Agenda packet — Santa Ana City Council, April 19, 2022 (part 1 of 7)

City Council Meeting Packet
April 19, 2022
CLOSED SESSION MEETING – 5:00 PM
REGULAR OPEN MEETING – 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Vicente Sarmiento
Mayor
Thai Viet Phan
Councilmember – Ward 1
David Penaloza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
Nelida Mendoza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Daisy Gomez
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • EihdddiltQlitti
City Council 1 4/19/2022
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/citymeetings.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda or on matters which are not on the agenda, but are within the subject matter jurisdiction of the City Council may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’sphonenumberorZoomIDandunmutesthemthecallermustpress*6or City Council 2 4/19/2022
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. The City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel.

MAILING OPTION written communications – Public comments may be mailed to:

LIVE VIRTUAL OPTION – Members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 9009128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) general agenda item, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Face coverings are strongly recommended for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 5:00 p.m. for Closed Session items and by 6:00 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m.

Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.

City Council 3 4/19/2022
of the presiding chair.

The following designated public comment periods are:

Speakers who are not in the speaker queue by 5:00 p.m. will not be permitted to speak.

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO 6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan
Mayor Pro Tem Phil Bacerra
Mayor Vicente Sarmiento
City Manager Kristine Ridge
City Attorney Sonia R. Carvalho
Clerk of the Council Daisy Gomez
ROLL CALL
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code City Council 4 4/19/2022
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Pursuant to Government Code Section 54957
Title: Clerk of the Council, City Attorney and City Manager

2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Negotiators: Human Resources Executive Director, Jason Motsick Employee Organizations:

Santa Ana Police Officers Association (POA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.

2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.

3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.

City Council 5 4/19/2022
City business.

RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Sarmiento
WORDS OF INSPIRATION Bob Barnett, Police Chaplain
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Sarmiento declaring April 2022 as Autism Awareness Month.

2. Certificate of Recognition presented by Mayor Pro Tem Bacerra to Roger Eyes, Crisselle Mendiola, and Fernando Olivares for Outstanding Contributions to the Community.

3. Certificate of Recognition presented by Councilmember Hernandez to the Orange County School of the Arts Ambassador Jazz Orchestra for Outstanding Contributions to the Community.

4. Proclamation presented by Councilmember Lopez to Southern Coalition for Occupational Safety & Health declaring April 28, 2022 as Workers’ Memorial Day.

5. Certificate of Recognition presented by Councilmember Mendoza to Micaela Andrade for her Outstanding Contributions to the Community.

6. Proclamation presented by Councilmember Phan to the Vietnamese Heritage Museum declaring April 30, 2022 as Black April.

STAFF PRESENTATIONS

7. COVID19 Update in the Community
CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.

8. Excused Absences
Department(s): Clerk of the Council Office
City Council 6 4/19/2022
CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 26.

8. Excused Absences
Department(s): Clerk of the Council Office
Recommended Action: Excuse the absent members.

9. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS2958 First reading at the April 5, 2022 City Council meeting and approved by a vote of 70.

Published in the Orange County Reporter on April 8, 2022.

Department(s): Clerk of the Council Office
Recommended Action: 1. Place ordinance on second reading and adopt.

2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.

10. Adopt Ordinance No. NSXXXX ZONING ORDINANCE AMENDMENT NO. 202103 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE HOUSING OPPORTUNITY ORDINANCE
First reading at the April 5, 2022 City Council meeting and approved by a vote of 52 (Bacerra and Penaloza dissented).

Published in the Orange County Reporter on April 8, 2022.

Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.

11. Approve Destruction of Obsolete City Records
Department(s): Community Development Agency
Recommended Action: Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013014.

12. Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Twoyear Term with Three OneYear Renewal Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney. $
City Council 7 4/19/2022
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Options (Specification No. 22061) (General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three oneyear renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney.

13. Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22 014) (NonGeneral Fund)
Department(s): Information Technology
Recommended Action: Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to nonsubstantive changes approved by the City Manager and City Attorney.

14. Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22029) (General Fund)
Department(s): Public Works Agency, Parks, Recreation, and Community Services Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks, in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to nonsubstantive changes approved by the City Manager and City Attorney.

15. Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a OneYear Term with Four, OneYear Renewal Options (Specification No. 22045) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a oneyear period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, oneyear renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney.

16. Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 226468 and 226620) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

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Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize $500,000 of prioryear fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,000,000, which includes $1,453,765 for the construction contract, $218,000 for contract administration, inspection and testing, $100,000 for water engineering, and a $228,235 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.

17. Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 202122, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 206957) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 206957) from the Gas Tax Local Street Improvements Project (No. 206956).

2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $823,333, for construction of the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street FY 202122.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.

18. Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 202122 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 227535) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non City Council 9 4/19/2022
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Department(s): Public Works Agency
Recommended Action: 1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 202122, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to nonsubstantive changes approved by the City Manager and the City Attorney.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $373,060, which includes $276,430 for the construction contract, $41,465 for contract administration, inspection and testing, and a $55,165 project contingency for unanticipated or unforeseen work.

3. Approve an amendment to the Fiscal Year 202122 Capital Improvement Program adding the Residential Street Repair Program FY 202122 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.

19. Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 146802 and 176883) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a twoyear time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21SNTAACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21SNTAICE3995).

20. Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
Department(s): Parks, Recreation, and Community Services Recommended Action: Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, oneyear renewal options, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

21. Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and NonGeneral Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreementcommencesApril192022andcontainsabasetermcoveringFY2021 City Council 10 4/19/2022
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agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other Cityrelated miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency setaside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021 22, 202223, 202324 and FY 202425, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029 (Agreement No. 2022XXX).

22. Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at Cityowned Properties throughout the City for a 25Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at Cityowned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

23. Approve Agreement with Group 4 Architecture, Research + Planning, Inc. in an Amount Not to Exceed $2,158,565 for a ThreeYear Term (Project No. 221380) (Revive Santa Ana Program)
Department(s): Public Works Agency, Library
Recommended Action: Authorize the City Manager to execute an agreement with Group 4 Architecture, Research + Planning, Inc. to provide full design services for the Santa Ana Main Library’s renovation project, in the amount of $2,158,565, for a threeyear term beginning April 19, 2022 and expiring April 18, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

24. Adopt a Resolution Establishing the Joint School Collaboration City Council Standing Subcommittee between the City of Santa Ana and the Santa Ana Unified School District
Department(s): Parks, Recreation, and Community Services Recommended Action: Resolution No. 2022XXX – Adopt a resolution establishing the joint school collaboration City Council standing subcommittee between the City of Santa Ana and the Santa Ana Unified School District.

25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to ditttddhliStA(Rifi
City Council 11 4/19/2022
Santa Ana and the Santa Ana Unified School District.

25. Approve Appropriation Adjustment to Recognize Initial Disbursement of Homeless Housing, Assistance and Prevention Program Funds (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Approve appropriation adjustment recognizing $2,058,070.34 in funds from the State of California, Business, Consumer Services and Housing Agency revenue account and appropriate the same amount to expenditure account to address homelessness in Santa Ana. (Requires five affirmative votes)

26. Approve Increase in Spending Capacity with Dyer 18 LLC for Unforeseen Tenant Improvement Costs Relating to the Homeless Navigation Center (NonGeneral Fund) Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to increase spending capacity with Dyer 18, LLC for tenant improvements at the Homeless Navigation Center, in the amount of $1,200,000.
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

27. Ordinance Amending Chapter 33 of the Santa Ana Municipal Code Related to the Ceremonial Naming of Streets
Department(s): Public Works Agency
Recommended Action: Approve first reading of an ordinance amending Chapter 33 of the Municipal Code by adding Article XI relating to the ceremonial naming of streets.

28. Charter Review Ad Hoc Committee's Recommendation on Fireworks Department(s): City Manager Office
Recommended Action: Accept informational report and provide direction to staff. **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

29. Public Hearing – Approve the Fiscal Year 20222023 Annual Action Plan and budgets for the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant, and authorize submission to the United States Department of Housing and Urban Development
Legal notice published in the Orange County Register, La Opinión, and Nguoi Viet on March 10, 2022.

City Council 12 4/19/2022
Public Hearing items.

Department(s): Community Development Agency
Recommended Action: 1. Hold a public hearing to receive resident and stakeholder comments on funding priorities and needs for activities funded with the Community Development Block Grant, HOME Investment Partnerships Grant, and Emergency Solutions Grant programs for the Fiscal Year 202223 Annual Action Plan.

2. Approve the Fiscal Year 2022 2023 Annual Action Plan and authorize the submission of the Fiscal Year 2022 2023 Annual Action Plan to the United States Department of Housing and Urban Development.

3. Approve the Fiscal Year 20222023 budgets for the Community Development Block Grant Program in the total amount of $8,294,360 that includes $5,640,635 from Grant Year 2022 allocation and a reallocation of $2,653,725 in prior year program funds and program income; HOME Investment Partnerships grant in the amount of $1,706,231 from the Grant Year 2022 allocation and a reallocation of $9,428,513 in prior year program funds; and Emergency Solutions Grant in the amount of $489,141 from the Grant Year 2022 allocation. All proposed activities’ budgets will be proportionally increased or decreased from the estimated funding levels to match actual allocation amounts.

4. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums of understanding with various city departments and agreements with nonprofit public service providers awarded funds as part of the approved Community Development Block Grant program budget for a twoyear term beginning July 1, 2022 through June 30, 2024, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).

5. Direct the City Attorney to finalize and authorize the City Manager to execute a memorandum of understanding with the Santa Ana Police Department and agreements with nonprofit homeless service providers awarded funds as part of the approved Emergency Solutions Grant program budget for a term beginning July 1, 2022 through June 30, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney, and direct the Risk Manager or designee to determine the necessary insurance requirements applicable for each project (Agreement No. 2022 XXX).

30. Public Hearing Final Recirculated Program Environmental Impact Report No. 2020 03 and General Plan Amendment No. 202006 for Santa Ana General Plan Update Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.

Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the CaliforniaEnvironmentalQualityAct,adoptionofaStatementofOverriding City Council 13 4/19/2022
Legal notice published in the Orange County Reporter on April 8, 2022 and notices mailed on April 6, 2022.

Department(s): Planning and Building Agency
Recommended Action: 1. Resolution No. 2022XXX – Adopt a resolution certifying Final Recirculated Program Environmental Impact Report No. 202003 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, adoption of a Statement of Overriding Considerations, and adoption of a Mitigation Monitoring and Reporting Program.

2. Resolution No. 2022XXX – Adopt a resolution approving General Plan Amendment No. 202006.

3. Resolution No. 2022XXX – Adopt a resolution of findings to overrule the John Wayne Airport Orange County Airport Land Use Commission’s determination that the Proposed General Plan Update is inconsistent with the Airport Environs Land Use Plan.

COUNCILMEMBER REQUESTED ITEMS

31. Discuss and Consider Directing the City Manager to Direct Staff to Prepare an Ordinance to Require Shopping Centers to Post Contact Information for the Center's Management Personnel at All Entrances and Exits – Mayor Pro Tem Bacerra

32. Discuss and Consider Directing City Manager to Direct Staff to Introduce a Resolution, Policy, or Ordinance to Ban Loud Music for Use By Police Officers – Councilmember Hernandez
CITY MANAGER COMMENTS
CLERK OF THE COUNCIL COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting.

Adjourn in memory of Michael Macres.

Future Items

1. Mental Health Mobile Outreach Services

2. Housing Element Update

3. Billboard Ordinance Update

4. Cannabis Ordinance Update

5. Proposition 218 Solid Waste Rates Public Hearing

6. Parks, Facilities, Trails and Open Space Master Plan

7. Body Worn Cameras
City Council 14 4/19/2022
Clerk of the Council Office
www.santa-ana.org/cc
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: 2022 Ward Map
AGENDA TITLE:

Adopt Ordinance - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA

ANA ESTABLISHING NEW WARD BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS-2958

RECOMMENDED ACTION

1. Place ordinance on second reading and adopt.

2. Receive and file staff report regarding the use of new ward maps for purposes of city operations.

DISCUSSION
At the April 5, 2022 meeting, the City Council adopted a resolution and the first reading of the ordinance establishing new ward boundary lines of the wards of the City of Santa Ana to meet the April 17, 2022 deadline. The Clerk of the Council submitted the newly adopted map, Resolution No. 2022-022, to the Registrar of Voters on April 7, 2022.

The next General Municipal Election will be held on Tuesday, November 8, 2022 for council seats in wards 2, 4, 6, and for the mayor.

The new ward boundaries for wards 2, 4, and 6 will be used for the November 8, 2022 General Municipal Election and elections thereafter. The new ward boundaries for wards 1, 3 and 5 will be used for the November 2024 General Municipal Election and elections thereafter. To improve efficiency of City department functions and reduce confusion, the new map shall be deemed effective April 19, 2022 for purposes of City operations.

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

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

City Council 9 – 1 4/19/2022
2022 Ward Map
April 19, 2022

Page 2 ends

EXHIBIT(S)

1. Ordinance
Submitted By: Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
City Council 9 – 2 4/19/2022
Ordinance No. NS-XXX

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ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA ESTABLISHING NEW WARD BOUNDARY

LINES OF THE WARDS OF THE CITY OF SANTA ANA AND
REPEALING ORDINANCE NO. NS-2958
WHEREAS, in 2018, pursuant to a settlement agreement resulting from litigation regarding an alleged violation of the California Voting Rights Act, the Santa Ana City Council adopted Ordinance NS-2958 establishing new boundary lines of the wards of the City of Santa Ana; and
WHEREAS, in 2019, pursuant to a Charter amendment approved by the voters, the City of Santa Ana transitioned from wards where candidates for City Council were nominated by registered voters from their ward but elected at large to a system where candidates for City Council were both nominated and elected by registered voters residing in their ward;
WHEREAS, on September 17, 2019, the Santa Ana City Council adopted Ordinance No. NS-2975 changing the boundaries of ward 3 in conjunction with the proposed 24.78 acre county island annexation generally located as the northeast corner of Seventeenth Street and Tustin Avenue;
WHEREAS, in 2020 the federal decennial census was conducted and census data was recently released by the federal government; and
WHEREAS, pursuant to California Elections Code § 21621 and Santa Ana Charter § 101.2, after the federal decennial census, the City Council shall adopt boundaries of all Council wards; and
WHEREAS, on September 21, 2021, the Santa Ana City Council adopted Resolution No. 2021-053 regarding the City Council's intent to consider changes to boundary lines of the wards and fixing the date, time, and place of public hearings and public workshops for the redistricting process;
WHEREAS, on October 5, 2021 the Santa Ana City Council held its first Public Hearing regarding redistricting and adopted Resolution No. 2021-060 Amending and Restating Resolution No. 2021-053 regarding the City Council’s intent to consider changes to boundary lines of the wards and fixing the date, time, and place of the public hearings and workshops; and
WHEREAS, Pursuant to Elections Code § 21627.1 of the Fair Maps Act, the City is required to hold four (4) public hearings to engage the public in the redistricting process, one (1) of which must be held prior to drawing the draft map(s), two (2) public hearings to be held after drawing the draft maps, and one public hearing or public workshop on a Saturday, Sunday or after 6 p.m. on a weekday; and
City Council 9 – 3 4/19/2022
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WHEREAS, the City held eleven (11) Public Hearings on the following dates:

October 5, 2021, October 19, 2021, November 2, 2021, November 15, 2021, December 6, 2021, January 18, 2022, February 1, 2022, February 16, 2022, March 7, 2022, March 11, 2022, and April 5, 2022. At each of the Public Hearings, the Santa Ana City Council conducted a duly noticed public hearing to receive public input regarding the redistricting process, communities of interest, and/or the draft maps. During the Public Hearings, public comment was received in person, in writing, and virtually in real time; and WHEREAS, the City held six (6) public workshops in person and virtually on the following dates: September 25, 2021, October 7, 2021, October 9, 2021, October 23, 2021, October 29, 2021, and October 30, 2021; and
WHEREAS, the Clerk of Council attended six (6) additional community meetings; and
WHEREAS, the Clerk of Council retained a demography expert, Redistricting Partners to assist with the redistricting process; and
WHEREAS, throughout the redistricting process the City has maintained a detailed redistricting website as required by the Fair Maps Act: https://www.santaana.org/cc/redistricting; and WHEREAS, the City has provided notices and other materials to the public in English, Spanish, Vietnamese, Chinese, and Korean; and
WHEREAS, the City made available to the public an online mapping tool to permit the public to submit draft maps and which the public utilized during the redistricting process; and
WHEREAS, the Santa Ana City Council has considered all public comments on the proposed Council ward boundary changes including maps drawn by the public and submitted through the City’s mapping program on the City redistricting website; and WHEREAS, Santa Ana City Charter § 101.2 provides that an ordinance adjusting ward boundaries must be approved by a 2/3 affirmative vote requirement and be adopted no later than 120 days before an election in order to be effective for that election; and WHEREAS, the Santa Ana City Council believes that the wards contained in the proposed draft map N2 (“Recommended Map”) attached as Exhibit “A” hereto and incorporated herein by reference, would best serve the interests of the City and the residents of the City of Santa Ana; and
WHEREAS, the Recommended Map has been posted on the City’s website in compliance with the Fair Maps Act; and
WHEREAS, the populations set forth in the wards of the Recommended Map are substantially equal in population and in compliance with all other legal requirements of the Fair Maps Act, United States Constitution, California Constitution, and the Federal Voting Rights Act.

City Council 9 – 4 4/19/2022
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THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

SECTION 1. The Santa Ana City Council hereby finds, determines and declares that all of the Recitals set forth herein above are true and correct.

SECTION 2. Pursuant to Elections Code § 21621 and Santa Ana Charter § 101.2, the Santa Ana City Council hereby adopts the ward boundaries set forth in the Recommended Map (previously Draft Map N2) attached as Exhibit “A” and incorporated herein by reference, for use in the City’s General Municipal Election on November 8, 2022 and subsequent elections thereafter until a further redistricting is required pursuant to state law or the City of Santa Ana Charter. Metes and bounds of each district are attached hereto as Exhibit “B” and incorporated herein by reference.

SECTION 3. The Clerk of Council or her designee shall take all actions necessary to notify the Orange County Registrar of Voters Office of the City Council’s determination forthwith and provide whatever assistance may be required by the County Registrar of Voters to implement the new ward boundary lines.

SECTION 4. The Clerk of Council shall cause a map diagram showing the new ward boundary lines of each and every ward to be published in the Orange County Register not less than thirty (30) days prior to the 2022 general municipal election as required by Santa Ana Charter § 101.4.

SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

SECTION 6. This Ordinance shall become effective and be in force immediately from and after the date of its passage.

SECTION 7. The Clerk of the Council shall certify and attest to the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of April, 2022.
_________________________
Vicente Sarmiento
Mayor
City Council 9 – 5 4/19/2022
Ordinance No. NS-XXX

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APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
By:_________________________
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-____________ 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 9 – 6 4/19/2022
City of Santa Ana
Plan N (Selected)
Exhibit A
City Council 9 – 7 4/19/2022
1 | P a g e
City of Santa Ana | Draft Plan N2 | Metes & Bounds
First District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and the Fountain Valley/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to N Harbor Blvd, and proceeding southerly along N Harbor Blvd to W 1st St, and proceeding easterly along W 1st St to N Fairview St, and proceeding southerly along N Fairview St to S Fairview St, and proceeding southerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Fairview St, and proceeding southerly along S Fairview St to W Dahl Ln, and proceeding westerly along W Dahl Ln to S Fairview St, and proceeding southerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Fairview St, and proceeding southerly along S Fairview St to W Warner Ave, and proceeding easterly along W Warner Ave to S Raitt St, and proceeding southerly along S Raitt St to W Segerstrom Ave, and proceeding westerly along W Segerstrom Ave to S Greenville St, and proceeding southerly along S Greenville St to W Alton Ave, and proceeding westerly along W Alton Ave to S Fairview St, and proceeding southerly along S Fairview St to the Costa Mesa/Santa Ana city line, and proceeding westerly along the Costa Mesa/Santa Ana city line to the Santa Ana city line, and proceeding northerly along the Santa Ana city line to the Fountain Valley/Santa Ana city line, and proceeding northerly along the Fountain Valley/Santa Ana city line to the point of beginning.

Second District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Dahl Ln, and proceeding northerly along S Fairview St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Center St, and proceeding northerly along S Center St to W Monta Vista Ave, and proceeding westerly along W Monta Vista Ave to unnamed Local road, and proceeding northerly along unnamed Local road to W Willits St, and proceeding easterly along W Willits St to S Raitt St, and proceeding northerly along S Raitt St to W 1st St, and proceeding easterly along W 1st St to N Bristol St, and proceeding northerly along N Bristol St to W 1st St, and proceeding easterly along W 1st St to N Main St, and proceeding southerly along N Main St to E 1st St, and proceeding easterly along E 1st St to S Standard Ave, and proceeding southerly along S Standard Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Halladay St, and proceeding northerly along S Halladay St to E McFadden Ave, and proceeding westerly along E McFadden Ave to S Orange Ave, and proceeding southerly along S Orange Ave to McFadden Ave, and proceeding westerly along McFadden Ave to S Main St, and proceeding northerly along S Main St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Flower St, and proceeding southerly along S Flower St to W Edinger Ave, and proceeding westerly along W Edinger Ave to S Fairview St, and proceeding northerly along S Fairview St to W Dahl Ln, and proceeding easterly along W Dahl Ln to the point of beginning.

Exhibit B
City Council 9 – 8 4/19/2022
2 | P a g e
Third District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of the Garden Grove/Santa Ana city line and W 17th St, and proceeding easterly along the Garden Grove/Santa Ana city line to the Orange/Santa Ana city line, and proceeding easterly along the Orange/Santa Ana city line to the Tustin/Santa Ana city line, and proceeding southerly along the Tustin/Santa Ana city line to nonvisible boundary, and proceeding southerly along nonvisible boundary to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to McFadden Ave, and proceeding westerly along McFadden Ave to S Lyon St, and proceeding northerly along S Lyon St to E 1st St, and proceeding westerly along E 1st St to N Grand Ave, and proceeding northerly along N Grand Ave to I- 5, and proceeding westerly along I- 5 to E 17th St, and proceeding westerly along E 17th St to N Main St, and proceeding southerly along N Main St to W 17th St, and proceeding westerly along W 17th St to nonvisible boundary, and proceeding westerly along nonvisible boundary to N Fairview St, and proceeding southerly along N Fairview St to W 17th St, and proceeding westerly along W 17th St to the point of beginning.

Fourth District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Fairview St and W Warner Ave, and proceeding northerly along S Fairview St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Bristol St, and proceeding southerly along S Bristol St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W Warner Ave, and proceeding easterly along W Warner Ave to S Main St, and proceeding southerly along S Main St to E Dyer Rd, and proceeding easterly along E Dyer Rd to Costa Mesa Fwy, and proceeding northerly along Costa Mesa Fwy to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to the Irvine/Santa Ana city line, and proceeding southerly along the Irvine/Santa Ana city line to the Costa Mesa/Santa Ana city line, and proceeding northerly along the Costa Mesa/Santa Ana city line to S Fairview St, and proceeding northerly along S Fairview St to W Alton Ave, and proceeding easterly along W Alton Ave to S Greenville St, and proceeding northerly along S Greenville St to W Segerstrom Ave, and proceeding easterly along W Segerstrom Ave to S Raitt St, and proceeding northerly along S Raitt St to W Warner Ave, and proceeding westerly along W Warner Ave to the point of beginning.

Fifth District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of N Harbor Blvd and W 1st St, and proceeding northerly along N Harbor Blvd to the Garden Grove/Santa Ana city line, and proceeding easterly along the Garden Grove/Santa Ana city line to W 17th St, and proceeding easterly along W 17th St to N Fairview St, and proceeding northerly along N Fairview St to nonvisible boundary, and proceeding easterly along nonvisible boundary to W 17th St, and proceeding easterly along W 17th St to N Main St, and proceeding southerly along N Main St to W 1st St, and proceeding westerly along W 1st St to N Bristol St, and proceeding southerly along N Bristol St to W 1st St, and proceeding westerly along W 1st St to S Raitt St, and proceeding southerly along S Raitt St to W Willits St, and proceeding westerly along W Willits St to unnamed Local road, and proceeding southerly along City Council 9 – 9 4/19/2022
3 | P a g e
unnamed Local road to W Monta Vista Ave, and proceeding easterly along W Monta Vista Ave to S Center St, and proceeding southerly along S Center St to W McFadden Ave, and proceeding westerly along W McFadden Ave to S Fairview St, and proceeding northerly along S Fairview St to N Fairview St, and proceeding northerly along N Fairview St to W 1st St, and proceeding westerly along W 1st St to the point of beginning.

Sixth District
All of that portion of Orange County bounded and described as follows: Beginning at the point of intersection of S Bristol St and nonvisible boundary, and proceeding northerly along S Bristol St to W Edinger Ave, and proceeding easterly along W Edinger Ave to S Flower St, and proceeding northerly along S Flower St to W McFadden Ave, and proceeding easterly along W McFadden Ave to S Main St, and proceeding southerly along S Main St to McFadden Ave, and proceeding easterly along McFadden Ave to S Orange Ave, and proceeding northerly along S Orange Ave to E McFadden Ave, and proceeding easterly along E McFadden Ave to S Halladay St, and proceeding southerly along S Halladay St to McFadden Ave, and proceeding easterly along McFadden Ave to S Standard Ave, and proceeding northerly along S Standard Ave to E 1st St, and proceeding westerly along E 1st St to N Main St, and proceeding northerly along N Main St to E 17th St, and proceeding easterly along E 17th St to I- 5, and proceeding southerly along I5 to N Grand Ave, and proceeding southerly along N Grand Ave to E 1st St, and proceeding easterly along E 1st St to S Lyon St, and proceeding southerly along S Lyon St to McFadden Ave, and proceeding easterly along McFadden Ave to the Tustin/Santa Ana city line, and proceeding easterly along the Tustin/Santa Ana city line to Costa Mesa Fwy, and proceeding southerly along Costa Mesa Fwy to E Dyer Rd, and proceeding westerly along E Dyer Rd to S Main St, and proceeding northerly along S Main St to W Warner Ave, and proceeding westerly along W Warner Ave to nonvisible boundary, and proceeding westerly along nonvisible boundary to the point of beginning.

City Council 9 – 10 4/19/2022
Ordinance No. NS-XXX

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ORDINANCE NO. NS-________
ZONING ORDINANCE AMENDMENT NO. 2021-03 AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA REPEALING AND REENACTING IN ITS
ENTIRETY ARTICLE XVIII.I. OF CHAPTER 41 OF THE

SANTA ANA MUNICIPAL CODE REGARDING THE

HOUSING OPPORTUNITY ORDINANCE

THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS:

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

A. On November 28, 2011, the Santa Ana City Council adopted Ordinance No.

NS-2825, known as the Housing Opportunity Ordinance and appearing as “Article XVIII.I. – Housing Opportunity Ordinance” (“Housing Opportunity Ordinance”) of Chapter 41 of the Santa Ana Municipal Code. The Housing Opportunity Ordinance was adopted to implement the City’s Housing Element Goal of providing affordable housing within the City.

B. On September 1, 2015, the City Council adopted Ordinance No. NS-2881, which amended the Housing Opportunity Ordinance in various respects, including applicability, options to satisfy inclusionary requirements, and calculation of the in-lieu housing fee. These amendments were intended to make the inclusionary housing requirements more predictable for housing developers and to incentivize the production of more affordable housing.

C. In response to impacts of the COVID-19 pandemic on the development and construction of housing in the City, including the reduction of housing starts, the City Council adopted Ordinance No. NS-2994 on September 1, 2020. Ordinance No. NS2994 further amended the Housing Opportunity Ordinance to lower the in-lieu housing fee for all projects from $15 to $5 per square foot, adjust the trigger of the ordinance, and expand the eligible uses of in-lieu fees collected by the City.

D. On March 2, 2021, at the direction of the City Council, an Ad Hoc Committee for Housing was formed. The Ad Hoc Committee reviewed the Housing Opportunity Ordinance and recommended certain changes. The Ad Hoc Committee’s recommendations were presented and discussed at the City Council Meeting on July 6, 2021.

E. On July 26, 2021, the City Council conducted a work-study session to further evaluate the Committee’s recommendations and to receive input from key stakeholders and members of the public. The City Council provided direction to staff to prepare amendments to the Housing Opportunity Ordinance concerning the applicability City Council 10 – 1 4/19/2022
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and triggers for the ordinance, adjustments to the in-lieu fee calculation, set-aside units, and options for satisfaction of inclusionary requirements.

F. On September 7, 2021, the City Council further considered this matter and provided additional direction to staff regarding proposed amendments to the Housing Opportunity Ordinance.

G. At the City Council meeting of October 5, 2021, staff received direction to initiate the adoption hearing in order for the City Council to consider the changes recommended by the Housing Ad Hoc Committee.

H. On October 25, 2021, the Planning Commission held a duly noticed public hearing on the proposed amendments and considered the staff report, recommendations by staff, and public testimony concerning the proposed Ordinance. The Planning Commission recommended that the City Council adopt the proposed Ordinance.

I. The Request for City Council Action for this Ordinance dated November 16 and December 7, 2021 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony, constitute the necessary findings for this ordinance.

Section 2. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Furthermore, the proposed Ordinance falls within the "common sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Adoption of this Ordinance will not have a significant effect on the environment because the proposed changes will only modernize, update, and clarify existing affordable and inclusionary housing requirements responding to the current economic and housing trends in the City and will not cause a physical change in the environment.

Section 3. Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code is hereby repealed in its entirety.

Section 4. Article XVIII.I. of Chapter 41 of the Santa Ana Municipal Code is hereby reenacted and amended to read in its entirety as follows:

ARTICLE XVIII.I. - 2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION

ORDINANCE
City Council 10 – 2 4/19/2022
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Sec. 41-1900. Purpose.

This article establishes standards and procedures to encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this article is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments when the number of units exceed the densities permitted under the general plan, zoning classification, or the conversion of rental units to condominium ownership.

Sec. 41-1901. Definitions.

As used in this article, the following terms shall have the following meanings:

Adjusted for household size appropriate for the unit means a household of one person in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3) persons in the case of a two-bedroom unit, four (4) persons in the case of a threebedroom unit, and five (5) persons in the case of a four-bedroom unit.

Administrative procedures means those regulations promulgated by the executive director pursuant to section 41-1910 of this article.

Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed the fraction of gross income specified, as follows:

Extremely low-income households. Thirty (30) percent of the income of a household earning thirty (30) percent of the Orange County median income adjusted for family size appropriate for the unit.

Very low-income households. Thirty (30) percent of the income of a household earning fifty (50) percent of the Orange County median income adjusted for family size appropriate for the unit.

Low-income households. Thirty (30) percent of the income of a household earning eighty (80) percent of the Orange County median income for family size appropriate for the unit.

Moderate-income households. Thirty (30) percent of the income of a household earning one hundred twenty (120) percent of the Orange County median income adjusted for family size appropriate for the unit.

The qualifying limits for extremely low-income, very low-income, low-income and moderate-income households are established and amended annually pursuant to Section 8 of the United States Housing Act of 1937. The limits are published by the Secretary of Housing and Urban Development.

Base Density means the maximum number of dwelling units allowed per acre of land within each land use category designated in the General Plan.

Developer means any association, corporation, firm, joint venture, partnership, person, or any entity or combination of entities, which seeks city approval for all or part of a residential project.

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Development agreement means an agreement approved by the city council between a property owner and the city pursuant to Government Code section 65864, et seq.

Executive director means the executive director of community development for the city.

General plan means the adopted general plan for the City of Santa Ana.

Inclusionary housing agreement means a legally binding agreement between the developer and the city, in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method.

Inclusionary housing fund means the fund created by the city in which all fees collected in compliance with this article shall be deposited.

Inclusionary housing plan means the plan submitted by the developer, in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project.

Inclusionary unit means a dwelling unit that will be offered for sale or rent to extremely low, very low, low, or moderate-income households, at an affordable housing cost, in compliance with this article.

Low-income units, very low-income units, and extremely low-income units means inclusionary units restricted to occupancy by low, very low, and extremely low-income households, respectively, at an affordable housing cost.

Market rate units means dwelling units in a residential project that are not inclusionary units.

Moderate-income units means inclusionary units restricted to occupancy by moderate-income households at an affordable housing cost.

Regulatory agreement means an agreement entered into between the City of Santa Ana or the Santa Ana Community Development Agency and a developer by which the developer covenants to keep certain housing units at an affordable housing cost for a specified period of time.

Rehabilitated units/rehabilitation means the improvement of a unit in substandard condition to a decent, safe and sanitary level. Units are in substandard condition when, while they may be structurally sound, they do not provide safe and adequate shelter, and in their present condition endanger the health, safety or well-being of the occupants.

Residential project/project means any of the following:

A subdivision resulting in the creation of five (5) or more residential lots or residential condominium units; or
The new construction of a project consisting of five (5) or more multi-family units; or
The new construction of five (5) or more separate houses or dwelling units; or City Council 10 – 4 4/19/2022
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The conversion of five (5) or more existing residential rental units to condominium ownership.

Target area means that area designated by the city from time to time, on an as-needed basis, as a priority area for rehabilitation due to health and safety concerns.

Total housing costs the total monthly or annual recurring expenses required of a household to obtain shelter. For a rental unit, total housing costs shall include the monthly rent payment and utilities paid by the tenant (excluding telephone and television). For an ownership unit, total housing costs shall include the mortgage payment (principal and interest), insurance, homeowners' association dues (if applicable), private mortgage insurance (if applicable), taxes, utilities, an allowance for maintenance and any other related assessments.

Sec. 41-1902. Applicability and inclusionary unit requirements. (a) Applicability. The requirements of this article shall apply to any new project comprised of five (5) or more residential lots or residential units, including new construction and condominium conversions, which meets one or all of the following applicability thresholds:
(1) A change in use to allow for residential or that exceeds the general plan or zoning prescribed densities or percentage of residential development of the subject property at the time of application.
(2) Implementation of the permitted residential density or percentage of residential development allowed as a result of city initiated zone changes or city initiated general plan amendments after November 28, 2011.
(3) Increase of the permitted percentage of residential development allowed for a mixed-use development above the percentage permitted under the zoning classification at the time of application.
(4) Development of new residential uses or increase of the permitted residential density or percentage of residential development within an overlay zone approved pursuant to Division 28 of Article I of this Chapter.
(5) Conversion of rental units to condominium ownership. (b) Applications. The inclusionary requirements shall only apply to the incremental units beyond that which is allowed as prescribed in Subsection (a) above. (c) Units for sale. If the new residential project consists of units for sale, then a minimum of five (5) percent of the total number of units in the project shall be sold to moderate-income households.
(d) Rental units. If the new residential project consists of rental units, the inclusionary units shall be constructed as follows:

City Council 10 – 5 4/19/2022
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(1) A minimum of fifteen (15) percent of the units shall be rented to low-income households, or
(2) A minimum of ten (10) percent shall be rented to very low-income households, or
(3) A minimum of five (5) percent shall be rented to extremely low-income households, or
(4) A minimum of ten (10) percent shall be available at an affordable housing cost of which five (5) percent rented to low-income households, three (3) percent rented to very low-income households, and two (2) percent rented to extremely low-income households.
(e) Rounding of quantities in calculations. In calculating the required number of inclusionary units, fractional units shall be rounded-up to the next whole unit. The developer may choose to pay an in-lieu fee set forth in section 41-1904(c) for the fractional units, which shall be calculated based on the number of habitable square feet applicable in each case.
(f) Displacement of existing inclusionary units. Notwithstanding any other provision of this article, any residential project subject to this article that results in the displacement of extremely low, very low and/or low-income household(s) shall be required to provide onsite inclusionary units as required by this article. (g) Compliance with article. All inclusionary units required by this article shall be sold or rented in compliance with this article.

Sec. 41-1903. Exempt projects.

The following are exempt from the requirements of this article:
(a) Development agreements. A residential project that is the subject of a development agreement under applicable provisions of the California Government Code that expressly provides for an exclusion to this article, provides for a different amount of inclusionary units, or provides for a different specified method for determining the in-lieu fee provisions of this ordinance, such as the timing of payment or the point in time for determining the applicable in-lieu fee amount, to satisfy the inclusionary units from that specified by this article.
(b) Project with regulatory agreement. A residential project for which a regulatory agreement has been approved, provided that the regulatory agreement is effective at the time the residential project would otherwise be required to comply with the requirements of this article, and there is no uncured breach of the regulatory agreement before issuance of a certificate of occupancy for the project. This may include a residential project that has City Council 10 – 6 4/19/2022
Ordinance No. NS-XXX

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obtained a density bonus under article XVI.I of the Santa Ana Municipal Code. Such projects cannot be used to satisfy the inclusionary requirement for another project. (c) Adaptive Reuse. Adaptive reuse development projects pursuant to Chapter 41, Article XVI.II - Adaptive Reuse.
(d) Development Projects Approved Under the Provisions of Ordinance No. NS-2994 Adopted on September 1, 2020. A development project that has received entitlement approvals by city council action prior to November 16, 2021 to construct new residential units is hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS2994. The vested regulations and provisions in accordance with this section shall terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code. A list of these projects and the vested right(s) under Ordinance No. NS-2994 are attached hereto as Exhibit A and is incorporated herein by reference.

Sec. 41-1904. Options to satisfy inclusionary requirements. (a) On-site units. The primary means of complying with the inclusionary requirements of this article shall be the provision of on-site inclusionary units in accordance with section 41-1902 above. A developer may only satisfy the requirements of this article by means of an alternative to on-site inclusionary units in accordance with the requirements and procedures of this section.
(b) Off-site units.
(1) New units. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by constructing the required new inclusionary housing at a different location within the city borders at the ratio of one square foot of habitable inclusionary unit space for each required habitable square foot. While the total habitable square footage area of the required new inclusionary units must be the same as the sumtotal of the number of habitable square feet for the project as directed by this ordinance, the number of units and bedrooms associated with the off-site units may be approved by the review authority of the city, consistent with the type of affordable housing needed at the time of project review.
(2) Rehabilitated units outside a designated target area. The developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of the city at a rate of one and one-half (1½) habitable square feet per each required habitable square foot of inclusionary units.
(3) Rehabilitated units within a designated target area. Upon application, the developer may satisfy the inclusionary unit requirements for the project, in whole or in part by substantially rehabilitating existing housing units elsewhere within the borders of City Council 10 – 7 4/19/2022
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the city at a rate of one habitable square foot per each required habitable square foot of affordable inclusionary units.
(c) In-lieu fee.
(1) Five (5) or more units. For a residential project comprised of five (5) or more residential lots or residential units, the developer may elect to satisfy the inclusionary unit requirements for the project, in whole or in part, by payment of a fee in-lieu of constructing some or all of the required units. The total amount of the fee allowed by this section shall be calculated using the In-Lieu Fee Schedule in section 41-1904(c)(1)(i) multiplied by the sum total of the number of habitable square feet within the entire project, as measured from the exterior walls of the residential units. This calculation does not include exterior hallways, common areas, landscape, open space or exterior stairways. (i) In-Lieu Fee Schedule
Units/Lots Fee Per Square Foot of
Habitable Area
5 – 9 $6.00
10 – 14 $9.00
15 – 19 $12.00
20 or more $15.00
(ii) Local Skilled and Trained Workforce. The use of a local skilled and trained workforce shall be phased in over time and shall only apply to a development project proposing twenty (20) or more lots or units opting to exercise the in-lieu fee payment option. The implementation of this subsection shall be phased as follows:
(A) Between November 16, 2021 and December 31, 2025, a
project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot in-lieu fee amount shall not be required to utilize a local skilled and trained workforce for completing the construction of the project. However, this fee shall be reduced if the developer provides the City with an executed enforceable commitment to use a “Skilled and Trained Workforce” as defined in Public Contract Code section 2601 to complete the construction of the project as specified in the table below:

Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
30% of workforce utilizing
2 or more construction
trades
$10.00
60% of workforce utilizing
3 or more construction
trades
$5.00
City Council 10 – 8 4/19/2022
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A minimum of 20% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(B) Effective January 1, 2026 and thereafter, a project proposing twenty (20) or more lots or units exercising the option to pay the $15 per square foot inlieu fee amount shall be required to provide the City with an executed enforceable commitment that 30 percent of the workforce utilized to complete the construction of the project be derived from a “Skilled and Trained Workforce” as defined in Public Contract Code section 2601; and that a minimum of 35 percent of the required skilled and trained workforce total work-hours shall be performed in accordance with local hire policies approved by the City Council. This fee shall be reduced when the developer commits to a higher utilization level as specified in the table below:

Use of Skilled and Trained
Workforce
Fee Per Square Foot of
Habitable Area
60% of workforce $10.00
90% of workforce $5.00
A minimum of 35% of the above work-hours shall be
performed in accordance with local hire policies
approved by the City Council.
(2) Timing of payment. The total fee amount for the entirety of a project is calculated, determined, and set at the time of issuance of the first building permit for the project. All in-lieu fees allowed by this section shall be paid no later than prior to issuance of the first occupancy approval for any construction which adds net residential units. If the city approves a phased project, a proportional share of the required fee shall be paid within each phase of the residential project. The in-lieu fees collected by the city are city funds over which the city has complete and absolute discretion. (3) Inclusionary housing fund. Fees collected in compliance with this section shall be deposited in the inclusionary housing fund.
(4) The provisions of Section 41-1904(c)(1) may only be modified by the affirmative vote of at least five (5) members of the City Council.

Sec. 41-1904.1. Inclusionary housing development incentives for production of units.
(a) In order to make the production of new inclusionary units on-site or off-site or offsite rehabilitated units, certain incentives, standards and concessions shall be allowed City Council 10 – 9 4/19/2022
Ordinance No. NS-XXX

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and prescribed as set forth herein below. Such concessions shall not be available to those developers that choose to pay an in lieu fee rather than build the units. The developer may opt to take advantage of up to two (2) concessions among the following possible concessions:
(1) Parking concession. One on-site parking space for each zero to one bedroom unit; two (2) on-site parking spaces for each two (2) to three (3) bedroom unit; two and one-half (2½) parking spaces for each four (4) or more bedroom unit. (2) Concession on one of the following Zoning Code site development standards:
(i) Setback reduction of up to twenty-five (25) percent reduction on subject property;
(ii) Height increase of up to twenty (20) additional feet. (b) A developer of a for sale residential project proposing to provide on-site moderate income units and a surrounding community benefit may opt to take advantage of up to three (3) of the above concessions. The surrounding community benefit will include but not be limited to park improvements, urban community gardens, developer-funded down payment assistance, or subsidy of services, activities or programs. (1) Local Density Bonus. For each 1 percent increase above 5 percent in the percentage of for-sale units affordable to moderate income households, the base density shall be increased by 1.5 percent up to a maximum of 35 percent.

Sec. 41-1905. Housing plan and housing agreement.
(a) Submittal and execution. The developer shall comply with the following requirements:
(1) Inclusionary housing plan. The developer shall submit an inclusionary housing plan in a form specified by the executive director, detailing how the provisions of this article will be implemented for the proposed residential project. The inclusionary housing plan and its supportive documents, plans, and details shall be submitted at the same time as the site plan and application materials for the original project. All inclusionary housing plans shall be subject to the approval of the executive director and subject to appeal processes and procedures set forth in the Santa Ana Municipal Code. 2) Inclusionary housing agreement. The developer shall execute and cause to be recorded an inclusionary housing agreement. The inclusionary housing agreement shall be a legally binding agreement between the developer and the city, executed by the city manager, or his or her designee, and in a form and substance satisfactory to the executive director and the city attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied, whether through the provision of inclusionary units or through an approved alternative method. (b) Discretionary approvals. No discretionary approval shall be issued for a residential project subject to this article until the developer has submitted an inclusionary housing plan.

City Council 10 – 10 4/19/2022
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(c) Issuance of building permit. No building permit shall be issued for a residential project subject to this article unless the executive director has approved the inclusionary housing plan, and any required inclusionary housing agreement has been recorded. (d) Issuance of certificate of occupancy. A certificate of occupancy shall not be issued for a residential project subject to this article unless the approved inclusionary housing plan has been fully implemented.

Sec. 41-1906. Standards.
(a) Location within project, relationship to non-inclusionary units. All inclusionary units shall be:
(1) Reasonably dispersed throughout the residential project; (2) Proportional, in number of bedrooms, gross floor area of habitable space, and location, to the market rate units;
(3) Comparable to the market rate units included in the residential project in terms of design, materials, finished quality, and appearance; and (4) Permitted the same access to project amenities and recreational facilities, as are market rate units.
(b) Timing of construction. All inclusionary units in a residential project shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project. (c) Location outside the proposed original project. For projects where the developer proposes to either produce new inclusionary units or rehabilitate existing off-site units to meet the inclusionary affordable housing requirements of this ordinance, the off-site project(s) containing the required inclusionary units shall be subject to the following requirements:
(1) The sum-total area (in habitable square feet) of all the newly constructed off-site inclusionary units shall be the same number of habitable square feet of inclusionary area as required by this ordinance. For the purpose of the calculation of the number of square feet of required inclusionary housing, the total gross habitable square feet of the housing units of the original market rate project shall be used, as measured from exterior walls to exterior walls of the market units provided as the base for calculation. The common areas, exterior hallways, stairways, patios, and balconies shall not be calculated in determining the number of required square feet of inclusionary housing production. All new or rehabilitated units must meet all current zoning and general plan standards.

City Council 10 – 11 4/19/2022
Ordinance No. NS-XXX

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(2) While the total number of square feet of inclusionary housing requirement is calculated based on the requirements of this ordinance, the number of units, bedrooms and other amenities on the proposed off-site inclusionary housing location shall be approved by the review authority commensurate with the size and type of units most in demand at the time of submittal of the application.
(3) Any off-site affordable inclusionary housing project shall be substantially comparable to the market rate units included in the residential project in terms of quality of design, materials and finishes.
(4) If tenants are displaced due to rehabilitation of housing to meet the inclusionary unit requirement, the developer shall be responsible for relocation costs as required by state law.
(5) No city, housing authority, or public funds, subsidies, or participation of any kind shall be expended on the production or building of any inclusionary housing projects associated with meeting the inclusionary unit requirement. (d) Timing of construction. All inclusionary units in a residential project or proposed off-site new inclusionary units or rehabilitated units shall be constructed concurrent with, or before the construction of the market rate units. If the city approves a phased project, a proportional share of the required inclusionary units shall be provided within each phase of the residential project.
(e) Units for sale.
(1) Time limit for inclusionary restrictions. A unit for sale shall be restricted to the target income level group at the applicable affordable housing cost for a minimum of fifty-five (55) years.
(2) Certification of purchasers. The developer and all subsequent owners of an inclusionary unit offered for sale shall certify, on a form provided by the city, the income of the purchaser and that such owners will live in such inclusionary unit as their primary residence.
(3) Resale price control. In order to maintain the availability of inclusionary units required by this article, the resale price of an owner occupied inclusionary unit shall be limited to the lesser of the fair market value of the unit as established by a licensed real estate agent based upon three (3) comparable properties or the restricted resale price.

For these purposes, the restricted resale price shall be the applicable affordable housing cost.
(4) Inheritance of inclusionary units. Upon the death of an owner of an owneroccupied inclusionary unit, title in the property may transfer to the surviving joint tenant or heir (in the case of the death of a sole owner or all owners of the household).

City Council 10 – 12 4/19/2022
Ordinance No. NS-XXX

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(5) Forfeiture. If an inclusionary unit for sale is sold for an amount in excess of the resale price controls required by this section, the buyer and the seller shall be jointly and severally liable to the city for the amount in excess of the affordable housing cost at the time of such sale of the inclusionary unit. Recovered funds shall be deposited into the inclusionary housing fund. Notwithstanding the foregoing, city may allow the buyer and seller to cure any violation of the resale price controls within one hundred eighty (180) days.
(f) Rental units.
(1) Time limit for inclusionary restrictions. A rental inclusionary unit shall remain restricted to the target income level group at the applicable affordable housing cost for fifty-five (55) years.
(2) Certification of renters. The owner of any rental inclusionary unit shall certify, on a form provided by the city, the income of all members of the household above the age of eighteen (18) at the time of the initial rental and annually thereafter. (3) Forfeiture. Any lessor who leases an inclusionary unit in violation of this article shall be required to forfeit to the city all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund.
(g) Execution and recording of documents. The executive director may require the execution and recording of whatever documents are required to ensure enforcement of this section; including, but not limited to, promissory notes, deeds of trust, resale restrictions, rights of first refusal, options to purchase, and/or other documents, which shall be recorded against all inclusionary units.
(h) General prohibitions.
(1) No person shall sell or rent an inclusionary unit at a price or rent in excess of the maximum amount allowed by any restriction placed on the unit in accordance with this article.
(2) No person shall sell or rent an inclusionary unit to a person or persons that do not meet the income restrictions placed on the unit in accordance with this article. (3) No person shall provide false or materially incomplete information to the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for which that person is not eligible.
(i) Principal residency requirement.

1. The owner or lessee of an inclusionary unit shall reside in the unit for not less than ten (10) out of every twelve (12) months.

City Council 10 – 13 4/19/2022
Ordinance No. NS-XXX

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2. No owner or lessee of an inclusionary unit shall lease or sublease, as applicable, an inclusionary unit without the prior permission of the executive director.

Sec. 41-1907. Reserved.

Sec. 41-1908. Enforcement.
(a) Violation. Any violation of this article constitutes a misdemeanor. (b) Forfeiture of funds. Any individual who sells an inclusionary unit in violation of this article shall be required to forfeit any money in excess of the affordable housing cost at such time. Any individual who rents an inclusionary unit in violation of this article shall be required to forfeit all money so obtained. Recovered funds shall be deposited into the inclusionary housing fund.
(c) Legal actions. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this article, including actions:
(1) To disapprove, revoke, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and (2) For injunctive relief or damages.
(d) Recovery of costs. In any action to enforce this article, or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs.

Sec. 41-1909. Inclusionary housing fund.
(a) Inclusionary housing fund. There is hereby established a separate fund of the city, to be known as the inclusionary housing fund. All monies collected pursuant to this article shall be deposited in the inclusionary housing fund. Additional monies from other sources may be deposited in the inclusionary housing fund. The monies deposited in the inclusionary housing fund shall be subject to the following conditions:
(1) Monies deposited into the inclusionary housing fund must be used to increase and improve the supply of housing affordable to moderate, low, very low, and extremely low income households in the city as specified in the city's affordable housing funds policies and procedures. A priority will be on the creation of affordable housing opportunities or units from the existing market rate housing stock rather than construction of new affordable housing units and on the creation of new affordable housing opportunities for large families currently living in the City. This includes, but is not limited to, the purchase and rehabilitation of units for sale. Monies may also be used to pay for one-time programs for code enforcement, quality of life and general health and safety activities. Monies may also be used to cover reasonable administrative or related expenses associated with the administration of this article. (2) The fund shall be administered by the executive director, or his or her designee, who may develop procedures in the city's affordable housing funds policies and City Council 10 – 14 4/19/2022
Ordinance No. NS-XXX

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procedures to implement the purposes of the inclusionary housing fund consistent with the requirements of this article and any adopted budget of the city. (3) Monies deposited in accordance with this section shall be used in accordance with the affordable housing funds policies and procedures, housing element, consolidated plan, or subsequent plan adopted by the city council to construct, rehabilitate, or subsidize affordable housing or to recapture affordable housing at risk of market conversion, or to assist other government entities, private organizations, or individuals to do so. Permissible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre-home ownership coinvestment, pre-development loan funds, participation leases, or other public-private partnership arrangements. The inclusionary housing fund may be used for the benefit of both rental and owner-occupied housing.
(4) A developer receiving funding from the inclusionary housing fund shall implement a local preference in their resident selection criteria and marketing policies meeting guidelines established by the executive director. (5) A developer receiving funding from the inclusionary housing fund, as well as its contractors and subcontractors at every tier performing work for the new housing units is encouraged to negotiate in good faith to provide the City with an enforceable commitment that a minimum 30% of the labor utilizing 2 or more construction trades be performed by a “Skilled and Trained Workforce” as defined in Public Contract Code section 2601 to complete the construction of the project. If so provided, a minimum of 35% of such labor for the project shall be performed in accordance with local hire policies approved by the City Council.

Sec. 41-1910. Administrative.
(a) In-lieu fee calculation. The amount per square foot of the inclusionary housing inlieu fee shall be subject to city council review and consideration as needed. (b) Administration fees. The council may by resolution establish reasonable fees and deposits for the administration of this article including an annual monitoring fee and an inclusionary housing plan submittal fee.
(c) Monitoring/audits. At the time of initial occupancy, and annually thereafter, the city will monitor the project to ensure that the income verifications are correct and in compliance with the inclusionary housing administrative procedures. For ownership units, the city shall monitor to verify that owner-occupancy requirements are maintained.

Developer/property owners are required to cooperate with the city in promptly providing all information requested by the city in monitoring compliance with program requirements.

The city will conduct periodic random quality control audits of inclusionary units to ensure compliance with rules and requirements. Such audits may include verification of continued occupancy in inclusionary units by eligible tenants, compliance with the City Council 10 – 15 4/19/2022
Ordinance No. NS-XXX

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inclusionary housing plan and agreement, and physical inspections of the residential project.
(e) Administrative procedures. The city manager is hereby authorized and directed to promulgate administrative procedures for the implementation of this article.

Secs. 41-1911—41-1999. Reserved.

Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 6. This Ordinance shall become effective thirty (30) days after its adoption.

Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law.

ADOPTED this _______ day of ___________, 2021.
_________________________
Vicente Sarmiento
Mayor
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 10 – 16 4/19/2022
Ordinance No. NS-XXX

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Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 10 – 17 4/19/2022
2021 List of Entitled Projects Vested Under the
Regulations and Provisions of Ordinance No. NS-2994
The development projects listed in Table 1 have received entitlement approvals by Planning Commission and/or City Council action prior to November 16, 2021, to construct new residential units and are hereby determined to have vested the right to carry out the completion and construction of the project under the regulations and provisions of Ordinance No. NS-2994 (HOO). The vested regulations and provisions shall automatically terminate if any or all of the entitlement approvals become invalid for any reasons or have expired under the various applicable time limits established in the Santa Ana Municipal Code or any applicable State Covid-19 pandemic relief or other applicable time extension provisions. Ordinance No. NS-2994 is incorporated herein by reference.

Table 1. Entitled Projects Vested Under the Regulations and Provisions of Ordinance No. NS-2994 No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements

1. 1122 N. Bewley Street Bewley Townhomes 10 Provide inclusionary units as required under NS-2994 or payment of in-lieu of
$5/sf

2. 301 N. Mountain View Street Mountain View
Townhomes
8 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf

3. 200 N. Cabrillo Park Drive The Madison 260 Provide inclusionary units as required by NS-2994 or payment of in-lieu of $5/sf

4. 1109 N. Broadway One Broadway Plaza 415 $15/sf in-lieu payment under a project Mutual Declaration

5. 3025 W. Edinger Avenue Haphan Townhomes 17 Provide inclusionary units as required by NS-2994 or payment of in-lieu of $5/sf

6. 2800 N. Main Street/Specific
Plan No. 4
MainPlace Mall
Transformation 1,900
residential units
1,900 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf

7. 419 N. Harbor Boulevard
(previously 421 N. Harbor
Boulevard)
Fifth and Harbor
Mixed Use Apartments
94 Provide inclusionary units as required by
NS-2994 or payment of in-lieu of $5/sf

8. 3417 W. Fifth Street West Fifth Villas 8 Provide inclusionary units as required by NS-2994 or payment of in-lieu of $5/sf
The development projects listed in Table 2 have received entitlement approvals by Planning Commission or City Council action prior to November 16, 2021, but did not trigger HOO provisions and have been identified herein for implementation clarity.

Table 2. Entitled Projects Not Triggering HOO requirements No. Project Address Project Name Number of
Dwelling Units
HOO Compliance Requirements

1. 201 W. Third Street 3rd and Broadway 171 HOO provisions not applicable to project

2. 409 E. Fourth Street and 509 E.

Fourth Street
4th and Mortimer 169 HOO provisions not applicable to project

3. 1801 E. Fourth Street Central Pointe 644 HOO provisions not applicable to project

4. 200 E. First American Way Legado at the Met 278 HOO provisions not applicable to project

5. 114 E. Fifth Street and 115 E.

Fifth Street
Rafferty (4th + Main) 220 HOO provisions not applicable to project

EXHIBIT A
City Council 10 – 18 4/19/2022
Community Development Agency
www.santa-ana.org/cd
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Destruction of Obsolete City Records
AGENDA TITLE:

Approve Destruction of Obsolete City Records

RECOMMENDED ACTION
Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution No. 2013-014.

DISCUSSION
On April 1, 2013, the City Council approved Resolution No. 2013-014 ("Resolution"). This Resolution provides to the multiple agencies, departments, and offices of the City, guidance on the retention of City records and how long the records need to be retained.

To assist the City, the Citywide Records Team compiled the Citywide Records Retention Schedule ("Schedule") which sets forth the retention period for a particular record. The Schedule reflects the requirements of the California Public Records Act, is modeled after the California Secretary of State's sample for local government, and incorporates other statutory periods applicable to Santa Ana.

The Resolution attaches the Schedule, which is broken down into multiple sections covering the varied responsibilities and retention periods for a City department. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum retention period requirements.

Section 5.B of this Resolution and the City's Municipal Code require that the City Attorney approve the destruction of a City record. Accordingly, the Executive director of the Community Development Agency lists obsolete records proposed for destruction. A copy of the memorandum was reviewed by staff from the City Attorney's Office and approved by the City Attorney. The memorandum is attached as an exhibit to this staff report.

Destruction of these records will serve to benefit each office with a more efficient access to files and alleviate the City's current storage needs to maintain these obsolete records.

City Council 11 – 1 4/19/2022
Destruction of Obsolete City Records
April 19, 2022

Page 2 ends

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

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

EXHIBIT(S)

1. Request for Destruction of Records - Community Development Agency Submitted By: Daisy Gomez, Clerk of the Council
Approved By: Kristine Ridge, City Manager
City Council 11 – 2 4/19/2022

MEMORANDUM
To:

From:

Sonia Carvalho
City Attorney
Steven A. Mendoz
Assistant Cit
Date: March 17, 2022
Subject: Request For Destruction Of Records
The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2013-014.

City Council 11 – 3 4/19/2022
RECORD

CATEGORY
Payroll
Payroll
Admin
Services
Admin
Services
Admin
Services
General CDA
Economic
Development
Economic
Development
Economic
Development
Economic
Development
Economic
Development
Economic
Development
Economic
Development

CITY OF SANTA ANA

OBSOLETE RECORDS DESTRUCTION SCHEDULE

COMMUNITY DEVELOPMENT AGENCY
APRIL 2022

RECORD RECORD START RECORD RECORD SERIES DESCRIPTION DATE/RETENTION PERIOD PERIOD Exception Forms to charge labor expenditures to January 2013 Sheets applicable Fund and Activity other than 3 years -December home account 2014
Leave of Forms to charge labor expenditures to January 2013 Absence applicable Fund and Activity other than 2 years -December home account 2014
Audited Agency Financial Statements, 10 Years from July 1983 - CDA Reports Redevelopment Agency Annual Report FY date June 2011 (Report to State Controller) Contracts entered into by the Agency and January 1985 City relating to goods, services, legal Agreements settlements and program responsibilities; 4 years -January includes joints powers agreements
2011
Authorization/public December
Bonds hearing/ prospectus/pro posa Is/ Plus 10 yea rs 1985-June certificates/notices (transcripts)/registers/statements 2006
Project Files including correspondence, Prior to Project Files reports, and relevant back-up 3 years January 2012 documentation Workforce Subgrantee Agreements, Plans, September
Investment 6 years 2009 -March
Board (WIB) Participant And Fiscal Reports 2014
Workforce
Investment Procurement Records And RFPS 6 years March 2013 Board (WIB)
Workforce
Investment Act Contracts And Other Backup Data For 6 years July 2008-
(WIA) & Special Processing Invoice June 2011
Projects
Workforce Oversight And Monitoring Reports Investment Act July 2006 - (WIA) & Special Including Backup Data And Program 6 years June 2009 Projects Operator Audit Reports
Workforce January 2013 Investment Act Participant Payroll Records (Timecards, (WIA) & Special Participant Profiles, Payroll Printouts) 6 years -December Projects 2014
Federal Oversight and monitoring reports
Empowerment including backup data and program 5 years October 2014 Zone Grant operator audit reports
Workforce Subgrantee agreements, plans, PY 2001- Investment 6 years Board (WIB) participant and fiscal reports PY 2012
BOX GOVT. CODE NO.

GC 34090 (d) 1
GC 34090 (d) 1
Code of Civil
Procedures
Sec. 337 GC 2
34090
Code of Civil
Procedures
Sec. 337 GC 2
34090
Code of Civil
Procedures 7 Sec. 336a,
337.5
Code of Civil
Procedures
Sec. 337 20
GC 34090
29CFR, Part 1 97.42(b)(2)
29CFR, Part 1 97.42(b)(2)
29CFR, Part 4 97.42(b)(2)
29CFR, Part

97.42(b)(2) 1
29CFR, Part

97.42(8)(2) 1
29CFR, Part

97.42(b)(2) 1
29CFR, Part 3 97.42(b)(2)
City Council 11 – 4 4/19/2022

RECORD RECORD

CATEGORY RECORD SERIES DESCRIPTION
CDBG Loans Paid-Off, CalHome Rehab,
NSP/ANR, Mobile Home Hardship
Housing Loan Files Program Loans Paid-Off, HOME Rehab
Loans. Loans have been forgiven or loans
Paid-Off; Ineligible loan files;
Grant documents and all supporting
documents: applications, reports,
Housing NSP/HOME/ contracts, project files, proposal,
HOPWA statements, sub-recipient dockets,
environmental review, inventory,
consolidated plans, CAPERS, etc.

Development,
Housing General Internal working files including
Subject Files, correspondence
Projects
Housing Housing Planning/Redevelopment Agency files. Programs PREPARED BY:

Bianca p]�L. Zurita
Commission Secretary
RECORDS DESTROYED:
82 Number of Boxes
RECORD START RECORD DATE/RETENTION PERIOD GOVT. CODE
PERIOD
Code of Civil
Procedures 5 Years 2010 - 2016 Sec. 337 GC
34090
200 3 - 2004 GC 34090 24 4 years from CFR 570.502 FY date July 2011- June 2012 24 CFR 85.42
2 Years 2001- 2013 24 CFR 85.42
Plus 2 Years 2001- 2013 GC 34090
CONSENT BY:

Steven A. Mendoza Date
Assistant City Manager/Executive Director
APPROVED BY:

Sonia Carvalho
City Attorney
Date
BOX
NO.
26 3
2 6
for March 29, 2022
City Council 11 – 5 4/19/2022
Finance & Management Services
www.santa-ana.org/finance
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Award Blanket Order Contract for Office Supplies AGENDA TITLE:

Award Contract to Office Depot for the Purchase of Office Supplies in an Annual Amount not to exceed $175,000 for a Two-year Term with Three One-Year Renewal Options (Specification No. 22-061) (General Fund)

RECOMMENDED ACTION
Award a blanket order contract with Office Depot for an annual amount not to exceed $175,000 for the period beginning June 1, 2022 and expiring May 31, 2024 with an option for three one-year renewals, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City utilizes an assortment of office products for its daily operations such as, binders, file folders, writing instruments, calendars, and labels, as well as small office equipment.

Office Depot, the City's current vendor, is the leading provider of core office supplies and products including a wide variety of green/sustainable products. Office Depot has an online ordering system, which provides next-day delivery service, tracking and payment information for the requesting agency, and spend analysis reports for buyers. Over the past five years, the utilization of the online ordering system has significantly reduced citywide office supply expenses and has created efficiencies within departments to secure their orders at a much quicker pace.

Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Region 4 Educational Service Center of Houston entered into Contract No. R190303 with Office Depot for Office Supplies, Related Products and Services through an Omnia Cooperative Agreement. This cooperative procurement allows all public agencies access to discounted pricing.

The City proposes to enter into a cooperative contract with Office Depot for office supplies. Contract R190303 ensures the products and services offered will continue to provide staff with high quality, discounted materials.

City Council 12 – 1 4/19/2022
Award a Blanket Order Contract for Office Supplies
April 19, 2022

Page 2 ends

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

FISCAL IMPACT
Funds for the duration of the contract period, an amount not to exceed $175,000 annually, will be included in various departmental Miscellaneous Operating Expense account (no.63001).

Submitted By: Kathryn Downs, Finance and Management Services Executive Director Approved By: Kristine Ridge, City Manager
City Council 12 – 2 4/19/2022
Information Technology
www.santa-ana.org/it
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Award Purchase Order to Presidio Networked Solutions AGENDA TITLE:

Award a Purchase Order in the Amount of $387,809 to Presidio Networked Solutions for Data Center Server and Storage Infrastructure Equipment (Specification No. 22-014) (Non-General Fund)

RECOMMENDED ACTION
Award a purchase order to Presidio Networked Solutions for HPE Disaggregated Hyperconverged Infrastructure Equipment (dHCI), in the amount of $387,809, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Information Technology (IT) Department provides support to both City Hall and the Santa Ana Police Department (SAPD) data centers, which together house the largest concentration of computer systems used to support City operations. These systems include the City’s financial systems, payroll system, tax systems, permitting system, public safety systems, email system, document management system, and all file share storage.

Each of the data centers has servers that make up a virtual server environment as well as a storage area network (SAN) that provides the data storage. The two SAN environments are both nearing the end of their useful lives as are many of the physical servers used to house the virtual servers and will no longer be supported by the vendor.

To replace the end-of-life servers and SAN environments, staff recommends moving to a Disaggregated Hyperconverged Infrastructure (dHCI). dHCI is a scalable, powerful solution that integrates software defined compute and storage with automation to deliver simplicity, ease of use, and better economics—by collapsing silos and removing complexity. The simplicity of the dHCI environment will allow staff to more finely tune the ratio of compute-to-storage resources, thus reducing overprovisioning and making more efficient use of available resources. The procurement includes one dHCI environment for each of the two City data centers.

City Council 13 – 1 4/19/2022
Award Purchase Order to Presidio Networked Solutions
April 19, 2022

Page 2 ends

The Notice Inviting Bids was advertised on January 28, 2022, on the City’s online bid management and publication system. A summary of the bid invitation and bids received is as follows:
396 Vendors were notified
16 Santa Ana vendors were notified
29 Vendors downloaded the bid packet
4 Bids received
0 Bids received from Santa Ana vendors
The bids were received and opened on February 17, 2022, and evaluated (Exhibit 1). The bids submitted by Presidio Networked Solutions located in Pleasanton, California was determined to be responsive and met the City’s requirements.

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

FISCAL IMPACT
Funds in the amount of $387,809 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
FY 21-22 10920149-
66400
Information
Technology
IT Projects, Machinery &
Equipment
$387,809
Total $387,809
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Kristine Ridge, City Manager
City Council 13 – 2 4/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Purchase of Two Ford Ranger Trucks

AGENDA TITLE
Award a Purchase Order in the Amount of $76,140 to National Auto Fleet Group for Two Ford Ranger XL SuperCrew Trucks for the Parks and Facilities Division of the Parks, Recreation, and Community Services Agency (Specification No. 22-029) (General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford Ranger XL SuperCrew Trucks in the amount of $71,140, plus a contingency of $5,000, for a total amount not to exceed $76,140, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Parks, Recreation, and Community Services Agency (PRCSA) is responsible for the maintenance and care of parks and amenities. PRCSA was approved to hire additional Park Services Inspectors to oversee the maintenance of parks, inspect service provided by contractors, and manage maintenance issues that arise. To accommodate the need for these new inspectors to travel throughout the city to inspect the various parks, PRCSA is requesting approval for the purchase of two Ford Ranger trucks.

Santa Ana Ordinance No. NS-2312 authorizes the City to use purchase contracts from any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint Powers Alliance), awarded a contract to National Auto Fleet Group (Contract No. 091521- NAF) for procurement of Cars, Trucks, Vans, SUVs, Cab Chassis, and Other Vehicles as a result of open competitive bidding on behalf of its members, which include government agencies. Utilizing the contract awarded to National Auto Fleet Group allows the City to make purchases through November 8, 2025, and is in accordance with the City’s existing Purchasing Guidelines.

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

City Council 14 – 1 4/19/2022
Purchase of Two Ford Ranger Trucks
April 19, 2022

Page 2 ends

FISCAL IMPACT
Funds are budgeted and made available in the following account for the specified year.

Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description Amount
2021-22 01113250-66400 General Fund Park Facilities,
Machinery & Equipment $76,140
Submitted By: Lisa Rudloff, Executive Director – Parks, Recreation, and Community Services Agency and Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 14 – 2 4/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Blanket Order Contracts for Equipment Rental

AGENDA TITLE
Award Blanket Order Contracts to Sunbelt Rentals and United Rentals for Equipment Rental in the Annual Aggregate Amount of $80,000, for a One-Year Term with Four, OneYear Renewal Options (Specification No. 22-045) (General and Non-General Fund)

RECOMMENDED ACTION
Award blanket order contracts to Sunbelt Rentals and United Rentals for equipment rental for a one-year period beginning April 20, 2022 and expiring April 19, 2023, with provisions for four, one-year renewals exercisable by the City Manager, in an annual aggregate amount not to exceed $80,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water and sanitary sewer systems and associated facilities. The Parks, Recreation and Community Services Agency (PRCSA) is responsible for the maintenance and repair of City parks and trails. Both agencies rely on rental services to provide the necessary equipment to assist with operations and special projects. Sunbelt Rentals and United Rentals both maintan a comprehensive inventory of rental equipment that meet Water Resources and PRCSA’s needs.

Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts from any public agency employing a competitive bid process. Sourcewell has awarded contracts for equipment rentals to both Sunbelt Rentals (Contract No. 062320-SNB) and United Rentals (Contract No. 062320-URI) and has made them available to public agencies as a result of open competitive bidding. Utilizing the contracts awarded to both vendors will ensure a wide variety of equipment availability while providing an efficient procurement process.

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

City Council 15 – 1 4/19/2022
Blanket Order Contracts for Equipment Rentals
April 19, 2022

Page 2 ends

FISCAL IMPACT
Funds are available in the following accounts for expenditure in Fiscal Year 2021-22, and will be budgeted for future years as follows:

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
Contract (1-Year Term)
06017640-
63001 Water
Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$18,000
2021-22
(April -
June)
01113250-
62320
General
Fund
Park Facilities Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$2,000
Renewal Options (Four 1-Year Terms)
06017640-
63001
Water Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$60,000
2022-23
(July-June) 01113250-
62320
General
Fund
Park Facilities Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$20,000
06017640-
63001
Water Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$60,000
2023-2024
(July-June) 01113250-
62320
General
Fund
Park Facilities Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$20,000
06017640-
63001
Water Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$60,000
2024-25
(July-June) 01113250-
62320
General
Fund
Park Facilities Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$20,000
2025-26 06017640-
63001
Water Water Utility Water
Production and Supply, $60,000
City Council 15 – 2 4/19/2022
Blanket Order Contracts for Equipment Rentals
April 19, 2022

Page 3 ends

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
Miscellaneous Operating
Expenses
(July-June)
01113250-
62320
General
Fund
Park Facilities Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$20,000
06017640-
63001
Water Water Utility Water
Production and Supply,
Miscellaneous Operating
Expenses
$40,000
2026-27
(July-April) 01113250-
62320
General
Fund
Park Facilities Service
Enhancement,
Maintenance & Repair
Buildings & Grounds
$20,000
Total $400,000
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency and Lisa Rudloff, Executive Director – Parks, Recreation, and Community Services Agency Approved By: Kristine Ridge, City Manager
City Council 15 – 3 4/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Lincoln Avenue Water and Sewer Main Improvements

AGENDA TITLE
Approve Appropriation Adjustment, Budget Reallocation, and Award a Construction Contract to Big Ben, Inc. in the Amount of $1,453,765 for the Lincoln Avenue Water and Sewer Main Improvements Project, with an Estimated Project Delivery Cost of $2,000,000 (Project No. 22-6468 and 22-6620) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize $500,000 of prior-year fund balance in the Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account, and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account. (Requires five affirmative votes)

2. Award a construction contract to Big Ben, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,453,765, for construction of the Lincoln Water and Sewer Main Improvements Project, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

4. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program to include $500,000 in construction funds for the Lincoln Avenue Water and Sewer Improvements Project.

City Council 16 – 1 4/19/2022
Lincoln Avenue Water and Sewer Main Improvements
April 19, 2022

Page 2 ends

DISCUSSION
The Public Works Agency’s Water Resources Division staff monitors the condition of water main pipelines by assessing critical factors such as history of breaks, pipe size, alignment, location, and system redundancy to determine replacement priorities. The water main on Lincoln Avenue, as well as sewer laterals, have been identified for replacement (Exhibit 1).

The improvements include a new polyvinyl chloride (PVC) water main, fire hydrants, water services, sewer laterals, appurtenances, asphalt concrete pavement, and traffic striping.

Once completed, water service reliability and general service quality will improve significantly. In addition, the potential for disruption due to water main breaks will be substantially reduced.

The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on March 17, 2022.

The City notified a total of 647 regional vendors via PlanetBids, 21 of which are Santa Ana based. Fifty-eight vendors requested bidding documents. A total of four bids were received. However, no bids were received from Santa Ana contractors.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 Big Ben, Inc. Irvine $1,453,765
2 Excel Paving Co. Long Beach $1,674,170
3 DOJA INC. Ontario $2,100,000
4 Colich & Sons L.P. Gardena $2,654,475
All four bids were deemed responsive. Big Ben, Inc. submitted the lowest responsive base bid, in the amount of $1,453,765 (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 Big Ben, Inc. in the amount of the base bid totaling $1,453,765 (Exhibit 3). Big Ben, Inc. has completed the Centennial Park Neighborhood Water Main Improvements and the Baker-Glenwood Sewer Main Improvements projects in the City.

City Council 16 – 2 4/19/2022
Lincoln Avenue Water and Sewer Main Improvements
April 19, 2022

Page 3 ends

Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,000,000.

Project Item Total
Construction Contract $1,453,765
Construction Administration, Inspection, Testing $218,000 Contingencies $228,235
Water Engineering $100,000
TOTAL CONSTRUCTION DELIVERY COST $2,000,000
Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 5) will officially incorporate this project into the program.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $2,000,000, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested appropriation adjustments will recognize sufficient funds to complete the funding to deliver the project (Exhibit 5).

Recognize $500,000 from Water Fund, Public Works Water Revenue, Prior Year Carryforward revenue account (No. 06017002-50001) and appropriate the same amount to the Acquisition & Construction, Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301) The following table summarizes the funds budgeted and available for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be carried forward for expenditure in the following fiscal year, if needed.

City Council 16 – 3 4/19/2022
Lincoln Avenue Water and Sewer Main Improvements
April 19, 2022

Page 4 ends

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
Prior Authorized Funds
2021-22 06617647-66301
(22-6468)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$800,000
2021-22 05417647-66220
(22-6620)
Sanitary Sewer
Capital
Capital Recovery
Charges,
Improvements Other
Than Building
$700,000
Appropriation Adjustments
2021-22 06617647-66301
(22-6468)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$500,000
TOTAL: $2,000,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. FY 2021-22 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 16 – 4 4/19/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project Nos. 22-6468 & 22-6620:

Lincoln Avenue Water & Sewer Improvements
Exhibit 1

PROJECT

LOCATION
City Council 16 – 5 4/19/2022
EXHIBIT 2
City Council 16 – 6 4/19/2022
City Council 16 – 7 4/19/2022
City Council 16 – 8 4/19/2022

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
rev. 09/01/2017 Page 1 of 3
PROJECT NOS. 22-6468 & 22-6620

LINCOLN AVENUE WATER & SEWER MAIN IMPROVEMENTS
This CONSTRUCTION CONTRACT is made and entered into this 19th day of April, 2022 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Big Ben, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Lincoln Avenue Water & Sewer Main Improvements (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
 Notice Inviting Bids
 Information to Bidders
 Bid Proposal
 Bid Bond
 Contract Form
 Contract Bonds
 General Provisions
 Special Provisions
 Technical Provisions and Project Plans
 Community Workforce Agreement
 Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Four Hundred Fifty-Three Thousand Seven Hundred Sixty-Five Dollars and No Cents ($1,453,765.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A.” The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

City Council 16 – 9 4/19/2022

Page 2 of 3 ends

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf.

7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 16 – 10 4/19/2022

Page 3 of 3 ends

(iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA

DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney Big Ben, Inc.

By:

JOHN FUNK SEP SHARIFI
Senior Assistant City Attorney President
RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
N FUNK
Sep
Sharifi
Digitally signed by Sep Sharifi
DN: cn=Sep Sharifi, o, ou,
email=sep@bigbenengineerin
g.com, c=US
Date: 2022.03.31 23:28:41
-07'00'
City Council 16 – 11 4/19/2022
City Council 16 – 12 4/19/2022
City Council 16 – 13 4/19/2022
City Council 16 – 14 4/19/2022
EXHIBIT 4
Construction Contract $ 1,453,765.00
Contract Administration, Inspection and Testing $ 218,000.00 Contingencies $ 228,235.00
Water Engineering $ 100,000.00
TOTAL ESTIMATED CONSTRUCTION COSTS 2,000,000.00 $
CONSTRUCTION OF PROJECT NOS. 22-6468 & 22-6620: LINCOLN AVENUE

WATER & SEWER IMPROVEMENTS

COST ANALYSIS
City Council 16 – 15 4/19/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

This project will replace aging water distribution pipelines and related appurtenances including fire hydrants and valves along Lincoln Ave from Washington Ave to Santa Ana Blvd.

PROJECT NEED:

Replacement of obsolete water mains to ensure system reliability and to protect water quality.

PROJECT TITLE:

Lincoln Avenue Water Main
Improvements
PROJECT CATEGORY:

Utility/Drainage/Lighting
Improvements
Water Improvements

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Water Resources Armando Fernandez, Senior Civil Engineer 24-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 1,300,000 - - - - - -
TOTAL 1,300,000 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 WATER CAPITAL 1,300,000 - - - - - -
TOTAL 1,300,000 - - - - - -
EXHIBIT 5
City Council 16 – 16 4/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Construction Contract Award for MacArthur Boulevard Resurfacing

AGENDA TITLE
Award a Construction Contract to All American Asphalt in the Amount of $823,333 for the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street, Fiscal Year (FY) 2021-22, with an Estimated Project Delivery Cost of $1,127,000 (Project No. 20- 6957) (Non-General Fund)

RECOMMENDED ACTION

1. Authorize budget reallocation of $126,576 in unspent HUTA 2103 Gas Tax funds to the MacArthur Boulevard Resurfacing Project from Flower Street to Main Street (No. 20-6957) from the Gas Tax Local Street Improvements Project (No. 20-6956).

22. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,127,000, which includes $823,333 for the construction contract, $113,334 for contract administration, inspection and testing, and a $190,333 project contingency for unanticipated, unforeseen work, and additional nearby asphalt pavement improvements.

DISCUSSION
The City's Pavement Management Program (PMP) has been developed to prioritize and recommend the most cost-effective roadway repairs, and maximize the return from available funding for street pavement. The segment of MacArthur Boulevard, from Flower Street to Main Street (Exhibit 1), is identified as a high priority for pavement rehabilitation in the PMP.

This work includes reconstruction/resurfacing of existing pavement and replacement/ installation of missing and damaged curbs, gutters, sidewalks, and curb ramps within this street segment. The proposed contract has favorable bid pricing for asphalt pavement City Council 17 – 1 4/19/2022
Construction Contract Award for MacArthur Boulevard Resurfacing April 19, 2022

Page 2 ends

repair. As a result, the project contingency amount is being increased to 23 percent to perform additional asphalt repairs in the surrounding areas as necessary.

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 December 20 and 27, 2021. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on January 18, 2022.

The City notified a total of 1,216 regional vendors via PlanetBids, 77 of which are Santa Ana based. Forty-four vendors requested bidding documents. A total of five 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 $823,333
2 R.J. Noble Company Orange $866,058
3 Hardy & Harper Inc. Lake Forest $870,000
4 EBS General Engineering Inc. Corona $928,526
5 Excel Paving Co Long Beach $972,348
A total of five bids were received and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $823,333 (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 $823,333 (Exhibit 3).

All American Asphalt has worked on various projects for the City of Santa Ana throughout the last several years. The most recent projects are Bristol Street Protected Bike Lanes Project from Edinger Avenue to First Street, Residential Street Repair Program, and Flower Street Rehabilitation from McFadden Avenue to First Street.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected, unforeseen conditions, and additional nearby asphalt pavement improvements. Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to City Council 17 – 2 4/19/2022
Construction Contract Award for MacArthur Boulevard Resurfacing April 19, 2022

Page 3 ends

ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,127,000.

Project Item Total
Construction Contract $823,333
Construction Administration, Inspection, Testing $113,334 Contingencies $190,333
TOTAL CONSTRUCTION DELIVERY COST $1,127,000
Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 5) will officially incorporate this project into the program.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,127,000.00 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

EXISTING PROJECT BUDGET
2021-22 05917665-66220
(20-6957)
Select Street
Construction
HUTA Gas TaxRMRA, Improvements
Other Than Building
$1,000,424

BUDGET REALLOCATION
2021-22
05917663-66220
(From Proj. 20-6956
To Proj. 20-6957)
Select Street
Construction
HUTA 2103 Gas Tax,
Improvements Other
Than Buildingdff
$126,576
Total $1,127,000

EXHIBIT(S)

1. Location Map

2. Bid Proposal
City Council 17 – 3 4/19/2022
Construction Contract Award for MacArthur Boulevard Resurfacing April 19, 2022

Page 4 ends

3. Construction Contract

4. Cost Analysis

5. CIP Worksheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 17 – 4 4/19/2022
PWA Exhibit 1

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 20-6957:

MACARTHUR BOULEVARD
RESURFACING: FLOWER STREET TO

MAIN STREET
Project Location
City Council 17 – 5 4/19/2022
179.00

90.00 6.10

0.25 0.17
106.00

7.38 12.98

15.79 45.60

31.84 16.78

18.00 64,440.00
92,700.00
99,674.00
36,750.00
9,571.00
243,800.00
19,188.00
5,192.00
17,369.00
18,240.00
6,368.00
11,746.00
107,460.00
City Council 17 – 6 4/19/2022
265.00
1,060.00
1,500.00
1,500.00
950.00
1,200.00
300.00
2,650.00
18,600.00
1,500.00
1,325.00
1,060.00
12,000.00
10,500.00
950.00
2,400.00
22,200.00
5,300.00
18,600.00
10,500.00
City Council 17 – 7 4/19/2022
823,333.00
City Council 17 – 8 4/19/2022
City Council 17 – 9 4/19/2022
City Council 17 – 10 4/19/2022
City Council 17 – 11 4/19/2022
City Council 17 – 12 4/19/2022
City Council 17 – 13 4/19/2022
City Council 17 – 14 4/19/2022
EXHIBIT 4
Construction Contract $ 823,333.00
Contract Administration, Inspection and Testing $ 113,333.70 Contingencies $ 82,333.30
TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,019,000.00
CONSTRUCTION OF PROJECT NO. 20-6957: MacArthur Boulevard Project From Flower to Main

COST ANALYSIS
City Council 17 – 15 4/19/2022
PROJECT TITLE:

MacArthur Boulevard Resurfacing: Flower to
Main
PROJECT CATEGORY:

Street Improvements -
Arterial Street Rehabilitation
PROJECT NEED:

The City's Pavement Management Program (PMP) has
been developed to prioritize and recommend the most
cost-effective roadway repairs, and maximize the return from available funding for street pavement. This
segment of MacArthur Boulevard pavement
rehabilitation is identified as a high priority in the PMP.

PROJECT DESCRIPTION:

Reconstruction/resurfacing of existing pavement and
replacement/installation of missing or damaged, curbs,
gutters, sidewalks, driveway approaches, and
wheelchair ramps within this segment of roadway.

SOURCE OF FUNDS FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 RMRA SB1 $1,100,000
TOTAL $1,100,000
PROJECT COSTS FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Construction $1,019,000
Engineering $81,000
TOTAL $1,100,000

LOCATION MAP
CONTACT: DATE:
24-May-2019
AGENCY
Public Works Agency
DIVISION:

Design Engineering Kenny Nguyen, Senior Civil Engineer
- 13 -
CITY OF SANTA ANA FY 19/20 CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
City Council 17 – 16 4/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Local Street Sidewalk Improvements

AGENDA TITLE
Award a Construction Contract to CJ Concrete Construction Inc. in the Amount of $276,430 for the Local Street Sidewalk Improvements FY 2021-22 Project with an Estimated Project Delivery Cost of $373,060 (Project No. 22-7535) (Non-General Fund)

RECOMMENDED ACTION

1. Award a construction contract to CJ Concrete Construction Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $276,430, for construction of the Local Street Sidewalk Improvements FY 2021-22, for the term beginning April 19, 2022 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve an amendment to the Fiscal Year 2021-22 Capital Improvement Program adding the Residential Street Repair Program FY 2021-22 Project with a budget of $373,060 in Community Development Block Grant (CDBG) funds.

DISCUSSION
Staff evaluates the condition of damaged sidewalks, curbs, gutters and driveways to identify uneven surfaces and cracks that may pose a risk to pedestrians. The goal is to improve accessibility for pedestrians and increase active modes of transportation, such as walking and biking.

The Local Street Sidewalk Improvements project involves replacement of existing damaged concrete sidewalks in residential neighborhoods and will include the removal and replacement of adjacent damaged concrete curbs, gutters and driveways. The project will focus on areas with the highest concentration of needed repairs to help mitigate trip City Council 18 – 1 4/19/2022
Award Construction Contract to CJ Concrete Construction Inc.

April 19, 2022

Page 2 ends

and fall hazards, and assist in complying with regulations set forth by the American with Disabilities Act (Exhibit 1).

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 31 and February 8, 2022. The project was also advertised on PlanetBids, and bids were received electronically via PlanetBids on February 22, 2022.

The City notified a total of 1,360 regional vendors via PlanetBids, 81 of which are Santa Ana based. Forty-one vendors requested bidding documents. A total of 7 bids were received, one of which was received from a Santa Ana contractor.

Bid Results Summary
RANK BIDDER’S NAME LOCATION BASE BID
1 CJ Concrete Construction Inc. Santa Fe Springs $276,430 2 EBS General Engineering Inc. Corona $300,900
3 Diamond Construction and Design La Habra $368,460
4 DOJA Inc. Ontario $374,050
5 Aneen Construction Inc. Riverside $388,620
6 HZS Engineering and Construction Santa Ana $622,550
7 CT&T Concrete Paving Inc. Diamond Bar $626,500
A total of seven bids were received, and all were deemed responsive. CJ Concrete Construction Inc. submitted the lowest responsive base bid in the amount of $276,430 (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 CJ Concrete Construction Inc. in the amount of the base bid totaling $276,430 (Exhibit 3). In the past five years, CJ Concrete Construction has performed concrete repairs throughout the City.

Construction administration and inspection includes the following: construction management; implementation of the City’s Community Workforce Agreement requirements; inspection of the Contractor’s work to ensure contract compliance, City Council 18 – 2 4/19/2022
Award Construction Contract to CJ Concrete Construction Inc.

April 19, 2022

Page 3 ends

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 $373,060. Because the construction bids came in lower than anticipated, the contingency was increased to take advantage of lower costs and to maximize the allocation of CDBG funding. This will allow additional street improvements to be completed beyond the anticipated scope.

Project Item Total
Construction Contract $276,430
Construction Administration, Inspection, Testing $41,465 Contingencies $55,165
TOTAL CONSTRUCTION DELIVERY COST $373,060
Approval of the amendment to the FY 2021-22 Capital Improvement Program (Exhibit 5) will officially incorporate this project into the program.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2022-3 was filed for the project. Additionally, a National Environmental Policy Act (NEPA), Environmental Review was conducted and was determined that project was Categorically Excluded (Not Subject to 58.5).

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $373,060.00, which includes construction, contract administration, inspection, testing, and an authorized contingency. With the approval of the amendment to the Fiscal Year 2021-22 Capital Improvement Program will officially incorporate this project into the program. Funding in the amount of $373,060 is available from Community Development Block Grant (CDBG) funds to deliver this project. All Funds are available for expenditure in Fiscal Year 2021-22, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2022-23.

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
City Council 18 – 3 4/19/2022
Award Construction Contract to CJ Concrete Construction Inc.

April 19, 2022

Page 4 ends

2021-22 13518783-66220
(22-7535)
Community
Development
Block Grant
CDBG Programs,
Improvements Other Than
Building
$373,060
Total $373,060

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. Amend FY 2021-22 CIP Project Street
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 18 – 4 4/19/2022
PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 22-7535:

Local Street Sidewalk Improvements
City Council 18 – 5 4/19/2022
City Council 18 – 6 4/19/2022
City Council 18 – 7 4/19/2022
 
City Council 18 – 84/19/2022 
 
City Council 18 – 94/19/2022 
 
City Council 18 – 104/19/2022 
 
City Council 18 – 114/19/2022 
 
City Council 18 – 124/19/2022 
EXHIBIT 4
Construction Contract $ 276,430.00
Contract Administration, Inspection and Testing $ 41,465.00 Contingencies $ 55,165.00
TOTAL ESTIMATED CONSTRUCTION COSTS $ 373,060.00
CONSTRUCTION OF PROJECT NO. 22-7535: Local Street Sidewalk Improvements

COST ANALYSIS
City Council 18 – 13 4/19/2022
CITY OF SANTA ANA FY 21/22CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Project involves replacement of existing damaged concrete sidewalks in residential neighborhoods and will include the removal and replacement of adjacent damaged concrete curbs, gutter and driveways. Project will focus on areas with the highest concentration of needed repairs, to help mitigate trip and fall hazards and reducing potential of liability claims and assist in complying with regulations set forth by the American with Disabilities Act.

PROJECT NEED:

Staff evaluates the condition of damaged sidewalks, curbs, gutters and driveways to identify uneven surfaces and cracks that may pose a risk to pedestrians. The goal is to improve safe walking accessibility for pedestrians and increase active modes of transportation, such as walking and biking.

PROJECT TITLE:

Local Street Sidewalk Improvements
PROJECT CATEGORY:

Street Improvements
Street/Bridge Improvements &
Widening

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Gilbert Castillo, Senior Engineer 22-Mar-2022 PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Construction 373,064 - - - - - -
TOTAL 373,064 - - - - - -
SOURCE OF FUNDS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 CDBG Programs 373,064 - - - - - -
TOTAL 373,064 - - - - - -
City Council 18 – 14 4/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Time Extension of Measure M2 CTFP Construction Grant Funds

AGENDA TITLE
Approve Submittal of Request for Time Extension of the Measure M2 Comprehensive Transportation Funding Program for Warner Avenue Improvements Phase 2 and Bristol Street and Memory Lane Projects (Project No. 14-6802 and 17-6883) (Non-General Fund)

RECOMMENDED ACTION
Authorize the Public Works Agency to request a two-year time extension of Measure M2 Comprehensive Transportation Funding Program construction funds for the Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project (21-SNTA-ACE3997) and for Bristol Street and Memory Lane Intersection Improvements (21-SNTA-ICE3995).

DISCUSSION
The Warner Avenue Improvements, Phase 2, from Oak Street to Grand Street project and the Bristol Street and Memory Lane Intersection Improvements project were awarded $10,088,805 in construction funding by the Orange County Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program (CTFP) for Fiscal Year 2021-22.

The Warner Avenue improvements from Oak Street to Grand Street include adding sidewalks and bike lanes, undergrounding utilities, and widening the roadway from the existing four lanes to six lanes. In addition to the on-street, dedicated Class II bike lanes and ADA-compliant sidewalks, the project includes a raised landscape median and landscaped parkway buffer, both with drought-tolerant plants.

Bristol Street and Memory Lane Intersection Widening Improvements involve the widening of Bristol Street immediately north of Memory Lane to accommodate an additional through southbound lane. Additionally, the proposed improvements would include the construction of a sidewalk, curb and gutter, pavement, signal modification, and curb ramps.

City Council 19 – 1 4/19/2022
Time Extension of Measure M2 CTFP Construction Grant Funds April 19, 2022

Page 2 ends

In accordance with CTFP guidelines, the construction phases for these projects must be awarded by June 30, 2022. Acquisition and relocation activities need to be completed before construction can begin, and despite diligent efforts to prepare these projects for construction, additional time is needed in order to complete the right-of-way acquisition before construction contracts can be awarded.

CTFP guidelines provide a one-time, two-year extension of Measure M2 CTFP funding, which will allow sufficient time to complete acquisitions and prepare the project for construction. The request also helps avoid a potential lapse in grant funding. The table below summarizes the request:

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

FISCAL IMPACT
If the Recommended Action is not approved the City will relinquish $10,088,805 in awarded construction grant funding that will expire.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
Project Name Resolution for
Application
Funding
Amount
OCTA Board
Approval /
Programmed FY
Extension
Request
Warner Avenue
Improvements from Oak
St. to Grand Ave.

November 17, 2020
Res. no. 2020-084
$9,076,305 May, 2021
FY 2021-22
2-yr. time
extension
Bristol Street and Memory
Lane Intersection
Improvements
November 17, 2020
Res. no. 2020-085
$1,012,500 May, 2021
FY 2021-22
2-yr. time
extension
City Council 19 – 2 4/19/2022
Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
AGENDA TITLE:

Approve a License Agreement with NOVA Academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan

RECOMMENDED ACTION
Approve a license Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan for the period of April 19, 2022 to June 30, 2025 with two, one-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The NOVA academy, located at 500 W Santa Ana Boulevard, has contacted the City in the hopes of making arrangements to use Birch Park and Sasser Park as off-site locations for their Emergency Evacuation Plan. In addition to evacuating in the case of an emergency, NOVA will utilize the site for earthquake (four annually), fire (four annually), and lockdown (two annually) drills. The City understands their need for such a space to be identified for the safety of their students and faculty. Therefore, the City recommends entering into a license agreement with NOVA academy. Use of these sites under the license agreement is limited to emergency needs. Other uses of the site will be processed through the customary facility reservation process.

Due to the nature of use, protection of students and staff in the event of an emergency, the City shall not charge a fee as part of the license agreement.

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. License Agreement
City Council 20 – 1 4/19/2022
License Agreement with NOVA academy for use of Birch Park and Sasser Park for an Emergency Evacuation Plan
April 19, 2022

Page 2 ends

Submitted By: Lisa Rudloff, Executive Dir. of Parks, Recreation and Community Services
Approved By: Kristine Ridge, City Manager
City Council 20 – 2 4/19/2022
City Council 20 – 3 4/19/2022
City Council 20 – 4 4/19/2022
City Council 20 – 5 4/19/2022
City Council 20 – 6 4/19/2022
City Council 20 – 7 4/19/2022
City Council 20 – 8 4/19/2022
Secondary Reunification Point: Senior Center
Exit the building using the nearest stairwell.

Make sure your entire class makes it safely across the street.

Safety Captains: Lee (2nd floor), Bahner (3rd Floor), Goodheart (4th Floor)

1. Bahner

2. Carmody

3. Dann

4. Delgado

5. Dibblee

6. Fong

7. Goodheart

8. Hobbis

9. Jahed

10. Jimenez

11. Lee

12. Lemtouni

13. Mitchell

14. Poff

15. Ramberg

16. Santillan

17. Tripp & Vivas Lara

18. Vidaurre

19. Wilson
Command Center:
• Office Staff
• Counseling Staff
• Support Staff
• Business Office Staff
City Council 20 – 9 4/19/2022
City Council 20 – 10 4/19/2022
Finance and Management Services
www.santa-ana.org/finance
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Data Processing, Printing and Mailing, and Electronic Bill Present Services AGENDA TITLE:

Approve Renewal Agreement with InfoSend, Inc. for Data Processing, Printing and Mailing, and Electronic Bill Present Services in an amount not to exceed $10,904,376 (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a renewal agreement with InfoSend, Inc. for data processing, printing and mailing, and electronic bill presentment services for Municipal Utility Services, Business License, Proactive Residential Enforcement Program, Dog Licensing, Paramedic Subscriptions, and City newsletters and other City-related miscellaneous mailing notices. Said renewal agreement is to be for an amount not to exceed $10,904,376, which includes a 15% contingency funding for annual Cost Price Index (“CPI”) adjustments and a further 15% contingency set-aside for anticipated United States postage increases – altogether totaling $2,516,394 over the maximum 8½-year life of the agreement. The renewal agreement commences April 19, 2022 and contains a base term covering FY 2021-22, 2022-23, 2023-24 and FY 2024-25, expiring December 31, 2025, with provision for two renewal options of three years, and one year, respectively, ending December 31, 2029.

DISCUSSION
The Treasury & Customer Service Division ("Treasury") of the Finance and Management Services Agency (“FMSA”) is responsible for the billing and payment processing for Municipal Utility Services (“MUS”) accounts, Business Licenses, and Proactive Residential Enforcement Program (“PREP”) accounts, Dog Licenses, and Paramedic Subscription services. Billing and payment services require data processing, printing and mailing services, and e-business services (electronic billing and payment presentation (“EBPP”) online and/or accepting and reporting payment transactions via the internet).

InfoSend, Inc.’s (“InfoSend”) scope of bill print services include, but are not limited to, the following: data processing, printing, and mailing services. InfoSend's data processing, printing, and mailing services encompass the following City operations: MUS, Business License, PREP, and Dog Licenses, and include other City-related miscellaneous mailings of associated billing statements, notices, advisories, form correspondence, as well as City City Council 21 – 1 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 2 ends

newsletters and a variety of other miscellaneous independent communications or notices.

InfoSend’s EBPP services include an online bill payment portal for Dog Licensing.

InfoSend is a full billing services provider and utilizes the most current technology and offers an innovative approach with flexible and secure solutions for organizations such as the City, who seek outsourced data processing, printing, mailing, and electronic presentment and/or payment services. The City has benefitted from InfoSend business perspective as they have recognized the City’s unique needs and have personalized the way they build solutions for the City’s data processing, printing, mailing, and electronic presentment services. InfoSend is fundamentally involved with and has extensive knowledge of, the City’s data processing, bill printing, mailing, and EBPP services. In addition, despite significant anticipated increases in USPS postal rates, InfoSend has agreed to maintain the City’s current postage deposit on hand in the amount of $13,040.

InfoSend is able to solely-handle all requested data processing, print, mail services, and associated e-business services. Their professional services include project management for each print job from beginning to end, as well as providing a high level of quality assurance through their Quality Control Department by checking mail files at multiple stages throughout the production process. InfoSend’s information technology, document formatting, electronic payment service, and document production currently integrates seamlessly into our various existing Treasury billing structures, as it presently generates all electronic document files, exchanges them with other integrated vendors, inserts mailing pieces, meters postage, and prepares all mail items for delivery.

All standard paper and envelopes sourced by InfoSend are Sustainable Forestry Initiative Certified (“SFI”). The SFI program is a comprehensive system of principles, objectives and performance measures developed by professional foresters, conservationists and scientists, among others that combines the perpetual growing and harvesting of tress with the long-term protection of wildlife, plants, soil and water quality. InfoSend’s standard double window #10 and single window #9 envelopes are sustainably produced and are provided to clients at no cost. Additionally, because of ongoing worldwide shortages of certain paper grades (the most affected type being recycled paper stock) and as a response to their client’s ongoing needs, InfoSend during this time has worked closely with their current suppliers and have established new vendor relationships to ensure an uninterrupted supply of paper stock (which is SFI Certified) to protect against any unexpected disruptions in the supply chain.

Furthermore, beginning in Fiscal Year 2019-20, the Finance and Management Services (“FMSA”), Public Works (“PWA”), and Information Technology (“IT”) agencies undertook development of a program for the implementation of Advanced Metering Infrastructure (“AMI”) to provide modern smart metering services for the City’s water utility operation and for MUS customers to which InfoSend’s services are tied. In March 2020, Treasury started a comprehensive upgrade to the City's existing water, sewer, sanitation, and City Council 21 – 2 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 3 ends

refuse customer information service/utility billing system, enQuesta, to ensure the City is keeping up with best practices as they relate to utility customer service, billing technology, and to ensure compatibility with AMI systems. The AMI program is dependent on expanded use of the City’s upgraded MUS enQuesta system, with which InfoSend’s services are integrated. InfoSend's services directly support and are bilaterally integrated with this comprehensive upgrade. The cost to implement an equivalent bill print and ebusiness service provider is unknown, but would require new software and substantial additional integration expenses to the City as InfoSend is fully integrated into all Treasury programs that require bill print/e-business services.

In connection with the AMI program development, PWA has launched an Awareness and Education Campaign as a sustained effort to educate residents and boost public awareness about AMI smart metering services for the City. As a response to the COVID19 pandemic, the City launched various community assistance programs to provide much-needed services to the City’s residents and business community. Inclusively, the City adopted a Rent Stabilization Ordinance effective November 19, 2021, which requires mailing notices to various tenants and Santa Ana rental property owners. For these community outreach reasons and because InfoSend is the City’s data processing, printing, and mailing service provider, budgeted amounts for the other agencies, like the City Manager’s Office (“CMO”), who use InfoSend’s printing and mailing services, need to be expanded to cover service use and avoid overspending maximum compensation spending caps.

In addition to the data processing, printing and mailing, and e-business services, there are other related critical payment processing agreements, like the City’s walk-in cashiering station merchant processing services, online cloud-based electronic billing and payment presentation/bill print services, and 24-7/365 walk-up payment kiosk services.

Based on the synchronization of all of these payment-processing services, the City will achieve full PCI-DSS compliance, thereby transferring future credit card fraud liability from the City to the payment card providers. The enQuesta agreement with which this InfoSend renewal agreement is synchronized runs through December 31, 2025, with optional extensions through December 31, 2029. Moreover, the renewal agreement for the City’s integrated Interactive Voice Response (“IVR”) contract, which was approved by the City Council on August 17, 2021, was constructed to be co-extensive with the underlying Systems & Software enQuesta Municipal Utility Services billing system software agreement because they are integrated and effectively are sole-source providers due to their extensive and expensive custom software systems integrations.

Therefore, staff recommends the approval of a renewal agreement with InfoSend to assure annual data processing, printing and mailing, and e-business services for the City.

By approving the InfoSend renewal agreement, the City Council will be harmonizing agreements with other critical payment processing contracts, such as the enQuesta/AMI integrated project agreements.

City Council 21 – 3 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 4 ends

Below is a breakdown of costs, including the optional costs:

City Agency Contracted
Amount
Contingency
(Plus
Annual CPI
Increases)
Annual
Postal Rate
Increases
Maximum
Amount
FMSA - Treasury & Customer Service $2,457,696 $368,654 $368,654 $3,195,004 FMSA - Service Enhancement $409,616 $61,442 $61,442 $532,500 PWA - Water Miscellaneous Expenses $3,264,420 $489,663 $489,663 $4,243,746 PWA - Refuse Collection Service $455,000 $68,250 $68,250 $591,500 CMO - General $170,000 $25,500 $25,500 $221,000
CMO - General Non-Departmental $170,000 $25,500 $25,500 $221,000 CMO - Revive Fund $80,000 $12,000 $12,000 $104,000
SAPD - Fiscal & Budget $425,000 $63,750 $63,750 $552,500 CDA - Inclusionary Housing Fund $233,750 $35,063 $35,063 $303,876 CDA - Housing Authority-Vouchers ADM $170,000 $25,500 $25,500 $221,000 CDA - Service Enhancement $85,000 $12,750 $12,750 $110,500 CDA - Economic Development $42,500 $6,375 $6,375 $55,250 PRCSA - Recreation & Comm. Svs. $212,500 $31,875 $31,875 $276,250 PRCSA - Park Facilities $212,500 $31,875 $31,875 $276,250 Totals: $8,387,982 $1,258,197 $1,258,197 $10,904,376

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

FISCAL IMPACT
Funds for this renewal agreement and services are budgeted and available in the FMSA – Treasury & Customer Service Contract Services-Professional (No. 01110130-62300); FMSA – Service Enhancement Contract Services-Professional (No. 01110017-62300); PWA Water – Miscellaneous Expenses (No. 06017642-65220); PWA – Refuse Collection Service Contract Services-Professional (No. 06917640-62300); CMO – Contract Services-Professional (No. 01103010-62300); CMO – General Non-Departmental Contract Services-Professional (No. 01105015-62300); CMO – Revive Fund Contract Services-Professional (No. 18103013-62300); SAPD – Fiscal & Budget (No. 01114401- 63001); CDA – Inclusionary Housing Fund (No. 41718820-62300); CDA – Housing Authority-Vouchers ADM (No. 14018760-62300); CDA – Service Enhancement (No. 01118017-62300); CDA – Economic Development (No. 01118810-62300); PRCSA – Recreation & Comm. Svs. (No. 01113230-63001); PRCSA – Park Facilities (No. 01113250-63200). Funds will be budgeted for expenditure as follows:

City Council 21 – 4 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 5 ends

FY
Accounting
Unit -
Account
No.

Fund
Description
Accounting Unit -
Accounting No.

Description
Contracted
Amount
Contingency
(Plus Annual
Postage Rate
& CPI
Increases)
Maximum
Amount
01110130-
62300
FMSA -
Treasury &
Customer
Service
Contract Services
Professional $288,462 $86,538 $375,000
01110017-
62300
FMSA -
Service
Enhancement
Contract Services
Professional $48,077 $14,424 $62,501
06017642-
65220
PWA Water –
Miscellaneous
Expenses
Treasury/Accounting
Services Charges $384,615 $115,384 $499,999
06917640-
62300
PWA - Refuse
Collection
Service
Contract Services
Professional $80,000 $24,000 $104,000
01103010-
62300
CMO -
General
Contract Services
Professional $20,000 $6,000 $26,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $20,000 $6,000 $26,000
18103013-
62300
CMO - Revive
Fund
Contract Services
Professional $20,000 $6,000 $26,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $20,000 $6,000 $26,000
2021-
22 01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
City Council 21 – 5 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 6 ends

01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

PRCSA -
Park Facilities
Contract Services
Professional $25,000 $7,500 $32,500
01110130-
62300
FMSA -
Treasury &
Customer
Service
Contract Services
Professional $288,462 $86,538 $375,000
01110017-
62300
FMSA -
Service
Enhancement
Contract Services
Professional $48,077 $14,424 $62,501
06017642-
65220
PWA Water -
Miscellaneous
Expenses
Treasury/Accounting
Services Charges $384,615 $115,384 $499,999
06917640-
62300
PWA - Refuse
Collection
Service
Contract Services
Professional $50,000 $15,000 $65,000
01103010-
62300
CMO -
General
Contract Services
Professional $20,000 $6,000 $26,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $20,000 $6,000 $26,000
18103013-
62300
CMO - Revive
Fund
Contract Services
Professional $20,000 $6,000 $26,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
2022-
23 14018760-
62300
CDA -
Housing
AuthorityContract Services
Professional $20,000 $6,000 $26,000
City Council 21 – 6 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 7 ends

Vouchers
ADM
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

PRCSA -
Park Facilities
Contract Services
Professional $25,000 $7,500 $32,500
01110130-
62300
FMSA -
Treasury &
Customer
Service
Contract Services
Professional $288,462 $86,538 $375,000
01110017-
62300
FMSA -
Service
Enhancement
Contract Services
Professional $48,077 $14,424 $62,501
06017642-
65220
PWA Water -
Miscellaneous
Expenses
Treasury/Accounting
Services Charges $384,615 $115,384 $499,999
06917640-
62300
PWA - Refuse
Collection
Service
Contract Services
Professional $50,000 $15,000 $65,000
01103010-
62300
CMO -
General
Contract Services
Professional $20,000 $6,000 $26,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $20,000 $6,000 $26,000
18103013-
62300
CMO - Revive
Fund
Contract Services
Professional $20,000 $6,000 $26,000
2023-
24 01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
City Council 21 – 7 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 8 ends

41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $20,000 $6,000 $26,000
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

April 19, 2022

Page 9 ends

18103013-
62300
CMO - Revive
Fund
Contract Services
Professional $20,000 $6,000 $26,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $20,000 $6,000 $26,000
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

April 19, 2022

Page 10 ends

01103010-
62300
CMO -
General
Contract Services
Professional $20,000 $6,000 $26,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $20,000 $6,000 $26,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $20,000 $6,000 $26,000
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

April 19, 2022

Page 11 ends

06917640-
62300
PWA - Refuse
Collection
Service
Contract Services
Professional $50,000 $15,000 $65,000
01103010-
62300
CMO -
General
Contract Services
Professional $20,000 $6,000 $26,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $20,000 $6,000 $26,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $20,000 $6,000 $26,000
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

April 19, 2022

Page 12 ends

06017642-
65220
PWA Water -
Miscellaneous
Expenses
Treasury/Accounting
Services Charges $384,615 $115,384 $499,999
06917640-
62300
PWA - Refuse
Collection
Service
Contract Services
Professional $50,000 $15,000 $65,000
01103010-
62300
CMO -
General
Contract Services
Professional $20,000 $6,000 $26,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $20,000 $6,000 $26,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $20,000 $6,000 $26,000
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

PRCSA -
Park Facilities
Contract Services
Professional $25,000 $7,500 $32,500
2028-
29 01110130-
62300
FMSA -
Treasury &
Customer
Service
Contract Services
Professional $288,462 $86,538 $375,000
City Council 21 – 12 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 13 ends

01110017-
62300
FMSA -
Service
Enhancement
Contract Services
Professional $48,077 $14,424 $62,501
06017642-
65220
PWA Water -
Miscellaneous
Expenses
Treasury/Accounting
Services Charges $384,615 $115,384 $499,999
06917640-
62300
PWA - Refuse
Collection
Service
Contract Services
Professional $50,000 $15,000 $65,000
01103010-
62300
CMO -
General
Contract Services
Professional $20,000 $6,000 $26,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $20,000 $6,000 $26,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $50,000 $15,000 $65,000
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $27,500 $8,250 $35,750
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $20,000 $6,000 $26,000
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $10,000 $3,000 $13,000
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $5,000 $1,500 $6,500
01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $25,000 $7,500 $32,500
01113250-
63200

PRCSA -
Park Facilities
Contract Services
Professional $25,000 $7,500 $32,500
City Council 21 – 13 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 14 ends

01110130-
62300
FMSA -
Treasury &
Customer
Service
Contract Services
Professional $150,000 $45,000 $195,000
01110017-
62300
FMSA -
Service
Enhancement
Contract Services
Professional $25,000 $7,500 $32,500
06017642-
65220
PWA Water -
Miscellaneous
Expenses
Treasury/Accounting
Services Charges $187,500 $56,250 $243,750
06917640-
62300
PWA - Refuse
Collection
Service
Contract Services
Professional $25,000 $7,500 $32,500
01103010-
62300
CMO -
General
Contract Services
Professional $10,000 $3,000 $13,000
01105015-
62300
CMO -
General NonDepartmental
Contract Services
Professional $10,000 $3,000 $13,000
01114401-
63001
SAPD - Fiscal
& Budget
Misc. Operating
Expenses $25,000 $7,500 $32,500
41718820-
62300
CDA -
Inclusionary
Housing Fund
Contract Services
Professional $13,750 $4,126 $17,876
14018760-
62300
CDA -
Housing
AuthorityVouchers
ADM
Contract Services
Professional $10,000 $3,000 $13,000
01118017-
62300
CDA - Service
Enhancement
Contract Services
Professional $5,000 $1,500 $6,500
01118810-
62300
CDA -
Economic
Development
Contract Services
Professional $2,500 $750 $3,250
2029-
30 01113230-
63001

PRCSA -
Recreation &
Comm. Svs.

Misc. Operating
Expenses $12,500 $3,750 $16,250
City Council 21 – 14 4/19/2022
Renewal Agreement with InfoSend, Inc.

April 19, 2022

Page 15 ends

01113250-
63200

PRCSA -
Park Facilities
Contract Services
Professional $12,500 $3,750 $16,250
Subtotal: Subtotal: Grand
Total:
$8,387,982 $2,516,394 $10,904,376

EXHIBIT(S)

1. InfoSend, Inc. Renewal Agreement
Submitted By: Kathryn Downs, CPA, Executive Director of Finance & Management Services
Approved By: Kristine Ridge, City Manager
City Council 21 – 15 4/19/2022

Page 1 of 13 ends

CONSULTANT RENEWAL AGREEMENT WITH INFOSEND, INC.

TO PROVIDE BILL PRINTING, MAIL SERVICES, AND

PAYMENT PROCESSING SERVICES TO CITY OF SANTA ANA
THIS CONSULTANT RENEWAL AGREEMENT (“Agreement”) is made and entered into on this 19th day of April 2022, by and between InfoSend, Inc., a California corporation (hereinafter “Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “City”), collectively “the Parties”.

RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of municipal bill printing and mailing services and electronic bill presentment and payment processing.

B. The City acknowledges that it has received prior Municipal Utility Services, Business License Tax, Dog License, Proactive Residential Enforcement Program, and other miscellaneous ancillary bill printing and mailing services as well as Dog License electronic bill presentment and payment processing services from Consultant prior to the date of this consultant renewal agreement (“this Agreement”) and City intends that any unpaid sums receivable by Consultant for prior services shall be covered under this Agreement.

C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the Parties agree as follows:

1. SCOPE OF SERVICES
Consultant shall provide paper bill processing, printing and mailing services along with electronic bill presentment and payment services, and other related professional services as detailed in the scopes of services attached hereto as Exhibit A (Scope of InfoSend Primary Services) and Exhibit C (Professional Services) and hereby incorporated herein by reference.

Scope of Services shall also include:
a. Data Processing, Printing and Mailing (DPPM) Services. The paper bill processing, printing and mailing (DPPM) process consists of data processing, address validation and postal bar coding, printing documents, mail preparation, applying presorted postage and sending via the United States Postal Service for the City’s: (1) Municipal Utility Services bills; water conservation program notices, water quality program City Council 21 – 16 4/19/2022

Page 2 of 13 ends

notices, Municipal Utility Services rate change advisories, awareness & education campaign notices, advanced meter infrastructure notices and advisories, penalty and/or collection notices, and other related miscellaneous notices, form correspondence and advisories including paramedic subscription notices; (2) Business License Tax bills, renewal statements, certificates and licenses, penalty/and or collection notices, and other related miscellaneous notices, form correspondence and advisories; (3) Dog License Bills, rabies reminders, certificates, penalty/and or collection notices, and other related miscellaneous notices, form correspondence and advisories; (4) Proactive Residential Enforcement Program (PREP) bills, renewal statements, certificates, penalty/and or collection notices, and other related miscellaneous notices, form correspondence and advisories; and (5) assorted public notices, postcards, community advisories, outreach program letters, associated form correspondence, as well as City newsletters and a variety of other miscellaneous independent City agency communications and program literature.
b. Basic Electronic Bill Presentment and Payment (EBPP) Services. Basic Electronic Bill Presentment and Payment (EBPP) services consists of:
(i.) Maintaining an online customer payment portal and presenting Dog License bills online and accepting payment transaction information to facilitate ACH or credit card payment via Consultant’s merchant processing provider, EPX (EPX Acquisition Company, LLC, and successor to Phoenix Payment Systems, Inc.).

City’s right to bifurcate agreement and terminate DPPM and Basic EBPP services for Dog License billing. During the Term of this Agreement and any extension hereto, but beginning not sooner than January 1, 2023, City may upon one hundred-twenty days (120) days prior written notice by the City’s Executive Director of Finance and Management Services, terminate DPPM and Basic EBPP services for Dog License billing, plus associated merchant processing services currently provided by Consultant’s contracted merchant processor, Electronic Payment Exchange, Inc. (hereinafter “EPX”). Whereupon City shall have the right to continue Consultant’s DPPM services for Dog License Billing for the term of this Agreement or City may continue either Consultant’s DPPM and/or Basic EBPP services for Dog License Billing on a month-to-month basis and terminate the DPPM and Basic EBPP portion of the Agreement in connection with Dog License Billing, with no termination penalty or fees applied by Consultant by providing fifteen (15) days written notice of its intent to terminate said DPPM and Basic EBPP portion of the Agreement.
c. Electronic Bill Data Conversion and Graphical Document File Presentment for ThirdParty Enhanced EBPP Services Provider. Electronic Bill Data Conversion and Graphical File Presentment services consists of:
(i) Receiving graphical bill data file information from an integrated City billing application (“enQuesta”) maintained by a designated billing application provider (“Systems and Software, Inc.”) and converting said graphical bill data file information into a graphical document file and presenting said file to a designated Third-Party Enhanced EBPP Services Provider (“Invoice Cloud, Inc.”).

City Council 21 – 17 4/19/2022

Page 3 of 13 ends

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B (InfoSend Fees) and Exhibit C (Professional Services) which are hereby incorporated herein by this reference. b. The total sum to be expended under this Agreement shall not exceed $10,904,376, inclusive of any unpaid sums receivable by Consultant for prior services commencing July 1, 2021, and shall not exceed:

1. $1,330,750 for the fiscal year period beginning July 1, 2021 and ending June 30, 2022;

2. $1,291,750 for each succeeding annual fiscal year beginning July 1, 2022 and ending June 30, 2025;

3. $1,265,750 for each succeeding annual fiscal year beginning July 1, 2025 and ending June 30, 2029; and thereafter

4. $635,375 for the period beginning July 1, 2029 and ending December 31, 2029. i. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City shall pay ½% per month late interest on any balance past due. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Billing or invoice statements shall be presumed to have been received three (3) days after they are mailed or twenty- four (24) hours after being electronically transmitted in accordance with the provisions of Section 10 of this Agreement (“NOTICE”).
ii. City shall be responsible for payment related to United States Postal Service postage including rate increases. City will be invoiced by contractor for postage including the amount charged for overweight and foreign mail.

3. CHANGE ORDER – CONTINGENCY FUNDS – COMPENSATION CAP
During the term of this Agreement, City may request optional services of Consultant at mutually agreed upon scope and fees.
a. Change Order
No extra work may be undertaken unless a written "Change Order" is first given by the Contract Officer or his/her designee, to Consultant, incorporating therein any material change in the scope, fees and/or administration of this Agreement proposed by City.

City Council 21 – 18 4/19/2022

Page 4 of 13 ends

b. Additional Work or Services

1. Extra Work or Services / Carry Forward of Unspent Contingencies Funds City shall have the right at any time during the performance of the work or services set forth in this Agreement, without invalidating said Agreement or any amendments thereto, to elect to exercise any existing option specified in the Scope of Services for extra work or services or to order extra work or services pursuant to a duly executed Change Order or to expend previously appropriated, but unspent contingency funds authorized to be carried forward by the Executive Director of Finance and Management Services to cover expenses for work or services agreed to by the parties but exceeding any annual City fiscal year compensation amount cap initially specified under the Compensation provisions of this Agreement or thereby make changes by altering, adding to or deducting from said work or services.

2. Maximum Contract Compensation Cap
Net total compensation to Consultant shall not, as the result of any Change Order, exceed the maximum contract compensation amount set forth under Section 2(“COMPENSATION”), subsection b. of this Agreement, unless an increase in maximum contract compensation is agreed to by the Parties pursuant to a duly executed amendment of this Agreement.
c. Coordination of Work or Services

1. Representative of Consultant
The following officer of Consultant is hereby designated as being the representative of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:

InfoSend, Inc. Russ Rezai
Representative President
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing officer & representative is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. For purposes of this Agreement, the foregoing officer & representative may not be replaced nor may their responsibilities be substantiallyreduced by Consultant without the express written approval of City. d. Contract Officer
The Contract Officer shall be the person designated hereunder by City.

It shallbe Consultant's responsibility to assure that City's Contract Officer is kept City Council 21 – 19 4/19/2022

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informed of the progress of the performance of the consulting services set forth in this Agreement and Consultant shall refer any decisions which must be made by City to the Contract Officer. The Contract Officer shall have authority to enter into Change Orders with Consultant pursuant to this Agreement. The Contract Officer shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

City of Santa Ana Kristine Ridge, City Manager
Contract Officer or designee

4. TERM
This Agreement shall commence on the date first written above and terminate on December 31, 2025, with one (1) three (3) year term extension option, and one (1) one-year term extension option, the first commencing January 1, 2026 and ending December 31, 2028, and the second commencing January 1, 2029 and ending December 31, 2029, unless terminated earlier in accordance with Section 13, below. This Agreement shall cover all services provided by Consultant since July 1, 2021.

5. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonCity Council 21 – 20 4/19/2022

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owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees).
d. Cyber Liability Insurance, with limits not less than $5,000,000 per occurrence or claim, $5,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include,but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress,invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. e. Technology Professional Liability Errors & Omissions Technology Professional Liability Errors and Omissions Insuranceappropriate to the Consultant’s profession and work hereunder, with limitsnot less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extort ion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information.

The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Consultant. If not coveredunder the Consultant’s liability policy, such “property” coverage of theAgency may be endorsed onto the Consultant’s Cyber Liability Policy as covered property as follows:
“If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.”
f. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

City Council 21 – 21 4/19/2022

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i. Additional Insured Status
The City, its officers, officials, employees, and volunteersshall be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
ii. Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary. Coverage for commercial liability shall be at least as broad as ISO CG 20 01 04 13 as respectsthe City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of theConsultant’s insurance and shall not contribute with it.
iii. Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
iv. Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
v. Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may requirethe Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

The policy language shall provide,or be endorsed to provide, that the selfinsured retention may be satisfied by either the namedinsured or City. vi. Acceptability of Insurers
Insurance isto be placed with insurers authorized to conduct businessin the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City.
vii. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:

1. The Retroactive Date must be shown and must be before the date of the contract or thebeginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at leastfive (5) years after completion of the contract of work.

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3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
viii. Verification of Coverage
Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. ix. Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. x. Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature ofthe risk, prior experience, insurer, coverage, or other special circumstances.

7. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Consultant shall not be liable for indirect, special or inconsequential damages even if Consultant has been advised of the possibility of such potential claim, loss or damage.

Consultant shall not be responsible for delays in receipt of client information or processing client information because of causes beyond its reasonable control, including, without limitation, failure or limitations on the availability of third party telecommunications or other transmission facilities and City’s failure to properly enter and/or transmit information.

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8. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

9. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

10. NOTICE
Any notice, tender, demand, delivery, or other communication required or made pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or by express mail courier (i.e.

FedEx, UPS, etc.), or sent by fax or email communication in the manner providedin this section.

Any such notice shall be addressed to the other party at the address set forth below. Consultant invoice/billing statement notices to City shall be sent to City’s Primary Representative/Project Manager or designees. All notices, including invoice/billing statement notices and notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent by overnight delivery. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. If sent by email, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the delivery time stamp notated by the internet service provider, addressed as set forth above. For purposes of calculating these time frames, weekends, City Hall closure dates, federal, state, County or City holidays shall be excluded.

If to City:

Clerk of the City CouncilCity of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714- 647-6956
City Council 21 – 24 4/19/2022

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With courtesy copies to:

Executive Director
Finance and Management Services Agency
City of Santa Ana
20 Civic Center Plaza (M-17)
Santa Ana, CA 92702
Phone: (714) 647-6960
Fax: (714) 647-5414
If to Consultant:

InfoSend, Inc.

Attn: Russ Rezai, President
4240 E. La Palma
Anaheim, CA 92807
Phone: (714) 993-2690
Fax: (714) 993-1306
Email: [email protected]
Representative or designees: Consultant Primary Representative/Project Manager shall be:

Russ Rezai, President
Phone: (714) 993-2690
E-mail: [email protected]
Representative or designees: City Primary Representative/Project Manager and Designee shall be:

CITY Primary Representative/Project Manager shall be:

Willard Holt, Treasury and Customer Services Manager
20 Civic Center Plaza, Room 1105
Santa Ana, CA 92701
Phone: (714) 647-5456
Email: [email protected]
CITY Primary Representative/Project Manager Designee shall be:

Alejandra Gutierrez, Senior Management Analyst
20 Civic Center Plaza, Room 1103
Santa Ana, CA 92701
Phone: (714) 647-5497
Email: [email protected]
A party may change its address or representative or designees by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address and/or new representative or designees.

City Council 21 – 25 4/19/2022

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11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein.

12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City.

13. TERMINATION
This Agreement may be terminated by the City or Consultant upon one-hundred and twenty (120) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. If City has requested custom forms/envelopes, City will purchase the remaining supplies of requested forms/envelopes upon termination of the Agreement, or at the time City requests a change in the design of the forms/envelopes. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement which may reasonably be expected by City.

14. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

City Council 21 – 26 4/19/2022

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15. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

16. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

17. MISCELLANEOUS PROVISIONS
a. Whenever the terms of this Agreement conflict directly with terms of any Exhibit incorporated herein by reference, then the terms and intent of this Agreement shall prevail solely with respect to any such directly conflicting provisions, or portions thereof and shall be controlling. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. This Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner.
//
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{Signatures on following page}
City Council 21 – 27 4/19/2022
City Council 21 – 28 4/19/2022
InfoSend Exhibits to MSA
Rev. 01.28.2021
Exhibit A - Scope of InfoSend Primary Services
This Exhibit A is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Santa Ana (“Client”). This Exhibit A provides the Services which InfoSend shall deliver to Client to permit Client’s customers (“Users”) to use the products and services to view and pay their bills. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.

Client will select one or more of InfoSend’s Primary Services from the list below by checking the box next to the Primary Service name.

Any Primary Services not selected prior to the execution of this Agreement can be added at a later date via an Agreement Amendment.  Data Processing, Printing and Mailing Service (“DPPM Service”): During the term of this Agreement, InfoSend will provide data processing, printing and mailing services. The Service consists of processing data, printing documents, mail preparation, applying postage (where applicable) and sending via the United States Postal Service. Document types include but are not limited to bills, postcards and letters.

Section 1. Data Processing, Printing and Mailing (DPPM) Service Description A. Data Transfer and Processing
• Client to transmit data to InfoSend in an agreed upon format. Should Client make changes to data file format after initial setup is complete, it agrees to pay for the professional services required to accommodate the new file format. See Exhibit C – Professional Services – for information on initial setup and ongoing programming changes. • Client will monitor transfer confirmation emails to ensure InfoSend is in receipt of the data. Client acknowledges that InfoSend will not be responsible or liable for any transferred data which does not result in a confirmation receipt to Client. • A File Transfer Report will be emailed to the Client representatives who have opted-in to this email. A copy of this report is also available to download from the InfoSend website.
• Client will have access to an online Job Tracking application that shows the progress of each file as it is processed and becomes a batch of documents to be printed and mailed. Client can see both the original input file name and the InfoSend-assigned “Job Code”.
• InfoSend will process the mailing addresses and perform the following functions:
o Apply CASS-certified address validation
o Comply with USPS requirements to obtain pre-sort automation rates for qualified client mail pieces o Stay current with all USPS regulations required to mail presorted first-class mail • InfoSend will optionally provide proofs of the final print-ready PDF files to Client to be reviewed and approved before printing begins (if requested).

B. Document Printing and Mailing
• Batches are printed by InfoSend using a high-speed production process onto the agreed upon forms. • Printed documents are put through a quality control process and then released to the mailing department to be inserted into outgoing envelope. A return envelope and any applicable inserts are included as defined by client workflow. • After a batch of mail is completed in InfoSend’s system it will be marked as such in the online Job Tracker and a Process Confirmation Report will be emailed to the Client representatives who have opted-in to this email. A copy of this report is also available to download from the InfoSend website.

City Council 21 – 29 4/19/2022
InfoSend Exhibits to MSA
Rev. 01.28.2021
Exhibit B - InfoSend Fees
This Exhibit B is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Santa Ana (“Client”). This Exhibit B provides the Fees which InfoSend shall bill to Client in exchange for Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.

Section 1. Price Escalations to InfoSend Fees
InfoSend Fees can be adjusted once every twelve (12) months to account for increases in the cost of materials, labor, and other overhead costs. InfoSend reserves the right to increase InfoSend Fees on a yearly basis (starting with the first anniversary of the Agreement date not to exceed the Federal Bureau of Labor Statistics CPI for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim, California area, Base Period: 1982-84 = 100. This information can currently be found at https://www.bls.gov/cpi/).

The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Fees are changed, unless the terms or conditions of the Agreement have otherwise changed. Postage fees can change at any time per USPS regulations and do not require an amendment to the Agreement.

In addition to this, if Client uses the Printing and Mailing Service, it accepts that InfoSend reserves the right to pass on any extraordinarily high increases to the cost of forms or envelopes at any time. The Client will be notified, in writing, at least thirty (30) days prior to such price increase.

InfoSend pricing is predicated on Client representations of Client and Client User transactional usage. Should Client’s actual continuous volume and/or recurring frequency deviate by more than thirty percent (30%) from what Client has represented to InfoSend in Section 2 below, then InfoSend reserves the right to invalidate the Fees listed in this Agreement. Should this rare situation arise then InfoSend will notify Client immediately and negotiate with Client in good faith to pass on any increased costs to Client, in line with actual Client and Client User transactional usage. Should InfoSend and Client fail to agree upon updated Fees, InfoSend reserves the right to terminate this Agreement with one hundred and eighty (180) days’ notice.

Section 2. Client Representations
Client Volume Assumptions
SNL – Notice of Dog Licensing Fee
Approximately 1000 documents per month
SNR – Rabies Reminder Notice
Approximately 100 documents per month
SN9 – Inspection Fee Letter
Approximately 4200 documents per year
SNT Business License Tax and SNN Estimated Business License Tax SNT – approximately 2800 documents per month
SNN – twice yearly, approximately 2500 documents each run SNF – Annual Paramedic Subscription
Monthly runs, volume fluctuates but averages 300-350 documents per month SND – Municipal Utility Services Statement data processing only Data processing only, approximately 300 documents per month SNC – Municipal Utility Services Statement
Approximately 18,000 documents per month
City Council 21 – 30 4/19/2022
InfoSend Exhibits to MSA
Rev. 01.28.2021
Section 3. DPPM Fees:

InfoSend Data Processing, Print and Mail Pricing
Document Production Summary
SNL – Notice of Dog Licensing Fee
2/1 print, recycled letter size paper, recycled #10,
standard #9,
$0.1706 per document
SNR – Rabies Reminder Notice
1/0 print, recycled letter size paper, recycled #10,
standard #9
$$0.1500 per document
SN9 – Inspection Fee Letter
2/1 print, letter size standard paper, standard #10,
standard #9
$0.2541 per document
SNT – Business License Tax
1/1 print, letter size standard paper, standard #10,
standard #9
$$0.2323 per document
SNN – Estimated Business License Tax
1/1 print, legal size standard paper, standard #10,
standard #9
$$0.2360 per document
SNF – Annual Paramedic Subscription
2/0 print, letter size standard paper, standard #10,
standard #9
$$0.1223 per document
SND – Municipal Utility Services Statement
Data Processing only job
$$0.0720 per document
SNC – Municipal Utility Services Statement
2/1 print, legal size recycled paper, standard #10,
recycled #9
$$0.1618 per document
Finished mail pieces are delivered to the USPS within one (1) business day. If samples (proofs) are requested then the mailing will be completed within one day of sample approval. File upload deadline for next-day mailing is 3:00PM local time at the production facility designated for your account. If samples are required then they must be approved by 5:30PM local time for the file to be mailed by the next business day.

The below table provides the components of the summary price given above. All pricing is based on “Client Volume Assumptions” listed below and excludes applicable sales tax.

Data Processing and Service Fee
Data Processing Fee (per document), all document types $0.0100 Monthly DPPM platform fee $250.00
City Council 21 – 31 4/19/2022
InfoSend Exhibits to MSA
Rev. 01.28.2021
Printing and Mailing Service
SNL – Notice of Dog Licensing Fee
2/1 print, recycled letter size paper
$0.1000
SNR – Rabies Reminder Notice
1/0 print, recycled letter size paper
$0.0794
SN9 – Inspection Fee Letter
2/1 print, letter size standard paper
$0.2069
SNT – Business License Tax
1/1 print, letter size standard paper
$0.1751
SNN – Estimated Business License Tax
1/1 print, legal size standard paper
$0.1751
SNF – Annual Paramedic Subscription
2/0 print, letter size standard paper
$0.0804
SND – Municipal Utility Services Statement
Data Processing only job
$0.072 (inclusive of all data
processing fees)
SNC – Municipal Utility Services Statement
2/1 print, legal size recycled paper
$0.0856
USPS Postage Pass-through
A postage deposit will be
required prior to starting service.

Batch Fee (per mailing batch under 200 mail pieces) $5.00 Excess Pages Handwork Surcharge (per mail piece) $0.35
Address Updates $0.50 NCOA
$0.50 ACS
Materials
Standard Letter Size Paper Stock – 8.5” x 11” (per sheet) $0.0154 Standard Legal Size Paper Stock – 8.5” x 14” (per sheet) $0.0190 Standard Outgoing #10 Envelope * $0.0164
Standard Return #9 Envelope * $0.0154
Outgoing Flat Envelope – used for mail pieces with excess pages
$0.1700
Insert Services
InfoSend Produced Quoted based on specification
Envelope Messaging (Snipes) Quoted based on specification Electronic Inserts $0.01 per insert
Inserting Fee $0.01 per insert
Optional Document Services
Professional Services Rate (per hour) $175
Returned Mail Handling $0.50 per reported returned
mail piece
Remit Tracking $100 monthly support fee
City Council 21 – 32 4/19/2022
InfoSend Exhibits to MSA
Rev. 01.28.2021
Section 3.1. Custom Forms/Envelopes
If Client has selected the Printing and Mailing Service and at any time requests that InfoSend Fees include the cost of custom Clientspecific materials (either in this Agreement or since its execution), then Client understands and accepts that these materials will be purchased in bulk to achieve the lowest possible per-unit cost. Client agrees to purchase any remaining supplies of requested custom materials (normally forms or envelopes) if Client stops using InfoSend’s Service for any reason. Client agrees to purchase the remaining supply of custom forms/envelopes upon Client’s request to change the custom forms/envelopes before the supply has been depleted.

Section 3.2. USPS Postage Rates
Postage rates are determined by the United States Postal Service. All postage rate changes are determined directly by USPS and are independent of any InfoSend service or materials fees. In no event shall any change in the postage rates affect the InfoSend service or materials fees. The Client will be invoiced the amount of excess for overweight and foreign mail.

Section 3.3. Postage Deposit
InfoSend purchases the postage needed to mail Client documents on the day of mailing. The postage charges are later invoiced to Client based on the Client’s payment terms. InfoSend requires Client to submit a postage deposit prior to the first mailing to facilitate the payment terms. This amount will remain in deposit for the duration of the Agreement. Upon Agreement expiration or termination Client must pay in full any outstanding invoices from InfoSend for payables created under this Agreement; the postage deposit will be refunded within fifteen (15) days of the date that the last open invoice is paid.

The postage deposit is subject to an annual review and may be adjusted to account for changes to Client average mailing volume or changes to USPS postage rates. There will be no more than one adjustment requested per year, if at all.

Client’s current postage deposit on hand is $13,040.00.

Section 3.4. Receivables Finance Charge
InfoSend applies a past due finance charge of 0.5% per month for receivables past due based on the Client’s payment terms. ____________________________
Note:
* - SFI® (Sustainable Forestry Initiative) Certified Paper Envelopes: for all clients that use standard envelopes, InfoSend’s standard double window #10 and single window #9 envelopes are sustainably produced and are provided at no additional cost to clients. The Sustainable Forestry Initiative ensures materials are sourced from sustainably managed forests. Please visit www.sfiprogram.org or more information.*
City Council 21 – 33 4/19/2022
InfoSend Exhibits to MSA
Rev. 01.28.2021
Exhibit C – Professional Services
This Exhibit C is an integral part of and is subject to the terms and conditions of the Master Service Agreement (the “Agreement”) between InfoSend, Inc. (“InfoSend”) and City of Santa Ana (“Client”). This Exhibit C provides InfoSend’s Professional Services Fees which InfoSend shall bill to Client in exchange for Professional Services. To the extent that any term is not expressly defined herein, it shall have the meaning set forth in the Agreement.

Section 1. Price Escalations to InfoSend Professional Services Fees InfoSend Professional Services Fees can be adjusted once every twelve (12) months to account for increases to the cost of providing these services. InfoSend reserves the right to increase Professional Services Fees on an annual basis, starting with the first anniversary of the Agreement date, if needed. The Client will be notified, in writing, at least thirty (30) days prior to such price increase. An amendment to the Agreement will not be required if the Professional Services Fees are changed, unless the terms or conditions of the Agreement have changed.

Section 2. Definition of Professional Services
InfoSend Professional Services are the technical services that are required to perform the initial setup of the InfoSend Primary Services defined in Exhibit A and the technical services required to make changes to these Primary Services after the initial setup is complete.

Once any Primary Service is live and operational Professional Services will not be required unless Client requests a change or makes changes to its data file format or business rules which necessitates a change to InfoSend’s system configuration or programming.

Examples of InfoSend Professional Services:
• Project requirements gathering and analysis hours
• Project management and/or consulting hours
• Software development and system configuration hours related to the processing of Client’s data • Software development and system configuration hours related to document design, web portal setup, business rule configuration, or any other applicable technical services • Application testing and deployment hours
Section 3. Professional Services Fee and Process for Approval and Payment of Fee The current Professional Services Fee is $175.00 per hour. In the event that a project will incur billable Professional Services hours, Client will be informed before work begins. InfoSend and Client will execute a Statement of Work for the project that Client wants InfoSend to undertake. The payment terms for the project depend on the size and scope of the project. The Statement of Work can include payment terms that are different than the terms listed in this Agreement for InfoSend Fees, otherwise these terms will apply and the project fees will be invoiced upon project completion. Small projects that incur less than five (5) hours of Professional Services can be initiated without a Statement of Work if Client accepts and executes a Programming Quote for this work.

Any project that will take more than five (5) hours of Professional Services work will require both parties to execute a formal Statement of Work. Depending on the nature of the work required, InfoSend will provide one of the following quotation methods:
• Fixed Quote – a fixed project cost will be set. InfoSend may elect to waive this cost in some circumstances. Client understands and accepts that it must accept the terms and conditions of the Statement of Work for the project and that changes made to the project requirements, data file structure, etc., after the Statement of Work and any amendments to it have been finalized will require Client to pay for these changes on a Time and Materials basis. Client will be notified immediately if this scenario arises and will be given an option to keep the original project specifications to keep the fixed quote in place. • Time and Materials Quote – should it not be possible to provide a fixed quote due to the nature of a Client’s requested project, then InfoSend will provide an estimated number of hours to complete the project and bill the hours on a Time and Materials basis. The Statement of Work will include the terms and conditions for these project types and Client will be invoiced weekly for the hours spent on the project.

Section 4. Initial Setup Cost: InfoSend Primary Services The Initial Setup cost for the InfoSend Primary Services selected in Exhibit A are listed in Exhibit B. These costs have been provided using a Fixed Quote process, explained in Section 3 above. Client understands and agrees to these terms, and to the project-specific terms and conditions that will be provided in the Statement of Work that will be created to capture Client’s specific requirements and data types.

City Council 21 – 34 4/19/2022
Public Works Agency
www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 19, 2022
TOPIC: Digital Billboards and Digital Banners

AGENDA TITLE
Approve an Agreement with Outfront Media LLC for the Design, Construction, Maintenance, and Operation of Digital Billboards and Digital Banners at City-owned Properties throughout the City for a 25-Year Term (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Outfront Media LLC to design, construct, maintain, and operate digital billboards at City-owned freeway locations and digital banners throughout the City, and to share advertising revenue from digital billboards and digital banners, for a 25-year period beginning April 19, 2022 and ending April 18, 2047, with an option to extend for a period of ten years, subject to nonsubstantive changes approved by the City Manager and City Attorney.

DISCUSSION
The City has identified digital billboards and digital banners as revenue generators to support right-of-way operations and improvements. A Request for Proposals (RFP) for Design, Construction, Maintenance, and Management of Digital Billboards and Management of Bus Shelters and Bus Stops (Exhibit 1) was released on November 12, 2020, and the City received four proposals. The RFP solicited proposals from outdoor advertising companies that develop digital billboards and banners, as well as bus stop maintenance and advertising. However, after reviewing the proposals, it was determined that it was in the best interest of the City to separate the RFP components and award the design, construction, maintenance, and management of digital billboards and digital banners separately from the management of bus shelters and bus stops.

Of the four proposals received, three vendors submitted proposals for the design, construction, maintenance, and management of digital billboards and digital banners.

These proposals were evaluated and rated by a four-member committee and based upon company and team experience, understanding of need, schedule, references, and projected revenue. After evaluating the proposals, the committee ranked the proposals as follows:

City Council 22 – 1 4/19/2022
Digital Billboards and Digital Banners
April 19, 2022

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Firm City Rank
Outfront Media, LLC New York, NY 1
Clear Channel Outdoor Torrance, CA 2
Lamar Advertising Company Los Angeles, CA 3
Based upon ranking and proposed advertising revenue-sharing with the City, staff recommends that Outfront Media be awarded an agreement for the design, construction, maintenance, and management of digital billboards and digital banners for a 25-year period, with a ten-year extension option, for a potential total agreement term of 35 years (Exhibit 2).

First-year revenue is estimated at $550,000 in bonus payments while the billboards and banners are being constructed (a period of up to one year per site). Once operational, the City will receive annual payments of 40 percent of the estimated net advertising revenue of $830,304, or the minimum annual guarantee of $1,180,000, whichever is greater.

Revenues will be utilized to support various right-of-way programs and improvements.

The agreement includes the development of a comprehensive community outreach and communication plan for each location. Outfront Media will be required to hold community meetings for each location and to address all questions and concerns raised by the community to the satisfaction of the City.

ENVIRONMENTAL IMPACT
The City will determine the level of environmental review required based on the initial study performed by Outfront Media. Outfront Media will be responsible for the preparation, at its own cost, of any required environmental review and documentation.

FISCAL IMPACT
Revenues from this Digital Billboards and Digital Banners Management agreement will be generated as billboards and banners are installed and advertising revenue streams are established. Revenue will be received and utilized for the sole purpose of maintaining the public right-of-way in Fiscal Year 2022-23, and in perpetuity. Funds (revenue and expenditure) will be budgeted and made available in the following accounts.

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 01117002-57797 General Fund
Public Works Revenues,
PWA Digital
Billboards/Banners
$550,000
City Council 22 – 2 4/19/2022
Digital Billboards and Digital Banners
April 19, 2022

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Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 01117622-66220 General Fund
Public Works Right-ofWay, Improvements
Other Than Building
$550,000

EXHIBIT(S)

1. Request for Proposal 20-139

2. Agreement with Outfront Media LLC
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 22 – 3 4/19/2022

REQUEST FOR PROPOSALS
FOR

DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT

OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS RFP NO.: 20-139

CITY OF SANTA ANA

PUBLIC WORKS AGENCY
20 Civic Center Plaza
Santa Ana, CA 92701
Christy Kindig
Projects Manager
Office (714) 647-5088
[email protected]
Approved for Release:

Christy Kindig
Projects Manager
Administrative Services Division
KEY RFP DATES (Subject to change at the discretion of the City):

Issue Date: Thursday, November 12, 2020
Letter of Intent: Wednesday, November 25, 2020
Deadline for Requests for Information: Wednesday, December 9, 2020 Answers to Questions Monday, December 21, 2020
Proposal Due Date: Thursday, January 21, 2021; 2:00 p.m.

Presentation/Interviews (optional): Week of February 8, 2021 Projected Award Date: Tuesday, March 16, 2021
EXHIBIT 1
City Council 22 – 4 4/19/2022

NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified companies for the design, construction, maintenance and management of digital billboards and digital banners and for the maintenance and management of bus stops and bus shelters.

Responses to this Request for Proposals (RFP) will be accepted until Thursday, January 21, 2021 at 2:00 p.m.

Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any sent proposal has sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

Proposals shall be enclosed in a sealed envelope and marked clearly with the following information, formatted as follows:
“SEALED PROPOSAL FOR
RFP NO. 20-139

DESIGN, CONSTRUCTION, MAINTENANCE AND MANAGEMENT

OF DIGITAL BILLBOARDS AND MANAGEMENT OF BUS SHELTERS AND STOPS

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Christy Kindig
Public Works Agency
20 Civic Center Plaza; 4th Floor Reception, Ross Annex
Santa Ana, CA 92701
Proposals shall be mailed, hand delivered, or sent by courier service.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile.

All notifications, updates and addenda will be posted on the City’s RFP Bid page at www.santa-ana.org/bids-rfps.

Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

LETTER OF INTENT: Interested companies shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via email or certified mail.

City Council 22 – 5 4/19/2022

TABLE OF CONTENTS
I. GENERAL ..........................................................................................................................................................................5 II. PROPOSAL TERMS AND CONDITIONS.....................................................................................................................8 A. EXAMINATION ...................................................................................................................................................8 B. EXECUTION OF AGREEMENT .........................................................................................................................8 C. PROPOSAL VALIDITY .......................................................................................................................................8 D. PRE-CONTRACTUAL EXPENSES.....................................................................................................................8 E. JOINT OFFERS/SUBCONTRACTRORS ............................................................................................................8 III. PERPETUALS TO PROPOSERS ....................................................................................................................................9 A. CITY RESPONSIBILITIES ..................................................................................................................................9 B. PROPOSER RESPONSIBILITIES........................................................................................................................9 C. REQUEST FOR INFORMATION OR CLARIFICATION ..................................................................................9 D. ADDENDA............................................................................................................................................................9 E. LICENSES & PERMITS .......................................................................................................................................9 F. INSURANCE.......................................................................................................................................................10 G. ESTABLISHMENT OF BOND PAYMENT INFORMATION PACKET .........................................................10 H. PRE-PROPOSAL MEETING..............................................................................................................................10 I. CITY RIGHT TO REJECT..................................................................................................................................10 J. PROTESTS ..........................................................................................................................................................10 IV. SUBMITTAL REQUIREMENTS ..................................................................................................................................11 A. GENERAL...........................................................................................................................................................11

1. NUMBER OF COPIES AND SIGNATURE ........................................................................................11

2. DEADLINE ...........................................................................................................................................11 B. PROPOSAL CONTENTS....................................................................................................................................11

1. COVER LETTER..................................................................................................................................11

2. TABLE OF CONTENT.........................................................................................................................12

3. EXECUTIVE SUMMARY ...................................................................................................................12

4. COMPANY AND TEAM EXPERIENCE ............................................................................................12

5. STATEMENT OF QUALIFICATIONS................................................................................................12

6. COMPANY IDENTIFICATION AND EXPERIENCE........................................................................12

7. REFERENCES ......................................................................................................................................13

8. PROJECT UNDERSTANDING............................................................................................................13

9. DEVELOPMENT PROPOSAL.............................................................................................................13

10. PROPOSED DEVELOPMENT SCHEDULE.......................................................................................14

11. BUSINESS PROPOSAL AND FINANCIAL PLAN............................................................................14

12. CERTIFICATIONS ...............................................................................................................................17 V. PROPOSAL REVIEW (SELECTION OF PROPOSER).............................................................................................17 A. EVALUATION AND RATING ..........................................................................................................................17 B. SELECTION........................................................................................................................................................17 VI. AWARD OF AGREEMENT...........................................................................................................................................17 A. REQUEST FOR COUNCIL ACTION ................................................................................................................17 B. EXECUTION OF AGREEMENT .......................................................................................................................17 VII. IMPLEMENTATION......................................................................................................................................................18 A. KICK-OFF MEETING ........................................................................................................................................18 B. NOTICE TO PROCEED......................................................................................................................................18 VIII. PUBLIC RECORDS ........................................................................................................................................................18

APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: STANDARD AGREEMENT
City Council 22 – 6 4/19/2022
ATTACHMENT 3: PROPOSED BUS SHELTER DESIGN
ATTACHMENT 4: CERTIFICATIONS
ATTACHMENT 5: POTENTIAL SITES FOR DIGITAL BILLBOARDS
ATTACHMENT 6: LOCATION OF BUS STOPS AND BUS SHELTERS
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I. GENERAL
The City of Santa Ana (“Santa Ana” or “City”) is the county seat and second most populous city in Orange County, California. The United States Census Bureau estimated its 2011 population at 329,427, making Santa Ana the 57th most-populous city in the United States.

Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away from the California coast. Founded in 1869, the city is part of the Greater Los Angeles Area, the second largest metropolitan area in the United States with almost 18 million residents in 2010.

Santa Ana is a very densely populated city, ranking fourth nationally in that regard among cities of over 300,000 residents (trailing only New York City, San Francisco, and Boston). In 2011 Forbes ranked Santa Ana the fourth safest city of over 250,000 residents in the United States.

Santa Ana is interested in generating new revenue from City-owned land parcels for the installation and operation of two-sided digital billboards along freeways and digital banners on City streets by an outdoor advertising company. The parcels are located along three freeways, namely, the Santa Ana (I5) Freeway; the Garden Grove (SR-22) Freeway; and the Costa Mesa (SR-55) Freeway. In addition to billboards and banners, Santa Ana is requesting that the selected outdoor advertising company provide continuous maintenance service and advertising at City bus shelters.

This Request for Proposals (RFP) is to solicit offers from outdoor advertising companies that develop billboards and banners to work with the City on new digital billboards and digital banners, to maintain bus stops, bus shelters and advertising panels and all associated furniture and to share with the City the profit from advertisements on billboards, banners and panels.

Objective
Through this RFP, the City aims to identify a partner for the design, construction, maintenance, and management of digital billboards along freeways and digital banners within the City to benefit the community in many ways. The city can run Public Service Announcements, such as AMBER™ Alerts, FBI bulletins, severe weather warnings and emergency response programs. Smaller local businesses can use this powerful advertising medium because a digital board offers more advertising spots. In addition, advertisement will have a financial impact and will bring additional revenue to the City.

Moreover, the City envisions, upgrading some of the existing bus shelters and bus stops and adding new ones to not only provide shade, safety and comfort to transit riders and pedestrians but to also improve the quality of life, for those who live and work in and visit the City, by delivering these services through thoughtful, efficient design and implementation. At the core of that vision is to expand the use of transit, active transportation, and shared mobility as well as to foster economic growth that helps strengthen neighborhoods.

This is in line with the Santa Ana vision to create a street furniture program that serves as a focal point to shared mobility facilities and provides directions and suggestions through wayfinding and interactive information and promotes commerce through digital and interactive advertising. The use of emerging technology, especially digital, wireless and 5G that can be supported by or work City Council 22 – 8 4/19/2022

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collaboratively with street furniture will be an important aspect of this RFP and the proposers are encouraged to address that in their proposals.

Nature of Work:

The City is seeking a qualified outdoor advertising company (Company) to design, construct, maintain and operate digital billboards at locations adjacent to freeways and digital banners within the City.

The RPF also includes the requirement for the preparation of a preliminary feasibility study to determine the optimal number of locations along freeways (I-5, SR-22 and SR-55) and City streets for billboards and banners, respectively, and the projected annual revenue from all advertisement on billboards, banners and panels (at bus shelters and bus stops). In addition to billboards at freeway and banners at street locations, the City is requesting that the outdoor advertisement company provide continuous maintenance and advertisement services at bus shelters and bus stops. A detailed Scope of Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

Number of Proposals and Signature:

The submittal shall include four (4) bound hard copies, one (1) unbound hard copy and one (1) digital file on a labeled USB Flash Drive (or equivalent). One of the hard copies shall be marked as “ORIGINAL” and shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana.

Proposal Evaluation and Rating:

The criteria for evaluating the proposals will take the following items into consideration:
 Company/Team Experience 25%
 Understanding of Need 25%
 Schedule 10%
 References 10%
 Projected Revenue 30%
The City has established a proposal review committee to evaluate the proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposals.

Prevailing Wages:

In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request.

Term of Contract Agreement:

The term of the exclusive agreement shall be for twenty-five (25) years with the possibility for up to two five (5) year extensions or as agreed on during the contract negotiations.

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Additional terms of agreement are outlined in the Standard Agreement, as contained in ATTACHMENT 5: in the Appendix of this RFP. In addition to the Standard Agreement, to be considered, the Company must meet the following minimum requirements applicable to digital billboards, digital banners, bus shelters and bus stops.

The Company shall pay City twenty-five (25%) of the advertising revenue realized from all signs associated with the digital billboards, digital banners and bus shelter panels developed pursuant to an agreement between the Company and City. The City is willing to negotiate the above-stated percentage of the advertising gross revenue if other substantial benefits to the City and community are presented.

Company shall make the signs and banners available for up to 10% of the advertising time for public service messaging, at no cost to City, spread over each operational day. Company shall allow the City or other designated authorities to preempt digital advertisements with emergency alerts or information at no cost.

The Company shall also offer a 50% discount during 20% of the advertising time spread over each operational day for local businesses wishing to advertise their products and services on the City banners. This discount does not apply to freeway billboards.

The Company shall, at least four (4) times per year, for at least twenty-eight (28) calendar days each time, display at least one (1 ) public service announcement in lieu of paid advertising in up to sixteen (16) bus shelters identified by the City or 10% of the total number of bus shelters under the agreement.

In addition, the Company must meet the following minimum requirements applicable to digital billboards and digital banners as well as to bus shelters and bus stops. a. Digital Billboards and Digital Banners
Company shall include a "City of Santa Ana" identification sign on each side of the sign structure in a form approved by the City, which must also be maintained for the term of the agreement.

The proposed digital billboards and digital banners shall continue to be maintained and upgraded to the most current technology throughout the term of the agreement. In addition, a schedule shall be included for the replacement of the proposed digital billboards and digital banners. b. Bus Shelters and Bus Stops
The City reserves the right to install additional bus shelters and furniture as funding becomes available.

New shelters with advertisement panels will be added to the inventory of bus shelters and they would be subject to the terms of the agreement. A detailed design for the proposed shelters is included as ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

Whenever a reference is made to bus shelters or bus stops throughout this RFP document, it should be understood that all of the associated furniture items listed below could be included:
 Benches
 Trash receptacles
 Ad panels
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 Free standing kiosks
 Outdoor advertising displays, both static and digital Furthermore, the same original contractual terms entered between the City and the Company would apply to the additional new bus shelters. The City expects the Company to determine the anticipated financial impact and additional income revenue from new or replaced bus shelters.

The Company shall arrange, at its own cost and expense, for production, service, and installation of the public service announcements upon consultation with the City. The City shall be entitled to specify certain public service messages to be displayed and shall approve all public service messages.

II. PROPOSAL TERMS AND CONDITIONS
By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below:

A. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required in this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein, or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.

B. EXECUTION OF AGREEMENT
The City and the Company will enter into an Agreement similar to that included in ATTACHMENT 5: in the Appendix of this RFP. If a Company is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Company or call for new Proposals, whichever the City deems most appropriate.

C. PROPOSAL VALIDITY
Services, pricing and warranties indicated in a respondent’s Proposal must be valid for a period of 120 days after the submission of the Proposal.

D. PRE-CONTRACTUAL EXPENSES
The City of Santa Ana shall not, in any event, be liable for any pre-contractual expenses incurred by Proposers in the proposal preparation.

E. JOINT OFFERS/SUBCONTRACTRORS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with only one single Company and not with multiple companies doing business as a joint venture. All sub-contractors are subject to approval by the City. Should the use of sub-contractors be offered, the Proposer shall provide the same assurances of competence for the sub-contractor(s) plus the demonstrated ability to manage and supervise the subcontracted work. Sub-contractors shall not be allowed to further City Council 22 – 11 4/19/2022

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subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-contractors in the same manner as they do for the Company.

III. PERPETUALS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to the preparation of required information in the RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

B. PROPOSER RESPONSIBILITIES
Point of Contact: The Proposer shall assume responsibility for all services in its proposal. The Proposer shall identify a sole point of contact with the greatest knowledge regarding the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing Proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period.

If said financial statement does not reflect full ninety (90) day operational capacity, Proposer may include a letter of credit as evidence of supplemental capacity.

C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made in writing within PlanetBids to the Project Manager (contact information as noted on the cover page to this RFP) by or before the “Deadline for Requests for Information” date noted on the cover page of this RFP. No verbal requests or responses will be accepted. All interpretations or clarifications will be addressed via addenda to this RFP, as indicated below in SUB-SECTION III.D “ADDENDA”.

D. ADDENDA
Any changes in the RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids as they become available.

E. LICENSES & PERMITS
The Company shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana.

Additionally, Company will be responsible for obtaining any licenses/permits required by the Scope of Work. For new billboards, Proposers should be aware of the City permitting and approval requirements. New digital billboards projects require the following:
 Approval of the Development Project Plan by the Director of Planning and Building Agency, and
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 Approval of an Operating Agreement by the City Manager.

F. INSURANCE
The Company shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award.

G. ESTABLISHMENT OF BOND PAYMENT INFORMATION PACKET
The Company shall establish a bond in the sum of $1,000,000 within forty-five (45) days after the effective date of entering into an agreement with the City. This is to insure faithful performance of the Company’s covenants for the construction, maintenance and repair of the digital billboards and digital banners, for the maintenance and repair of the bus shelters and bus stops, and for the timely payment of all revenues due to the City under the agreement between the Company and the City.

The bond shall be in a form acceptable to the City Attorney and issued by a company licensed to do business in the State of California. The bond shall be maintained throughout the term of the agreement between the Company and the City. The Company shall restore to the bond any amount the City withdraws as liquidated damages, within thirty (30) days after the City withdraws the funds.

H. PRE-PROPOSAL MEETING
There will be no pre-proposal meeting in connection with this RFP.

I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted, and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise.

The City reserves the right to accept or reject the combined or separate components of the proposal in part or in its entirety or to waive any minor inconsistency, informality, or technical defect in the proposal.

The City reserves the right to reject and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors.

J. PROTESTS
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or noninstruction may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination.

The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.

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IV. SUBMITTAL REQUIREMENTS
A. GENERAL

1. NUMBER OF COPIES AND SIGNATURE
Refer to SECTION I “GENERAL” above.

2. DEADLINE
Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS
A responsive proposal shall contain the following documentation:

1. Cover Letter

2. Table of Contents

3. Executive Summary

4. Company Information

5. Statement of Qualifications

6. Company Identification and Experience

7. References

8. Project Understanding

9. Development Proposal

10. Proposed Development Schedule

11. Business Proposal and Financial Plan

12. Certifications
Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.

1. COVER LETTER
A cover letter serves as an introduction of the Company and a brief summary of the Company’s capabilities in outdoor advertising. In the cover letter, the Proposer should also highlight the reasons the City should select it for the design, construction, maintenance and management of its digital billboards and banners and the management of its bus shelters and bus stops.

The cover letter shall include a statement outlining concurrence or concerns with any and all provisions as contained in the Standard Agreement attached as ATTACHMENT 2:

STANDARD AGREEMENT in the Appendix of this RFP and shall be signed by a principal City Council 22 – 14 4/19/2022

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or authorized representative who can make legally binding commitments for the entity.

2. TABLE OF CONTENT
The format of the table of content should be straight forward, with each section followed by a page number.

3. EXECUTIVE SUMMARY
This section should be limited to a brief narrative highlighting the Company's proposal. The summary should be free of technical language and should illustrate the benefits and possibilities offered by the Proposer. It should be between one (1) and five (5) pages long.

There should be no mention of the projected revenue in this section.

4. COMPANY AND TEAM EXPERIENCE
Proposal shall include a profile of the company’s experience. Resumes of project team/subcontractors that outline their technical and design experience should be included. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent the company.

Proposers must provide the following information about their company that demonstrates its stability and ability to support the commitments set forth in the RFP. Proposers should outline the company's background, including:
a. How long the company has been in business.
b. A brief description of the company size and organization. c. Number of customers in California.
d. Total number of customers.
e. Company organizational chart.
f. Financial data, including the most recent audited financial statements (MARKED “CONFIDENTIAL”).

5. STATEMENT OF QUALIFICATIONS
The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE-SIDED PAGES (excluding front and back covers, section dividers and attachments such as resumes, forms).

6. COMPANY IDENTIFICATION AND EXPERIENCE
a. The name, address, and telephone numbers of the Company, along with resumes and a description of background experience of each person with whom the City must communicate.

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b. The type of legal entity with which the City would contract (e.g., individual, corporation, partnership, joint venture, limited-liability company). c. Documentation demonstrating that the Company is qualified to undertake the proposed project, including but not limited to the following:
d. Overall experience with large, multi-site, digital-billboard development e. Experience with public/private development, including references of public partners f. Access to financial resources consistent with project requirements g. A track record of superior design
h. The identity of the principal person within the Company who is authorized to negotiate on its behalf (the “Key Negotiator”) and the authority the Key Negotiator possesses should be provided. If the Key Negotiator has limited authority, the process required to obtain authorization should be described. The Key Negotiator's resume must indicate that he or she is qualified to serve as Key Negotiator, with success in negotiating public/private partnerships and developing the type of development being proposed (include references that can validate the Key Negotiator's role in the prior projects).

7. REFERENCES
Proposal shall include references for three public entities for which Proposer has performed similar work within the past five (5) years. Proposer shall provide references for a minimum of five (5) completed government installations that use the proposed system in a comparable environment. Where possible, at least one such reference should be in the state of California.

The information should include municipality name, address, contact name, telephone number, date of installation, and a list of applications.

Proposal shall include a list of relevant projects which the Company or personnel have completed within the last five (5) years, including significant work with public agencies.

Project information should include project description, contract value, year completed, client name, along with a person to contact and their telephone number.

8. PROJECT UNDERSTANDING
Proposal shall include an outline which demonstrates understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of.

9. DEVELOPMENT PROPOSAL
Proposer must submit Proposal for all locations where a digital billboard and a digital banner are feasible and financially profitable. For freeway locations that are not feasible or financially profitable, the Proposer must state the reason(s) such as physical limitations, low return on investment, etc., for not selecting them. For each of the selected locations, Proposer must submit the following:
a. A description of the proposed digital billboard and digital banner project, including identification of sites and anticipated installation schedule.

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b. The individual digital billboard and digital banner designs, with sufficient detail to illustrate the scale, size, and mix of design elements. At a minimum, the following design information shall be included in schematic form:
 Site Plan
 Elevations
 High-resolution graphic renderings
 Animation or video of installation with same quality, technology and scale c. Information pertaining to each proposed digital billboard and digital banner in sufficient detail to verify conformance with the specifications and requirements outlined in this RFP.

Proposal shall include a Scope of Services which details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided. Scope of Services shall be incorporated into the schedule to complete the project based on the requested Scope of Work as detailed in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP.

10. PROPOSED DEVELOPMENT SCHEDULE
A preliminary schedule shall be submitted for the development of the proposed digital billboards and digital banners that addresses, at a minimum, preparation of sealed foundation, structural and design documents, projected approval dates, commencement and completion of construction, and operation of the digital billboards and digital banners. The City expects that construction of the digital billboards and digital banners will commence within six (6) months of execution of the Agreement with the commissioning of operation within eighteen (18) months. The schedule shall also include a timeline for the replacement of billboards and banners.

The schedule shall include a written statement which provides information on current workload and how this project would be accommodated.

11. BUSINESS PROPOSAL AND FINANCIAL PLAN
Proposer’s projected revenue to City shall include the Company’s best estimate of the revenue from advertising and the City’s portion of that revenue based on a 25% share of the Company’s estimated revenue. The revenue that the City can anticipate from contracting the services is part of the evaluation criteria.

The bases and assumptions used to estimate the total projected gross revenue per year and over twenty-five (25) years shall be presented as part of the proposal. In addition, the anticipated number and location of the proposed digital billboards along the freeways as well as the number and location of digital banners within the City shall be provided based on a preliminary feasibility study. Similarly, the bases for the revenue from advertising at bus stops and bus shelters shall be estimated.

The revenue from digital billboards, digital banners, bus stops and bus shelters shall be presented as three (3) separate line items with the associated bases and assumptions used in City Council 22 – 17 4/19/2022

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the calculation of the revenue for each. In addition, the following tables shall be completed and submitted as part of the Proposal to provide additional details.

Table 1. Justification for the Selection of Billboard Sites and Projected Advertising Revenue.

Potential Digital Billboard
Locations
Advantages and
Disadvantages(1)
Projected
Annual
Gross
Revenue(2)
Projected
Gross
Revenue
Over 25
Years
Comments(3)
WELL 38 (SANTA ANA ZOO)

SANTA ANA WATER TOWER

SANTIAGO CREEK AT

BROADWAY

RIVERVIEW

LA VETA PARK
WELL 28 (SANTIAGO

ARCHERY RANGE), BACK TO

NATIVES, CROOKE

RESERVOIR
SA-7 AT RICHEY
WEST OF WARNER AT SR-55

FULLER LOT

NORTHWEST OF GRAND
AND I-5

WEST OF SANT ACLARA AT
I-5

SOUTHWEST OF MCFADDEN
AT SR-55
WEST OF ALTON AT SR-55
(1) The basis for the selection of the top revenue generating sites taking into account other considerations such as environmental and esthetic impacts, assurance for the adherence to City requirements and compliance with all rules and regulations for electronic signs adopted by the Federal Highway Administration, United States Department of Transportation and the California Department of Transportation (Caltrans).
(2) Total gross revenue in US dollars from advertising as projected per year. (3) Any additional justification for the selected sites and the increase in the annual gross revenue over twenty-five (25) years.

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Table 2. Justification for the Selection of City Banners Sites and Projected Advertising Revenue.

Proposed Location for
Digital Banners(1)
Basis for
Selection(2)
Projected
Annual Gross
Revenue(3)
Projected
Gross
Revenue
Over 25
Years
Comments(4)
Location 1:
__________________
Location 2:
__________________
Location 3:
__________________
Location 4:
__________________
(1) The City has envisioned the installation of up to four new digital banners within the City. However, if Company recommends adding banners in addition to the four envisioned by the City, justifications must be presented. (2) The basis for the selection of the top revenue generating sites taking into consideration other considerations such as environmental and esthetic impacts, assurance for the adherence to City’s requirements and compliance with all rules and regulations for electronic signs adopted by the Federal Highway Administration and the United States Department of Transportation. Traffic studies are available and can be provided upon request.
(3) Total gross revenue in US dollars from advertising as projected per year. (4) Any additional justification for the selected sites, any potential concern from local associations for the proposed locations of the digital banners and the increase in the annual gross revenue over twenty-five (25) years.

Table 3. Projected Advertising Revenue from Bus Shelters.

Projected Gross Revenue(1) Comments(2)
Per Year Over 25
Years
Per Bus
Shelter
(1) Total gross revenue in US dollars from advertising as projected per year, over 25 years and per bus shelter. (2) Any additional comments in support of the projected gross revenue from advertising.

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Proposer’s best estimate of the projected revenue to City shall be submitted (along with the completed three (3) tables presented above) concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as “PROJECTED REVENUE”. This shall include the Proposer’s best estimate of the revenue from advertising and the City’s portion of that revenue based on a 25% share of the advertisement projected revenue.

The bases and assumptions used to estimate the total revenue shall be presented as part of the proposal. In addition, Proposer shall provide the recommended number and location of digital billboards along the freeways as well as the number and location of digital banners within the City. Similarly, the bases for the revenue from advertising at bus shelters shall be provided.

The proposal for the projected revenue to the City will be opened and reviewed following a review of the proposal and independently of the rest of the proposal, and it will be weighted per the percentage identified in SECTION I “General” above.

12. CERTIFICATIONS
The forms listed below and included in ATTACHMENT 4: CERTIFICATIONS in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package:
a. Non-Collusion Affidavit
b. Non-Lobbying Certification
c. Non-Discrimination Certification
V. PROPOSAL REVIEW (SELECTION OF PROPOSER)
A. EVALUATION AND RATING
Refer to SECTION I “GENERAL” above.

B. SELECTION
The committee may interview the top-ranking proposers. The City will recommend award of the agreement to the Company that will provide the best quality and value to the City. City reserves the right to begin negotiations and to enter into an agreement without interview or further discussions.

VI. AWARD OF AGREEMENT
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City.

B. EXECUTION OF AGREEMENT
A standard agreement is included as ATTACHMENT 5: in the Appendix of this RFP. “Proposer” will hereinafter be referred to as “Company” in the standard agreement. The term of the agreement City Council 22 – 20 4/19/2022

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Santa Ana City CouncilApril 19, 2022

Santa Ana City Council
April 19, 2022