Santa Ana City Council
March 15, 2022

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to tell any flavored tobacco product. To enforce such an ordinance, the Santa Ana Police Department will expand its current Tobacco Retailer License program enforcement operations as follows:
Weekly business compliance checks to ensure that no flavored tobacco products are sold on premises.
Increased use of undercover decoy programs to identify businesses selling prohibited tobacco products.
Additional infraction citations issued when illicit products are located. Increased permit staff time to revoke tobacco retailer licenses for habitual business offenders.

The current funding associated with the Tobacco Retailer License program has the capacity to absorb the added responsibility to ensure compliance with the proposed prohibition on the sale of flavored tobacco.

If adopted, the ordinance would take effect 30 days thereafter.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Ordinance
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 11 – 2 3/15/2022

ORDINANCE NO. NS-XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA AMENDING ARTICLE III ENTITLED
TOBACCO RETAIL LICENSE OF CHAPTER 18 OF THE

SANTA ANA MUNICIPAL CODE PROHIBITING THE SALE

OF FLAVORED TOBACCO PRODUCTS

WHEREAS, pursuant to the City’s police power, as gra nted broadly under Article XI, S ection 7 of the California Constitution , and Santa Ana Charter S ection 2 00, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents.

WHEREAS, the City Council finds and determines that the recent increase in use of e-cigarettes by middle and high school students is a grave public health concern.

WHEREAS, according to the American Lung Association, smoking is the number one preventable cause of death in the United States killing over 480,000 people per year1.

WHEREAS, t he U.S. Center for Disease Control and Prevention (“CDC”) has definitively linked smoking to more severe illness from COVID-192.

WHEREAS, a recent CDC study found that 99% of e-cigarettes sold in assessed venues in the United States contain nicotine.

WHEREAS, u se of nicotine can harm the developing brain and the brain continues developing until age 25.

WHEREAS, use of nicotine in adolescence can lead to lower impulse control and mood disorders3.

WHEREAS, t here is evidence that youth may be sensitive to nicotine and that teens can feel dependent on nicotine sooner than adults.

WHEREAS, as of 2017, more than two (2) million teens were currently using e - cigarettes.4

1 https://www.lung.org/research/sotc/facts

2 https://www.lung.org/research/sotc/facts

3 E-Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General. 2016. 4 Wang, TW, Centzke A, Sharapova S, Cullen KA, Ambrose BK, Jamal A, Tobacco Product Use Among Middle and High School Students- Untied States, 2011-2017. MMWR Morb Mortal Wkly Rep 2018; 67:629-633 City Council 11 – 3 3/15/2022

Ordinance No. NS - ____

WHEREAS, a ccording to the 2020 National Youth Tobacco Survey, more than

23.6% of high school students in the United States use at least one tobacco product, including e-cigarettes, as well as 6.7% of middle school students.

WHEREAS, i n 2021, 84.7% of youth who reported using e -cigarettes reported using flavored tobacco. The most commonly used flavors were fruit (71.6%), candy, desserts or other sweets (34.1%), mint (30.2%) and menthol (28.8%).5

WHEREAS, f lavorings in tobacco products can make the products more appealing to youth6.

WHEREAS, a ccording to the CDC, each day about 1,600 youth try their first cigarette7.

WHEREAS, according to the CDC, widespread marketing of e -cigarettes and the lower cost (when compared to traditional tobacco products) have contributed t o the use of e-cigarettes among youth.

WHEREAS, if cigarette smoking continues at the current rate among youth in the United States, 5.6 million people currently under the age of 18, will die early from a smoking-related illness.8

WHEREAS, many cities throughout California have banned the sale of flavored tobacco including but not limited to, Buena Park, San Jose, La Verne, Los Angeles, Pasadena, El Monte, Glendale, Burbank and Laguna Niguel.

WHEREAS, the California State Legislature passed SB 793 banning the sale of flavored tobacco in 2020 but the statute is stayed pending the outcome of a referendum on the statewide ballot for the November 8, 2022 General Election.

WHEREAS, t he staff report for this ordinance dated March 1 , 2022 , shall be incorporated herein by this reference , and together with this ordinance, any amendments or supplements, and oral testimony , shall constitute the necessary findings for this ordinance.

NOW, THEREFORE, THE CI TY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

5 Park-Lee E, Ren C. Sawdey M, et al. Notes from the Field: E-Cigarette Use Amount Middle and High School Students- National Youth Tobacco Survey, United States, 2021. Morbidity and Mortality Weekly Report, 2021. 70:1387-9.
6 Centers for Disease Control and Prevention. Flavored Tobacco Product Use Among Middle and High School Students—United States, 2014. Morbidity and Mortality Weekly Report, 2015;64(38):1066–70. 7 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/index.htm?s_cid=osh -stu-home-spotlight-001

8 https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm

City Council 11 – 4 3/15/2022

Ordinance No. NS - ____

Section 1. The recitals and statements o f fact set forth i n the R ecitals to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference and adopted by the City Council.

Section 2. Sections 18-90, 18-91, 18-92 and 18 -103 of Article III entitled “Tobacco Retail License” of Chapter 18 of the Santa Ana Municipal Code are hereby amended to read in their entirety as follows:

Sec. 18-90. Definitions.

The following words and phrases, whenever used in this article, shall have the meanings defined in this section unless the context clearly requires otherwise:

(a) "Department" means the Santa Ana Police Department.

(b) “Characterizing flavor” means any tobacco product that contains a taste or smell, other than the taste or smell of tobacco, this is distinguishable by an ordinary consumer either prior to, or during consumption of, a tobacco product, including but not limited t o, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb or spice. A tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.

Rather, it is the presence of a distinguishable taste or aroma, or both, as described in the first sentence of this definition that constitutes characterizing flavor.

(c) "Chief" means the Chief of Police or designee.

(d) “Flavored tobacco product” means any tobacco product that imparts a characterizing flavor. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on th e tobacco product’s labeling or packaging to e xplicitly or implicitly indicate that the tobacco product imparts a characterizing flavor or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

(e) "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, and includes the definition of "person" found in Section 1-2 of the Code.

(f) "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist City Council 11 – 5 3/15/2022

Ordinance No. NS - ____

when a person can or does have or share ultimate control over the day -to-day operations of a business.

(g) “Tobacco product" means any of the following : (1) a product containing, made o r derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated or chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including but not limit ed to, cigarettes, cigars, little cigars, hookah tobacco, chewing tobacco, pipe tobacco or snuff; (2) an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including but not limited to, an electronic cigarette, cigar, pipe or hookah; (3) any component, part or accessory of a tobacco product whether or not sold separately. “Tobacco product” does not include a nicotine replacement product approved by the US Food and Drug Administration.

(h) "Tobacco retailer" means any person or business who se lls, offers for sale, or does or offers to exchange for any form of consideration, flavored tobacco product, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low cost samples of tobacco products or tobacco paraphernalia. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products sold, offered for sale, exchanged, or offered for exchange.

Sec. 18-91. Tobacco retailer license.

(a) It shall be unlawful for any person to act as a tobacco retailer, or to display or advertise the sale of tobacco products without obtaining and maintaining a valid tobacco retailer's license pursuant to this article for each location at which that activity is to occur.

(b) It shall be unlawful for a licensed tobacco retailer, or an agent or employee thereof to violate any local, state, or federal tobacco-related law.

(c) Each day on which a prohibited act occurs shall constitute a separate violation.

(d) It shall be unlawful for a licensed tobacco retailer or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to sale, display or advertising of tobacco products or tobacco retailing.

(e) Each tobacco retailer lice nse shall be prominently displayed in a publicly visible location at the licensed location.

City Council 11 – 6 3/15/2022

Ordinance No. NS - ____

Sec. 18-92. - Limits on tobacco retail license.

(a) No license shall be issued to authorize tobacco retailing at other than a fixed business place. Tobacco re tailing by persons on foot or from vehicles is prohibited.

(b) No license shall be issued to authorize tobacco retailing at any location for which a tobacco retailer license suspension is in effect or during a period of ineligibility following a revocation.

(c) It shall be unlawful for a tobacco retailer, or any of the tobacco retailer’s agents or employees, to sell, offer for sale, possess with intent to sell or offer for sale, a flavored tobacco product.

* * *

Sec. 18-103. Tobacco retailing without a license—Seizure.

(a) Tobacco products, including flavored tobacco products, offered for sale or exchange in violation of this article are subject to seizure by the chief or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products, including flavored tobacco products, seized is given reasonable notice and an opportunity to demonstrate that the tobacco products, including flavored tobacco products were not offered for sale or exchange in violation of this article.
(b) Forfeited tobacco products , including flavored tobacco products shall be maintained and destroyed pursuant to the chief's policy for seized evidence.

Section 3. The City Council finds that this ordinance is not subject to the California Envi ronmental Quality Act (CEQA) pursuant to s ections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possib ility it will have a significant effect on the environment, and it is not a "project," as defined in section 15378 of the State CEQA Guidelines.

Section 4. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be uncons titutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact t hat any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional.

City Council 11 – 7 3/15/2022

Ordinance No. NS - ____

Section 5. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law.

Section 6. This ordinance will take effect thirty (30) days after adoption of the second reading by the City Council.

ADOPTED this ___ day of ___________________, 2022.

_______________________
Vicente Sarmiento
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

_______________________________
Laura A. Rossini
Chief Assistant City Attorney

AYES: Councilmembers: ________________________________________

NOES: Councilmembers: ________________________________________

ABSTAIN: Councilmembers: ________________________________________

NOT PRESENT: Councilmembers: ________________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Daisy Gomez , Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on .

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 11 – 8 3/15/2022
City Manager Office
www.santa-ana.org/cm
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Ordinance Concerning City Council Voting, Recusal for Conflicts, and Prohibiting Abstentions
AGENDA TITLE:

Adopt Ordinance No. NS-XXXX - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-105 OF THE SANTA ANA MUNICIPAL

CODE TO PROHIBIT ABSTENTIONS UNLESS LEGALLY REQUIRED, TO REQUIRE

UNAUTHORIZED ABSTENTIONS TO BE COUNTED AND RECORDED AS A VOTE

WITH THE MAJORITY, AND TO DESCRIBE THE CONFLICT DISQUALIFICATION

PROCESS

RECOMMENDED ACTION
Place ordinance on second reading and adopt.

DISCUSSION
At the March 1, 2022 meeting, the City Council approved the first reading of an ordinance concerning City Council voting, recusal for conflicts, and abstentions. Specifically, the ordinance accomplishes the following:
• Requires declaration of the result of votes taken.
• References, per the City Charter, that any agenda item requiring a vote shall be passed, adopted, or become effective unless it receives the affirmative vote of a majority of the full membership of the City Council.
• Provides that no member of the City Council shall be permitted to recuse themselves from voting on an item on the City Council meeting agenda unless:
– (1) the councilmember is legally disqualified from voting due to a conflict of interest or other legal reason (such as common law conflict of interest or bias)
– (2) the councilmember is awaiting advice from the Fair Political Practices Commission or the results of a pending investigation by the Fair Political Practices Commission
– (3) from the dais the possibility of a conflict arising from a source identified at the meeting, and, based on advice from the City Attorney, recuses themself out of an abundance of caution.

City Council 12 – 1 3/15/2022
Ordinance Concerning City Council Voting, Recusal for Conflicts, and Prohibiting Abstentions
March 15, 2022

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• Prohibits participation in a vote if one has a conflict and provides that those with a conflict shall leave the dais during the consideration of the matter, provided, however, that if the matter is being considered on the Consent Calendar and has not been removed from Consent Calendar, the councilmember may remain on the dais and disclose the reason.
• Clarifies, consistent with state law, that a disqualified councilmember may speak on the matter as a private citizen.
• Provides that if a councilmember abstains on a vote in violation of the prohibition, the abstention shall be considered concurrence in the motion and the Clerk shall record the councilmember’s abstention as a “yes” vote.
• States that a tie vote means no action has been taken and the item under consideration will not be placed upon a future agenda, unless by a majority vote of the City or based on new information or changes in circumstances, in which the City Manager places the item on a future agenda.

If adopted, the ordinance would take effect 30 days therafter.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Ordinance
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
City Council 12 – 2 3/15/2022
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SECTION 2-105 OF THE

SANTA ANA MUNICIPAL CODE TO PROHIBIT

ABSTENTIONS UNLESS LEGALLY REQUIRED, TO

REQUIRE UNAUTHORIZED ABSTENTIONS TO BE

COUNTED AND RECORDED AS A VOTE WITH THE

MAJORITY, AND TO D ESCRIBE THE CONFLICT

DISQUALIFICATION PROCESS

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:

A. The City of Santa Ana seeks to ensure that the Mayor and Members of the City Council, elected to carry out the business of the City, act upon all agenda items presented for consideration.

B. The California Political Refo rm Act and regulations promulgated thereunder by the Fair Polit ical Practices Commission require the Mayor and Councilmembers to disclose conflicts of interest, and new rules require disclosure when an elected official is absent for only a portion of a meeting where the member has a conflict on an agenda item.

C. If the Mayor or a Councilm ember does not have a legally disqualifying conflict of interest, he or she should not be permitted to refrain from voting on an item requiring a vote.

D. Since 1952, the Santa Ana M unicipal Code has stated in pertinent part that “no member of the council shall abstain from any vote unless disqualified.” However, because there is no practical way to enforce this charter provision, the City Council desires to provide that an abstention will be counted and recorded as a “yes” vote.

Section 2. Pursuant to the California Enviro nmental Quality Act ("CEQA") and the State CEQA Guidelines, the adoption of this ordinance is exempt from CEQA review pursuant to 14 California Code of Regulations section 15061(b)(3).

Section 3. Section 2-105 of Article II (City Council) of Chapter 2 (Administration) of the Santa Ana Munici pal Code is hereby amended to read in its entirety as follows:

City Council 12 – 3 3/15/2022
Ordinance No. NS-XXX

Sec. 2-105. - Voting by Members - Disqualifications and Abstentions.

It is the policy of the Santa Ana City Coun cil that all member s present at a City Council meeting fully participate in the discussion of a matter and shall vote for or against an ordinance, resolution, motion, or any othe r item requiring a vote, unless disqualified by conflict of interest or other legal reason as provided in this section. (a) If the vote is a voice vote, the Ma yor or Clerk of the Council shall declare the result and note for the record all yes vo tes and all no votes. The Council may also vote by roll call or electronic means visible to the public. Regardl ess of the manner of voting, the results reflecting all yes and no votes, and the members of the Council who cast them, shall be clearly set forth for the record. In accordance with Section 410 of the Santa Ana City Charter, except as otherwise provided elsewhere in the charter or by law, no ordinance, resolution or motion shall be passed, adopted, or become effective unless it receives the affirmative vote of a majority of the full membership of the City Council. (b) No member of the Council shall be permitted to recuse himself or herself from voting on any item on the City Council agenda requiring a vote unless:
(1) The councilmember is legally disqualified from voting due to a conflict of interest (includi ng a disqualification under th e Political Reform Act or Government Code Section 1090 et seq.) or other legal r eason (such as common law conflict of interest or bias); or
(2) The councilmember is awaiting advice from the Fair Political Practices Commission or the results of a pending invest igation by the Fair Political Practices Commission; or
(3) The councilmember states that he or she is awaiting further information or clarification and will recuse themself from th e dais the possibility of a conflict arising from a source identified at the meeting, and, based on advice from the City Attorney, recuses themself out of an abundance of caution. (c) If a councilmember is disqualified from voting due to a conflict, the member shall not participate in the consideration of the matter, shall not be counted for the purpose of the quorum, and shall leave the dais during the consideration of the matter; provided, however, that if the matter is being consider ed on the consent calendar and has not been removed from the consent calendar, the councilmember may remain on the dais and disclose the reason for disqualificat ion. A disqualifie d councilmember may speak on the matter as a private citizen, but only to the extent allowed by the Section 18702.5 of the Regulations of the Fair Political Practice s Commission, or its successor sections.
(d) If a councilmember abstains on a vote in violation of this rule, the abstention shall be considered concurrence in the it em being voted upon, and the City Clerk shall record that councilmember’s abstention as a “yes” vote.

City Council 12 – 4 3/15/2022
Ordinance No. NS-XXX

(e) A tie vote means that no action has been taken, and the item under consideration shall not be placed upon a future agenda, unless by a majority vote of the Council, city staff is direct ed to place the item on a future agenda, or based on new information or changes in circumstances, the City Manager places the item on a future agenda.

Section 4. If any section, subsection, sentenc e, clause, phrase or portion of this ordinance is for any reason held to be inva lid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this or dinance. The City Council of t he City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phr ases, or portions be declared invalid or unconstitutional.

Section 5. This Ordinance shall become effect ive thirty (30) days after its adoption.

Section 6. The Clerk of the Council shall ce rtify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2022.

_________________________
Vicente Sarmiento
M a y o r

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:_________________________
John M. Funk
Sr. Assistant City Attorney

AYES: Councilmembers ______________________________________

NOES: Councilmembers _______________________________________

ABSTAIN: Councilmembers _______________________________________

NOT PRESENT: Councilmembers _______________________________________

City Council 12 – 5 3/15/2022
Ordinance No. NS-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Ordinance No.

NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana

City Council 12 – 6 3/15/2022
Finance and Management Services
www.santa-ana.org/finance
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Reprographic Paper and Envelopes
AGENDA TITLE:

Award Blanket Order Contracts to Office Depot, LLC and Veritiv Operating Company in an Annual Aggregate Amount Not to Exceed $80,000 for up to a Four-Year Term for the Purchase of Reprographic Paper and Envelopes (Specification No. 21-088) (General and Non-General Fund)

RECOMMENDED ACTION
Award blanket order contracts to Office Depot, LLC and Veritiv Operating Company to provide reprographic paper and envelopes in an annual aggregate amount of $80,000 for a one-year period beginning April 1, 2022 and expiring March 31, 2023, with provision for three one-year renewals by mutual agreement, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Finance and Management Services Agency’s Central Services Division requires copier, laser, and specialty papers to provide copy paper and in-house duplicating services for departments throughout the City. In addition, the Police Department’s Central Distribution Center stocks copy paper for the Police Department and Holding Facility.

The Notice Inviting Bids was advertised on September 23, 2021, on the City’s online bid management and publication system. A summary of the bid invitation and bids received is as follows:
302 Vendors were notified
5 Santa Ana vendors were notified
18 Vendors downloaded the bid packet
1 Bids received
0 Bids received from Santa Ana vendors
One bid was received and opened on October 19, 2021 from Office Depot, LLC and was deemed responsive.

City Council 13 – 1 3/15/2022
Contracts for Reprographic Paper and Envelopes
March 15, 2022

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Since only one bid was received, Purchasing staff conducted research into why vendors did not submit a bid. Feedback from vendors indicated the paper industry is currently experiencing shortages due to supply chain disruptions and frequent pricing increases on all paper grades. Therefore, vendors could not commit to pricing as requested for a contract term.

With the industry volatility, staff recommends entering into a contract with an additional vendor to ensure availability and to allow for competitive quotes on orders throughout the contract. Veritiv Operating Company is a current vendor supplying paper to the City and has performed satisfactorily.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funds for this contract are available and will be budgeted in future years in the Finance & Management Services and Police Department accounts as follows:

Fiscal
Year
Accounting Unit-
Account #
Accounting Unit, Account
Description Amount
FY 21-22 07110100-63001 Finance & Management Central
Services
$16,700
FY 21-22 01114450-63001 Police Property & Facilities $10,000 FY 22-23 07110100-63001 Finance & Management Central
Services
$50,000
FY 22-23 01114450-63001 Police Property & Facilities $30,000 FY 23-24 07110100-63001 Finance & Management Central
Services
$50,000
FY 23-24 01114450-63001 Police Property & Facilities $30,000 FY 24-25 07110100-63001 Finance & Management Central
Services
$50,000
FY 24-25 01114450-63001 Police Property & Facilities $30,000 FY 25-26 07110100-63001 Finance & Management Central
Services
$33,300
FY 25-26 01114450-63001 Police Property & Facilities $20,000 Total $320,000
Submitted By: Kathryn Downs, Executive Director - Finance & Management Services David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 13 – 2 3/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Waterworks Fittings and Supplies Purchase Order Amendment

AGENDA TITLE
Amend the Blanket Order Contract with Core & Main LP, Ferguson Enterprises LLC and Western Water Works Supply Company for Waterworks Fittings and Supplies by Increasing it to an Annual Aggregate Amount Not to Exceed $600,000 for the Remainder of the Contract Term (Specification No. 21-012) (Non-General Fund)

RECOMMENDED ACTION
Amend the blanket purchase order contracts with Core & Main LP, Ferguson Enterprises LLC, and Western Water Works Supply Company for waterworks fittings and supplies to increase the annual amount by $175,000, for a revised annual aggregate amount not to exceed $600,000, for the remainder of the current three-year term expiring May 17, 2024, and two one-year renewal periods, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On May 18, 2021, at the conclusion of a competitive bidding process, the City entered into three-year agreements, with provisions for two one-year renewal periods, with Core & Main LP, Ferguson Enterprises LLC, and Western Water Works Supply Company, for waterworks fittings and supplies. The materials purchased through these agreements are used by the Public Works Agency’s Water Resources Division to perform necessary maintenance and repairs of the City’s extensive water delivery system that includes 20 active wells, seven pumping stations and reservoirs, seven import water connections, and 450 miles of water distribution mains. Materials are also used for Capital Improvement Program (CIP) projects throughout the city.

In order to have adequate inventory on hand for the Water Resources Division to maintain the City’s water systems and for CIP projects to be completed in a timely manner, staff recommends increasing the blanket purchase order contracts for waterworks fittings and supplies by an aggregate amount of $175,000, for a revised annual aggregate amount not to exceed $600,000, for the remainder of the agreement term.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

City Council 14 – 1 3/15/2022
Waterworks Fitting and Supplies Purchase Order Amendment March 15, 2022

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FISCAL IMPACT
Additional funds in the amount of $175,000 are available for expenditure in the current Fiscal Year 2021-22. Funds in the amount of $600,000 will be included in the proposed annual budgets for future years as follows:

Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description Amount
Contract (3-Year Term)
06017641-63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$300,000
06017646-63001 Water
Water Meter Services,
Miscellaneous Operating
Expenses
$100,000
06017640-63001 Water
Water Production & Supply,
Miscellaneous Operating
Expenses
$100,000
2021-22
(July-June)
05617640-63001 Sewer
Sanitary Sewer Service,
Miscellaneous Operating
Expenses
$100,000
06017641-63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$300,000
06017646-63001 Water
Water Meter Services,
Miscellaneous Operating
Expenses
$100,000
06017640-63001 Water
Water Production & Supply,
Miscellaneous Operating
Expenses
$100,000
2022-23
(July-June)
05617640-63001 Sewer
Sanitary Sewer Service,
Miscellaneous Operating
Expenses
$100,000
06017641-63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$275,000
06017646-63001 Water
Water Meter Services,
Miscellaneous Operating
Expenses
$91,6672023-24
(Jul-May)
06017640-63001 Water
Water Production & Supply,
Miscellaneous Operating
Expenses
$91,667
City Council 14 – 2 3/15/2022
Waterworks Fitting and Supplies Purchase Order Amendment March 15, 2022

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Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description Amount
05617640-63001 Sewer
Sanitary Sewer Service,
Miscellaneous Operating
Expenses
$91,666
Renewal Options (Two 1-Year Terms)
06017641-63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$25,000
06017646-63001 Water
Water Meter Services,
Miscellaneous Operating
Expenses
$8,333
06017640-63001 Water
Water Production & Supply,
Miscellaneous Operating
Expenses
$8,333
2023-24
(May-June)
05617640-63001 Sewer
Sanitary Sewer Service,
Miscellaneous Operating
Expenses
$8,334
06017641-63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$300,000
06017646-63001 Water
Water Meter Services,
Miscellaneous Operating
Expenses
$100,000
06017640-63001 Water
Water Production & Supply,
Miscellaneous Operating
Expenses
$100,000
2024-25
(July-June)
05617640-63001 Sewer
Sanitary Sewer Service,
Miscellaneous Operating
Expenses
$100,000
06017641-63001 Water
Water System Maintenance,
Miscellaneous Operating
Expenses
$300,000
06017646-63001 Water
Water Meter Services,
Miscellaneous Operating
Expenses
$100,0002025-26
(July-May)
06017640-63001 Water
Water Production & Supply,
Miscellaneous Operating
Expenses
$100,000
City Council 14 – 3 3/15/2022
Waterworks Fitting and Supplies Purchase Order Amendment March 15, 2022

2 4
9 1
Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description Amount
05617640-63001 Sewer
Sanitary Sewer Service,
Miscellaneous Operating
Expenses
$100,000
Total: $3,000,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 4 3/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Replace Air Conditioning Unit at the Ross Annex

AGENDA TITLE
Award a Purchase Order in an Amount Not to Exceed $323,827 to Trane U.S. Inc., dba Trane for Replacement of an Air Conditioning Unit in the Ross Annex Portion of City Hall (Specification No. 22-024) (General Fund)

RECOMMENDED ACTION
Award a purchase order to Trane U.S. Inc., dba Trane in the amount of $281,589, with a contingency amount of $42,238, for a total amount not to exceed $323,827, to replace an air conditioning unit at the Ross Annex, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Building Maintenance Division oversees City facilities to ensure mechanical systems operate safely and efficiently, and meet all applicable laws and regulations. The commercial-grade rooftop heating, ventilation, and air conditioning (HVAC) system at the Ross Annex contains three air conditioning units. Two of the three units were replaced in the past 2 years, after 22 years of service. The remaining air conditioning unit is frequently out of order, requires continuous repairs, and operates at 50 percent capacity. As such, staff recommends replacing the unit.

The existing unit is manufactured by Trane and staff seeks to replace it with a unit produced by the same manufacturer, as it will provide a seamless transition, given that the current support system already accommodates the weight, size, and location of the new unit. Utilizing equipment from a different manufacturer could result in a change in size, weight, and location of supports and connection points, requiring additional engineering, structural, and mechanical modifications. Such modifications would significantly increase the cost and add a significant amount of time to the replacement schedule.

Santa Ana Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency employing a competitive bid process. Harford County Public Schools awarded a contract to Trane U.S. Inc. (Contract No. RFP #15-JLP-023) for the procurement of comprehensive HVAC products, installation, services and related products and services. The contract was awarded as a result of open, competitive City Council 15 – 1 3/15/2022
Award a Purchase Order to Trane U.S. Inc.,
March 15, 2022

2 4
9 2
bidding. Staff recommends utilizing the Harford County Public Schools contract to authorize a one-time purchase and payment of purchase order to Trane for the purchase and installation of a new air conditioning unit for the Ross Annex, which is in line with the City’s existing Purchasing Guidelines.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funds in the amount of $323,827 are available for expenditure in the current Fiscal Year 2021-22 budget as follows:

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Fiscal
Year
Accounting
Unit-
Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 21-22 01117017-
66200
General
Fund
Public Works Agency –
Service Enhancement $323,827
TOTAL $323,827
City Council 15 – 2 3/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Purchase of Truck for Public Works Street Lighting Maintenance AGENDA TITLE:

Award a Purchase Order in the Amount of $62,679 to Penske Chevrolet of Cerritos for One Chevrolet 2500 HD Truck (Specification No. 22-003) (Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for one Chevrolet 2500 HD Truck, in the amount of $62,679 plus a contingency of $5,000, for a total amount not to exceed $67,679, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Fleet Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment.

The Public Works Agency’s street lighting operation recently hired a street lighting maintenance worker and the division is in need of a vehicle in order for the technician to conduct daily inspections and repairs on the street lighting system. Furthermore, the vehicle will be crucial and heavily used in responding to street light outages and in maintaining the street lighting system.

The Notice Inviting Bids was advertised on December 17, 2021, on the City’s online bid management and publication system. A summary of the bid invitation and bids received is as follows:
238 Vendors were notified
27 Santa Ana vendors were notified
10 Vendors downloaded the bid packet
3 Bids received
1 Bid received from Santa Ana vendors
Three bids were received and opened on January 18, 2022, and evaluated as follows:

City Council 16 – 1 3/15/2022
Purchase of Truck for Public Works Street Lighting Maintenance March 15, 2022

2 4
9 3
Vendor Location Amount
Penske Chevrolet of Cerritos Cerritos, CA $62,678.73
Guaranty Chevrolet Motors Inc. Santa Ana, CA $70,359.71* Western Truck Exchange Los Angeles, CA $72,113.75
*The 1 percent Local Vendor Preference was applied to the Bid from the Santa Ana vendor.

Staff recommends awarding the purchase order to Penske Chevrolet of Cerritos as it is the lowest bid, is responsive to the specifications, and meets the City’s requirements.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
Funds in the amount of $67,679 are available for expenditure in the current Fiscal Year 2021-22 budget as follows:

Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description Amount
2021-22 01117630-66400
Street Lighting
Maintenance
Services
Machinery and
Equipment $67,679
Total $67,679

EXHIBIT(S)

1. Abstract of Bids
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency

Approved By: Kristine Ridge, City Manager
City Council 16 – 2 3/15/2022
EXHIBT 1
C

ITY OF SANTA ANA
Item Description
Penske Chevrolet
of Cerritos
Cerritos, CA
Guaranty
Chevrolet Motors
Inc
Santa Ana, CA
Western Truck
Exchange
Los Angeles, CA
1 Chevrolet Silverado 2500HD Model Year 2022
or Newer, Base Model as specified $57,336.37 $64,960.00 $65,920.00 4 Documentation Fee $0.00 $85.00 $80.00
5 9.25% Sales Tax $5,303.61 $6,016.66 $6,105.00
6 Subtotal $62,639.98 $71,061.66 $72,105.00
7 Destination and Delivery (Non Taxable) $0.00 $0.00 $0.00 8 California Tire Fee (Non Taxable) $8.75 $8.75 $8.75
9 Misc. Fees (Non Taxable) $30.00 $0.00 $0.00
10 Total Price per vehicle $62,678.73 $71,070.41 $72,113.75 11 1% Local Vendor Preference N/A $710.70 N/A
12 Final Bid Amount as Determined by Basis of
Award $62,678.73 $70,359.71 $72,113.75
City Council 16 – 3 3/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Amend Design Services Agreement for Santiago Park Main Street Entrance

AGENDA TITLE
Approve an Appropriation Adjustment to Appropriate $133,740 in District 2 Acquisition and Development Funds Received in Prior Years for the Santiago Park Main Street Entrance Project (Project No. 20-2731) and Approve an Amendment to the Agreement with Hunsaker & Associates to Increase the Design Services Amount by $133,740 for a New Estimated Project Design Cost of $383,740 (Project No. 20-2731) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $133,740 of prior year fund balance from the Residential Development District 2, Acquisition and Development, Prior Year Carry Forward revenue account and appropriating the same amount to the Residential Development District 2, Acquisition and Development, Improvements Other Than Building expenditure account for the Santiago Park Main Street Entrance Project (No. 20-2731). (Requires five affirmative votes)

2. Authorize the City Manager to execute an amendment to the agreement with Hunsaker & Associates for design services for the Santiago Park Main Street Entrance Project, to increase the amount by $133,740, for a total agreement amount of $383,740, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

DISCUSSION
On December 2, 2020, the Public Works Agency released Request for Proposal (RFP) No. 20-154, by which it sought a qualified architectural firm to provide concept design, design development and contract documents for the Santiago Park Main Street Entrance Design project (Exhibit 1). The scope of work includes engineering staff support and assistance with the overall delivery of the project, including pre-construction tasks, construction management, ensuring the project is completed in accordance with the contract documents, project closeout, and supervision of the warranty phase for the project.

The Regional Water Board and California Department of Fish and Game have added other design requirements, permit fees, an environmental assessment, and structural City Council 17 – 1 3/15/2022
Amend Design Services Agreement with Hunsaker & Associates March 15, 2022

2 4
9 4
calculations on the proposed overhanging area over the Santiago Creek. In order to deliver these additional required improvements, staff recommends increasing the design services amount of the agreement with Hunsaker & Associates by $133,740, for a total agreement amount of $383,740.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funding for the requested agreement amendment of $133,740 will be available for expenditure upon approval of the appropriation adjustment to recognize $133,740 of prior year fund balance from the Residential Development District 2, Acquisition and Development, Prior Year Carry Forward revenue account (No. 31213002-50001) and appropriating the same amount to the Residential Development District 2, Acquisition and Development, Improvements Other Than Building expenditure account (No. 31213260- 66220) for the Santiago Park Main Street Entrance Project ( No. 20-2731).

Funds are budgeted and available for expenditure as follows:

Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount

ORIGINAL DESIGN DELIVERY COST
2020-21
(May-June)
16113263-66220
(20-2731)
PRCSA Capital
Grants
Santa Ana River
Conservancy Program
- Improvements Other
Than Building
$20,270
2021-22
(July-June)
16113263-66220
(20-2731)
PRCSA Capital
Grants
Santa Ana River
Conservancy Program
- Improvements Other
Than Building
$140,135
2022-23
(July-June)
16113263-66220
(20-2731)
PRCSA Capital
Grants
Santa Ana River
Conservancy Program
- Improvements
Other Than Building
$85,595
2023-24
(July-May)
16113263-66220
(20-2731)
PRCSA Capital
Grants
Santa Ana River
Conservancy Program
- Improvements Other
Than Building
$4,000

ADDITIONAL FUNDS FOR DESIGN DELIVERY COST (THIS ACTION) 2021-22
(July-June)
31213260-66220
(20-2731)
Residential
Development
District 2
Acquisition and
Development - $133,740
City Council 17 – 2 3/15/2022
Amend Design Services Agreement with Hunsaker & Associates March 15, 2022

2 4
9 4
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount
Improvements Other
Than Building
TOTAL $383,740
Any remaining balances not expended at the end of the Fiscal Year will be carried forward into subsequent Fiscal Years for expenditure to complete and deliver the project design.

EXHIBIT(S)

1. Location Map

2. Agreement Amendment
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Lisa Rudloff, Executive Director – Parks, Recreation & Community Svcs.

Approved By: Kristine Ridge, City Manager
City Council 17 – 3 3/15/2022
3:$

SANTA ANA
38%/,&:25.6$*(1&<
Project No. 20-154:

Santiago Park Main St.

Entrance
Exhibit 1
20-2731
City Council 17 – 4 3/15/2022

FIRST AMENDMENT TO ENGINEERING SERVICES

AGREEMENT BETWEEN THE CITY OF SANTA ANA AND

HUNSAKER & ASSOCIATES

THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15th day of March 2022, by and between Hunsaker & Associates (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS

A. On May 18, 2021, t he City entered into Agreement #2021-077 with Consultant to provide engineering services and related matters until May 17, 2024, with the option to extend for two (2) one (1) year periods.

B. The City desires to approve an appropriation adjustment recognizing $133,740 of prior year fund balance from the Residential Development District 2, Acquisition and Development, Prior Year Carry Forward revenue account and appropriating the same amount to the Residential Development District 2, Acquisition and Development, Improvements Other Than Building expenditure account for the Santiago Park Main Street Entrance Project (No. 20-2731).

C. In accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to increase the compensation amount by an additional $133,740 for the new design requirements, permit fees, an environmental assessment, and structural calculations on the proposed overhanging area over the Santiago Creek added by the Regional Water Board and California Department of Fish and Game.

THE PARTIES THEREFORE AGREE:

1. Section 1, SCOPE OF SERVICES , shall be amended to include additional design services and requirements added by the Regional Water Board and California Department of Fish and Game, as described and set forth in Exhibit A attached hereto, and incorporated by reference to this Agreement.

2. Section 2, COMPENSATION, shall be amended to increase the total compensation for the new tasks by an additional $133,740 for an amount not to exceed $383,740 for the remainder of the term including any extension periods.

Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.

[Signatures on the following page]
City Council 17 – 5 3/15/2022
City Council 17 – 6 3/15/2022

HUNSAKER
& ASSOCIATES
I R V I N E , I N C .

PLANNING

ENGINEERING

SURVEYING

GOVERNMENT RELATIONS
IRVINE

LOS ANGELES

RIVERSIDE

SAN DIEGO
PRINCIPALS:

FRED GRAYLEE

BRADLEY HAY

PAUL HUDDLESTON
KAMAL H. KARAM
DOUGLAS L. STALEY

KRIS WEBER
JOSEPH E. WIGHTMAN
FOUNDING PARTNERS:

RICHARD HUNSAKER
TOM R. McGANNON
JOHN A. MICHLER
DOUGLAS G. SNYDER
Three Hughes
Irvine, California
92618-2021
(949) 583-1010 PH
(949) 583-0759 FX
www.hunsaker.com
December 21, 2020
Mr. Gilbert Castillo
Public Works Agency

CITY OF SANTA ANA
20 Civic Centre Plaza, M-22
Santa Ana, CA 92701
Subject: Santiago Park Main Street Entrance Design – Change Order #1 Dear Sir:

Hunsaker & Associates Irvine, Inc. (H&A) is pleased to submit this change order proposal for your consideration. The proposal has been based on comments on the first 2 draft concept plan sets, meetings and other communications.

This change order covers the following added tasks and components:

1. Design of View Decks (2) including supporting retaining walls

2. Supporting studies for view decks (foundation reports, CLOMR preparation)

3. Related designs of creek bank grading and planting

4. Permitting (401, 404, 1601) for creek incursion by view decks

5. Miscellaneous components (gate shift, pseudo-pedestrian bridge, etc.) We greatly appreciate the opportunity to submit this proposal for your consideration. Should you have any questions, please do not hesitate to contact me at 949-293-6537 (mobile), or via email at [email protected].

Very truly yours,
HUNSAKER & ASSOCIATES IRVINE, INC.

Richard Norton, PE
Project Manager
(f\c\pw\ps\s\COSA 01P-rn.docx)

EXHIBIT A
City Council 17 – 7 3/15/2022
RFP No. 20-154
Santiago Park Main Street Entrance Design

BASIS FOR CHANGE ORDER
Background
The City of Santa Ana wants to upgrade the Main Street Entrance to Santiago Park to be more attractive for users and provide a positive expression of Santa Ana’s high value of park facilities in the city. The Santiago Creek Trail Access plan and related descriptions provided with the RFP defined a series of components to be included in the design.

From our research of available information, several site visits (including the original kick-off meeting), 2 draft submittals of concept plan sets and comments made on them by City staff and other communications, a final concept plan has been created and is shown on the next page. It is part of the basis for this change order proposal.

The original contract between the City and H&A had been established to remain under a $250,000 funding limit with scope reductions by eliminating view deck incursion into the 100 year floodplain of Santiago Creek since the incursion would lead to higher construction costs plus extensive secondary impacts and increased engineering fees. For this change order proposal, the funding limit has been dropped and the view decks impinge on the FEMA floodplain triggering the impacts that were avoided by the initial contract scope.

City Responsibilities

ENVIRONMENTAL DOCUMENTATION
H&A has included the design and permits related to the design within our scope and fee; however, the City will need to take some supportive actions due to the changed configuration.

We believe the new configuration will render the present Categorical Exemption for the project void (note the existing document also does not have the correct project location). The criteria from the CEQA law is as follows:
(a) Grading on land with a slope of less than 10 percent, except that grading shall not be exempt in a waterway, in any wetland, in an officially designated (by federal, state or local)…

The placement of the view decks and supporting retaining walls will be on a slope more that 10% and in a waterway. The result would be the need to restart the environmental process with the outcome likely a Mitigated Negative Declaration.

Also jurisdictional delineation of wetlands and identification of limits of riparian areas will be necessary. H&A suggests the City address this proactively once the design information is available to prevent significant delay.

GRANT DOCUMENTATION
H&A has been provided a copy of the City application for a Coastal Conservancy Grant of $250,000 for the planning and design of these improvements (hence the original contract limit of $250,000). Upon review of the application, based on the new project configuration, there are significant non-compliances with the following sections that we believe may need to be addressed by the City and resolved with the grant agency before requesting reimbursement:

11 – Environmental Review – revised document must be reviewed and approved by grant agency 12 – Permits – originally only building permit, now Federal and State permits for work within 100 year floodplain 13 – Wetland/Riparian Area – original response was no, now will be yes since work within 100 year floodplain

City Council 17 – 8 3/15/2022
RFP No. 20-154
Santiago Park Main Street Entrance Design

City Council 17 – 9 3/15/2022
RFP No. 20-154
Santiago Park Main Street Entrance Design

H&A Responsibilities

VIEW DECKS
There are 2 to be constructed on concrete retaining walls extending to below the creek bottom. To accommodate the new retaining walls a portion of the existing walls will be removed since there is no documentation available to determine if the new structure can be safely supported by the existing walls. The deck will be constructed of wood and cantilever 2 feet from the face of the new retaining wall above the creek. The design of the view decks will require that the present H&A Team be augmented by adding back a structural engineering firm Cho Design Associates who will develop the design and provide support during construction.

A foundation report will be prepared for each location including a boring, field and laboratory testing and analysis to establish the foundation design parameters.

Related construction includes demolition of a portion of the existing wall, grading of the disturbed section of the creek bank and landscaping to stabilize the slope and prevent erosion

CREEK FLOODPLAIN EFFORTS
FEMA has adopted a Flood Insurance Rate Mate for this location support by a Flood Insurance Study. This defines the 100-year floodplain limits as being within the channel banks, but the base flood elevation is close to the top of the channel.

Additional field topo will be done to establish the existing creek cross sections extending from 100 feet upstream of the pedestrian bridge to 100 feet downstream of the Main Street bridge for purposes of hydraulic modeling.

Hydraulic modeling of the existing creek conditions will be done using HEC-RAS software and calibrated to fit the supporting calculations doe to establish the FEMA floodplain. Next the view decks and retaining walls will be added to the model to determine the impact on the base flood elevation, extent of the floodplain and related characteristics. The results will be the basis for submittal to the U.S. Corps of Engineers for a CLOMR (Conditional Letter of Map Revision).

The wood portion for the view decks will be built about the revised base flood elevation and grading of pedestrian pathways for access done in accordance with ADA requirements.

CREEK RELATED PERMITTING
Due to the construction within the creek and related floodplain, the project will require approval of the Corps under Section 404 (discharge of fill into waters), Regional Water Quality Control Board under Section 401 and a Section 1601 Streambed Alteration agreement from the California Fish and Wildlife agency in addition to completion of the CLOMR procedure.

OTHER ACTIVITIES ADDED TO SCOPE
Due to the lengthy reviews done to date and the anticipated permitting efforts, H&A has added 6 progress reports since the completion date has been extended 6 months from the schedule established at the June 2021 kick-off meeting.

Additional design components include the “pseudo-pedestrian bridge” over the rock lined ditch (modify City detail to fit project specific location), relocation of entry gate for increased space from Main Street to gate, expanded site plans to include creek bank to show disturbed areas and added construction.

City Council 17 – 10 3/15/2022
RFP No. 20-154
Santiago Park Main Street Entrance Design

SCOPE OF SERVICES – ADDITIONS AND REDUCTIONS RELATED TO CHANGE ORDER #1 ONLY The tasks described below are only the ADDITIONAL SCOPE related to change order #1.

There has been no reduction to any portion of the original project scope.

TASK 0 – PROJECT ADMINISTRATION
Due to the lengthy reviews done to date and the
anticipated permitting efforts, H&A has added 6 progress reports since the completion date has been extended 6
months from the schedule established at the June 2021
kick-off meeting.

TASK 1 – PRE-DESIGN

1.D Surveying

1. Establish property line within the creek
based on documentation provided by City
(no additional research and no field survey)

2. Cross sections every 100 feet starting from
100 feet downstream of Main Street bridge
to 100 feet upstream of park pedestrian
bridge

3. Cross sections every 25 feet for 100 feet
downstream and upstream of each bridge

4. One cross section under each bridge

5. Cross sections to extend from hedge at
parking lot/garage on side opposite park

1.E Floodplain Modeling

1. FEMA research, obtain latest effective
model, hydrology information, storm drain
plans, off-site topo, etc.

2. Develop existing condition floodplain
models, develop the proposed condition
and floodway models

3. Prepare application package for CLOMR

4. Address the CLOMR comments from
responsible agency to obtain the community
acknowledgement and impacted adjacent
neighbors signatures

5. Respond to comments from FEMA and final
approval of CLOMR

WORK BREAKDOWN STRUCTURE
Task 0 – Project Administration
0 A Notice to Proceed CITY
B Budgeting H&A Team
C Cost Accounting H&A Team
D Scheduling H&A Team
E Progress Reporting H&A Team
Task 1 – Pre-Design
1 A
Kick-off meeting - prepare
agenda, hold meeting,
prepare minutes
H&A
B Data collection of available
Santa Ana documents H&A
C
Data collection of
documents from other
agencies (FEMA, Orange
County, etc.)
H&A
D Perform field survey of
creek cross sections H&A
E Perform hydraulic modeling
and CLOMR document H&A
F
Perform geotechnical
investigation and prepare
report
H&A
G Perform evaluation of
existing electrical equipment H&A Team
H Evaluate existing plantings
and irrigation system H&A Team
City Council 17 – 11 3/15/2022
RFP No. 20-154
Santiago Park Main Street Entrance Design

1.F Foundation Reports

1. One boring at each view deck location to
depth of 20 feet or more below creek bed

2. Field and laboratory testing of samples

3. Analysis of test results and research

4. Preparation of foundation reports

5. Respond to comments from City and final
reports

1.H Creek Bank Planting

1. Review existing conditions and proposed
disturbed areas

2. Add single sheet to original plan package
(details and notes already in original scope)

TASK 2 – 50% DESIGN DEVELOPMENT

2.A Civil Engineering
Add single sheet to original plan package for pseudo-
pedestrian bridge based on City provided detail and other site components and adjustments

2.B Structural Engineering
The necessary design calculations and drawings will be
prepared for the two view decks and supporting retaining walls including required details for construction.

2.C Landscaping
Add single sheet to original plan package

2.E Cost Estimate
No Change – added cost estimating covered above

2.F Specifications
No Change – added specifications covered above

TASK 3 – 90% and 100% CONSTRUCTION DOCS
The H&A Team will first address all City staff review
comments made on the 50% submittal and make the
necessary revisions. Next the documents will be developed into a complete set of bid documents for the 90% submittal.

H&A intends there will be few, if any, City review comments on the 90% submittal. The package will include all of the I
Develop 3 concept plans
using RFP site plan and
compiled base map
H&A Team
J
1st City review - prepare
agenda, hold meeting,
prepare minutes, revise
concepts
CITY and H&A
Team
K
2nd City review - prepare
agenda, hold meeting,
prepare minutes, revise
concepts
CITY and H&A
Team
L
3rd City review - prepare
agenda, hold meeting,
prepare minutes, concept
plan approval
CITY and H&A
Team
Task 2 – 50% Design Development
2 A Develop design plans - Civil
Engineering H&A Team
B Develop design plans -
Structural H&A Team
C Develop design plans -
Landscape H&A Team
D Develop design plans -
Electrical H&A Team
E Develop cost estimate H&A Team
F Identify required technical
specifications H&A Team
G QC Review H&A Team
H CITY REVIEW (50%
submittal) CITY

I
50% City review - prepare
agenda, hold meeting,
prepare minutes, revise
plans
CITY and H&A
Team
Task 3 - 90% and 100% Construction Docs
3 A Develop 90% design plans
- Civil Engineering H&A Team
City Council 17 – 12 3/15/2022
RFP No. 20-154
Santiago Park Main Street Entrance Design

items listed in the RFP on page A1-3 and be ready for
building permit submittal with all required supporting
calculations and documentation.

3.E – 3N Cost Estimate
No Change – added cost estimating covered above

3.F – 3.O Specifications
No Change – added specifications covered above

3.G1 – 3.P Permitting
Due to the construction within the creek and related
floodplain, the project will require the following permits:
 Corps under Section 404 (discharge of fill into waters)  Regional Water Quality Control Board under Section
401
 Section 1601 Streambed Alteration agreement from
the California Fish and Wildlife agency
The final set of bid documents will incorporate all the City review comments, conditions from the approved 401, 404
and 1601 permits and building permit inputs and go through a final QA/QC check before submittal for City approval and obtaining the building permit for the grading and structures.

TASK 4 – BIDDING SUPPORT, CONSTRUCTION

ADMINISTRATION AND RECORD DRAWINGS
The H&A Team looks forward to supporting City staff in the bidding and construction process since we agree the design team can be very valuable during this critical stage in protecting the City from problems. H&A has anticipated both pre-bid and pre-construction meetings to be attended and is ready to provide rapid responses to any issues that arise from City staff. The H&A Team will also be proactive in warning the City and contractor of potential problems based on our intimate knowledge of the bid documents.

SCHEDULE
Our revised schedule on the next page is based on the
original plus the change order scope of services above. We are assuming approval for the change order and final
concept drawing in mid-February (2 months from now) and have adjusted the 50% and 90% review periods to 4 weeks B Develop 90% design plans
- Structural H&A Team
C Develop 90% design plans
- Landscape H&A Team
D Develop 90% design plans
- Electrical H&A Team
E Update cost estimate to
90% level H&A Team
F Prepare draft technical
specifications H&A Team
G QC Review H&A Team
G1 Submit draft permits – 401,
404 and 1601 for review H&A Team
H
CITY REVIEW (90%
submittal) including
building permit process
CITY
I
90% City review - prepare
agenda, hold meeting,
prepare minutes, revise
plans
CITY and H&A
Team
J Develop 100% design
plans - Civil Engineering H&A Team
K Develop 100% design
plans - Structural H&A Team
L Develop 100% design
plans - Landscape H&A Team
M Develop 100% design
plans - Electrical H&A Team
N Prepare final cost estimate H&A Team
O Prepare final technical
specifications H&A Team
P Obtain approvals for 401,
404 and 1601 permits H&A Team
3 Q QC Review H&A Team
R
CITY APPROVAL (Final
PS&E) including building
permit
CITY
Task 4 - Bid, Const. Admin. & Record Dwgs.

City Council 17 – 13 3/15/2022
RFP No. 20-154
Santiago Park Main Street Entrance Design

each based on our experience to date with City agency
reviews. There has been one month added for the additional studies that are part of this change order (topo creek cross sections, boundary analysis, floodplain modeling,
geotechnical foundations, bank landscaping). The design task durations are generally unchanged.

4 A
Pre-bid meeting - prepare
agenda, hold meeting,
prepare minutes, revise
plans
CITY and H&A
Team
B Respond to bidder RFI's H&A Team
C Assist in bid evaluation H&A Team
D
Pre-const. meeting -
prepare agenda, hold
meeting, prepare minutes,
revise plans
CITY and H&A
Team
E Respond to contractor
RFI's H&A Team
F Review contractor
submittals H&A Team
G
Prepare record dwgs from
contractor single set of
mark-ups
H&A Team

City Council 17 – 14 3/15/2022
PAGE 1 OF 1
6/4 6/11 6/18 6/25 7/2 7/9 7/16 7/23 7/30 8/6 8/13 8/20 8/27 9/3 9/10 9/17 9/24 10/1 10/8 10/15 10/23 10/30 11/5 11/12 11/19 11/26 12/3 12/10 12/17 12/24 12/31 1/7 1/14 1/21 1/29 2/4 2/11 2/18 2/25 3/4 3/11 3/18 3/25 4/1 4/8 4/15 4/22 4/29 5/6 5/13 5/20 5/27 6/3 6/10 6/17 6/24 7/1 7/9 7/15 7/22 7/29 8/5 8/12 8/19 8/26 9/2 9/9 9/16 9/23 9/30 10/7 10/14 10/21 10/28 Task 0 - PROJECT ADMINISTRATION
0 A Notice to Proceed CITY
B Budgeting H&A Team
C Cost Accounting H&A Team
D Scheduling H&A Team
E Progress Reporting (added 6 reports) H&A Team
Task 1 - PRE-DESIGN
1 A Kick-off meeting - prepare agenda, hold
meeting, prepare minutes
CITY and
H&A Team
B Data collection of available Santa Ana
documents H&A Team
C Data collection of documents from other
agencies (FEMA, Orange County, etc.)H&A Team
D Perform field survey and process data into
base map (added creek cross sections)H&A Team
E Perform floodplain modeling existing and
proposed and develop CLOMR H&A Team
F Perform geotechnical investigation and
added 2 foundation reports H&A Team
G Perform evaluation of existing electrical
equipment H&A Team
H Evaluate existing plantings and irrigation
system (added creek banks) H&A Team
I Develop 3 concept plans using RFP site plan
and compiled base map H&A Team
J 1st City review - prepare agenda, hold
meeting, prepare minutes, revise concepts
CITY and
H&A Team
K 2nd City review - prepare agenda, hold
meeting, prepare minutes, revise concepts
CITY and
H&A Team
L 3rd City review - prepare agenda, hold
meeting, prepare minutes, revise concepts
CITY and
H&A Team
M City approval of final concept plan CITY
Task 2 - 50% Design Development
2 A
Develop design plans plus specs and
estimate - Civil (added view decks, pseudo-
ped bridge and creek banks)
H&A Team
B
Develop design plans plus specs and
estimate - Structural (added for
cantilevered viewing decks)
H&A Team
C Develop design plans plus specs and
estimate - Landscape (added creek banks)H&A Team
D Develop design plans - Electrical H&A Team
E Develop cost estimate H&A Team
F Identify required technical specifications H&A Team
G QC Review H&A Team
I CITY REVIEW (50% submittal)) CITY
J 50% City review - prepare agenda, hold
meeting, prepare minutes, revise plans
CITY and
H&A Team
Task 3 - 90% and 100% Construction Docs
3 A
Develop 90% design plans plus specs and
estimate - Civil (added view decks, pseudo-
ped bridge and creek banks)
H&A Team
B
Develop 90% design plans plus specs
and estimate - Structural (added for
cantilevered viewing decks)
H&A Team
C Develop 90% design plans plus specs and
estimate - Landscape (added creek banks)H&A Team
D Develop 90% design plans - Electrical H&A Team
E Update cost estimate to 90% level H&A Team
F Prepare draft technical specifications H&A Team
G QC Review H&A Team
G1 Prepare applications and submit for
review 401, 404 and 1601 permits H&A Team
H CITY REVIEW (90% submittal) including
building permit process CITY
I 90% City review - prepare agenda, hold
meeting, prepare minutes, revise plans
CITY and
H&A Team
J
Develop 100% design plans plus specs and
estimate - Civil (added view decks, pseudo-
ped bridge and creek banks)
H&A Team
K
Develop 100% design plans plus specs
and estimate - Structural (added for
cantilevered viewing decks)
H&A Team
L Develop 100% design plans plus specs and
estimate - Landscape (added creek banks)H&A Team
M Develop 100% design plans - Electrical H&A Team
N Prepare final cost estimate H&A Team
O Prepare final technical specifications H&A Team
P
Obtain approvals for 401, 404 and 1601
permits and incorporate any conditions
into final bid documents
H&A Team
Q QC Review H&A Team
R CITY APPROVAL (Final PS&E) including
building permit CITY
Task 4 - Bid, Const. Admin. & Record Dwgs.
4 A Pre-bid meeting - prepare agenda, hold
meeting, prepare minutes, revise plans
CITY and
H&A Team
B Respond to bidder RFI's H&A Team
C Assist in bid evaluation H&A Team
D Pre-const. meeting - prepare agenda, hold
meeting, prepare minutes, revise plans
CITY and
H&A Team
E Respond to contractor RFI's H&A Team
F Review contractor submittals H&A Team
G Prepare record dwgs from contractor single
set of mark-ups H&A Team
Santiago Park Main Street
Entrance Design
DESIGN SCHEDULE (rev. 12/21/21)

SEPTEMBER OCTOBER
2022
Added studies for
change order #1

JULY AUGUST OCTOBER NOVEMBER DECEMBER
2021

JUNE MAY JUNE JULY AUGUST SEPTEMBER MARCH APRILJANUARY FEBRUARY TBD
NTP CO#1 and Final Concept Approval
TBD
TBD
Agency Review and Approval (90 days)
PROCESS CHANGE ORDER #1
TBD
TBD
TBD
TBD
Agency Review and Approval (90 days)
211221rev Santiago Park schedule.xls
City Council 17 – 15 3/15/2022
PAGE 1 OF 3
12/21/21
Project Mgr &
QA/QC Mgr.

Engineer or
Surveyor CAD Tech. 2 man Field
Survey Crew
$196 $150 $150 $284 MAN-HOURS LABOR COSTH&A
Expenses NUVIS
CDA (Back
on team
since
cantilevered
viewing
decks =
returned)
Leighton
NTWOS
(nothing
added)
H&A Internal
Task Budgets

RFP TASK
COST
Task 0 - PROJECT ADMINISTRATION 12 12 0 0 24 $4,152 $0 $0 $0 $0 $0 $4,152 $0 0 A Notice to Proceed CITY 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 B Budgeting H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
C Cost Accounting H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 D Scheduling H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
E Progress Reporting (added 6 reports) H&A Team 12 12 0 0 24 $4,152 $0 $0 $0 $0 $0 $4,152 Task 1 - PRE-DESIGN 15 100 30 32 177 $31,528 $0 $500 $0 $20,000 $0 $52,028 $53,695 1 A Kick-off meeting - prepare agenda, hold
meeting, prepare minutes H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 B Data collection of available Santa Ana
documents H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
C Data collection of documents from other
agencies (FEMA, Orange County, etc.)H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 D Perform field survey and process data into
base map (added creek cross sections)H&A Team 5 20 10 32 67 $14,568 $0 $0 $0 $0 $0 $14,568 E Perform floodplain modeling existing and
proposed and develop CLOMR H&A Team 10 80 20 0 110 $16,960 $0 $0 $0 $0 $0 $16,960 F Perform geotechnical investigation and
added 2 foundation reports H&A Team 0 0 0 0 0 $0 $0 $0 $0 $20,000 $0 $20,000 G Perform evaluation of existing electrical
equipment H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
H Evaluate existing plantings and irrigation
system (added creek banks) H&A Team 0 0 0 0 0 $0 $0 $500 $0 $0 $0 $500 I Develop 3 concept plans using RFP site plan
and compiled base map H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 J 1st City review - prepare agenda, hold
meeting, prepare minutes, revise concepts
CITY and
H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
K 2nd City review - prepare agenda, hold
meeting, prepare minutes, revise concepts
CITY and
H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
L 3rd City review - prepare agenda, hold
meeting, prepare minutes, revise concepts
CITY and
H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
M City approval of final concept plan CITY 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 Task 2 - 50% Design Development 0 30 10 0 40 $6,000 $0 $2,000 $20,000 $0 $0 $28,000 $28,897 2 A
Develop design plans plus specs and
estimate - Civil (added view decks, pseudo-
ped bridge and creek banks)
H&A Team 0 30 10 0 40 $6,000 $0 $0 $0 $0 $0 $6,000
B
Develop design plans plus specs and
estimate - Structural (added for
cantilevered viewing decks)
H&A Team 0 0 0 0 0 $0 $0 $0 $20,000 $0 $0 $20,000
C Develop design plans plus specs and
estimate - Landscape (added creek banks)H&A Team 0 0 0 0 0 $0 $0 $2,000 $0 $0 $0 $2,000 Santiago Park Main Street
Entrance Design

COST BREAKDOWN
Change Order-Return View Decks
Labor Hours by Classification
Hunsaker &
Associates SUBCONSULTANTS
211221 Santiago Park cost CHG ORDER No-1.xls
City Council 17 – 16 3/15/2022
PAGE 2 OF 3
12/21/21
Project Mgr &
QA/QC Mgr.

Engineer or
Surveyor CAD Tech. 2 man Field
Survey Crew
$196 $150 $150 $284 MAN-HOURS LABOR COSTH&A
Expenses NUVIS
CDA (Back
on team
since
cantilevered
viewing
decks =
returned)
Leighton
NTWOS
(nothing
added)
H&A Internal
Task Budgets

RFP TASK
COST
Santiago Park Main Street
Entrance Design

COST BREAKDOWN
Change Order-Return View Decks
Labor Hours by Classification
Hunsaker &
Associates SUBCONSULTANTS
D Develop design plans plus specs and
estimate - Electrical H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 E Develop cost estimate (included in items
#2A, #2B, #2C and #2D above) H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 F Identify required technical specifications
(included in items #2A, #2B, #2C and #2D)H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 G QC Review H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
I CITY REVIEW (50% submittal) CITY 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 J 50% City review - prepare agenda, hold
meeting, prepare minutes, revise plans
CITY and
H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
Task 3 - 90% and 100% Construction Docs 10 95 35 0 140 $21,460 $0 $1,500 $11,000 $0 $0 $33,960 $35,048 3 A
Develop 90% design plans plus specs and
estimate - Civil (added view decks, pseudo-
ped bridge and creek banks)
H&A Team 0 10 10 0 20 $3,000 $0 $0 $0 $0 $0 $3,000
B
Develop 90% design plans plus specs
and estimate - Structural (added for
cantilevered viewing decks)
H&A Team 0 0 0 0 0 $0 $0 $0 $7,000 $0 $0 $7,000
C Develop 90% design plans plus specs and
estimate - Landscape (added creek banks)H&A Team 0 0 0 0 0 $0 $0 $1,000 $0 $0 $0 $1,000 D Develop 90% design plans plus specs and
estimate - Electrical H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 E Update cost estimate to 90% level (included
in items #3A, #3B, #3C and #3D above)H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 F Prepare draft technical specifications
(included in items #3A, #3B, #3C and #3D)H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 G QC Review H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
G1 Prepare applications and submit for
review 401, 404 and 1601 permitsH&A Team 5 60 10 0 75 $11,480 $0 $0 $0 $0 $0 $11,480 H CITY REVIEW (90% submittal) including
building permit process CITY 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 I 90% City review - prepare agenda, hold
meeting, prepare minutes, revise plans
CITY and
H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
J
Develop 100% design plans plus specs and
estimate - Civil (added view decks, pseudo-
ped bridge and creek banks)
H&A Team 0 5 5 0 10 $1,500 $0 $0 $0 $0 $0 $1,500
K
Develop 100% design plans plus specs
and estimate - Structural (added for
cantilevered viewing decks)
H&A Team 0 0 0 0 0 $0 $0 $0 $4,000 $0 $0 $4,000
L Develop 100% design plans plus specs and
estimate - Landscape (added creek banks)H&A Team 0 0 0 0 0 $0 $0 $500 $0 $0 $0 $500 M Develop 100% design plans plus specs and
estimate - Electrical H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 N Prepare final cost estimate (included in
items #3K, #3L, #3M and #3N above)H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 211221 Santiago Park cost CHG ORDER No-1.xls
City Council 17 – 17 3/15/2022
PAGE 3 OF 3
12/21/21
Project Mgr &
QA/QC Mgr.

Engineer or
Surveyor CAD Tech. 2 man Field
Survey Crew
$196 $150 $150 $284 MAN-HOURS LABOR COSTH&A
Expenses NUVIS
CDA (Back
on team
since
cantilevered
viewing
decks =
returned)
Leighton
NTWOS
(nothing
added)
H&A Internal
Task Budgets

RFP TASK
COST
Santiago Park Main Street
Entrance Design

COST BREAKDOWN
Change Order-Return View Decks
Labor Hours by Classification
Hunsaker &
Associates SUBCONSULTANTS
O Prepare final technical specifications
(included in items #3K, #3L, #3M and #3N)H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 P
Obtain approvals for 401, 404 and 1601
permits and incorporate any conditions
into final bid documents
H&A Team 5 20 10 0 35 $5,480 $0 $0 $0 $0 $0 $5,480
Q QC Review H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
R CITY APPROVAL (Final PS&E) including
building permit CITY 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
Task 4 - Bid, Const. Admin. & Record Dwgs. 0 15 15 0 30 $4,500 $0 $500 $10,600 $0 $0 $15,600 $16,100 4 A Pre-bid meeting - prepare agenda, hold
meeting, prepare minutes
CITY and
H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
B Respond to bidder RFI's (added 20 RFIs)H&A Team 0 5 5 0 10 $1,500 $0 $100 $3,000 $0 $0 $4,600 C Assist in bid evaluation H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 D Pre-const. meeting - prepare agenda, hold
meeting, prepare minutes
CITY and
H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0
E Respond to contractor RFI's (added 20
RFIs) H&A Team 0 5 5 0 10 $1,500 $0 $100 $3,000 $0 $0 $4,600 F Review contractor submittals (added 10
submittals) H&A Team 0 5 5 0 10 $1,500 $0 $200 $3,000 $0 $0 $4,700 G Monthly Site Visits by PM (10 budgeted)H&A Team 0 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 H Prepare record dwgs from contractor single
set of mark-ups (added for extra dwgs.)H&A Team 0 0 0 0 0 $0 $0 $100 $1,600 $0 $0 $1,700 37 252 90 32 411 $67,640 $0 $4,500 $41,600 $20,000 $0 $133,740 $133,740 G Exhibits as defined by Addendum #1 0 0 0 0 $0 $0 $0 $0 $0 $0 $0 $0

PROPOSAL TOTALS
211221 Santiago Park cost CHG ORDER No-1.xls
City Council 17 – 18 3/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Garnsey Business District Pavement Improvements

AGENDA TITLE
Award a Construction Contract to All American Asphalt in the Amount of $4,189,151, for the Garnsey Business District Pavement Improvements FY 2021-22 Project, with an Estimated Project Delivery Cost of $4,763,666 (Project No. 22-6991) (Non-General Fund)

RECOMMENDED ACTION

1. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $4,189,151, for construction of the Garnsey Business District Pavement Improvements FY 2020-21, for the term beginning March 15, 2022, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,763,666, which includes $4,189,151 for the construction contract; $335,132 for contract administration, inspection and testing; and a $239,383 project contingency for unanticipated or unforeseen work.

DISCUSSION
The Garnsey Business District (Exhibit 1) is in a state of disrepair and the Garnsey Business District Pavement Improvements Project will reconstruct the local interior roadway network within the District. The scope of work involves fully reconstructing a pavement section, repair of longitudinal gutters, and replacement of damaged curb and gutter, curb ramps, and sidewalk. Traffic signage and striping will also be replaced.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on January 14 and January 21, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on February 1, 2022.

City Council 18 – 1 3/15/2022
Award Construction Contract to All American Asphalt
March 15, 2022

2 4
9 5
The City notified a total of 1,317 regional vendors via PlanetBids, 78 of which are based in Santa Ana. Forty vendors requested bidding documents. A total of 4 bids were received. However, no bids were received from Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 All American Asphalt Corona $4,189,151.00
2 Excel Paving Co. Long Beach $4,236,670.00
3 R.J. Noble Company Orange $4,364,355.00
4 Hardy & Harper, Inc. Lake Forest $4,430,000.00
A total of four bids were received and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $4,189,151 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to All American Asphalt, in the amount of the base bid totaling $4,189,151 (Exhibit 3). All American Asphalt has performed the following work in the City of Santa Ana within the past five years: Flower Street Rehabilitation (Project No. 21-6976), Residential Street Repair Program FY 2019-20 (Project No. 20-7533), and Local Street Preventative Maintenance FY 2019-20 (Project No. 20-6907).

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions.

Construction administration and inspection includes construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $4,763,666.

Project Item Total
Construction Contract $4,189,151.00
Construction Administration, Inspection, Testing $335,132.00 Contingencies $239,383.00
TOTAL CONSTRUCTION DELIVERY COST $4,763,666.00
City Council 18 – 2 3/15/2022
Award Construction Contract to All American Asphalt
March 15, 2022

2 4
9 5

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-109 was filed for the project.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $4,763,666, which includes construction, contract administration, inspection, testing, and an authorized contingency. The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project.

Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund Description
Accounting Unit -
Account No.

Description
Amount
2020-21 05917665-66220
(Proj. 22-6991)
Select Street
Construction
HUTA Gas Tax-RMRA
– Improvements Other
Than Building
$812,334
2021-22 05917660-66220
(Proj. 22-6991)
Select Street
Construction
Select Street
Construction –
Improvements Other
Than Building
$3,131,332
2021-22 06617647-66301
(Proj. 22-6472)
Acquisition &
Construction
Water Utility Capital
Projects – Water
Capital Project
$820,000
Total $4,763,666

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 18 – 3 3/15/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-6991:

Garnsey Business District Pavement
Improvements
Exhibit 1
City Council 18 – 4 3/15/2022

93.80 92.90
104.00
500.00

9.80 46.88

31.59 15.64

15.38 532.00
950.00
1,034,614.00
1,405,577.00
374,400.00
130,000.00
3,920.00
11,600.00
9,376.00
3,159.00
140,760.00
816,678.00
61,915.00
23,940.00
60,000.00
19,000.00
10,000.00
1,015.00
5,800.00
Exhibit 2
City Council 18 – 5 3/15/2022
690.00 8,970.00
2,100.00
4,576.00
3,866.00
50,000.00
24,700.00
3,866.00
2,288.00
1,050.00
4,189,151.00
Exhibit 2
City Council 18 – 6 3/15/2022
Exhibit 3
City Council 18 – 7 3/15/2022
Exhibit 3
City Council 18 – 8 3/15/2022
Exhibit 3
City Council 18 – 9 3/15/2022
Exhibit 3
City Council 18 – 10 3/15/2022
Exhibit 3
City Council 18 – 11 3/15/2022
Exhibit 3
City Council 18 – 12 3/15/2022
EXHIBIT 4
Construction Contract 4,189,151.00 $
Contract Administration, Inspection and Testing 335,132.00 $ Contingencies 239,383.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 4,763,666.00$
CONSTRUCTION OF PROJECT NO. 22-6991: Garnsey Business District Pavement Improvements

COST ANALYSIS
City Council 18 – 13 3/15/2022
Community Development Agency
santa-ana.org/cd
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Amendment to FY 2021-2022 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with 2-1-1 Orange County AGENDA TITLE:

Approve an Amendment to the Fiscal Year 2021-2022 Emergency Solutions Grant Memorandum of Understanding Agreement with Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 2-1-1 Orange County for HMIS Data Collection using Unspent FY 2020-2021 ESG Funds (Non- General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an amendment to the Santa Ana Police Department HEART Program Memorandum of Understanding to increase the amount of the agreement by $33,884 for program year July 1, 2021 - June 30, 2022 for additional street outreach activities, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute an amendment to the 2-1-1 Orange County Subrecipient Agreement to increase the amount of the agreement by $47,212.35 for program year July 1, 2021 - June 30, 2022 for additional Homeless Management Information Systems data collection, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On May 4, 2021, the City Council authorized the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Department and agreements with non-profit organizations as part of the program year 2021-2022 Emergency Solutions Grant (ESG) Program allocation to provide housing assistance, emergency shelter, and street outreach to Santa Ana residents experiencing homelessness.

At the close of Fiscal Year (FY) 2020-2021, unspent funds from ESG Program recipients totaling $81,096.35 were recaptured for redistribution. Staff recommends reallocating FY 2020-2021 unspent funds to the Santa Ana Police Department HEART Program and 2- 1-1 Orange County to expand services to people experiencing homelessness. The funds City Council 19 – 1 3/15/2022
Amendment to FY 2021-2022 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with 2-1-1 Orange County March 15, 2022

2 4
8 7
for the HEART Program will provide additional street outreach services to individuals experiencing homelessness to provide them with necessary services and resources. The funds for 2-1-1 Orange County will provide additional funds for HMIS data collection and analysis.

FISCAL IMPACT
The Emergency Solutions Grant funds have been carried forward from FY 2020-2021 to FY 2021-2022 in the amount of $81,096.35 for expenditure as follows:

Total $81,096.35

EXHIBIT(S)

1. Staff Report from May 4, 2021

2. Amendment to Memorandum of Understanding with SAPD HEART Program

3. Amendment to Subrecipient Agreement with 2-1-1 Orange County Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
Fiscal Year Grant
Year
Accounting
Unit-Account
Fund
Description
Accounting Unit,
Account Description Amount
FY 2021-22 2020 13518785-61040 Emergency
Solutions Grant
ESG Grant, Salaries
Overtime $30,232.00
FY 2021-22 2020 13518785-65400 Emergency
Solutions Grant
ESG Grant, Indirect
Costs $3,652.00
FY 2021-22 2020 13518785-69135 Emergency
Solutions Grant
ESG Grant, Payment to
Subagent $47,212.35
City Council 19 – 2 3/15/2022

FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF SANTA ANA AND SANTA ANA POLI CE DEPARTMENT
(24 CFR Parts 91 and 576)

THIS FIRST AMENDMENT TO THE EMERGENCY SOLUTIONS GRANT MEMORANDUM OF UNDERSTANDING is entered into this 15th day of March, 2022, by and between the City or Santa Ana, a charter city and municipal corporation of the State of California ("City"), and the Santa Ana Police Department ("Subrecipient").

RECITALS
A. On July I, 2021. the City entered into an Emergency Solutions Grant Memorandum of Understanding with the Santa Ana Police Department, A-2021-069-04, to provide Emergency Funds from the United States Department of Housing and urban Development (HUD) to be used in the operation of an emergency solution program for the homeless or at risk of homelessness of the City of Santa Ana ("said Agreement").

B. In an effort to provide additional housing assistance activities to serve Santa Ana residents experiencing homelessness, $33,884.00 will be reallocated to the Santa Ana Police Department HEART program.

C. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds to the Subrecipient, which need to be spent by June 30. 2022.

NOW THEREFORE, in consideration of the mutual and respective promises. and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows:
l. Paragraph 5, shall be amended to increase funding to Subrecipient by S33,1184.00 for additional Data Collection and Outreach and Engagement Services. The new total sum shall be increased from $51,880.00 to an amount not to exceed $85,764.00 in grant funding.

2. Section I, subsection A, shall be amended to add the specific tasks required of the new funds as depicted in Subrecipient's Scope of Services attached hereto as Exhibit A and incorporated herein by reference.

3. Section Ill, shall be amended to increase funding to Subrecipient by $33,884.00 for a total sum not to exceed $85,764.00. Subrecipient's Budget for these new· funds is attached hereto as Exhibit A and incorporated herein by reference.

4. Except as hereinabove modified, the tenns and conditions of said Agreement remain unchanged and in full force and effect.

Ill
Ill
EXHIBIT 2
City Council 19 – 3 3/15/2022
IN \�'ITNESS \VIIEREOF, the partie, hereto ha,c e.\ecuted this Fir,r Amendment ro ,.tic! Agreement the date and ycnr l1r�1 abo,·e \\ rittcn.

ATTEST:

DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:

Sonia R. arv �10
City A om
RECOMMENDED FOR AP PROV AL:

STEVEN A. MENDOZA
Executive Director
Community Development Agency

CITY OF SANT A ANA

KRISTINE RIDGE
City Manager
SUBRECIPIENT:
full.. eJ-flfi V1MlA111tJ
£. �t1
Title: Chiefof Polic
Tax ID# 95-6000785
DUNS# 0831532470000
EXHIBIT 2
City Council 19 – 4 3/15/2022

EXHIBIT A

SCOPE OF SERVICES
EXHIBIT 2
City Council 19 – 5 3/15/2022
Name of Organization
Name of Funded Program
Annual Accomplishment Goal
City of Santa Ana
2021 - 2022 Scope of Work
City of Santa Ana/Santa Ana Police Department
H.E.A.R.T
I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded proram, named above, during the 12-month contract period.

I 250 Persons
II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract eriod.
250 Persons '---___;_�
Program and Funding Description
Ill. Description of Work - In the space below, describe the program to be funded during the 12-month contract period.

What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print.

Santa Ana Police Officers will contact individuals experiencing homelessness and attempt to provide the person(s) with necessary resources. The various resourc es will include lodging at the Link or Courtyard homeless shelters, transport ation and social or mental health services utilizing the County PERT team members.

Through a collaborative approach, officers will work the entire City in areas that are impacted by calls for service, citizen compl aints, or noticeable encampments.

Schedule of Performance
Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2.,_) _____ _ Quarter 1: July 1 - September 30 75 Persons Quarter 2: October 1 - December 31 50 Persons 1-----___;_...;;..i Quarter 3: January 1 - March 31 75 Persons 1-----___;_...;;..i Quarter 4: April 1 -June 30 50 Persons 1--------l
Schedule of Invoicing
Estimate the amount of grant funds to be req
Quarter 1: July 1 - September 30
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 -June 30
250 Total unduplicated Santa Ana Residents to be served. ,__ ____ __, uested durinq the 12-month contract period on a quarterly basis. $21,441.00
$21,441.00
$21,441.00
$21,441.00
$ 85,764.00 Total Grant
Exhibit A

EXHIBIT 2
City Council 19 – 6 3/15/2022

FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT

SUBRECIPIENT AGREEMENT BETWEEN
THE CITY OF SANTA ANA AND 211 ORANGE COUNTY
(24 CFR Parts 91 and 576)

THIS FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT is entered into this 15th day of March, 2022, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and 211 Orange County, a California nonprofit organization ("Subrecipient").

RECITALS
A. On July 1, 202 1, the City entered into an Emergency Solutions Grant Subrecipient Agreement with 211 Orange County, A-2021-069-05, to provide Emergency Funds from the United States Department of Housing and urban Development (HUD) to be used in the operation of an emergency solution program for the homeless or at risk of homelessness of the City of Santa Ana ("said Agreement").

B. In an effort to provide additional housing assistance activities to serve Santa Ana residents experiencing homelessness, $47,212.35 will be reallocated to the 211 Orange County HMIS Data Collection.

C. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds to the Subrecipient, which need to be spent by June 30, 2022.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows:

1. Paragraph 5, shall be amended to increase funding to Subrecipient by $47,212.35 in additional Data Collection and Outreach and Engagement Services. The new total sum shall be increased from$140,575. to an amount not to exceed $187,787.35 in grant funding.

2. Section I, subsection A, shall be amended to add the specific tasks required of the new funds as depicted in Subrecipient’s Scope of Services attached hereto as Exhibit A and incorporated herein by reference.

3. Section III, shall be amended to increase funding to Subrecipient by $47,212.35 for a total sum not to exceed $187,787.35. Subrecipient’s Budget for these new funds is attached hereto as Exhibit A and incorporated herein by reference.

4. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.
///
///
///
///
EXHIBIT 3
City Council 19 – 7 3/15/2022
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
___________________________

DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
___________________________
By: RYAN O. HODGE
Assistant City Attorney
________________________

KRISTINE RIDGE
City Manager
SUBRECIPIENT:
_______________________

KAREN WILLIAMS
211 Orange County
Tax ID# 33-0063532
DUNS# 884339003
RECOMMENDED FOR APPROVAL:
_____________________________
STEVEN A. MENDOZA
Executive Director
Community Development Agency
EXHIBIT 3
City Council 19 – 8 3/15/2022

EXHIBIT A

SCOPE OF SERVICES

EXHIBIT 3
City Council 19 – 9 3/15/2022
Name of Organization
Name of Funded Program
Annual Accomplishment Goal
Persons
Persons
Program and Funding Description
Schedule of Performance
Quarter 1: July 1 - September 30 Persons
Quarter 2: October 1 - December 31 Persons
Quarter 3: January 1 - March 31 Persons
Quarter 4: April 1 -June 30 Persons
0 Total unduplicated Santa Ana Residents to be served.

Schedule of Invoicing
Quarter 1: July 1 - September 30 $35,870.00
Quarter 2: October 1 - December 31 $50,639.00
Quarter 3: January 1 - March 31 $50,639.00
Quarter 4: April 1 -June 30 $50,639.00
187,787.00$ Total Grant
I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period.

II. Number of unduplicated Santa Ana residents expected to be served by the funded program during the 12-month contract period.

City of Santa Ana
2021 - 2022 Scope of Work
2-1-1 Orange County
HMIS Data Colloection
Exhibit A

III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period.

What specific activities will be undertaken during the contract period. Please be concise in your response. Only the viewable space will print.

Estimate the number of unduplicated Santa Ana residents to be served by the funded program during the 12-month contract period per quarter. (Enter number of new Santa Ana clients served each quarter. If they were served in quarter 1 do not count them again in quarter 2)
Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis.

Host user meetings
Perform site visits
Provide training and technical assistance
Complete project set‐ups
Publish data quality and performance reports on the 211OC website (211oc.org) HMIS licenses
HMIS Street Outreach mobile app licenses
Monthly demographic survey data via 2‐1‐1 Santa Ana calls into Community Information Exchange Creation and implementation of quartelry HMIS/I&R Dashboard EXHIBIT 3
City Council 19 – 10 3/15/2022
Community Development Agency
santa-ana.org/cd
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Orange County Social Services Agency Vocational Training and Work Experience Services Program
AGENDA TITLE:

County of Orange Social Services Agency (SSA) Vocational Training and Work Experience Program (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement awarding $2,516,892 to the City of Santa Ana’s Santa Ana WORK Center from the County of Orange Social Services Agency for vocational training and work experience activities, effective July 1, 2022 through June 30, 2025, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The County of Orange Social Services Agency administers a CalWORKs Welfare to Work (WTW) Program designed to provide case management, job services, job training, and supportive services to assist CalWORKs recipients to overcome barriers and obtain or maintain stable employment. The goal of the program is for the participating individuals to achieve economic self-sufficiency.

The City of Santa Ana WORK Center has collaborated with the County of Orange Social Services Agency for over 20 years to provide employment and training services. The previous contract awarded for fiscal years 2020-21 through 2021-22 resulted in over 200 Welfare-to-Work participants enrolled into either vocational training or work experience programs. Participants have achieved certificates in various types of training including medical assistants, accounting clerks and medical billing. Over 65 percent of enrollees have obtained employment.

The City of Santa Ana WORK Center was awarded a $2,516,892 contract to continue to provide vocational training and work experience activities to CalWORKs WTW participants. Under this contract, staff will also provide case management, employability skills training, worksite development and job placement services. The program will serve 100 participants per year from July 1, 2022 through June 30, 2025.

City Council 20 – 1 3/15/2022
Orange County Social Services Agency Vocational Training and Work Experience Services Program
March 15, 2022

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FISCAL IMPACT
The anticipated revenues and expenditures for this grant program will be included and budgeted in each respective fiscal year budget. Upon City Council’s adoption of the annual budget, funds will be available and expended as follows:

Fiscal
Year
Accounting
Unit-Account Fund Description Accounting Unit, Account
Description Amount
FY 22-23 12418737-
various Orange County Grants Social Services Agency
Vocational Training & WEX $ 838,964
FY 23-24 12418737-
various Orange County Grants Social Services Agency
Vocational Training & WEX $ 838,964
FY 24-25 12418737-
various Orange County Grants Social Services Agency
Vocational Training & WEX $ 838,964
Total $2,516,892

EXHIBIT(S)

1. OC SSA Contract FY 2022-25
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 20 – 2 3/15/2022
WDM0522 Page 1 of 45 March 1, 2022

AGREEMENT

BETWEEN

COUNTY OF ORANGE
AND

CITY OF SANTA ANA

FOR THE PROVISION OF VOCATIONAL TRAINING

AND WORK EXPERIENCE SERVICES

This AGREEMENT is by and between the COUNTY OF ORANGE, hereinafter referred to as “COUNTY,” and CITY OF SANTA ANA , a Charter city and Municipal Corporation, hereinafter referred to as “CONTRACTOR.” This Agreement shall be administered by the County of Orange Social Services Agency Director or designee, hereinafter referred to as “ADMINISTRATOR.”

W I T N E S S E T H:

WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of Vocational Training and Work Experience Services;
WHEREAS, CONTRACTOR agrees to render such services on the terms and conditions hereinafter set forth;
WHEREAS, such services are authorized and provided for pursuant to California Welfare and Institutions Code Section 11200 et seq., also known as the California Wo rk Opportunity and Responsibility to Kids (CalWORKs) Act; and

ACCORDINGLY, THE PARTIES AGREED AS FOLLOWS:

City Council 20 – 3 3/15/2022
WDM0522 Page 2 of 45 March 1, 2022

TABLE OF CONTENTS

1. TERM ................................ ................................ ................................ ................................ ............. 4

2. ALTERATION OF TERMS................................ ................................ ................................ ............ 4

3. STATUS OF CONTRACTOR ................................ ................................ ................................ ........ 4

4. DESCRIPTION OF SERVICES................................ ................................ ................................ ...... 4

5. LICENSES AND STANDARDS ................................ ................................ ................................ .... 5

6. DELEGATION AND ASSIGNMENT/CHANGE OF OWNERSHIP ................................ .............. 6

7. SUBCONTRACTS ................................ ................................ ................................ ......................... 6

8. FORM OF BUSINESS ORGANIZATION/NAME CHANGE ................................ ........................ 8

9. NON-DISCRIMINATION ................................ ................................ ................................ .............. 9

10. NOTICES ................................ ................................ ................................ ................................ ..... 12

11. NOTICE OF DELAYS ................................ ................................ ................................ ................. 13

12. INDEMNIFICATION ................................ ................................ ................................ ................... 13

13. INSURANCE ................................ ................................ ................................ ............................... 14

14. NOTIFICATION OF LITIGATION, INCIDENTS, CLAIMS, OR SUITS ................................ .... 19

15. CONFLICT OF INTEREST ................................ ................................ ................................ .......... 19

16. ANTI-PROSELYTISM PROVISION ................................ ................................ ........................... 20

17. SUPPLANTING GOVERNMENT FUNDS ................................ ................................ .................. 20

18. EQUIPMENT ................................ ................................ ................................ ............................... 20

19. BREACH SANCTIONS ................................ ................................ ................................ ............... 22

20. PAYMENTS ................................ ................................ ................................ ................................ . 23

21. OVERPAYMENTS ................................ ................................ ................................ ...................... 25

22. OUTSTANDING DEBT ................................ ................................ ................................ ............... 25

23. REVENUE ................................ ................................ ................................ ................................ ... 25

24. PROGRAM INCOME ................................ ................................ ................................ .................. 25

25. FINAL REPORT ................................ ................................ ................................ .......................... 26

26. INDEPENDENT AUDIT ................................ ................................ ................................ .............. 26

27. RECORDS, INSPECTIONS, AND AUDITS ................................ ................................ ................ 27

28. PERSONNEL DISCLOSURE ................................ ................................ ................................ ....... 29

29. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING ................................ .......... 32

30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW......... 32

31. CONFIDENTIALITY ................................ ................................ ................................ ................... 32

32. SECURITY................................ ................................ ................................ ................................ ... 33

33. COPYRIGHT ACCESS ................................ ................................ ................................ ................ 36

34. WAIVER ................................ ................................ ................................ ................................ ...... 36

35. SERVICES DURING EMERGENCY AND/OR DISASTER ................................ ........................ 36

36. PUBLICITY, LITERATURE, ADVERTISEMENTS AND SOCIAL MEDIA .............................. 37

37. REPORTS ................................ ................................ ................................ ................................ .... 38

38. ENERGY EFFICIENCY STANDARDS ................................ ................................ ....................... 38

39. ENVIRONMENTAL PROTECTION STANDARDS................................ ................................ .... 38

40. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS ................................ ................................ ................................ .............. 39

41. POLITICAL ACTIVITY ................................ ................................ ................................ .............. 40

42. TERMINATION PROVISIONS ................................ ................................ ................................ ... 40

43. COOPERATIVE AGREEMENT ................................ ................................ ................................ .. 42

44. GOVERNING LAW AND VENUE ................................ ................................ .............................. 42

45. SIGNATURE IN COUNTERPARTS ................................ ................................ ............................ 43

ATTACHMENT A

1. POPULATION TO BE SERVED................................ ................................ ................................ .... 1

2. DEFINITIONS ................................ ................................ ................................ ............................... 1

3. OUTCOME OBJECTIVES ................................ ................................ ................................ ............. 3

4. HOURS OF OPERATION ................................ ................................ ................................ .............. 3

5. GENERAL REQUIREMENTS ................................ ................................ ................................ ....... 4

6. SERVICE REQUIREMENTS ................................ ................................ ................................ ......... 6

7. PERFORMANCE MONITORING AND REVIEW ................................ ................................ ...... 10

8. QUALITY ASSURANCE/QUALITY CONTROL................................ ................................ ........ 11 City Council 20 – 4 3/15/2022
WDM0522 Page 3 of 45 March 1, 2022

9. MEETINGS ................................ ................................ ................................ ................................ .. 12

10. FACILITIES ................................ ................................ ................................ ................................ . 12

11. REPORTING REQUIREMENTS ................................ ................................ ................................ . 12

12. BUDGET ................................ ................................ ................................ ................................ ...... 14

13. STAFFING REQUIREMENTS................................ ................................ ................................ ..... 17

14. TRAINING ................................ ................................ ................................ ................................ ... 22

ATTACHMENT B – Social Services Agency Policy and Procedure I 6: Information Technology Security and Usage
ATTACHMENT C – Social Services Agency Policy and Procedure F 21: Privacy and Security Incidents of Personally Identifiable Information (PII) and Confidential Information ATTACHMENT D – Social Services Agency (SSA) Information Technology Security and Usage Agreement

City Council 20 – 5 3/15/2022
WDM0522 Page 4 of 45 March 1, 2022

1. TERM
The term of this Agreement shall commence on July 1, 2022, and terminate on June 30, 2025 , unless earlier terminated pursuant to the provisions of Paragraph 42 of this Agreement; however, CONTRACTOR shall be obligated to perform such duties as would normally extend beyond this term, including, but not limited to, obligations with respect to indemnification, audits, reporting and accounting.

2. ALTERATION OF TERMS

2.1 This Agreement, including any Attachment(s) attached hereto and incorporated by reference, fully expresses all understandings of the parties and is the total Agreement between the parties as to the subject matter of this Agreement. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, are valid or binding unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties.

2.2 The various headings, numbers, and organization herein are for the purpose of convenience only and shall not limit or otherwise affect the Agreement.

3. STATUS OF CONTRACTOR

3.1 CONTRACTOR is, and shall at all times be deemed to be, an independen t contractor, and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal a nd agent, between COUNTY and CONTRACTOR or any of CONTRACTOR’s agents or employees. CONTRACTOR assumes exclusively the responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment.

3.2 CONTRACTOR, its agents, and employees shall not be entitled to any rights and/or privileges of COUNTY employees, and shall not be considered in any manner to be COUNTY employees.

4. DESCRIPTION OF SERVICES

4.1 CONTRACTOR agrees to provide those servic es, facilities, equipment, and supplies, as described in Attachment A to the Agreement between County of City Council 20 – 6 3/15/2022
WDM0522 Page 5 of 45 March 1, 2022

Orange and CONTRACTOR, for the Provision of Vocational Training (VTR) and Work Experience (WEX) Services, attached hereto and incorporated herein by reference. CONTRACTOR shall operate continuously throughout the term of this Agreement with the number and type of staff described and as required for provision of services hereunder.

4.2 Subject to thirty (30) days advance written notice, ADMINISTRATOR may require changes in staffing allocations to reflect current workload demands or service needs as long as COUNTY’s maximum funding obligation, as set forth in this Agreement, is not exceeded.

4.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send appropriate staff to attend an orientation session and subsequent training sessions given by COUNTY.

5. LICENSES AND STANDARDS

5.1 CONTRACTOR warrants that it and its personnel, described in Paragraph 28 of this Agreement, who are subject to individual registration and/or licensing requirements, have all necessary licenses and permits required by the laws of the United States, State of California (hereinafter referred to as “State”), County of Orange, and all other appropriate governmental agencies to perform the services described in this Agreement, and agrees to maintain, and require its personnel to maintain, these licenses and permits in effect for the duration of this Agreement.

Further, CONTRACTOR warrants that its employees shall conduct themselves in compliance with such laws and licensure requirements, including, without limitation, compliance with laws applicable to sexual harassment and ethical behavior. CONTACTOR must notify ADMINISTRATOR within one (1) business day of any change in license or permit status (e.g., becoming expired, inactive, etc.).

5.2 In the performance of this Agreement, CONTRACTOR shall comply with all applicable provisions of the California Welfare and Institutions Code (WIC); Title 45 of the Code of Federal Regulations (CFR); implementing regulations under 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Title 48 CFR Section 31.2; and all applicable City Council 20 – 7 3/15/2022
WDM0522 Page 6 of 45 March 1, 2022

laws and regu lations of the United States, State of California, County of Orange, and County of Orange Social Services Agency, and all administrative regulations, rules, and policies adopted thereunder, as each and all may now exist or be hereafter amended.

5.2.1 For federal ly funded Agreements in the amount of $25,000 or more, CONTRACTOR certifies that its officers and/or principals are not debarred or suspended from federal financial assistance programs and/or activities.

6. DELEGATION AND ASSIGNMENT/CHANGE OF OWNERSHIP

6.1 Delegation and Assignment

6.1.1 In the performance of this Agreement, CONTRACTOR may neither delegate its duties or obligations nor assign its rights, either in whole or in part, without the prior written consent of COUNTY. Any attempted delegation or assignment without prior written consent shall be void. The transfer of assets in excess of ten percent (10%) of the total assets of CONTRACTOR, or any change in the corporate structure, the governing body, or the management of CONTRACTOR, which occurs as a result of such transfer, shall be deemed an assignment of benefits under the terms of this Agreement requiring COUNTY approval.

6.1.2 COUNTY reserves the right to immediately terminate the Agreement in the event COUNTY determines that the assignee is not qualified or otherwise acceptable to COUNTY for the provision of services under the Agreement.

6.2 Change of Ownership
CONTRACTOR agrees that if there is a change or transfer in ownership of CONTRACTOR’s business prior to completion of this Agreement, and COUNTY agrees to an assignment of the Agreement, the new owners shall be required, under the terms of sale or other instruments of transfer, to assume CONTRACTOR’s duties and obligations contained in this Agreement and complete them to the satisfaction of COUNTY.

7. SUBCONTRACTS
City Council 20 – 8 3/15/2022
WDM0522 Page 7 of 45 March 1, 2022

7.1 CONTRACTOR shall not subcontract for services under this Agreement without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents in writing to a subcontract, in no event shall the subcontract alter, in any way, any legal responsibility of CONTRACTOR to COUNTY. All subcontracts must be in writing and copies of same shall be provided to ADMINISTRATOR.

CONTRACTOR shall include in each subcontract any provision ADMINISTRATOR may require.

7.1.1 Subcontracts of $50,000 or less
CONTRACTOR shall develop a standard form Purchase Order, subject to prior written approval of ADMINISTRATOR, to be utilized for the purchase of services by CONTRACTOR when the cumulative total cost of the services to be provided by any organization is anticipated to be fifty thousand dollars ($50,000) or less during the term of this Agreement. The basis for costs incurred by any such Purchase Order(s) shall be the actual cost of providing services or the usual and customary charges established by the organization(s) providing the services.

7.1.2 Subcontracts in excess of $50,000
CONTRACTOR shall develop and submit for approval to
ADMINISTRATOR a system for the procurement of
subcontracts with any organization in which the total cumulative cost of services provided by any single organization is anticipated to exceed fifty thousand dollars ($50,000) during the term of this Agreement. CONTRACTOR’s proposed procurement system
shall take into consideration such factors as: degree of price competition; pricing policies and techniques; experi ence and quality of service; methods of evaluating subcontractor responsibility; relationship of subcontractor to CONTRACTOR; and planning, award, and post -award management of
subcontracts, including internal audit procedures and monitoring of subcontractor’s performance until completion of services.

City Council 20 – 9 3/15/2022
WDM0522 Page 8 of 45 March 1, 2022

Upon ADMINISTRATOR’s approval of CONTRACTOR’s
proposed procurement system, CONTRACTOR shall comply
with such procurement system in obtaining subcontracts with a total cost in excess of fifty thousand dollars ($50,000) during the term of this Agreement. In addition, CONTRACTOR shall
obtain ADMINISTRATOR’s written consent prior to entering into a subcontract with any organization when the total cumulative cost of services to be provided by that organization is anticipated to exceed fifty thousand dollars ($50,000) during the term of this Agreement.

CONTRACTOR and its subcontractor(s) shall establish and maintain accurate and complete financial records related to services provided under the terms of this Agreement. Such records may be subject to the satisfaction of
ADMINISTRATOR, and to the examination and audit by
ADMINISTRATOR or designee, for a period of five (5) years, or until any pending audit is completed.

8. FORM OF BUSINESS ORGANIZATION/NAME CHANGE

8.1 Form of Business Organization
Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and submit, within thirty (30) days thereafter, an affidavit executed by persons satisfactory to ADMINISTRATOR, containing, but not limited to, the following information:

8.1.1 The form of CONTRACTOR’s business organization, i.e., proprietorship, partnership, corporation, etc.

8.1.2 A detailed statement indicating the relationship of CONTRACTOR, by way of ownership or otherwise, to any parent organization or individual.

8.1.3 A detailed statement indicating the relationship of CONTRACTOR to any subsidiary business organization or to any individual who may be providing services, supplies, material, or equipment to CONTRACTOR or in any manner does business with CONTRACTOR under this City Council 20 – 10 3/15/2022
WDM0522 Page 9 of 45 March 1, 2022

Agreement.

8.2 Change in Form of Business Organization
If, during the term of this Agreement, the form of CONTRACTOR’s business organization changes, or the ownership of CONTRACTOR changes, or when changes occur between CONTRACTOR and other businesses that could impact services provided through this Agreement, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing, detailing such changes. A change in the form of business organization may, at COUNTY’s sole discretion, be treated as an attempted assignment of rights or delegation of duties of this Agreement.

8.3 Name Change
CONTRACTOR must notify COUNTY, in writing, of any change in CONTRACTOR’s status with respect to name changes that do not require an assignment of the Agreement. While CONTRACTOR is required to provide name change information without prompting from the COUNTY, CONTRACTOR must also provide an update to COUNTY of its status upon request by COUNTY.

9. NON-DISCRIMINATION

9.1 In the performance of this Agreement, CONTRACTOR agrees that it shall not engage nor employ any unlawful discriminatory practices in the admission of clients, provision of services or benefits, assignment of accommodations, treatment, evaluation, employment of personnel, or in any other respect, on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any other protected group, in accor dance with the requirements of all applicable federal or State laws.

9.2 CONTRACTOR shall furnish any and all information requested by ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to books, records, and accounts in order to ascer tain CONTRACTOR’s City Council 20 – 11 3/15/2022
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compliance with Paragraph 9 et seq.

9.3 Non-Discrimination in Employment

9.3.1 CONTRACTOR shall comply with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor regulations (Title 41 CFR Part 60).

9.3.2 All solicitations or advertisements for employ ees placed by or on behalf of CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any other protected group, in accordance with the requirements of all applicable federal or State laws. Notic es describing the provisions of the equal opportunity clause shall be posted in a conspicuous place for employees and job applicants.

9.3.3 CONTRACTOR shall refer any and all employees desirous of filing a formal discrimination complaint to:

California Department of Fair Employment
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758
Telephone: (800) 884-1684
(800) 700-2320 (TTY)

9.4 Non-Discrimination in Service Delivery

9.4.1 CONTRACTOR shall comply with Titles VI and VII of the Civil Rights Act of 1964, as amended; Sectio n 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular 7 CFR section 272.6; Title II of the Americans with Disabilities Act of 1990, as amended; California Civil Code Section 51 et seq., as amended; California Government Code (CGC) Sections 11135 -11139.5, as amended; CGC City Council 20 – 12 3/15/2022
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Section 12940 (c), (h), (i), and (j); CGC Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000-98413; the Dymally-Alatorre Bilingual Services Act (CGC Section 7290 -7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and State laws, as well as their implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 CFR Part 15; and Title 28 CFR Part 42), and any other law pertaining to Equal Employment Opportunity, Affirmative Action, and Nondiscrimination, as each may now exist or be hereafter amended. CONTRACTOR shall not implement any administrative methods or procedures which would have a discriminatory effect or which would violate the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 21, Chapter 21-100. If there are any violations of this Paragraph, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with WIC Section 10605, or CGC Sections 11135- 11139.5, or any other laws, or the issue may be referred to the appropriate federal agency for further complian ce action and enforcement of Subparagraph 9.4 et seq.

9.4.2 CONTRACTOR shall provide any and all clients desirous of filing a formal complaint any and all information as appropriate:

Pamphlet: “Your Rights Under California Welfare Programs” (PUB 13)
Discrimination Complaint Form
Civil Rights Contacts:

County Civil Rights Contact:

Orange County Social Services Agency
Program Integrity
Attn: Civil Rights Coordinator
P.O. Box 22001
Santa Ana, CA 92702-2001
Telephone: (714) 438-8877
City Council 20 – 13 3/15/2022
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State Civil Rights Contact:

California Department of Social Services
Civil Rights Bureau
P.O. Box 944243, M/S 8-16-70
Sacramento, CA 94244-2430
Telephone: (916) 654-2107
Toll Free: (866) 741-6241
Federal Civil Rights Contact:

Office for Civil Rights
U.S. Department of Health and Human Services
90 7th Street, Suite 4-100
San Francisco, CA 94103
Customer Response Center: (800) 368-1019

9.4.3 The following websites provide Civil Rights information, publications and/or forms:
http://www.cdss.ca.gov/cdssweb/entres/forms/English/PUB470. pdf (Pub 470 - Your rights Under Adult Protective Services) http://www.cdss.ca.gov/inforesources/Civil-Rights/Your- Rights-Under-California-Welfare-Program (Pub 13 – Your
Rights Under California Welfare Programs)
http://ssa.ocgov.com/about/services/contact/complaints/comply (SSA Contractor and Vendor Compliance page)

10. NOTICES

10.1 All notices, requests, claims, correspondence, reports, statements authorized or required by this Agreement, and/or other communications shall be addressed as follows:

COUNTY: County of Orange Social Services Agency
Contracts Services
500 N. State College Blvd, Suite 100
Orange, CA 92868

City Council 20 – 14 3/15/2022
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CONTRACTOR: Santa Ana/Santa Ana WORK Center
801 Civic Center Dr., Suite 200
Santa Ana, CA 92701

10.2 All notices shall be deemed effective when in writing and when:

10.2.1 Deposited in the United States mail, first class postage prepaid and addressed as shown in the Subparagraph 10.1;

10.2.2 Sent by Email;

10.2.3 Faxed and transmission confirmed; or

10.2.4 Accepted by U.S. Postal Services Express Mail, Federal Express, United Parcel Service, or any other expedited delivery service.

10.3 The parties each may designate by written notice from time to time, in the manner aforesaid, any change in the address to which notices must be sent.

11. NOTICE OF DELAYS
Except as otherwise provided under this Agreement, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party.

12. INDEMNIFICATION

12.1 CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold U.S. Department of Health and Human Services, the State, COUNTY, and their elected and appointed officials, officers, employees, agents, and those special dist ricts and agencies which COUNTY’s Board of Supervisors acts as the governing Board (“COUNTY INDEMNITEES”) harmless from any claims, demands, or liability of any kind or nature, including, but not limited to, personal injury or property damage arising from or related to the services, products, or other performance provided by CONTRACTOR pursuant to this Agreement, but only in proportion to and to the extent that such claims, demands, or liabilities result from the negligent acts or omissions of CO NTRACTOR, its officers, employees, or agents. If judgment is entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY City Council 20 – 15 3/15/2022
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or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

12.2 COUNTY agrees to indemnify, defend with counsel approved in writing by CONTRACTOR, and hold CONTRACTOR, its elected and appointed officials, officers, employees, and agents (“CONTRACTOR INDEMNITEES”) harmless from any claims, demands, or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this Agreement, but only in proportion to and to the extent that such claims, demands, or liabilities result from the negligent acts or omissions of COUNTY, its officers, employees, or agents. If judgment is entered against COUNTY and CONTRACTOR by a court of competent jurisdiction because of the concurrent active negligence of CONTRACTOR or CONTRACTOR INDEMNITEES, COUNTY and CONTRACTOR agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment.

12.3 Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release any party from its obligation to indemnify as to claims or cause of action asserted that arise from this agreement.

13. INSURANCE

13.1 Prior to the provision of services under this Agreement, CONTRACTOR agrees to purchase all required insurance or maintain a program of self -insurance at CONTRACTOR’s expense, including all endorsements required herein, necessary to satisfy COUNTY that the insurance provisions of this Agreement have been complied with. CONTRACTOR agrees to keep such insurance coverage, Certificates of Insurance and endorsements on deposit with ADMINISTRATOR during the entire term of this Agreement. In addition, all subcontractors performing work on behalf of CONTRACTOR pursuant to this Agreement shall obtain insurance subject to the same terms and conditions as set forth herein for City Council 20 – 16 3/15/2022
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CONTRACTOR.

13.2 CONTRACTOR shall ensure that all subcontractors performing work on behalf of CONTRACTOR pursuant to this Agreement shall be covered under CONTRACTOR’s insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for CONTRACTOR.

CONTRACTOR shall not allow subcontractors to work if subcontractors have less than the level of coverage required by COUNTY from CONTRACTOR under this Agreement. It is the obligation of CONTRACTOR to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by CONTRACTOR through the entirety of this Agreement for inspection by COUNTY representative(s) at any reasonable time.

13.3 All self -insured retentions (S IRs) shall be clearly stated on the Certificate of Insurance. Any self -insured retention (SIR) in an amount in excess of fifty thousand dollars ($50,000) shall specifically be approved by the COUNTY’s Risk Manager, or designee, upon review of CONTRACTOR’s current audited financial report. If CONTRACTOR’s SIR is approved, CONTRACTOR, in addition to, and without limitation of, any other indemnity provision(s) in the Agreement, agrees to all of the following:

13.3.1 In addition to the duty to indemnify and hold COUNTY harmless against any and all liability, claim, demand or suit resulting from CONTRACTOR’s, its agent’s, employee’s or subcontractor’s performance of this Agreement, CONTRACTOR shall defend COUNTY at its sole cost and expense with counsel approved by Board of Supervisors against same; and

13.3.2 CONTRACTOR’s duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and

13.3.3 The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and CONTRACTOR’s SIR provisions shall be interpreted as though CONTRACTOR was an insurer and COUNTY was the insured.

City Council 20 – 17 3/15/2022
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13.4 If CONTRACTOR fails to maintain insurance acceptable to COUNTY for the full term of this Agreement, COUNTY may terminate this Agreement.

13.5 Qualified Insurer

13.5.1 The policy or policies of insurance must be issued by an insurer with a minimum rating of A - (Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property -Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier).

13.6 If the insurance carrier does not have an A.M. Best Rating of A -/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial ratings.

13.7 The policy or policies of insurance maintained by CONTRACTOR shall provide the minimum limits and coverage as set forth below:

Coverage Minimum Limits

Commercial General Liability $1,000,000 per occurrence
$2,000,000 aggregate

Automobile Liability including coverage for
owned, non-owned and hired vehicles
$1,000,000 per occurrence

Workers’ Compensation Statutory

Employer’s Liability Insurance $1,000,000 per occurrence

Network Security & Privacy Liability $1,000,000 per claims made

Sexual Misconduct Liability $1,000,000 per occurrence

13.8 Required Coverage Forms

13.8.1 Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 01 or a substitute form providing City Council 20 – 18 3/15/2022
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liability coverage at least as broad.

13.8.2 Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20 or a substitute form providing coverage at least as broad.

13.9 Required Endorsements

13.9.1 Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate of Insurance:

An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad, naming the County of Orange, its elected and appointed officials, officers, agents and employees, as Additional Insureds or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT.

A primary non-contributing endorsement using ISO form CG 20 01 04 13, or a form at least as broad, evidencing that
CONTRACTOR’s insurance is primary and any insurance or
self-insurance maintained by the County of Orange s hall be excess and non-contributing.

13.9.2 The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate of Insurance.

An Additional Insured endorsement naming the County of
Orange, its elected and appointed officials, officers, agents and employees as Additional Insureds for its vicarious liability.

A primary and non-contributing endorsement evidencing that the CONTRACTOR’s insurance is primary and any insurance or
self-insurance maintained by the County of Orange shall be excess and non-contributing.

13.10 All insurance policies required by this Agreement shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acti ng within the scope of their appointment City Council 20 – 19 3/15/2022
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or employment.

13.11 CONTRACTOR shall notify COUNTY in writing within thirty (30) days of any policy cancellation and ten (10) days for non -payment of premium and provide a copy of the cancellation notice to COUNTY. Fail ure to provide written notice of cancellation may constitute a material breach of the contract, upon which the COUNTY may suspend or terminate this Agreement.

13.12 If CONTRACTOR’s Network Security & Privacy Liability policy is a “claims made” policy, CONTRACTOR shall agree to maintain Network Security & Privacy Liability coverage for two (2) years following completion of this Agreement.

13.13 The Commercial General Liability policy shall contain a severability of interests clause also known as a “separation of insur eds” clause (standard in the ISO CG 0001 policy).

13.14 Insurance certificates should be mailed to COUNTY at the address indicated in Paragraph 10 of this Agreement.

13.15 If CONTRACTOR fails to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/County Procurement Office or ADMINISTRATOR, award may be made to the next qualified proponent.

13.16 COUNTY expressly retains the right to require CONTRACTOR to increase or decrease insurance of any of the above insurance types throughout the term of this Agreement. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect COUNTY.

13.17 COUNTY shall notify CONTRACTOR in writing of changes in the insurance requirements. If CONTRACTOR does not deposit copies of acceptable certificates of insurance and endorsements with COUNTY incorporating such changes within thirty (30) days of receipt of such notice, this Agreement may be in breach without further notice to CONTRACTOR, and COUNTY shall be entitled to all legal remedies.

13.18 The procuring of such required policy or policies of insurance shall not be construed City Council 20 – 20 3/15/2022
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to limit CONTRACTOR’s liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement, nor act in any way to reduce the policy coverage and limits available from the insurer.

14. NOTIFICATION OF LITIGATION, INCIDENTS, CLAIMS, OR SUITS CONTRACTOR shall report to COUNTY, in writing within twenty-four (24) hours of occurrence, the following:

14.1 Any instance in which CONTRACTOR becomes a party to any litigation against COUNTY, or a party to litigation that may reasonably affect CONTRACTOR’s performance under this Agreement. While CONTRACTOR is required to provide this information without prompting from COUNTY, any time there is a change to CONTRACTOR’s litigation status, CONTRACT OR must also provide an update to COUNTY whenever requested by COUNTY.

14.2 Any accident or incident relating to services performed under this Agreement that involves injury or property damage which may result in the filing of a claim or lawsuit against CONTRACTOR and/or COUNTY.

14.3 Any third party claim or lawsuit filed against CONTRACTOR arising from or relating to services performed by CONTRACTOR under this Agreement.

14.4 Any injury to an employee of CONTRACTOR that occurs on COUNTY property.

14.5 Any loss, disappea rance, destruction, misuse or theft of any kind whatsoever of COUNTY property, monies or securities entrusted to CONTRACTOR under the term of this Agreement.

14.6 Any Notice of Contract Breach, or equivalent, received from any entity for whom CONTRACTOR is pr oviding the same or similar services, under a written agreement, regardless of service location or jurisdiction.

15. CONFLICT OF INTEREST

15.1 CONTRACTOR shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with COUNTY interests. In addition to the CONTRACTOR, this obligation shall apply to, CONTRACTOR’s employees, agents, and subcontr actors associated with the provision of goods and services City Council 20 – 21 3/15/2022
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provided under this Agreement. The CONTRACTOR’s efforts shall include, but not be limited to, establishing rules and procedures preventing its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans, or other considerations which could be deemed to influence or appear to influence COUNTY staff or elected officers in the performance of their duties.

15.2 CONTRACTOR shall notify COUNTY, in writing, of any pot ential conflicts of interest between CONTRACTOR and COUNTY that may arise prior to, or during the period of, Agreement performance. While CONTRACTOR will be required to provide this information without prompting from COUNTY any time there is a change regarding conflict of interest, CONTRACTOR must also provide an update to COUNTY whenever requested by COUNTY.

16. ANTI-PROSELYTISM PROVISION
No funds provided directly to institutions or organizations to provide services and administer programs under Title 42 Uni ted States Code (USC) Section 604a(a)(1)(A) shall be expended for sectarian worship, instruction, or proselytization, except as otherwise permitted by law.

17. SUPPLANTING GOVERNMENT FUNDS
CONTRACTOR shall not supplant any federal, State, or COUNTY funds int ended for the purposes of this Agreement with any funds made available under this Agreement.

CONTRACTOR shall not claim reimbursement from COUNTY for, or apply sums received from COUNTY with respect to, that portion of its obligations which have been paid by another source of revenue. CONTRACTOR agrees that it shall not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining federal, State, or COUNTY funds under any federal, State, or COUNTY program without prior written approval of ADMINISTRATOR.

18. EQUIPMENT

18.1 All items purchased with funds provided under this Agreement, or which are furnished to CONTRACTOR by COUNTY, which have a single unit cost of at least five thousand dolla rs ($5,000), including sales tax, shall be considered Capital Equipment. Title to all Capital Equipment shall, upon purchase, vest and remain City Council 20 – 22 3/15/2022
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in COUNTY. The use of such items of Capital Equipment is limited to the performance of this Agreement. Upon the termination of this Agreement, CONTRACTOR shall immediately return any items of Capital Equipment to COUNTY or its representatives, or dispose of them in accordance with the directions of ADMINISTRATOR.

CONTRACTOR further agrees to the following:

18.1.1 To maintain all items of Capital Equipment in good working order and condition, normal wear and tear excepted.

18.1.2 To label all items of Capital Equipment, do periodic inventories as required by ADMINISTRATOR, and to maintain an inventory list showing where and how th e Capital Equipment is being used, in accordance with procedures developed by ADMINISTRATOR. All such lists shall be submitted to ADMINISTRATOR within ten (10) days of any request.

18.1.3 To report in writing to ADMINISTRATOR immediately after discovery, the loss or theft of any items of Capital Equipment. For stolen items, the local law enforcement agency must be contacted and a copy of the police report submitted to ADMINISTRATOR.

18.1.4 To purchase a policy or policies of insurance covering loss or damage to any and all Capital Equipment purchased under this Agreement, in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, and special extended perils (all risks) c overing the parties’ interests as they appear.

18.2 The purchase of any Capital Equipment by CONTRACTOR shall be requested in writing, shall require the prior written approval of ADMINISTRATOR, and shall fulfill the provisions of this Agreement which are approp riate and directly related to CONTRACTOR’s service or activity under the terms of this Agreement.

COUNTY may refuse reimbursement for any costs resulting from Capital Equipment purchased which are incurred by CONTRACTOR, if prior written City Council 20 – 23 3/15/2022
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approval has not been obtained from ADMINISTRATOR.

18.3 Computer Equipment
No computers and/or personal electronic devices, such as tablets and laptop computers, or any component thereof, may be purchased with funds provided under this Agreement.

18.4 CONTRACTOR shall ensure that e ach of its employees, volunteers, consultants, or agents that have access to COUNTY facilities and/or data contained in ADMINISTRATOR’s Computer Information System completes information security and computer usage training provided by ADMINISTRATOR, signs and adheres to the provisions in Attachment B and C and signs Attachment D to this Agreement and signs and adheres to any subsequent agreements required by federal or State laws or regulations. CONTRACTOR’s failure to have all CONTRACTOR employees that h ave access to COUNTY’s facilities and/or data execute the agreements and/or complete the training shall constitute a breach of this Agreement.

19. BREACH SANCTIONS

19.1 Failure by CONTRACTOR to comply with any of the provisions, covenants, or conditions of this Agreement shall be a material breach of this Agreement. In such event, ADMINISTRATOR may, and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Agreement:

19.1.1 Afford CONTRACTOR a time period within which to cure the breach, which period shall be established by ADMINISTRATOR; and/or

19.1.2 Discontinue reimbursement to CONTRACTOR for and during the period in which CONTRACTOR is in breach, which reimbursement shall not be entitled to later recovery; and/or

19.1.3 Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to Subparagraph 19.1.2 above.

19.2 ADMINISTRATOR will give CON TRACTOR written notice of any action pursuant to this Paragraph, which notice shall be deemed served on the date of City Council 20 – 24 3/15/2022
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mailing.

20. PAYMENTS

20.1 Maximum Contractual Funding Obligation
The maximum funding obligation of COUNTY under this Agreement shall not exceed the amount of $2,516,892, or actual allowable costs, whichever is less. The estimated annual amount for each twelve (12) month period is as follows:

20.1.1 $838,964 for July 1, 2022 through June 30, 2023;

20.1.2 $838,964 for July 1, 2023 through June 30, 2024; and

20.1.3 $838,964 for July 1, 2024 through June 30, 2025.

20.2 Allowable Costs
During the term of this Agreement, COUNTY shall pay CONTRACTOR monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR pursuant to this Agreement, as defined in Title 2 CFR Part 200, or Title 48 CFR Section 31.2 as applicable, or as approved by ADMINISTRATOR. However, COUNTY, at its sole discretion, may pay CONTRACTOR for anticipated allowable costs that will be incurred by CONTRACTOR for June 20 23, June 2024, and June 2025, during the month of such anticipated expenditure.

20.3 Claims

20.3.1 CONTRACTOR shall submit monthly claims to be received by ADMINISTRATOR no later than the twenty-fifth (25th) calendar day of the month for expenses incurred in the preceding month, except as detailed below in Subpara graph 20.3.4. In the event the twenty-fifth (25th) calendar day falls on a weekend or COUNTY holiday, CONTRACTOR shall submit the claim the next business day. COUNTY holidays include New Year’s Day, Martin Luther King Jr. Day, President Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day.

20.3.2 All claims must be submitted on a form approved by ADMINISTRATOR.

ADMINISTRATOR may require CONTRACTOR to submit supporting City Council 20 – 25 3/15/2022
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source documents with the monthly claim, including, inter alia, a monthly statement of services, general ledgers, supp orting journals, time sheets, invoices, canceled checks, receipts, and receiving records, some of which may be required to be copied. Source documents that CONTRACTOR must submit shall be determined by ADMINISTRATOR and/or COUNTY's Auditor-Controller. CONTRACTOR shall retain all financial records in accordance with Paragraph 27 of this Agreement.

20.3.3 Payments should be released by COUNTY within a reasonable time period o f approximately thirty (30) days after receipt of a correctly completed claim form and required supporting documentation.

20.3.4 Year-End and Final Claims
CONTRACTOR shall submit a final claim for each COUNTY
fiscal year, July 1 through June 30, covered under the term of this Agreement, as stated in Paragraph 1, by no later than August 30th of each corresponding COUNTY fiscal year. Claims received after August 30th of each corresponding COUNTY fiscal year may, at ADMINISTRATOR’s sole discretion, not be reimbursed.

ADMINISTRATOR may modify the date upon which the final
claim per each COUNTY fiscal year must be received, upon written notice to CONTRACTOR.

The basis for final settlement shall be the actual allowable costs as defined in Title 45 CFR and 2 CFR, Part 200, or Title 48 CFR Section 31.2 as applicable, incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however, to the maximum funding obligation of COUNTY. In the event that any
overpayment has been made, COUNTY may offset the amount of the overpayment against the final payment. In the event overpayment exceeds the final payment, CONTRACTOR shall pay COUNTY all such sums within five (5) business day s of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment City Council 20 – 26 3/15/2022
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has been made.

21. OVERPAYMENTS
Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in accordance with any applicable regulations and/or policies in effect during the term of this Agreement, or as established by COUNTY procedure. Any overpayments made by COUNTY which result from a payment by any other funding source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the funding source. Unless earlier repaid, CONTRACTOR shall make repayment within thirty (30) days after the date of the final audit findings report and prior to any administrative appeal process. In the event an overpayment owing by CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR shall reimburse COUNTY within thirty (30) days thereafter and prior to any administrative appeal process. CONTRACTOR a grees to pay all costs incurred by COUNTY necessary to enforce the provisions set forth in this Paragraph.

22. OUTSTANDING DEBT
CONTRACTOR shall have no outstanding debt with COUNTY, or shall be in the process of resolving outstanding debt to ADMINISTRATOR’s satisfaction, prior to entering into and during the term of this Agreement.

23. REVENUE

23.1 Whenever CONTRACTOR receives any money specifically designated for use in programs funded through this Agreement, such monies shall be considered a cost off-set and treated as a reduction against the amount claimed by CONTRACTOR, except for Program Income as defined in Title 45 CFR Section 92.25, as that section currently exists or may be hereafter amended. The procedure for designating money as Program Income is set forth in Paragraph 24 of this Agreement.

24. PROGRAM INCOME
It is mutually understood that the State or federal agency responsible for providing the funding for this Agreement may designate certain revenue of CONTRACTOR as Program Income. To be designated as Program Income and, therefore, as other than a cost off-set, CONTRACTOR shall do all of the following:

24.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed Program City Council 20 – 27 3/15/2022
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Income.

24.2 Set up and maintain a separate bank account for any proposed Program Income and account for any and all such income received.

24.3 Report to ADMINISTRATOR any and all Program Income received no later than thirty (30) days from the date of receip t, record the amount received on internal financial records, and indicate the amount received on the monthly claim submitted to ADMINISTRATOR.

24.4 ADMINISTRATOR will then forward the plan for the requested use of the proposed Program Income to the appropriate State and/or federal agencies for approval.

24.5 CONTRACTOR shall not spend any of the proposed Program Income unless or until such time as ADMINISTRATOR obtains authorization for the use of the Program Income from the responsible State and/or feder al agency and provides CONTRACTOR with prior written approval for the use of the funds.

24.6 ADMINISTRATOR may issue future policy statements and/or instructions with respect to Program Income. CONTRACTOR shall immediately comply with such policy statements and/or instructions.

25. FINAL REPORT
CONTRACTOR shall complete and submit to ADMINISTRATOR a final report within sixty (60) days after the termination of this Agreement, which shall summarize the activities and services provided by CONTRACTOR during the term of this Agreement.

CONTRACTOR and ADMINISTRATOR may mutually agree to modify the date upon which the final report must be submitted. Any agreement must be in writing.

26. INDEPENDENT AUDIT

26.1 CONTRACTOR shall employ a licensed certified public accountant who shal l prepare and file with ADMINISTRATOR an annual organization -wide audit of related expenditures during the term of this Agreement in compliance with 31 USC 7501 – 7507, as well as its implementing regulations under 2 CFR Part 200, Uniform Administrative Re quirements, Cost Principles and Audit Requirements City Council 20 – 28 3/15/2022
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for Federal Awards. If CONTRACTOR is not subject to the aforementioned regulations for any year covered during the term of this Agreement, CONTRACTOR shall provide ADMINISTRATOR an Independent Auditor’s Report of CONTRACTOR’s financial statements. The audit must be performed in accordance with generally accepted government auditing standards.

CONTRACTOR shall cooperate with COUNTY, State, and/or federal agencies to ensure that corrective action is taken within six (6) months after issuance of all audit reports with regard to audit exceptions.

26.2 It is mutually understood that CONTRACTOR’s yearly fiscal cycle covers July 1 through June 30 . CONTRACTOR shall provide ADMINISTRATOR copies of organization-wide audits for each of the fiscal cycles corresponding with the term of this Agreement. CONTRACTOR shall provide each audit within fourteen (14) calendar days of CONTRACTOR’s receipt. Failure of CONTRACTOR to comply with this Paragraph shall be sufficient cause for ADMINISTRATOR to deny payment under this or any subsequent Agreement with CONTRACTOR until such time as the required audit(s) are provided to ADMINISTRATOR.

ADMINISTRATOR may modify CONTRACTOR’s audit submission deadline upon notice to CONTRACTOR.

27. RECORDS, INSPECTIONS, AND AUDITS

27.1 Financial Records

27.1.1 CONTRACTOR shall prepare and maintain accurate and complete financial records. Financial records shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final payment under this Agreement, or until all pending COUNTY, State, and federal audits are completed, whichever is later.

27.1.2 CONTRACTOR shall establish and maintain reasonable accounting, internal control, and financial reporting standards in conformity with generally accepted accoun ting principles established by the American Institute of Certified Public Accountants and to the satisfaction of ADMINISTRATOR.

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27.2 Client Records

27.2.1 CONTRACTOR shall prepare and maintain accurate and complete records of clients served and dates and type of services provided under the terms of this Agreement in a form acceptable to ADMINISTRATOR.

27.2.2 CONTRACTOR shall keep all COUNTY data provided to CONTRACTOR during the term(s) of this Agreement for a minimum of five (5) years from the date of final payment under this Agreement, or until all pending COUNTY, State, and federal audits are completed, whichever is later. These records shall be stored in Orange County, unless CONTRACTOR requests and COUNTY provides written approval for the right to store the records in an other county. Notwithstanding anything to the contrary, upon termination of this Agreement, CONTRACTOR shall relinquish control with respect to COUNTY data to COUNTY in accordance with Subparagraph 42.2.

27.2.3 COUNTY may refuse payment for a claim if client records are determined by COUNTY to be incomplete or inaccurate. In the event client records are determined to be incomplete or inaccurate a fter payment has been made, COUNTY may treat such payment as an overpayment within the provisions of this Agreement.

27.3 Public Records
To the extent permissible under the law, all records, including, but not limited to, reports, audits, notices, claims, state ments, and correspondence, required by this Agreement, may be subject to public disclosure. COUNTY will not be liable for any such disclosure.

27.4 Inspections and Audits

27.4.1 The U.S. Department of Health and Human Services, Comptroller General of the United State s, Director of CDSS, State Auditor -General, ADMINISTRATOR, COUNTY’s Auditor -Controller and Internal Audit Department, or any of their authorized representatives, shall have access to any books, documents, papers, and records, including medical records, of CONTRACTOR which any of them may determine to be pertinent to City Council 20 – 30 3/15/2022
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this Agreement. Further, all the above mentioned persons have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this Agreement and t he premises in which it is being performed.

27.4.2 CONTRACTOR shall make its books and records available within the borders of Orange County within ten (10) days of receipt of written demand by ADMINISTRATOR.

27.4.3 In the event CONTRACTOR does not make available its bo oks and financial records within the borders of Orange County, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY’s designee, necessary to obtain
CONTRACTOR’s books and records.

27.4.4 CONTRACTOR shall pay to COUNTY the f ull amount of COUNTY’s liability to the State or Federal Government or any agency thereof resulting from any disallowances or other audit exceptions to the extent that such liability is attributable to CONTRACTOR’s failure to perform under this Agreement.

27.5 Evaluation Studies
CONTRACTOR shall participate, as requested by COUNTY, in research and/or evaluative studies designed to show the effectiveness and/or efficiency of CONTRACTOR’s services or provide information about CONTRACTOR’s project.

28. PERSONNEL DISCLOSURE

28.1 This Paragraph 28 applies to all of CONTRACTOR’s personnel providing services through this Agreement, paid and unpaid, including those identifie d in Paragraph 13 of Attachment A (hereinafter referred to as “Personnel”).

28.2 CONTRACTOR shall make available to ADMINISTRATOR a current list of all Personnel providing services hereunder, including résumés and job applications.

Changes to the list will be immediately provided to ADMINISTRATOR, in City Council 20 – 31 3/15/2022
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writing, along with a copy of a résumé and/or job application. The list shall include:

28.2.1 Names and dates of birth of all Personnel by title, whose direct services are required to provide the programs described herein;

28.2.2 A brief description of the functions of each position and the hours each person works each week, or for part -time Personnel, each day or month, as appropriate;

28.2.3 The professional degree, if applicable, and experience required for each position; and

28.2.4 The language skill, if applicable, for all Personnel.

28.3 Where authorized by law, and in a manner consistent with California Government Code Section 12952, CO NTRACTOR shall require prospective Personnel to provide detailed information regarding the conviction of a crime, by any court, for offenses other than minor traffic offenses. Information discovered subsequent to the hiring or promotion of any prospective Personnel shall be cause for termination from the performance of services under this Agreement.

28.4 Where authorized by law, CONTRACTOR shall conduct, at no cost to COUNTY, a clearance on the following public websites of the names and dates of birth for all Personnel who will have direct, interactive contact with clients served through this Agreement: U.S. Department of Justice National Sex Offender Website (www.nsopw.gov) and Megan’s Law Sex Offender Registry
(www.meganslaw.ca.gov).

28.5 Where authorized by law, CONTRACTOR shall conduct, at no cost to COUNTY, a criminal record background check on all Personnel who will have direct, interactive contact with clients served through this Agreement. Background checks conducted through the California Department of Justice shall include a check of the California Central Child Abuse Index, when applicable. Candidates will satisfy background checks consistent with this Paragraph and their performance of services under this Agreement.

28.6 CONTRACTOR shall ensure that clearan ces and background checks described in Subparagraphs 28.4 and 28.5 are completed prior to CONTRACTOR’s Personnel City Council 20 – 32 3/15/2022
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providing services under this Agreement.

28.7 In the event a record is revealed through the processes described in Subparagraphs

28.4 and 28.5, COUNTY will be available to consult with CONTRACTOR on appropriateness of Personnel providing services through this Agreement.

28.8 CONTRACTOR warrants that all Personnel assigned by CONTRACTOR to provide services under this Agreement have satisfactory past work records and/or reference checks indicating their ability to perform the req uired duties and accept the kind of responsibility anticipated under this Agreement. CONTRACTOR shall maintain records of background investigations and reference checks undertaken and coordinated by CONTRACTOR for Personnel assigned to provide services under this Agreement, for a minimum of five (5) years from the date of final payment under this Agreement, or until all pending COUNTY, State, and federal audits are completed, whichever is later, in compliance with all applicable laws.

28.9 CONTRACTOR shall imme diately notify ADMINISTRATOR concerning the arrest and/or subsequent conviction, for offenses, other than minor traffic offenses, of any Personnel performing services under this Agreement, when such information becomes known to CONTRACTOR. ADMINISTRATOR may determine whether such Personnel may continue to provide services under this Agreement and shall provide notice of such determination to CONTRACTOR in writing.

CONTRACTOR’s failure to comply with ADMINISTRATOR’s decision shall be deemed a material breach of this Agreement, pursuant to Paragraph 19 above.

28.10 COUNTY has the right to approve or disapprove all of CONTRACTOR’s Personnel performing work hereunder, and any proposed changes in CONTRACTOR’s Personnel.

28.11 COUNTY shall have the right to require CONTRACTOR to remove any Personnel from the performance of services under this Agreement. At the request of COUNTY, CONTRACTOR shall immediately replace said Personnel.

28.12 CONTRACTOR shall notify COUNTY immediately when Personnel is terminated City Council 20 – 33 3/15/2022
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for cause from working on this Agreement.

28.13 Disqualification, if any, of CONTRACTOR Personnel, pursuant to this Paragraph 28 shall not relieve CONTRACTOR of its obligation to complete all work in accordance with the terms and conditions of this Agreement.

29. CHILD AND DEPENDENT ADULT/ELDER ABUSE REPORTING
CONTRACTOR shall establish a procedure acceptable t o ADMINISTRATOR to ensure that all employees, agents, subcontractors, and all other individuals performing services under this Agreement report child abuse or neglect to one of the agencies specified in Penal Code Section 11165.9 and dependent adult or eld er abuse as defined in Section 15610.07 of the WIC to one of the agencies specified in WIC Section 15630.

CONTRACTOR shall require such employees, agents, subcontractors, and all other individuals performing services under this Agreement to sign a stateme nt acknowledging the child abuse reporting requirements set forth in Sections 11166 and 11166.05 of the Penal Code and the dependent adult and elder abuse reporting requirements, as set forth in Section 15630 of the WIC, and shall comply with the provisions of these code sections, as they now exist or as they may hereafter be amended.

30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW
CONTRACTOR shall notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Orange County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafe.ca.gov for printing purposes. The information shall be posted in all reception areas where clients are served.

31. CONFIDENTIALITY

31.1 CONTRACTOR agrees to maintain the confidentiality of its records pursuant to WIC Sections 827 and 10850 -10853, the CDSS MPP, Division 19 -000, and all other provisions of law, and regulations promulgated thereunder relating to privacy and confidentiality, as each may now exist or be hereafter amended.

31.2 All records and information concerning any and a ll persons referred to CONTRACTOR by COUNTY or COUNTY’s designee shall be considered and City Council 20 – 34 3/15/2022
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kept confidential by CONTRACTOR and CONTRACTOR’s employees, agents, subcontractors, and all other individuals performing services under this Agreement.

CONTRACTOR shall require all of its employees, agents, subcontractors, and all other individuals performing services under this Agreement to sign an agreement with CONTRACTOR before commencing the provision of any such services, agreeing to maintain confidentiality pursuant to State and federal law and the terms of this Agreement.

31.3 CONTRACTOR shall inform all of its employees, agents, subcontractors, and all other individuals performing services under this Agreement of this provision and that any person violating the provisi ons of said California state law may be guilty of a crime.

31.4 CONTRACTOR agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this Agreement.

32. SECURITY

32.1 Security Requirements

32.1.1 CONTRACTOR agrees to maintain the confidentiality of all COUNTY and COUNTY-related records and information pursuant to all st atutory laws relating to privacy and confidentiality that currently exists or exists at any time during the term of this Agreement. CONTRACTOR represents and warrants that it has implemented and will maintain during the term of this Agreement administrati ve, physical, and technical safeguards to reasonably protect private and confidential client information, to protect against anticipated threats to the security or integrity of COUNTY data, and to protect against unauthorized physical or electronic access to or use of COUNTY data. Such safeguards and controls shall include at a minimum:

Storage of confidential paper files that ensures records are secured, handled, transported, and destroyed in a manner that prevents unauthorized access.

Control of access t o physical and electronic records to ensure City Council 20 – 35 3/15/2022
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COUNTY data is accessed only by individuals with a need to know for the delivery of contract services.

Control to prevent unauthorized access and to prevent
CONTRACTOR employees from providing COUNTY data to
unauthorized individuals.

Firewall protection.

Use of encryption methods of electronic COUNTY data while in transit from CONTRACTOR networks to external networks,
when applicable.

Measures to securely store all COUNTY data, including, but not be limited to, e ncryption at rest and multiple levels of authentication and measures to ensure COUNTY data shall not be altered or corrupted without COUNTY's prior written consent.

CONTRACTOR further represents and warrants that it has
implemented and will maintain during the term of this Agreement administrative, technical, and physical safeguards and controls consistent with State and federal security requirements.

32.2 Security Breach Notification

32.2.1 CONTRACTOR shall have policies and procedures in place for the effective mana gement of Security Breaches, as defined below. In the event of any actual, attempted, suspected, threatened, or reasonably foreseeable circumstance CONTRACTOR experiences or learns of that either compromises or could reasonably be expected to comprise COUNTY data through unauthorized use, disclosure, or acquisition of COUNTY data (“Security Breach”), CONTRACTOR shall immediately notify COUNTY of its discovery. After such notification, CONTRACTOR shall, at its own expense, immediately:

Investigate to deter mine the nature and extent of the Security Breach.

Contain the incident by taking necessary action, including, but not limited to, attempting to recover records, revoking access, City Council 20 – 36 3/15/2022
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and/or correcting weaknesses in security.

Report to COUNTY the nature of the Security Breach, the COUNTY data used or disclosed, the person who made the
unauthorized use or received the unauthorized disclosure, what CONTRACTOR has done or will do to mitigate any harmful
effect of the unauthorized use or disclosure, and the correcti ve action CONTRACTOR has taken or will take to prevent future similar unauthorized use or disclosure.

32.2.2 The COUNTY, at its sole discretion and on a case -by-case basis, will determine what actions are necessary in response to the Security Breach and who will perform these actions. Actions may include, but are not limited to: notifications; investigation and remediation costs, including notification of all whose personal information was disclosed; outside investigation; forensics; counsel; crisis management; an d credit monitoring. In the event COUNTY determines CONTRACTOR will conduct additional action(s), CONTRACTOR shall bear the costs. In the event COUNTY conducts additional actions(s) arising out of or in connection with a Security Breach, CONTRACTOR shall reimburse COUNTY for costs associated to legally required actions.

32.3 Privacy and Confidentiality

32.3.1 CONTRACTOR may use or disclose Personally Identifiable Information (PII) only as permitted in this Agreement and only to assist in the administration of services in accordance with Title 45 CFR Section 205.50et seq. and WIC Section 10850 or as authorized or required by law.

Disclosures required by law or that are made with the explicit written authorization of the client are allowable. Any other use or disclosur e of PII requires the express approval in writing of CDSS. CONTRACTOR shall not duplicate, disseminate or disclose PII except as allowed in this Agreement.

32.3.2 Access, disclosure or use of PII in a manner or for a purpose not authorized by this Agreement may be subject to civil and criminal sanctions contained City Council 20 – 37 3/15/2022
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in applicable federal and State statutes.

32.3.3 CONTRACTOR shall advise personnel who have access to PII, of the confidentiality of the information, the safeguards required to protect the information, and the c ivil and criminal sanctions for non -compliance contained in applicable federal and State laws.

33. COPYRIGHT ACCESS
The U.S. Department of Health and Human Services, the CDSS, and COUNTY will have a royalty-free, nonexclusive, and irrevocable license to publis h, translate, or use, now and hereafter, all material developed under this Agreement, including those covered by copyright.

34. WAIVER
No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof, or of any other covenant, condition, or agreement herein contained.

35. SERVICES DURING EMERGENCY AND/OR DISASTER

35.1 CONTRACTOR acknowledges that service usage may surge during or after an emergency or disaster. For purposes of this Agreement, an emergency is defined as a sudden, urgent, usually unexpected occurrence or event requiring immediate action to protect the he alth and well -being of COUNTY residents. A disaster is defined as an occurrence that has resulted in property damage, deaths, and/or injuries to a community. Emergencies and/or disasters as described above may require resources or support beyond the loc al government’s capability and will typically involve a proclamation of a local emergency by the local governing body (e.g., city council, county board of supervisors, or state) and may be declared at the federal level by the President of the United States.

35.2 CONTRACTOR agrees to collaborate with COUNTY, on an urgent basis, to adjust service delivery in a manner that assists COUNTY in meeting the needs of clients COUNTY identifies as being impacted by emergencies and/or disasters. Time City Council 20 – 38 3/15/2022
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limited adjustments m ay include, but are not limited to: providing services at different location(s), assigning staff to work days or hours beyond typical work schedules or that may exceed contracted Full Time Equivalents (FTEs), reassigning staff to an assignment in which their experience or skill is needed, and prioritizing services for staff as requested by COUNTY.

35.3 CONTRACTOR shall service COUNTY during emergencies and/or declared disaster under the same terms and conditions that apply during non - emergency/disaster conditio ns. With the exception of overtime hours which require pre-authorization, reimbursement of ordinary expenditures provided during or after an emergency/disaster shall be calculated by the same rates that apply during non -emergency/disaster conditions. Additionally, any costs to continue services to clients during an emergency and/or disaster shall be incurred by the Contractor. These costs may include, but are not limited to: Personal Protective Equipment or other supplies necessary to conduct business dur ing an emergency and/or disaster.

36. PUBLICITY, LITERATURE, ADVERTISEMENTS AND SOCIAL MEDIA

36.1 COUNTY owns all rights to the name, logos, and symbols of COUNTY. The use and/or reproduction of COUNTY's name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without COUNTY's prior written consent is expressly prohibited.

36.2 CONTRACTOR may develop and publish information related to this Agreement where all of the following conditions are satisfied:

36.2.1 ADMINISTRATOR provides its written approval of the content and publication of the information at least thirty (30) days prior to CONTRACTOR publishing the information, unless a different timeframe for approval is agreed upon by the ADMINISTRATOR;

36.2.2 Unless directed otherwise by ADMINISTRATOR, the information includes a statement that the program, wholly or in part, is funded through County, State, and Federal Government funds;
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36.2.3 The information does not give the appearance that the COUNTY, its officers, employees, or agencies endorse:

Any commercial product or service; and
Any product or service provided by CONTRACTOR, unless
approved in writing by ADMINISTRATOR; and

36.2.4 If CONTRACTOR uses social media (such as Facebook, Twitter, YouTube, or other pub licly available social media sites) to publish information related to this Agreement, CONTRACTOR shall develop social media policies and procedures and have them available to the ADMINISTRATOR. CONTRACTOR shall comply with COUNTY
Social Media Use Policy an d Procedures as they pertain to any social media developed in support of the services described within this Agreement. The policy is available on the Internet at
http://www.ocgov.com/gov/ceo/cio/govpolicies.

37. REPORTS

37.1 CONTRACTOR shall provide information deemed necessary by ADMINISTRATOR to complete any State-required reports related to the services provided under this Agreement.

37.2 CONTRACTOR shall maintain records and submit reports containing such d ata and information regarding the performance of CONTRACTOR’s services, costs, or other data relating to this Agreement, as may be requested by ADMINISTRATOR, upon a form approved by ADMINISTRATOR.

ADMINISTRATOR may modify the provisions of this Paragraph upon written notice to CONTRACTOR.

38. ENERGY EFFICIENCY STANDARDS
As applicable, CONTRACTOR shall comply with the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 24, CCR).

39. ENVIRONMENTAL PROTECTION STANDARDS
CONTRACTOR shall be in compliance with the Clean Air Act (Title 42 USC Section 7401 et seq.), the Clean Water Act (Title 33 USC Section 1251 et seq.), Executive Order 11738 and Environmental Protection Agency, hereinafter referred to as “EPA,” City Council 20 – 40 3/15/2022
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regulations (Title 40 CFR), as any may now exist or be hereafter amended. Under these laws and regulations, CONTRACTOR assures that:

39.1 No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities;

39.2 It will notify COUNTY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and

39.3 It will notify COUNTY and EPA about any known violation of the above laws and regulations.

40. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE

CERTAIN FEDERAL TRANSACTIONS

40.1 CONTRACTOR shall be in compliance with Section 319 of Public Law 101-121 pursuant to Section 1352, Title 31, U.S. Code . Under these laws and regulations, it is mutually understood that any contract which utilizes federal monies in excess of $100,000 must contain and CONTRACTOR must certify compliance utilizing a form provided by ADMINISTRATOR that includes the text below in Subparagraphs 40.1.1 - 40.1.1.4.

40.1.1 The undersigned certifies to the best of his or her knowledge and belief that:

No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

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If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL “Disclosure Form to Report Lobbying,” in accordance with its instructions.

The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants loans and cooperative agreements) and that subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31 U.S. Code . Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

41. POLITICAL ACTIVITY
CONTRACTOR agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate, or political activity, except as permitted by law.

42. TERMINATION PROVISIONS

42.1 ADMINISTRATOR may terminate this Agreement without penalty, immediately with cause or after thirty (30) days written notice without cause, unless otherwise specified. Notice shall be deemed served on the date of mailing. Cause shall include, but not be limited, to any breach of contract, any partial misrepresentation whether negligent or willful, fraud on the part of CONTRACTOR, discontinuance of the services for reasons within CONTRACTOR’s reasonable control, and City Council 20 – 42 3/15/2022
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repeated or continued violations of COUNTY ordinances unrelated to performance under this Agreement that, in the r easonable opinion of COUNTY, indicate a willful or reckless disregard for COUNTY laws and regulations. Exercise by ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of all further obligations under this Agreement.

42.2 For ninety (90) calendar days prior to the expiration date of this Agreement, or upon notice of termination of this Agreement (“Transition Period”), CONTRACTOR agrees to cooperate with ADMINISTRATOR in the orderly transfer of service responsibilities, case records, and pertinent documents. The Transition Period may be modified as agreed upon in writing by the parties. During the Transition Period, service and data access shall continue to be made available to COUNTY without alteration. CONTRACTOR also shall assist COUNTY in extracting and/or transitioning all data in the format determined by COUNTY.

42.3 In the event of termination of this Agreement, cessation of business by CONTRACTOR, or any other event preventing CONTRACTOR from continuing to provide services, CONTRACTOR s hall not withhold the COUNTY data or refuse for any reason, to promptly provide to COUNTY the COUNTY data if requested to do so on such media as reasonably requested by COUNTY, even if COUNTY is then or is alleged to be in breach of this Agreement.

42.4 The ob ligations of COUNTY under this Agreement are contingent upon the availability of federal and/or State funds, as applicable, for the reimbursement of CONTRACTOR’s expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the Orange County Board of Supervisors each fiscal year this Agreement remains in effect or operation. In the event that such funding is terminated or reduced, ADMINISTRATOR may immediately terminate this Agreement, reduce COUNTY’s maximum funding obligation, or modify this Agreement, without penalty. The decision of ADMINISTRATOR shall be binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately City Council 20 – 43 3/15/2022
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comply with ADMINISTRATOR’s decision.

42.5 If any term, covenant, condition, or provision of this Agreement or the application thereof is held invalid, void, or unenforceable, the remainder of the provisions in this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.

43. COOPERATIVE AGREEMENT

43.1 The provisions and pricing of this Agreement will be extended to other California local or state governmental entities. Governmental entities wishing to use this Agreement will be resp onsible for issuing their own purchase documents/price agreements, providing for their own acceptance, and making any subsequent payments. CONTRACTOR shall be required to include in any Contract entered into with another agency or entity that is entered i nto as an extension of this Agreement a contract clause that will hold harmless the County of Orange from all claims, demands, actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any way connected with the use of this Agreement. Failure to do so will be considered a material breach of this Agreement and grounds for immediate contract termination. The cooperative entities are responsible for obtaining all certificates of insurance and bonds required. CONTRACTOR is responsible for providing each cooperative entity a copy of the Agreement upon request by the cooperative entity. The County of Orange makes no guarantee of usage by other users of this Agreement.

43.2 The CONTRACTOR shall be required to maintain a list of the cooperative entities using this Agreement. The list shall report dollar volumes spent annually and shall be provided on an annual basis to the COUNTY, at the COUNTY’s request.

44. GOVERNING LAW AND VENUE
This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California, without reference to conflict of law provisions. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the City Council 20 – 44 3/15/2022
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jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394.

Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county.

45. SIGNATURE IN COUNTERPARTS

45.1 The parties agree that separate copies of this Agreement may be signed by each of the parties, and this Agreement will have the same force and effect as if the original had been signed by all the parties.

45.2 CONTRACTOR represents and warrants that the person executing this Agreement on behalf of and for CONTRACTOR is an authorized agent who has actual authority to bind CONTRACTOR to each and every term, condition and obligation of this Agreement and that all requirements of CONTRACTOR have been fulfilled to provide such actual authority.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the date set forth opposite their signatures. If Contractor is a corporation, Contractor shall provide two signatures as follows: 1) the first signature must be either the Chairman of the Board, the President, or any Vice President; 2) the second signature must be that of the Secretary, an Assistant Secretary, the Chief Financial Officer, or any Assistant Treasurer. In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution or by -laws demonstrating the legal authority of the signature to bind the company.

Contractor: City of Santa Ana

__________________________________ __________________________________ Kristine Ridge City Manager

__________________________________ __________________________________ Signature Date

__________________________________ __________________________________ Daisy Gomez Clerk of the Council

__________________________________ __________________________________ Signature Date

APPROVED AS TO FORM

CITY ATTORNEY

CITY OF SANTA ANA

__________________________________ __________________________________ Sonia R. Carvalho City Attorney

__________________________________ __________________________________ Signature Date

County of Orange, a political subdivision of the State of California

Purchasing Agent/Designee Authorized Signature:

__________________________________ __________________________________ Desiree Mor Administrative Manager I

__________________________________ __________________________________ Signature Date

for
March 1, 2022
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APPROVED AS TO FORM

COUNTY COUNSEL

COUNTY OF ORANGE, CALIFORNIA

__________________________________ __________________________________ Carolyn S. Frost Senior Deputy County Counsel

__________________________________ __________________________________ Signature Date

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ATTACHMENT A

SCOPE OF WORK

FOR THE PROVISION OF VOCATIONAL TRAINING

AND WORK EXPERIENCE SERVICES

1. POPULATION TO BE SERVED

1.1 CONTRACTOR shall provide Vocational Training (VTR) and Work Experience (WEX) Services to Participants referred by ADMINISTRATOR. The population to be served, as defined in this Paragraph, shall hereinafter be referred to as “PARTICIPANT/PARTICIPANTS.” PARTICIPANT S include individuals determined by ADMINISTRATOR as eligible to receive VTR and/or WEX Services and may include, but is not limited to, individuals who are required to participate in, or who have voluntarily enrolled in the CalWORKs Welfare -to- Work (CW/WTW) program. CONTRACTOR sha ll provide VTR and WEX Services to assist PARTICIPANTS in achieving self-sufficiency by enhancing the employability of PARTICIPANTS through engagement in employment preparatory activities and employment.

1.2 PARTICIPANTS referred to VTR and/or WEX Services will meet criteria of prevailing State statutes and program regulations, as required by ADMINISTRATOR.

2. DEFINITIONS

2.1 America’s Job Center of California (AJCC): AJCC is a one-stop shop for workforce services, providing a comprehensive range of no -cost employment and training services for employers and job seekers. The AJCC is a network of local, state, private, and public organizations offering a variety of services which brings employers with job openings and qualified job seekers together at no cost.

2.2 CalWORKs: California Work Opportunity and Responsibility to Kids Act of 1997 as described in California WIC Section 11200 et seq. CalWORKs is a program administered by County Welfare Departments and provides cash assistance, case management, job servic es, job training, and supportive services to assist City Council 20 – 48 3/15/2022
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CalWORKs recipients in overcoming barriers to obtaining and/or maintaining stable employment, with the goal of achieving economic self-sufficiency.

2.3 CalJOBS: California’s online resource to help job seekers and employers navigate the State’s workforce services.

2.4 Employment Readiness Assessment (ERA): An evaluation of employability and the need for support services considering work history, employment skills, knowledge and abilities, education, educatio nal competency level, local labor market conditions, physical limitations, or mental conditions.

2.5 Vocational Training (VTR): VTR is a temporary, transitional, and short -term training activity, not to exceed twelve (12) months, to prepare PARTICIPANTS for employment in a specific trade, occupation, or vocation . VTR may be extended upon prior approval from ADMINISTRATOR.

2.6 Work Experience (WEX): WEX is a paid structured training experience in which PARTICIPANTS’ employers are partially or fully reimbursed fo r wages and/or training costs through a government subsidy. PARTICIPANTS are placed in public, non-profit, or private sectors for an initial period of six (6) months, with the option of two (2) three -month extensions, for up to a maximum of twelve (12) months. At the end of the training period, it is generally expected that the employers will hire PARTICIPANTS as regular employees.

2.7 Workforce Development Board (WDB): WDBs are part of the Public Workforce System, a network of federal, state, and local offic es that support economic expansion and develop the talent of the nation’s workforce. The local WDBs’ role is to develop regional strategic plans and set funding priorities for their area.

2.8 Workforce Investment Act (WIA)/Workforce Innovation and Opportunity Act (WIOA): The federal WIA of 1998 provides the framework for a national workforce preparation and employment system. Title I of WIA authorizes and funds several employment and training programs in California. Workforce investment activities authorized by WIA/WIOA are provided at the local level via local Workforce Development Boards (WDB), to PARTICIPANTS in need of City Council 20 – 49 3/15/2022
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those services. The WIA/WIOA's primary purpose is to provide workforce investment activities that increase the employment, retention, earn ings, and increase occupational skill attainment by PARTICIPANTS.

3. OUTCOME OBJECTIVES

3.1 CONTRACTOR shall meet the following annual performance goals for VTR:

3.1.1 Seventy-five percent (75%) of enrolled PARTICIPANTS shall be placed in a training program within fourteen (14) calendar days of receipt of the referral.

3.1.2 Sixty percent (60%) of PARTICIPANTS will obtain unsubsidized employment within thirty (30) days of completing VTR program.

CONTRACTOR and ADMINISTRATOR may mutually agree to extend to sixty (60) days when certification is delayed or if there is documentation of no fault of CONTRACTOR or pending employment due to hiring process.

3.2 CONTRACTOR shall meet the following annual performance goals for WEX:

3.2.1 Seventy-five percent (75%) of enrolled PARTICIPA NTS shall be placed in worksites within fourteen (14) calendar days of receipt of the referral.

3.2.2 Seventy percent ( 70%) of exiting PARTICIPANTS will obtain unsubsidized employment within thirty (30) days of completing WEX placement.

4. HOURS OF OPERATION

4.1 CONTRACTOR shall provide services during hours that are responsive to the needs of the population(s) to be served as determined by ADMINISTRATOR. At a minimum, CONTRACTOR shall provide services Monday through Friday, from 8:00 a.m. to 5:00 p.m., except COUNTY h olidays as established by the Orange County Board of Supervisors. However, CONTRACTOR is encouraged to provide the contracted services on holidays, whenever possible.

4.2 CONTRACTOR’s holiday schedule shall not exceed COUNTY’s holiday schedule which is as fol lows: New Year’s Day, Martin Luther King Jr. Day, President Lincoln’s Birthday, Presidents’ Day, Memorial Day, Independence Day, Labor City Council 20 – 50 3/15/2022
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Day, Columbus Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving Day and Christmas Day. CONTRACTOR shall obtain prior written approval from ADMINISTRATOR for any closure outside of COUNTY’s holiday schedule and the hours listed in Subparagraph 4.1 of this Attachment A. Any unauthorized closure shall be deemed a material breach of this Agreement, pursuant to Paragraph 19, and shall not be reimbursed.

5. GENERAL REQUIREMENTS
CONTRACTOR shall:

5.1 Assign staff who will work closely with each PARTICIPANT and utilize the Employment Readiness Assessment (ERA) provided by ADMINISTRATOR to understand the PARTICIPANT’S needs, assess career goals, arrange an appropriate VTR assignment or WEX placement based on the employment goal indicated on the referral.

5.2 Ensure that all services funded under this Agreement are coordinated with other available services in the community (such as WIOA) and do not constitute unnecessary duplication of services.

5.3 Provide VTR and WEX services to PARTICIPANTS to meet the required participation hours indicated on the referral. The hourly participation requirements are subject to change, according to State and federal mandates.

5.4 Assess all referred PARTICIPANTS to initiate enrollment or return invalid referrals to ADMINISTRATOR within two (2) business days.

5.5 CONTRACTOR shall provide an orientation within three (3) business days to PARTICIPANTS which includes providing information on program goals and objectives; overview of VTR or WEX program; PARTICIPANT’S rights and responsibilities; and Termination Policy and Grievance Policy.

5.6 Monitor and communicate with ADMINISTRATOR regarding all PARTICIPANT attendance and participation.

5.7 Utilize workshops, one-on-one training, intensive case management, and coaching City Council 20 – 51 3/15/2022
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to assist the PARTICIPANT in finding, obtaining, and retaining employment.

5.8 Obtain prior approval from ADMINISTRATOR for changes related to the administration of VTR and WEX activities provided under this Agreement.

5.9 Notify ADMINISTRATOR within two (2) business days of any updates related to the PARTICIPANT’S status within the VTR and/or WEX program including, but not limited to: completion of program, securing of employment, and inability to contact the PARTICIPANT after a minimum of three (3) documented attempts within five (5) business days. Attempted contacts will include, but no t limited to, phone/cell calls, email, and text messages.

5.10 Collaborate with ADMINISTRATOR to help PARTICIPANTS overcome socio - economic, societal, and cultural barriers to employment including, but not limited to, food, transportation, housing, legal assista nce, clothing need, and resistance to pursuing employment in occupations that may be perceived as nontraditional.

5.11 Monitor the attendance and progress of all PARTICIPANTS by meeting with the PARTICIPANT every two (2) weeks, or more often if needed, and work directly with the placement supervisor and the training facility to discuss action steps needed to successfully complete the program.

5.12 Identify and resolve PARTICIPANT barriers toward seeking, obtaining, and keeping employment, including, but not limited to, fear of going to work, anger and resentment from being required to participate in VTR or WEX, low self - esteem/motivation, problems with accessing and navigating public transportation, and child care concerns.

5.13 Refer PARTICIPANTS to ADMINISTRATOR for assi stance with employment support services, such as food, transportation, housing, mental health and substance use issues, legal assistance, and clothing.

5.14 Develop and provide placements in public or private, non -profit or for -profit organizations, in areas id entified as growth oriented, current or emerging occupations, meeting an unmet community need, and in high demand for VTR and City Council 20 – 52 3/15/2022
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WEX services leading to employment that is anticipated to be permanent.

5.15 Attend meetings as requested by ADMINISTRATOR and other contracted service providers, including Family Support Team meetings.

5.16 Cooperate with ADMINISTRATOR with respect to sanctions applied by ADMINISTRATOR to PARTICIPANT in the event of PARTICIPANT non - cooperation. This may include testifying at PARTICIPANT non -compliance hearings.

5.17 Provide any internal forms that will be used in service delivery, but which are not mandated by ADMINISTRATOR, or by program requirements, for review and approval by ADMINISTRATOR prior to implementation.

5.18 Maintain a case file for each PARTICIPANT served under this Agreement in a format approved by ADMINISTRATOR.

5.19 Ensure that all services provided to PARTICIPANTS under this Agreement are conducted in a manner responsive to literacy, language, and socio -cultural issues that may impact PARTICIPANTS.

5.19.1 CONTRACTOR’s staff shall be trained in cultural differences to ensure their ability to recognize and assist PARTICIPANTS who demonstrate language or cultural barriers to employment, including resistance to participation in VTR and WEX activities.

5.20 CONTRACTOR shall employ staff who will provide services in the PARTICIPANTS language or obtain interpreters when necessary.

5.21 It is mutually understood that VTR and/or WEX activities shall be provided at a variety of facilities/work sites through out Orange County, as defined by CONTRACTOR.

6. SERVICE REQUIREMENTS

6.1 Vocational Training (VTR)
CONTRACTOR shall:

6.1.1 Refer PARTICIPANTS to vocational -technical/trade schools, or postsecondary public and/or private institutions.

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6.1.2 Provide VTR activities, not to exceed twelve (12) months, to prepare PARTICIPANTS for employment in a specific trade, occupation, or vocation. VTR may be extended upon prior approval from ADMINISTRATOR.

6.1.3 Enroll PARTICIPANTS in a VTR program meeting the required participation hours as referred by ADMINISTRATOR within fourteen (14) calendar days of the referral, unless otherwise directed by ADMINISTRATOR.

6.1.4 Work directly with ADMINISTRATOR to identify barriers to participation, prior to returning the referral to ADMI NISTRATOR if the PARTICIPANT is not placed in a VTR program after fourteen (14) calendar days of the referral.

6.1.5 Provide VTR programs to PARTICIPANTS in areas identified as growth oriented, current or emerging occupations, meeting an unmet community need, and in high demand for new employees.

6.1.6 Utilize accredited vocational training providers that are approved by WIOA, listed in CalJOBS.

6.1.7 Collaborate with PARTICIPANTS and vocational program coordinator to develop comprehensive training plans with specific and me asurable vocational goals.

6.1.8 Assist PARTICIPANTS upon completion of the VTR program with their job search including, but not limited to, resume preparation, referrals to jobs that are listed by employers with Employment Development Department’s (EDD) CalJOBS , local newspaper want ads, other career resources, and/or opportunities developed by CONTRACTOR.

6.2 Work Experience (WEX)
CONTRACTOR shall:

6.2.1 Provide WEX placements that meet the required participation hours as referred by ADMINISTRATOR within fourteen (14) calendar days of the referral. WEX placements are anticipated to lead to unsubsidized employment at the end of the PARTICIPANTS’ WEX assignments.

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6.2.2 Obtain prior approval from ADMINISTRATOR to extend participation in WEX. Participation shall be extended no more than twice in three-month increments for up to a maximum of twelve (12) months in the PARTICIPANTS’ CalWORKs lifetime (including the first six [6] months), if funding for subsidized employment continues to be available, and the PARTICIPANT:

Will be more likely to obtain unsubsidized employment with the additional training and/or experience gained through the extension; and
Will obtain specific skills and experience relevant for unsubsidized employment in a particular field.

6.2.3 Work directly with ADMINISTRAT OR to identify barriers to participation, prior to returning the referral to ADMINISTRATOR if the PARTICIPANT is not placed at a worksite after fourteen (14) calendar days from the date of the referral.

6.2.4 Develop comprehensive employment plans with specific and measurable training goals.

6.2.5 Assume the role of employer of record and ensure that all PARTICIPANTS are covered by Workers Compensation as determined by the California Department of Social Services.

6.2.6 Ensure PARTICIPANTS will earn at least the State minimu m wage for each hour worked up to thirty percent (30%) above the State minimum wage. For an hourly wage that is more than thirty percent (30%) above the State minimum wage, CONTRACTOR shall provide documentation or data from credible source on prevailing wage for the position to receive ADMINISTRATOR approval.

6.2.7 Not provide overtime pay for PARTICIPANTS without prior approval from ADMINISTRATOR.

6.2.8 Be reimbursed by ADMINISTRATOR for one hundred percent (100%) of the salary and benefits paid to each PARTICIPANT.

6.2.9 Assume all payroll responsibilities for PARTICIPANTS, such as City Council 20 – 55 3/15/2022
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reviewing and approving timesheets, distributing paychecks on a bi - weekly basis, processing payroll, ensuring proper payment, providing direct deposit, establishing emergency protocols to ensure all PARTICIPANTS are paid as scheduled, and providing for the final check of the fiscal year to cover worked hours up to June 30 th of each contract year.

6.2.10 Collaborate with WEX worksites to help ensure that the worksite will offer unsubsidized employment to the WEX PARTICIPANT.

CONTRACTOR shall continuously assess WEX worksites
history of offering unsubsidized employment to
PARTICIPANTS at the end of the placement.

CONTRACTOR shall collaborate with ADMINISTRATOR to
determine utilization of the worksite for future placements.

6.2.11 Upon PARTICIPANTS’ completion of the WEX program, CONTRACTOR shall assist PARTICIPANTS during their job search including, but not limited to, res ume and interview preparation, referrals to jobs that are listed by employers with EDD ’s CalJOBS, other career resources, and/or those developed by CONTRACTOR.

6.3 Additional Responsibilities

6.3.1 Job Retention Incentive Services
Provide a monetary voucher in an am ount determined by
ADMINISTRATOR, to PARTICIPANTS who complete the
WEX subsidized placements, and obtain unsubsidized
employment within thirty (30) days of completion.

CONTRACTOR must verify unsubsidized employment prior to issuing the incentive vouchers.

Alternative incentives must be reviewed and approved by ADMINISTRATOR.

6.3.2 Computer Information System(s)
CONTRACTOR shall use the computer information system(s) provided by ADMINISTRATOR for viewing electronic data as City Council 20 – 56 3/15/2022
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required by ADMINISTRATOR. CONTRACTOR sh all ensure
that CONTRACTOR’s staff understand s the uses of the
computer information system(s) and will follow the related procedures as evidenced by supervisory reviews and case audits.

CONTRACTOR shall inform ADMINISTRATOR within two
(2) business days of any employment terminations or new hires in order for ADMINISTRATOR’s Information Technology
Services to take appropriate action.

6.3.3 America’s Job Center of California (AJCC)
CONTRACTOR shall assist PARTICIPANTS with access to the AJCC where PARTICIPANTS can access a wide variety of
resources including labor market information and job vacancy listings, full access to computers with internet connectivity, telephones, faxes, and copy machines.

6.3.4 Welfare Fraud
If CalWORKs eligibility or Supportive Services payment fraud is suspected, CONTRACTOR staff shall inform
ADMINISTRATOR within two (2) business days of awareness of any suspected fraud.

7. PERFORMANCE MONITORING AND REVIEW

7.1 CONTRACTOR’s performance will be monitored and reviewed by ADMINISTRATOR. CONTRACTOR shall cooperate and assist
ADMINISTRATOR in monitoring performance. ADMINISTRATOR will conduct case reviews as part of an on -going evaluation of CONTRACTOR’s performance.

7.2 ADMINISTRATOR may use a variety of inspection methods to evaluate CONTRACTOR’s performance, including but not limited to:

7.2.1 Random sampling of program activities including a review of case files ;

7.2.2 Activity checklists and random observations;

7.2.3 Inspect output items on a periodic basis as deemed necessary;

7.2.4 Monthly statistical reports;
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7.2.5 PARTICIPANTS’ complaints and/or PARTICIPANTS’ questionnaires ; and

7.2.6 Complaints received by CONTRACTOR.

7.3 ADMINISTRATOR may require corrective action plans when it is determined that services are performed unsatisfactorily during the review period. CONTRACTOR shall remedy the performance defects within the time period specified in the corrective action plan. Nothing in this section shall limit the COUNTY’s ability to terminate this Agreement pursuant to Paragraph 42.

7.4 Performance evaluation meetings will be conducted by ADMINISTRATOR as necessary.

8. QUALITY ASSURANCE/QUALITY CONTROL

8.1 CONTRACTOR shall establish and utilize a comprehensive Quality Control Plan, on a format approved by ADMINISTRATOR, to monitor the level of program service and quality. The Quality Control Plan will be effective on contract start date and will be updated and resubmitted to ADMINISTRATOR for approval when changes occur. The Quality Control Plan will include, but not be limited to, the following:

8.1.1 The method for ensuring the services, deliverables, and requirements defined in the agreement are being provided at or above the level of quality per this Agreement.

8.1.2 The method for assuring the staff rendering services under this Agreement has the necessary qualifications.

8.1.3 Activities to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform the inspections.

8.1.4 The method of identifying and preventing deficiencies in the quality of service as defined by ADMINISTRATOR; and

8.1.5 The method for providing ADMINISTRATOR with a copy of CONTRACTOR’s case reviews, a clear description of, and corrective action taken, to resolve identified problems.

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8.2 CONTRACTOR shall cooperate with any third -party audit or inspections as required by ADMINISTRATOR or other COUNTY, State or federal agency.

9. MEETINGS
CONTRACTOR shall:

9.1 Attend monthly meetings and occasionally conduct staff tour/site visits, as requested by ADMINISTRATOR. Upon mutual agreement of CONTRACTOR and ADMINISTRATOR, CONTRACTOR may attend meetings remotely.

CONTRACTOR shall consult with ADMIN ISTRATOR regarding specific cases, be available to answer questions, and provide additional information as needed.

9.2 As requested by ADMINISTRATOR, attend meetings with COUNTY’s contracted service providers and community partners, including Client Intervention Meetings.

9.3 Participate in Performance/Outcomes evaluation meetings as requested by ADMINISTRATOR.

9.4 Attend training(s) and/or meetings, as determined by ADMINISTRATOR, and provide CONTRACTOR’s staff with ongoing training and assistance to ensure that contract deliverables are met.

10. FACILITIES

10.1 It is mutually understood that PARTICIPANTS will be referred to CONTRACTOR at the following facility:

Santa Ana WORK Center
801 Civic Center Dr., Suite 200
Santa Ana, CA 92701

10.2 CONTRACTOR and ADMINISTRATOR may mutually agree in writing as to the facility(ies) and location(s) where services shall be provided without changing COUNTY’s maximum obligation.

11. REPORTING REQUIREMENTS
CONTRACTOR shall:

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11.1 Comply with data verification requirements per ADMINISTRATOR.

11.2 Immediately implement and adhere to future policy revisions and changes or enhancements in procedures and processes pertaining to submission and reporting requirements.

11.3 Use the most current templates provided by ADMINISTRATOR.

11.4 Implement a quality control process to ensure integrity of data submitted, review and approve all reports submitted to ADMINISTRATOR.

11.5 Provide by the tenth (10th) calendar day of each month, a status report for the preceding month, in a format approved by ADMINISTRATOR. Status reports shall include, but are not limited to, the following:

11.5.1 Total number of referrals received from ADMINISTRATOR and referral outcomes.

11.5.2 Caseload movement: total number of PARTICIPANTS enrolled, participating, exiting, and completing job placements or programs.

11.5.3 Total number of referrals returned to ADMINISTRATOR prior to placement.

11.5.4 List of PARTICIPANTS who obtained unsubsidized employment within forty-five (45) calendar days of completing the activity, or otherwise agreed timeline requested by ADMINISTRATOR.

11.5.5 Updated information on the activity status of the referrals and PARTICIPANT attendance issues.

11.5.6 List of issued incentive vouchers including PARTICIPANT name, issuance date, and any related information requested by ADMINISTRATOR.

11.6 Provide monthly PARTICIPANT attendance and progress reports including achievements and the number of participation/work hours to ADMINISTRATOR, as applicable, by the tenth (10th) calendar day of the following month.

11.7 Maintain a record of all WEX worksites who have served PARTICIPANTS and include the percentage of PARTICIPANTS who were offered unsubsidized City Council 20 – 60 3/15/2022
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employment at the end of the placement. CONTRACTOR shall provide this record to ADMINISTRATOR upon request.

11.8 Participate in the evaluation of services through distribution and collection of customer satisfaction surveys as determined by ADMINISTRATOR. Survey results, along with any corrective action(s) with respect to survey findings or trends, shall be provided to ADMINISTRATOR upon request.

11.9 Maintain a monthly Complaint Log documenting PARTICIPANTS’ complaints and CONTRACTOR’s response. The Complaint Log shall be submitted to ADMINISTRATOR by the tenth (10th) calendar day of each month. Any incidents involving harassment or injury must be reported to ADMINISTRATOR within one (1) business day of the incident.

11.10 Maintain an organizational chart along with corresponding job descriptions for every classification funded under this Agreement. CONTRACTOR shall provide an updated organizational chart along with job descriptions to ADMINISTRATOR by July 1, 2022.

11.10.1 Should any organizational or staffing arrangements change during the term of the Agreement, CONTRACTOR shall submit a revised organizational chart to ADMINISTRATOR within two (2) business days; or upon request by ADMINISTRATOR.

11.11 Provide additional reports as requested by ADMINISTRATOR.

12. BUDGET

12.1 The annual budget for services provided pursuant to Attachment A of this Agreement is set forth as follows:

Budget Period July 1 – June 30

TOTAL STAFFING & EMPLOYEE BENEFITS(1) (2) (3) (4) $278,630

TOTAL PARTICIPANT COSTS $488,964

TOTAL OPERATING
EXPENSES(5) $71,370

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TOTAL INDIRECT
COSTS(6) (12.2%) $21,900

MAXIMUM ANNUAL COUNTY OBLIGATION $838,964

MAXIMUM CONTRACT OBLIGATION $2,516,892

(1) Position Types are classified as “D” for Direct or “A” for Administrative. Direct services positions include staff who are integral to service delivery and may include staff who provide direct face -to-face service to clients and/or staff who supervise/manage direct service personnel. Administrative positions include staff that support service delivery and whose activities and functions can be directly allocated to the program.
(2) For hourly employees, Full-Time Equivalent (FTE) is defined as the amount of time (stated as a percentage) the position will be providing services under the terms of this Agreement. This percentage is based upon a 40-hour work week. For salaried employees, FTE is defined as the amount of time (stated as a percentage) the position will be paid for under the terms of this Agreement, regardless of the number of hours actually worked.
(3) Maximum hourly rate which will be permitted during the term of this Agreement; employees may be paid at less than maximum hourly rate. (4) Employee Benefits include contributions to 401k or retirement plans; health insurance; dental insurance; life insurance; long -term disability insurance; payroll taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and Workers’ Compensation Tax, based on the currently prevailing rates; and expense for accrued vacation time payout, for a separated employee, limited to the actual vacation time accrued during the fiscal year in which the expense is claimed, minus the actual vacation time used by the employee during said fiscal year. The overall benefit rate shall not exceed fifty-five percent (55%) of the actual salary expense claimed.

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(5) Operating expenses shall include expenses incurred for communications, rent, office supplies, rental city equipment, accident repair/replacement, gas/diesel, IT maintenance, delivery, and insurance.
(6) Indirect costs includes administrative costs not directly charged to the program, including accounting, payroll, purchasing, legal audit, and oversig ht functions .

Indirect costs reflect twelve percent (12 .2%) of staff salaries (not including benefits). In the event the indirect cost rate is reduced, the reduction shall be afforded to ADMINISTRATOR and the budget amended accordingly.

CONTRACTOR shall provide notification to ADMINISTRATOR of any changes in the rate.

12.2 Expenses for extra pay, including but not limited to, overtime, stipends, bonuses, staff incentives, severance pay, etc. shall not be eligible for reimbursement under this Agreement unless a uthorized in writing by ADMINISTRATOR. Such authorization shall be considered as an exception and may be approved, on a case- by-case basis, at the sole discretion of ADMINISTRATOR.

12.3 CONTRACTOR and ADMINISTRATOR may agree, subject to advance written notice, to add, delete or modify line items and/or amounts and/or the number and type of FTE positions without changing COUNTY’s maximum funding obligation as stated in Subparagraph 20.1 of this Agreement or reducing the level of service to be provided by CONTRACTOR. Further, in accordance with Subparagraph 42.4 of this Agreement, in the event ADMINISTRATOR reduces the maximum funding obligation as stated in Subparagraph 20.1, CONTRACTOR and ADMINISTRATOR may mutually agree in writing to proportionately reduce the service goals as set forth in this Attachment. Failure to obtain advance written approval for any proposed Budget Modification Request may result in disallowance of reimbursement for those costs.

12.4 In the event the budget shown in Subparagraph 12 of this Attachment is modified, the modified budget shall remain in effect for the remainder of the contra ct term, unless superseded by subsequent budget modification(s) that have been approved in writing by ADMINISTRATOR. For example, if Budget Modification #1 is City Council 20 – 63 3/15/2022
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approved on August 15, 2021, the modified budget will remain in effect until Budget Modification #2 is requested and approved in writing. The annual budget beginning on July 1st of each Agreement year shall be identical to the most recently modified annual budget.

13. STAFFING REQUIREMENTS
CONTRACTOR shall:

13.1 Employ staff with experience in placing PARTICIPANTS in an environment that facilitates the development of the English language for PARTICIPANTS with a limited English vocabulary.

13.2 Employ staff who are able to read, write, speak, and understand English.

13.3 Provide bilingual staff or translation serv ices to serve all PARTICIPANTS who speak Spanish, Vietnamese or Farsi.

13.3.1 The ratio of bilingual staff shall be consistent with and proportional to the target population, as determined by ADMINISTRATOR.

13.3.2 Translation services shall be provided for all other languages as needed to ensure all PARTICIPANTS are provided services in the language they speak.

13.4 CONTRACTOR shall comply with all COUNTY, State, and federal regulations regarding Limited English Proficiency.

13.5 CONTRACTOR shall provide the following described staff positions continuously throughout the term of the Agreement:

Position Position
Type(1) FTE(2) Maximum Hourly
Rate(3)
Workforce Specialist II D 2.00 $41.13
Econ Dev. Specialist III D 0.02 $72.17
Sr. Accounting Assistant A 0.03 $39.06
Account Clerk I A 0.05 $19.50
Management Analyst A 0.03 $40.26
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(1) Position Types are classified as “D” for Direct or “A” for Administrative.

Direct services positions include staff who are integral to service delivery and may include staff who provide direct face -to-face service to clients and/or staff who supervise/manage direct service personnel. Administrative positions include staff that support service delivery and whose activities and functions can be directly allocated to the program.
(2) For hourly employees, Full-Time Equivalent (FTE) is defined as the amount of time (stated as a percentage) the position will be providing services under the terms of this Agreement. This percentage is based upon a 40-hour work week. For salaried employees, FTE is defined as the amount of time (stated as a percentage) the position will be paid for under the terms of this Agreement, regardless of the number of hours actually worked.
(3) Maximum hourly rate which will be permitted during the term of this Agreement; employees may be paid at less than maximum hourly rate.

13.5.1 Workforce Specialist II (SA WDB Case Manager)
Duties:

Manage caseload, advise PARTICIPANTS of career and training opportunities, develop PARTICIPANT employment plan s, and is responsible for PARTICIPANT outcomes.

Oversee P ARTICIPANT job search activities and program
enrollments, identifies and develops job opportunities
appropriate for PARTICIPANTS.

Market services to employers and PARTICIPANTS, conduct
employment/job sector workshops, give presentations and prepare informational materials, and maintain contacts within the business community to provide employers with qualified
candidates.

Monitor employment rate/employee retention rate and customer satisfaction rate and develops plans for improvement.

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Monitor eligibility and program f iles to ensure compliance with federal and State regulations, including CW/WTW regulations; perform site visits, and maintain detailed records and reports.

Collect and compile data to generate detailed technical reports, articles, and other publications regarding the WDB to the public.

Organize and implement WDB sponsored events and appl y
principles of quality of service in all activities.

Qualifications:

A minimum one (1) year of workforce development program experience, or any combination of college lev el coursework in psychology, sociology, counseling, human services, business administration, accounting, public administration, workforce development program experience equivalent to one (1) year which provides the desirable knowledge, skills, and abilities.

Knowledge of federal and State regulations pertaining to workforce development programs, interviewing techniques and methods of determining program eligibility, employment market, agencies providing resources, and methods of case management, data collections, and monitoring.

Ability to understand, interpret, and implement federal and State regulations; organize and effectively manage a heavy and varied caseload to meet program performance standards; coordinate and conduct meetings; make public presentati ons; communicate clearly and concisely; and keep detailed and accurate records.

13.5.2 Economic Development Specialist III
Duties:

Direct, coordinate, monitor and evaluate economic development programs.

Conduct economic research, analyses, market feasibility stud ies concerning the CONTRACTOR’s business base and other
related research.

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Analyze financial requirement of businesses interested in financial assistance and design s and implements a business retention program.

Prepare applications for grants and oversee ap proved grant programs.

Plan and direct marketing efforts, including media relations, print materials and advertising.

Establish and maintain communications and coordinate activities with organizations to promote and facilitate economic
development.

Coordinate the Division budget and supervises subordinate-level employees.

Qualifications:

A minimum of three (3) years of experience in local government or private economic development programs, one year of which must be as program manager or project leader, or a Bachelor’s degree from an accredited college or university with
specialization in economics, business or public administration, commercial finance may be used, or any combination of
education in economics, business or public administration, commercial finance, training and experience equivalent to three (3) years experience which provide the knowledge, skills and abilities of the job.

13.5.3 Senior Accounting Assistant
Duties:

Prepare and maintain financial and accounting records by gathering, assembling, tabul ating, comparing, verifying, and posting financial and statistical data.

Prepare or verif y and process bills, invoices, and similar documents.

Post and balance cash books, ledgers, subsidiary journals, and City Council 20 – 67 3/15/2022
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other financial and accounting records.

Reconcile accounts to general ledgers and prepare routing reports and statements.

Analyze and prepare reports of encumbrances and expenditures for department programs.

Perform cost research and cost recovery analysis.

Receive money and maintain records of receipts, files of invoices and other financial transaction documents.

Qualifications:

A minimum of two (2) years of experience pe rforming
responsible accounting, financial, statistical or other specialized office clerical work supplemented by courses in accounting, finance, business, office practices, or related coursework; or a combination of two (2) years of training and experienc e, or courses in accounting, finance, business and office practices which provides the knowledge, skills and abilities in accounting methods and government budgeting.

Knowledge of bookkeeping principles and practices, fund accounting and governmental accounting methods.

Ability to keep bookkeeping accounts and prepare financial statements and make arithmetic calculations.

13.5.4 Account Clerk I
Duties:

Perform a variety of routine clerical work involved in receiving, distributing and maintaining financial and stat istical records, receiving and disbursing cash.

Gather, assemble, tabulate, check, and post financial and statistical data.

Maintain simple accounts, post entries from supporting
documents and records, including verifications of invoices with supporting documents.

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Accept payments and fees as well as ensure prompt payment for CONTRACTOR’s purchases.

Qualifications:

High School diploma, General Equivalency Diploma (GED), or equivalent certification, and experience in performing financial, statistical or other clerical work.

Knowledge of modern office practices and procedures.

Knowledge of methods of handling, receipting, and maintaining records of money received.

Skill in making arithmetic computations; filing; maintaining office records; the operation of offi ce equipment, including ten- key adding machines, calculators, and personal computers.

13.5.5 Management Analyst
Duties:

Perform administrative duties, including development of the budget, to ensure efficient and effective internal systems operations.

Qualifications:

Two years of responsible governmental administrative
experience and education equivalent to graduation from a four - year college or university with specialization in political science, public or business administration or closely related fie ld; or any equivalent combination of education, training and experience.

14. TRAINING

14.1 CONTRACTOR’s staff shall attend any trainings, conferences, and meetings as required by ADMINISTRATOR.

14.2 CONTRACTOR shall provide CONTRACTOR’s staff with ongoing training and assistance to ensure that service deliverables are met.

14.3 CONTRACTOR shall ensure that CONTRACTOR’s staff receives cultural City Council 20 – 69 3/15/2022
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awareness and responsiveness training.

14.4 CONTRACTOR shall maintain a log of in -house training activities for CONTRACTOR’s staff. This log shall be made available to ADMINISTRATOR, upon request.

14.5 COUNTY will provide initial training to CONTRACTOR staff on CW/WTW regulations and other procedures per ADMINISTRATOR. CONTRACTOR shall conduct training(s) to new staff and refresher trainings yearly.

14.6 It will be CONTRACTOR’s sole responsibility to ensure that CONTRACTOR’s staff understand and correctly implement the requirements when providing CW/WTW services to PARTICIPANTS.

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ATTACHMENT B
SOCIAL SERVICES AGENCY POLICY AND PROCEDDURE I 6: INFORMATION

TECHNOLOGY SECURITY AND USAGE

I. PURPOSE
To protect the integrity of the Social Services Agency’s (SSA) information technology infrastructure, ensure its availability, reliability, accessibility, and prevent unauthorized disclosure of Confidential Information, including Personally Identifiable Information.

Additionally, this policy defines required responsibilities for all users of the SSA information technology infrastructure and supplements the Information Technology Security Policy (ITSP), County of Orange.

II. DEFINITIONS
Confidential Information is defined as information that must be protected from unauthorized disclosure or public release. Examples of Confidential Information include, but are not limited, to the following:

1. Client case records

2. Employment records

3. Payroll and other financial information

4. Other sensitive or business related information that is not intended for wide distribution Personally Identifiable Information (PII) is information that can be used, alone or in conjunction with any other information, to identify a specific individual. PII includes any information that can be used to search for or identify individuals, or can be used to access their files. Examples of PII may include, but are not limited to: name, SSN, Social Security benefit data, date of birth, official State or government issued driver's license or identification number. PII is a subset of Confidential Information.

SSA workforce members include full-time, part-time and extra-help County of Orange SSA employees, contracted staff, interns, volunteers, and all other authorized individuals with access to SSA’s information technology infrastructure.

III. POLICY
SSA workforce members shall adhere to applicable SSA, County of Orange (including the ITSP, County of Orange-Attachment A), State (including the State of California Welfare and City Council 20 – 71 3/15/2022

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Institutions Code 10850), and Federal regulations relating to information technology security, privacy, and confidentiality of information as each may now exist or be herein after amended.

Unless within the scope of job responsibility, any violation of this policy is subject to immediate revocation of user's access to SSA network and associated applications. SSA workforce members may be subject to disciplinary action including suspension, termination, civil, and/or criminal prosecution. Causes for disciplinary action may include, but are not limited, to the following activities:

1. Use of E -mail and all other forms of electronic communication, Internet browsing, or computers, tablets, smart phone and all other electronic devices for any of the following:

a. Harassing others using offensive, obscene and/or vulgar language; or threatening others, including creating messages containing sexual or racial overtones or slurs, and/or messages disparaging of others based on race, sex, age, national origin, sexual orientation, marital status and/or other personal characteristics protected under federal, state or local laws.

b. Disrupting or interfering with County operations or job responsibilities.

c. Misrepresenting facts to the detriment of SSA.

2. Unauthorized access to County or other non-County computer networks and/or applications.

3. Failure to protect Confidential Information from unauthorized disclosure.

4. Unauthorized disclosure of Confidential Information.

5. Unauthorized software installation(s) on SSA computer systems.

6. Unauthorized access, attempt to access or to encourage others to access County, State, Federal or other computer systems and networks that are not directly within the current scope of employee’s job responsibilities.

All SSA workforce members shall do the following:

1. Keep their user IDs and passwords confidential and secured at all times. Should a password be compromised, it shall be changed immediately, and the supervisor shall be notified.

2. Restrict user ID usage only for currently assigned SSA job duties and responsibilities.

3. Use County resources, such as data and information, for County business objectives only. Use of these resources for private or personal gain is prohibited and may be subject to administrative, civil, and criminal penalties (California Penal Code Section 502).

4. Protect Confidential Information of clients to prevent unauthorized disclosure. Only the minimum amount of Confidential Information necessary for business operations should be City Council 20 – 72 3/15/2022

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copied, downloaded, exported or stored on any electronic device or in paper format. Any compromise of Confidential and/or Personably Identifiable Information shall be immediately reported to the supervisor.

5. Request software installations on SSA computers, laptops, tablets and other dev ices from an authorized agent of the SSA Information Technology team. DO NOT INSTALL ANY software/application into County SSA devices.

6. Seek permission from SSA Information Technology team prior to copying a County -owned software/application.

7. Use of any Co unty electronic communication systems is for business use only; any personal use shall not disrupt or interfere with County operations or job responsibilities.

IV. PROCEDURE
A. The following steps shall be undertaken to ensure that the above policy is enforced to all SSA County employees. Prior to a new employee gaining access to Confidential Information, the SSA Human Resources (HR) representative or designee shall:

1. Provide new employees with access to the SSA I-6 Policy and Procedures document, the ITSP, County of Orange (Attachment I) and the County of Orange Information Technology Usage Policy ( Attachment II) with instructions for the new employee to read and sign the SSA Information Technology Security and Usage Agreement ( Attachment III). Upon the new employee’s signing of SSA Information Technology Usage Agreement form, the HR representative or designee shall counter-sign the completed form.

2. Have the new employee read and sign the Orange County Social Services Agency Confidentiality of Client Information (Attachment IV).

3. Confirm that the new employee complete the review of the SSA Information Security Rules of the Road ( Attachment V) located in the Training section of the SSA Intranet at http://ocssa/intranet/sites/default/files/Files/administrative/content/I....

4. File the signed SSA Information Technology Usage Agreement ( Attachment III), the signed Orange County Social Services Agency Confidentiality of Client Information (Attachment IV) and documentation of completion of SSA Information Security Rules of the Road (Attachment V) in the employee’s personnel file.

B. The supervisor of an SSA contracted employee, volunteer, i ntern, and all other non -County employees shall undertake the following steps to ensure that the above policy is enforced.

Prior to a workforce member gaining access to Confidential Information, provide them with the following documents to read:

1. Administrative Policies and Procedures Manual I -6 Information Technology Security and Usage;
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2. ITSP, County of Orange (Attachment I); and

3. County of Orange Information Technology Usage Policy (Attachment II).

The new workforce member shall document that they have read, understand and will adhere to the policies stated in the SSA I-6 policy and procedures document by signing the document titled: “Agreement to Comply with the Orange County Social Services Agency Information Technology Security and Usage Policy” (Attachment VI). This document also includes the SSA Confidentiality Agreement and serves as documentation of completion of the SSA Information Security Rules of the Road training presentation. This action must occur prior to a workforce member being provided with access to Confidential Information.

Maintain this signed “Agreement to Comply with the Orange County Social Services Agency Information Technology Security and Usage Policy” (Attachment VI) for three years after the non-County workforce member separates from SSA. If this workforce member requires access to the SSA network or databases (i.e. shared drives, CalWIN, OnBase, CWS/CMS, SSA Intranet, etc. ), a copy of the signed “Agreement to Comply with the Orange County Social Services Agency Information Technology Security and Usage Policy” (Attachment VI) shall be provided to SSA IT. Network access will not be provided until this signed document is received.

V. ATTACHMENTS
I. Information Technology Security Policy, County of Orange

II. County of Orange Information Technology Usage Policy

III. SSA Information Technology Security and Usage Agreement

IV. Orange County Social Services Agency Confidentiality of Client Information

V. Social Services Agency Information Security Rules of the Road

VI. Agreement to Comply with the Orange County Social Services Agency Information Technology Security and Usage Policy

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ATTACHMENT C
SOCIAL SERVICES AGENCY POLICY AND PROCEDURE F 21: PRIVACY AND

SECURITY INCIDENTS OF PERSONALLY IDENTIFIABLE INFORMATION (PII) AND

CONFIDENTIAL INFORMATION

I. PURPOSE

To establish a process and guidelines for Social Services Agency (SSA) to report, document and investigate privacy and security incidents of Personally Identifiable Information (PII) and confidential information.

II. POLICY

Orange County Social Services Agency (OCSSA) workforce, volunteers and contractors/vendors shall comply with all applicable Federal and State laws, regulations, policies and procedure regarding the safeguarding of PII and confidential information and incident reporting protocols.

This policy applies to all data sources and systems with any PII and other forms of confidential information that staff access in the performance of their duties via any medium including electronic, paper, and verbal.

III. DEFINTIONS
Action Officer: Person responsible for ensuring the program rectifies any issues identified with a breach. In most cases, it will be the program or regional manager.

Authorized Persons: are employees of the Agency who meet the following criteria:
· Need to access PII and other forms of confidential information in order to perform their job duties;
· Have completed all required security and confidentiality training; and · Have completed all required security certifications relevant to the data which are on file and available for review by an outside agency.

Breach: Refers to actual loss, loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized users and for other than authorized purposes have access or potential access to PII, whether electronic, paper, verbal or recorded.

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Confidential Information: Information that must be protected from unauthorized disclosure or public release. Examples of Confidential Information include but are not limited to the following: client case records, employment records, payroll and other financial information and other sensitive or business-related information that is not intended for wide distribution.

Federal Tax Information (FTI): any data extracted from an individual’s federal tax return (including attachments) that the Internal Revenue Service (IRS) provides to human services agencies under IRC §6103(l)(7). FTI is received from the following Income Earnings Verification System (IEVS) Reports:
· Annual IRS Asset Match (paper only) and
· Monthly Beneficiary Earnings Exchange Record (BEER) Match (paper only).

Lost PIIs or confidential information in any medium or format: All PII or confidential information in any medium or format that a Deputy Director or delegated SSA manager has confirmed is no longer in the physical possession or control of an Agency representative; has been electronically transmitted to an unauthorized recipient; and/or has been accessed by an unauthorized user. This does not include information that has been misplaced within the confines of secured Agency facilities.

Personally Identifiable Information (PII): Is any information about an individual maintained by an agency, including (1) any information that can be used to distinguish or trace an individual’s identity, such as name, social security number, date and place of birth, mother’s maiden name, or biometrics records; and (2) any other information that can be used alone or when combined with other personal or identifying information that is linked or linkable to an individual, such as medical, educational, financial and employment information.

Medi-Cal Personally Identifiable Information (Medi-Cal PII): Information directly obtained in the course of performing an administrative function on behalf of Medi-Cal that can be used alone, or in conjunction with any other information to identify a specific individual. Medi-Cal PII includes any information that can be used to search for or identify individuals, or can be used to access their files, such as name, social security number, date of birth, driver's license number or identification number.

Security Incident: Attempted or successful unauthorized access, use, disclosure, modification, or destruction of information that compromises the security, confidentiality or integrity of the PII.

Information may be in electronic, hardcopy, or verbal form and may consist of a single piece of information and/or an entire information system, such as hard drive, portable computer storage medium, cell phones, tablets, or laptop computer.

Social Security Administration Personally Identifiable Information: Covers PII received from the following Income Eligibility Verification System (IEVS) Reports:
· Monthly BEER Match (paper only);
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· Payment Verification System (PVS) Match (electronic only); · Integrated Earning Clearance/Fraud Detection System (IFD) Match (electronic only); · Deceased Persons Match (DPM; paper only); and
· Nationwide Prisoner Match (NPM; paper or electronic).

SSA Workforce: Refers to employees, contracted staff, volunteers, interns, trainees, and other persons whose work is under the direct control and oversight of SSA.

Unauthorized Access: A user who gains logical or physical access without permission, a business need or other lawful reason to a network, system, application, data, site or other resource.

IV. PROCEDURE

A. Detection:

1. OCSSA workforce members have the responsibility to monitor for and report any known or suspected privacy or security incidents, breaches, intrusion or unauthorized access, use, or disclosure of PII. Examples of incidents or breaches include, but are not limited to:
a. Theft/Loss of PII or FTI.
b. E-mail, texting or faxing PII to an unknown or unauthorized recipient c. Theft/Loss of unencrypted device (phones, laptops, thumb drives, etc.) containing PII.
d. Employee accessing or searching data systems containing PII without a legitimate business need.
e. Improper disposal of records containing PII, such as in a dumpster or recycle bins

2. OCSSA staff shall immediately report privacy and security incidents by following the process identified under Reporting and Resolution, with guidance from State and Federal documents located in the Reference and Attachment Sections.

B. Reporting and Resolution:

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1. Immediately upon identifying any suspected privacy or security incidents, breaches, intrusion or unauthorized access, use, or disclosure of PII, the SSA employee will immediately notify their Regional/Program Manager/Admin Management Team, with a CC to their immediate Supervisor.

2. The Regional/Program Manager, upon receiving information about the privacy or security incident, will immediately submit a Privacy Incident Report (PIR) to the Quality Support Team (QST)/Custodian of Records (COR) at
[email protected] with a CC to their Deputy Division Director, via a secure email message with the subject line “Initial PIR [secure]”. Each section of the PIR will be completed with as much information as available at the time of drafting. No PII should be included in the PIR.

3. Upon receipt of the PIR, the Quality Support Team will collaborate with the Regional/Program Manager to further identify any details necessary to better assess the incident.

4. Upon gathering this information, the Quality Support Team will then connect with the County Privacy Officer to identify next steps.

5. As determined to be required, the QST/COR shall advise the identified program point of contact (“Action Officer”) to update the PIR to include any additional information required. a. If the incident meets any of the criteria noted in the County Significant Incident/ Claim Reporting Protocol, QST/COR shall draft a report containing the basic/concise facts and submit to the Chief Deputy Director with the PIR attached for review and submission to [email protected].

6. QST/COR will serve as the Agency’s point of contact for the County Privacy Officer and will communicate all applicable steps identified by the County Privacy Officer to the Action Officer.
a. The Action Officer will be responsible for coordinating all applicable activities required to notify and rectify the privacy/security issue that was identified. i. Action Officers will be assigned and will vary depending on the program.
ii. Depending on the type of issue, the References Section provided below will provide more information on what actions are necessary to rectify the situation. Loss of Medi-Cal PII involves different steps than a loss of PII for other programs.
b. The Action Officer shall oversee the completion of the investigation of the privacy or security incident.

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c. The Action Officer shall oversee notification of individuals affected by the breach or unauthorized use/disclosure of Medi-Cal PII when notification is required.
d. The Action Officer shall engage Human Resource Services, County Counsel, Risk Management, and/or the County Executive Office as needed to determine if internal processes, such as disciplinary action, are necessary. e. At the conclusion of the investigation and completion of all required notifications and consultations regarding necessary internal processes, the Action Officer will send the completed PIR that includes all required documentation from the investigation to QST/COR at the
[email protected] with the subject line “Final PIR [secure].”

7. The County Privacy Officer will submit the final PIR to DHCS as required.

8. QST/COR will retain the final PIR for all incident types.

V. REFERENCES

Compliance of this policy shall be in accordance with the:
· For Loss of Medi-Cal PII:

State of California Department of Health Care Services Privacy and Security Agreement https://www.dhcs.ca.gov/services/medi-cal/eligibility/letters/Documents/c19-16.pdf · For Loss of all other program PII:

State of California Department of Social Services Privacy and Security Agreement https://cdss.ca.gov/Portals/9/ACL/2019/19-56E.pdf?ver=2019-07-02-071938-893 · For Loss of Federal Tax Information (FTI): State of California Health and Human Services Agency Department of Social Services (CDSS) All County Letters No. 15-56 · California SB 1386 Personal Information: Privacy
· California Civil Code 1798.29
· Children and Family Services Division (CFS Policy F -0105), C onfidentiality-CFS Client Records
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· California Department of Health Care Services Data Privacy Contact Information

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ATTACHMENT D

SOCIAL SERVICES AGENCY (SSA)

INFORMATION TECHNOLOGY SECURITY AND USAGE AGREEMENT

Declaration

I have read and agree to all provisions in the County of Orange Information Technology Security Policy, the County of Orange Information Technology Usage Policy, and the SSA Administrative Policies and Procedures Manual I 6 Information Technology Security and Usage. I will adhere to all applicable SSA, County of Orange, State of California, and Federal regulations relating to information technology security, privacy and confidentiality of information. I accept these responsibilities and agree to exercise proper care and to protect all assets while performing my duties. I understand that improper use of County resources and the disclosure of any sensitive, confidential, proprietary or Personal Identity Information (PII) to unauthorized persons during or after separation of my employment at SSA may make me liable for revocation of user privileges, discharge, and administrative, civil and/or criminal prosecution.

My signature below affirms I have read, understand and agree to the foregoing statements.

__________________ ________________________ ________________ Print Name of User Signature of User Date

Supervisor of User/Human Resources (HR) Representative:

____________________ ________________________ ________________ Print Name of Supervisor Signature of Supervisor Date or HR Representative or HR Representative

City Council 20 – 81 3/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Amend Agreement for Tree Maintenance Services

AGENDA TITLE
Amend the Agreement with West Coast Arborists, Inc. for Tree Maintenance Services, Increasing the Annual Amount by $145,000 for the Remaining Term of the Agreement (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with West Coast Arborists, Inc., for tree maintenance services, increasing the annual amount by $145,000, for a total amount not to exceed $2,164,100, for the remaining term of the agreement ending on December 31, 2022, with six one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $16,230,750, subject to non- substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Maintenance Services Division is responsible for the maintenance of approximately 50,000 parkway and street median trees, with the primary goal of preserving the integrity and health of the Santa Ana Urban Forest. Street tree pruning services have been performed by contract for over 25 years, in partnership with City staff. Performing proper and timely tree trimming extends the life cycle of the urban forest by decreasing the likelihood of limb failures, preventing safety hazards to the public and reducing the City’s liability.

On November 17, 2020, the City entered into an agreement with West Coast Arborist, Inc., (WCA), the current tree maintenance provider, in the amount of $3,028,650 for the first 18 months and $2,109,100 annually to exercise any of the six one-year renewal options. WCA has served the community's urban forest needs by pruning approximately 15,000 trees a year. They have also implemented an inventory system utilizing Global Positioning System (GPS) technology for all City street trees and prepared an inventory for the City's use. This GPS inventory has led to more efficient tree inspections and pruning, improved accuracy in record-keeping, and timely production of information relevant to service requests and liability claim investigations.

On January 18, 2022, during the General Fund First Quarter Budget Update presentation, the City Council authorized a spending plan to improve service levels for the public. As City Council 21 – 1 3/15/2022
Amend Agreement for Tree Maintenance Services
March 15, 2022

2 4
9 8
a result, the street tree maintenance services program was allocated an additional $100,000 annually beginning with Fiscal Year 2021-22. These additional funds will be utilized to prune additional trees and provide the flexibility of using WCA staff to assist with emergency response efforts during and after windstorm events.

Public Works operations that oversee the maintenance of City-owned trees on off-street properties, such as the Santa Ana Regional Transportation Center and the City Corporate Yard, have expressed an interest in securing these tree services on an as-needed basis in an amount of $45,000 annually. In total, the annual funding increase for tree maintenance services will be $145,000.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
The 12-month portion of the current agreement approved for expenditure in Fiscal Year 2021-22 is not to exceed $2,019,100. With approval of this requested amendment, the annual expenditure amount will increase by $145,000 to a total not to exceed $2,164,100.

Funding for the amended agreement is budgeted and available in the Fiscal Year 2021- 22 Council-approved budget and will be budgeted in future years in the following accounts:

Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2021-22
(Current)
Requested
Amendment
Amount
FY
2021-22
(Proposed)
01117643
62300
Public Works
Street Trees
General
Fund $1,499,100 $100,000 $1,599,100
02917635
62300
Public Works
Median
Landscaping
Special Gas
Tax Fund $200,000 - $200,000
01113250
62320
Parks
Maintenance
General
Fund $250,000 - $250,000
07413250
62320
Parks
Civic Center
General
Fund $30,000 - $30,000
01113220
62300
Parks
Zoo
General
Fund $30,000 - $30,000
06717650
62320
Public Works
SARTC
Operations
Enterprise
Fund $5,000 $20,000 $25,000
02718133
62300
CDA
Downtown
Enhancements
Enterprise
Fund $5,000 - $5,000
City Council 21 – 2 3/15/2022
Amend Agreement for Tree Maintenance Services
March 15, 2022

2 4
9 8
Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2021-22
(Current)
Requested
Amendment
Amount
FY
2021-22
(Proposed)
06017640
62300
Water Utility
Production &
Supply
Water - $12,500 $12,500
08517138
62300
City Yard
Operations City Yard - $12,500 $12,500
Total $2,019,100 $145,000 $2,164,100
Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2022-23
FY
2023-24
FY
2024-25
01117643
62300
Public Works
Street Trees
General
Fund $1,599,100 $1,599,100 $1,599,100
02917635
62300
Public Works
Median
Landscaping
Special Gas
Tax Fund $200,000 $200,000 $200,000
01113250
62320
Parks
Maintenance
General
Fund $250,000 $250,000 $250,000
07413250
62320
Parks
Civic Center
General
Fund $30,000 $30,000 $30,000
01113220
62300
Parks
Zoo
General
Fund $30,000 $30,000 $30,000
06717650
62320
Public Works
SARTC
Operations
Enterprise
Fund $25,000 $25,000 $25,000
02718133
62300
CDA
Downtown
Enhancements
Enterprise
Fund $5,000 $5,000 $5,000
06017640
62300
Water Utility
Production &
Supply
Water $12,500 $12,500 $12,500
08517138
62300
City Yard
Operations City Yard $12,500 $12,500 $12,500
Total $2,164,100 $2,164,100 $2,164,100
City Council 21 – 3 3/15/2022
Amend Agreement for Tree Maintenance Services
March 15, 2022

2 4
9 8
Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2025-26
FY
2026-27
FY
2027-28
01117643
62300
Public Works
Street Trees
General
Fund $1,599,100 $1,599,100 $1,599,100
02917635
62300
Public Works
Median
Landscaping
Special Gas
Tax Fund $200,000 $200,000 $200,000
01113250
62320
Parks
Maintenance
General
Fund $250,000 $250,000 $250,000
07413250
62320
Parks
Civic Center
General
Fund $30,000 $30,000 $30,000
01113220
62300
Parks
Zoo
General
Fund $30,000 $30,000 $30,000
06717650
62320
Public Works
SARTC
Operations
Enterprise
Fund $25,000 $25,000 $25,000
02718133
62300
CDA
Downtown
Enhancements
Enterprise
Fund $5,000 $5,000 $5,000
06017640
62300
Water Utility
Production &
Supply
Water $12,500 $12,500 $12,500
08517138
62300
City Yard
Operations City Yard $12,500 $12,500 $12,500
Total $2,164,100 $2,164,100 $2,164,100
Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2028-29
(6 Months)
01117643
62300
Public Works
Street Trees
General
Fund $799,550
02917635
62300
Public Works
Median
Landscaping
Special Gas
Tax Fund $100,000
01113250
62320
Parks
Maintenance
General
Fund $125,000
07413250
62320
Parks
Civic Center
General
Fund $15,000
01113220
62300
Parks
Zoo
General
Fund $15,000
City Council 21 – 4 3/15/2022
Amend Agreement for Tree Maintenance Services
March 15, 2022

2 4
9 8
Accounting
Unit
Account
Number
Accounting
Unit
Account
Description
Fund
Description
FY
2028-29
(6 Months)
06717650
62320
Public Works
SARTC
Operations
Enterprise
Fund $12,500
02718133
62300
CDA
Downtown
Enhancements
Enterprise
Fund $2,500
06017640
62300
Water Utility
Production &
Supply
Water $6,250
08517138
62300
City Yard
Operations City Yard $6,250
Total $1,082,050
GRAND TOTAL AMOUNT – NOT TO
EXCEED $16,230,750

EXHIBIT(S)

1. Agreement with West Coast Arborists, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 21 – 5 3/15/2022
P
age 1 of 2

FIRST AMENDMENT TO SERVICES
AGREEMENT WITH WEST COAST ARBORIST, INC.

THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15th day of March 2022, by and between West Coast Arborist, Inc. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On
November 17, 2020, the City entered into Agreement #A-2020-228 with Consultant to provide tree maintenance services.

B. In
accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to increase the annual compensation for the remainder of the term including any extension periods.

TH
E PARTIES THEREFORE AGREE:

1. S
ection 2, COMPENSATION, shall be amended to increase compensation as follows:

T
he total amount to be expended under this Agreement shall not exceed $16,230,750 during the term of this agreement, including any extension periods exercised under Section 3. The annual sum shall be increased by $145,000 for a total amount not to exceed $2,164,100 annually.

Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.

I
N WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.

A
TTEST: CITY OF SANTA ANA
______
_____________________ ________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
[
Signatures continued on the following page]
EXHIBIT 1
City Council 21 – 6 3/15/2022
P
age 2 of 2
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
______
_______________________
By: Jose Montoya
Assistant City Attorney
R
ECOMMENDED FOR APPROVAL: CONSULTANT
__________________________
_______________________________
Nabil Saba, P.E. By: Patrick Mahoney
Executive Director of Title: President
Public Works Agency
City Council 21 – 7 3/15/2022
Public Works Agency
www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Amend Agreement for Graffiti Removal Services

AGENDA TITLE
Amend the Agreement with Graffiti Protective Coatings, Inc. for Graffiti Removal Services, Increasing the Annual Amount for Fiscal Year 2021-22 by $300,000, and by $600,000 Annually for the Remaining Term of the Agreement (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Graffiti Protective Coatings, Inc. for graffiti removal services, increasing the amount for Fiscal Year 2021-22 by $300,000, for a total amount not to exceed $1,660,000, and increasing the annual amount by $600,000, for a total amount not to exceed $1,960,000 for the remaining term of the agreement ending on October 31, 2023, with five, one-year renewal options exercisable by the City Manager, for a total agreement amount not to exceed $14,979,667, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Maintenance Services Division is responsible for citywide graffiti removal from locations that are visible on and adjacent to the right-of-way, including park facilities, bike lanes, and other high-traffic areas that are prone to graffiti.

Graffiti removal services have been contracted since 2011 and provide removal at nearly 135,000 sites annually, with an average response time of 48 hours or less.

On July 21, 2020, the City entered into a three-year agreement with Graffiti Protective Coatings, Inc. (GPC), the current graffiti removal provider, in an amount not to exceed $1,360,000 annually, with the option to grant up to five one-year renewals. GPC has provided exceptional graffiti removal services for the City since 2014, removing graffiti from approximately 135,000 sites annually, of which 100,000 removals are proactive and 35,000 are in response to public service requests.

On January 18, 2022, during the General Fund First Quarter Budget Update presentation, the City Council authorized a spending plan to increase service levels to the public. As a result, the graffiti removal services program was allocated an additional $300,000 for Fiscal Year 2021-22 and $600,000 in future funding on an on-going, yearly basis. The funds will be used to add three technicians to support the current team of six that services City Council 22 – 1 3/15/2022
Amend Agreement with Graffiti Protective Coatings, Inc.

March 15, 2022

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the entire city. The additional technicians will assist in maintaining a rapid response time (48 hours average) and address graffiti issues in high-foot-traffic areas, such as the railroad properties, arterials, bike trails and other high-visibility areas.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
The annual expenditures approved in the current agreement are not to exceed $1,360,000 annually. With approval of the requested amendment, the annual expenditure amount will increase by $300,000 in Fiscal Year 2021-22, and $600,000 annually for the remaining year of the three-year agreement and for any of the five renewal options that may be exercised, for a maximum not-to-exceed amount of $14,979,667. Funding for this agreement is budgeted and available in the Fiscal Year 2021-22 City Council- approved budget and will be budgeted in future years in the following accounts:

Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit –
Account Description Amount

CURRENT ANNUAL AMOUNT
2021-22 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$1,360,000

REQUESTED AMENDMENT AMOUNT
2021-22 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$300,000
ADJUSTED SUBTOTAL $1,660,000

REMAINING TERMS
2022-23 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$1,960,000
2023-24 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$1,960,000
2024-25 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$1,960,000
2025-26 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$1,960,000
2026-27 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$1,960,000
City Council 22 – 2 3/15/2022
Amend Agreement with Graffiti Protective Coatings, Inc.

March 15, 2022

2 4
9 9
Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit –
Account Description Amount
2027-28 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$1,960,000
2028-29 01117642-62300 General Fund
Graffiti Abatement
Program, Contract-
Services Professional
$653,333
Total $14,073,000

EXHIBIT(S)

1. Agreement with Graffiti Protective Coatings, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 22 – 3 3/15/2022

FIRST AMENDMENT TO SERVICES

AGREEMENT WITH GRAFFITI PROTECTIVE COATINGS
THIS FIRST AMENDMENT TO AGREEMENT is entered into this 15th day of March 2022, by and between Graffiti Protective Coatings ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City").

RECITALS
A. On July 21, 2020, the City entered into Agreement #A-2020-155 with Consultant to provide graffiti removal services.

B. In accordance with the terms and conditions of the Agreement, the parties desire to amend the Agreement to increase the annual compensation for the remainder of the term including any extension periods.

THE PARTIES THEREFORE AGREE:

1. Section 2, COMPENSATION, shall be amended to increase compensation as follows:

The total amount to be expended under this Agreement shall not exceed $14,979,667 during the term of this agreement, including any extension periods exercised under Section 3. The sum for fiscal year 2021-22 shall be increased by $300,000 for a total amount not to exceed $1,660,000 for that fiscal year. The sum for the remaining term including any extension periods shall be increased annually by $600,000 for a total amount not to exceed $1,960,000 annually.

Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect.

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.

ATTEST:

Daisy Gomez
Clerk of the Council

CITY OF SANTA ANA
Kristine Ridge
City Manager
[Signatures continued on the following page]

EXHIBIT 1
City Council 22 – 4 3/15/2022
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By: Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Nabil Saba, P.E.

Executive Director of
Public Works Agency
-----------· -- ---- ----- ------ ---

City Council 22 – 5 3/15/2022
Library
www.santa-ana.org/library
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Building Forward: Library Infrastructure Grant Resolution AGENDA TITLE:

Resolution Authorizing the Submission of the Building Forward: Library Infrastructure Grant Application to the California State Library, and if Awarded, Acceptance and Execution of the Grant Funds for Library Critical Maintenance, Life Safety, and Infrastructure Needs

RECOMMENDED ACTION
Adopt a resolution authorizing the submission of a Building Forward: Library Infrastructure Grant Application for library critical maintenance, life safety, and infrastructure needs; and if awarded, approval to accept funds, implement the awarded project; and designate Library Services Director Brian Sternberg as the Authorized Representative to enter into the grant agreement.

DISCUSSION
On February 8, 2022, the California State Library announced it was accepting applications for its Building Forward: Library Infrastructure Grant Program for more than $400 million in one-time funding to address critical maintenance needs and public safety improvements at public libraries. The maximum grant per library facility is $10 million. The grant application deadline is March 21, 2022.

The Library Services Department requests submitting a grant application for the Main Library for the maximum amount allowable of $10 million. If awarded, the grant funds would supplement the $7 million in Revive Santa Ana funding received in Fiscal Year 2021-22 for the Main Library Transformation Project, along with any future Revive Santa Ana funding allocated in Fiscal Year 2022-23. The grant offers an opportunity to provide additional funding to upgrade the Main Library, while restoring its original character and strengthening its link to Santa Ana’s history. This funding would cover significant costs related to the building’s structural elements and mechanical systems and free up Revive Santa Ana funding to create innovative, multigenerational learning and play spaces throughout the building.

City Council 23 – 1 3/15/2022
Building Forward: Library Infrastructure Grant Resolution March 15, 2022

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The grant request would focus on critical maintenance and public safety projects, such as the following:
Replacement of fire detection, alarm, and sprinkler systems Restoration of a crumbling marble façade
Restoration of windows
ADA improvements, including restrooms, elevators, and stairwells Replacement of an antiquated HVAC system
Replacement/upgrade of electrical and plumbing systems The grant prioritizes funding for local libraries in high-poverty areas. While a dollar-for- dollar match is required, applicants may request a reduction of the match based upon their Local Operating Income Per Capital (LIPC) level. The City of Santa Ana’s LIPC level is $15 or less, which qualifies the City for the potential elimination of the entire match requirement.

The City’s LIPC level as well as the overall project timeframe help add to the City’s competitive advantage. The Library and Public Works have already completed the public bidding process for architectural and engineering services for the overall Main Library Transformation Project. An agreement with the selected firm will be brought to the Council for approval in the coming weeks.

Currently, the tentative project timeline is as follows:
Award Design Contract – March 2022
Complete Design/Construction Documents – January 2023
Public Bidding for Construction Services – February 2023 Award Construction Contract – May 2023
Complete Construction – May 2025
Grant Closeout – August 2025
If awarded, grant funds must be fully expended by March 31, 2026. The tentative schedule meets the deadline and allows cushion for any unexpected occurrences.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action. If awarded the grant, staff will return to the City Council for approval of the grant agreement and to recognize and appropriate the grant funds.

EXHIBIT(S)

1. Resolution
Submitted By: Brian Sternberg, Executive Director of Library Services City Council 23 – 2 3/15/2022
Building Forward: Library Infrastructure Grant Resolution March 15, 2022

2 4
8 4
Approved By: Kristine Ridge, City Manager
City Council 23 – 3 3/15/2022

brs 2.23.22
Resolution No. 2022-XXX

RESOLUTION NO. 2022-XXX

A RESOLUTON OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA AUTHORIZING THE GRANT

APPLICATION, ACCEPTANCE, AND EXECUTION

OF THE GRANT FUNDS FROM THE STATE OF
CALIFORNIA BUDGET ACT OF 2021 (SB 129)

WHEREAS, the Legislature and Gove rnor of the State of California have provided funds for the program shown above; and

WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and

WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and

WHEREAS, the City of Santa Ana , if selected, will enter into an agreement with the State of California to carry out the project described below; and

WHEREAS, the City of Santa Ana proposes to implement the Main Library Transformation project; and

WHEREAS, the City of Santa Ana has the legal authority and is authorized to enter into a funding agreement with the State of California; and

WHEREAS, the City of Santa Ana intends to apply for grant funding from the California State Library for the Main Library Transformation project.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:

A. Pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the Executive Director of Library Services, or his or her designee, is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take such other actions necessary or appropriate to obtain grant funding.

City Council 23 – 4 3/15/2022

brs 2.23.22
Resolution No. 2022-XXX

B. The Executive Director of Library Services, or his or her designee, is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

C. The Executive Director of Library Services, or his or her designee, is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

D. The City certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained.

Section 2. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.

ADOPTED this ____day of March, 2022

_______________________
Vicente Sarmiento
Mayor

APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

By:_________________________
Brandon Salvatierra
Deputy City Attorney

AYES: Councilmembers ________________________________________

NOES: Councilmembers _______________________________________

ABSTAIN: Councilmembers _______________________________________

NOT PRESENT: Councilmembers _______________________________________

City Council 23 – 5 3/15/2022

brs 2.23.22
Resolution No. 2022-XXX

CERTIFICATE OF ATTESTATION AND ORIRGINALITY

I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2022-______ to be the original resolution adopted by the City Council of the City of Santa Ana on March 15, 2022.

Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana

City Council 23 – 6 3/15/2022
Clerk of the Council Office
www.santa-ana.org/cc
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 15, 2022
TOPIC: Assembly Bill 361
AGENDA TITLE:

Consider Approving the Continued Use of Teleconferencing for Meetings of City Council and All Boards, Committees, and Commissions Pursuant to the Provisions of Assembly Bill 361

RECOMMENDED ACTION
Adopt a resolution to consider continuing the use of teleconferencing for City Council, board, committee, and commission meetings pursuant to the provisions of Assembly Bill 361 for the next 30 days.

DISCUSSION
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Brown Act in order to allow legislative bodies to conduct their meetings completely telephonically or by other electronic means. City Council meetings have been conducted by Zoom with councilmembers and staff all joining from remote locations when necessary.

The suspension of certain provisions of the Brown Act was further extended by Governor Newsom on June 11, 2021 by the issuance of Executive Order N-08-21 which continued to allow completely virtual City Council (and other legislative body) meetings. This order stayed in effect until September 30, 2021.

In response, AB 361 was signed into effect by Governor Newsom on September 16, 2021.

It amends the Brown Act to allow legislative bodies to meet virtually, provided there is a state of emergency, and either (1) state or local officials have imposed or recommended measures to promote social distancing, or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees.

The City of Santa Ana’s current practices with respect to live public comment via Zoom already satisfy all of the new requirements in AB 361. Additionally, the individual City Council 24 – 1 3/15/2022
Assembly Bill 361
March 15, 2022

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legislative bodies can make their own findings for the AB 361 telecommuting resolution for future meetings. Determinations to continue to utilize remote meetings as allowed by AB 361 must be re-visited by the legislative body every 30 days with the support of new findings. Staff recommends this extension period to act as a helpful transitional stage for boards, committees, and commissions who still currently meet virtually.

Most recently on February 15, 2022, the City Council adopted Resolution No. 2022-015, making the required findings under AB 361 in order to allow the City to continue to offer teleconference accessibility for public meetings after September 30, 2021, to help mitigate the spread of COVID-19. The attached resolution (Exhibit 1) declares additional findings to allow for the continued use of teleconferencing for City Council, board, commission, and committee meetings pursuant to AB 361.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
There is no fiscal impact associated with this action.

EXHIBIT(S)

1. Resolution
Submitted By: Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
City Council 24 – 2 3/15/2022
Resolution 2022-XXX

RESOLUTION 2022-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA, CALIFORNIA AUTHORIZING THE USE OF
REMOTE TELECONFERENCING PROVISIONS (AB 361)

WHEREAS, the Ralph M. Brown Act (Government Code section 54950 et seq.) generally requires local agencies meeting via teleconference , including through other virtual or electronic means, to, among other things, provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, Assembly Bill 361 (AB 361) amends Government Code section 54953 to allow local agencies to meet fully virtually, without fully adhering to the rules otherwise applicable to teleconferencing, during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and WHEREAS, the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act, and this proclaimed state of emergency currently remains in effect; and
WHEREAS, the City Council of the City of Santa Ana declared a local emergency on March 17, 2020 pursuant to Santa Ana Municipal Code section 2-404A (now section 2-646A); and
WHEREAS, in order to continue teleconferencing pursuant to the provisions of AB 361, the City Council is required to make certain findings every thirty (30) days; and WHEREAS, the Ci ty Counc il of the City of Santa Ana , consistent with those provisions, approved Resolutions 2021-055, 2021-66, 2021-072, 2022-004, and 2022 - 015 authorizing the use of remote teleconferencing provisions pursuant to AB 361; and WHEREAS, the City Council of the City of Santa Ana has reconsidered the circumstances of the state of emergency; and
WHEREAS, state and local officials continue to recommend measures to promote social distancing to prevent the spread of COVID-19; and WHEREAS, the continuation of remote teleconferencing will allow for full participation by members of the public and the members of the City legislative bodies until social distancing recommendations are lifted; and
WHEREAS, the City Council of the City of Santa Ana desires to continue to utilize remote teleconferencing pursuant to AB 361 and Government Code section 54953(e).

City Council 24 – 3 3/15/2022
Resolution 2022-XXX