUC(Marijuana) EMIT 50 aaglml* CsG/MS 15 ngI l* Propoxyphene LIMIT 300 ng/ml CGtMS 100 ng/xnl SAMHSA specified tluvshold ** A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug bolow the cutoff level. EMT, - Enzyme Immunoassay CC/MS - Gas Chromatogjvphy/Mxuss Spectrometry i Gommrutity Workforce Agreement 44 City of Santa Ana ' City Council 16 -- 256 5/19/2026 EXHIBIT 2 SIDE LETrER GF AGREEMENT 'FE,STIN07 POIACY FOR DRUG ABUSE It is hereby agreed between the parties hereto that an Contractor who has otherwise property implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to ofTor an applicant or employee a"quick" drug screening test.This "quicle,screen test shall consist either of the"ICUP"urine screen or similar tost or an oral screen test.The applicant of employee shall have the absolute right to select either of the two "quick"screen tests, or to reject both and request a flull drug test. An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set-forth in the Testing Policy for Drug Abuse. The sample used for the"quick" screen test shall be discarded immediately upon conclusion of the test.An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related to tile"quick" screen test. Community Workforce Agreement 45 City of Santa Ana City Council 16-257 5/19/2026