Agenda packet — Santa Ana City Council, October 18, 2022 (part 1 of 7)

City Council Meeting Packet
October 18, 2022
SPECIAL CLOSED SESSION MEETING – 3:00 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
Nelida Mendoza
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Mayor Pro Tem Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Kristine Ridge
City Manager
Vacant
Clerk of the Council
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 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 10/18/2022
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 3.

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

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

Office of the Clerk of the Council, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 2:00 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 2:00 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 10/18/2022
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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 3.

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 required for members of the public who enter City buildings. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair.

Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 3:00 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 3:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL BY 3:00 p.m.

Speakers who are not in the speaker queue by 3:00 p.m. will not be permitted to speak. 2LIVEPUBLICCOMMENTSONREGULARAGENDAITEMSANDNONAGENDA
City Council 3 10/18/2022
The following designated public comment periods are:

Speakers who are not in the speaker queue by 3:00 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 ).

SPECIAL 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
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 EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
City Council 4 10/18/2022
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 ).

1. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council

2. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Santa Ana Police Officers Association and Gerry Serrano v. City of Santa Ana, Santa Ana Police Department, David Valentin, Kristin (sic) Ridge, Sonia Carvalho, Jason Motsick, and Does IX, Orange County Superior Court, Case No. 302021 01230129
B. Santa Ana Police Officers Association and Doe Officers v. David Valentin, Sonia Carvalho, Kristine Ridge, City of Santa Ana, Santa Ana Police Department, Santa Ana City Attorney’s Office, and Does IX, Orange County Superior Court, Case No. 30 202101230134

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

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

SantaAnaPoliceOfficersAssociation(POA)
City Council 5 10/18/2022
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202101230134

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

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

Santa Ana Police Officers Association (POA)
Santa Ana Police Management Association (PMA)
Service Employees’ International Union (SEIU) FullTime Employees Service Employees’ International Union (SEIU) PartTime NonCivil Service Employees
Confidential Association of Santa Ana (CASA)
Santa Ana Management Association (SAMA)

4. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code 54956.8
Agency Negotiator: Nabil Saba, Executive Director Public Works Negotiating Parties: Frank Bryan John Turner, Authorized Signer, RIF 40, LLC.

Under Negotiation: Price and terms related to the possible disposition/acquisition of real property interest.

Address of Properties: 4404 W. First Street, APN: 18802108 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 Pastor Matt Doan
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Pro Tem Bacerra declaring October 2022 as Filipino American History Month.

2. Certificates of Recognition presented by Councilmember Lopez to the Santiago Elementary School Speech & Debate Team for Exemplary Academic Achievements.

3. Proclamation presented by Councilmember Mendoza declaring October 30 to November52022asChildhoodCancerAwarenessWeek
City Council 6 10/18/2022
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 Pastor Matt Doan
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Pro Tem Bacerra declaring October 2022 as Filipino American History Month.

2. Certificates of Recognition presented by Councilmember Lopez to the Santiago Elementary School Speech & Debate Team for Exemplary Academic Achievements.

3. Proclamation presented by Councilmember Mendoza declaring October 30 to November 5, 2022 as Childhood Cancer Awareness Week.

4. Proclamation presented by Councilmember Penaloza declaring October 2022 as National Pregnancy and Infant Loss Awareness Month.

5. Proclamation presented by Councilmember Phan declaring October 2022 as Domestic Violence Awareness Month.

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: 6 through 21.

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

7. Minutes from the Regular City Council Meeting of August 2, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

8. Appoint Michelle Cisneros Nominated by Councilmember Mendoza as the Ward 2 Representative to the Personnel Board for a Partialterm Expiring December 13, 2022 Department(s): Clerk of the Council Office
Recommended Action: Appoint Michelle Cisneros to the Personnel Board as the Ward 2 representative and administer Oath of Office.

City Council 7 10/18/2022
Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

9. Appoint Dr. Annebelle Nery, representing Title II Adult Education, to the Santa Ana Workforce Development Board
Department(s): Community Development Agency
Recommended Action: Appoint Dr. Annebelle Nery, for a partial term expiring May 31, 2023 (replacing Dr. Marilyn Flores), to represent Title II Adult Education on the Workforce Development Board.

10. Award a Purchase Order in an Amount of $368,636 to Altec Industries, Inc. for Two Utility Boom Trucks (Specification No. 22079) (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to Altec Industries, Inc. in the amount of $368,636, plus a contingency of $20,000, for a total amount not to exceed $388,636, for the purchase of two utility boom trucks, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

11. Award a Purchase Order in the Amount of $83,872 to National Auto Fleet Group for Two Ford F150 Trucks for the Public Works Agency’s Code Enforcement Officers (Specification No. 22128) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford F150 Trucks in the amount of $78,872, plus a contingency of $5,000, for a total amount not to exceed $83,872, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

12. Award a Purchase Order in the Amount of $104,058 to National Auto Fleet Group for Ford Transit T350 Plumbers Van for Parks Maintenance (Specification No. 22127) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a onetime purchase and payment of purchase order to National Auto Fleet Group for the purchase of one Ford Transit T350 Plumbers van in the amount of $94,058, plus a contingency of $10,000, for a total amount not to exceed $104,058, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

13. Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $156,000; and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an City Council 8 10/18/2022
order to National Auto Fleet Group for the purchase of one Ford Transit T350 Plumbers van in the amount of $94,058, plus a contingency of $10,000, for a total amount not to exceed $104,058, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

13. Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $156,000; and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $156,000 (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Office of Traffic Safety (OTS) Pedestrian and Bicycle Safety grant funds in the amount of $156,000 in the OTSPWA Traffic Safety Grants, Federal GrantsIndirect revenue account and appropriate the same amount to the OTSBicycle Safety PWA, Contract ServicesProfessional expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a oneyear grant agreement (PS23007) with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $156,000, for a oneyear period beginning October 1, 2022 and ending September 30, 2023, (time frame consistent with the grant cycle), subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc. to provide bicycle safety education services for a oneyear period, beginning October 18, 2022 and ending October 31, 2023, in an amount not to exceed $156,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

14. Approve an Agreement with Lyons Security Services Inc. to Provide Security Guard Services at Various City Sites in an Amount Not to Exceed $15,035,621, plus a $3,007,125 contingency, for a total Amount Not to Exceed $18,042,746 for a ThreeYear Term (General and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Lyons Security Services, Inc. to provide unarmed and armed security guard services at various City sites, in an amount not to exceed $18,042,746, which includes a contingency of $3,007,125, for a threeyear term beginning November 1, 2022 and expiring October 31, 2025, with an option for two, oneyear extensions, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

15. Authorize Two Purchase Agreements in the Amount of $1,535,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owners: Le and Martinez) (Project No. 186901) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase agreement with Vivian Montejano Martinez for the full acquisition and goodwill (if any) of the property located at 2245 S Hickory Street (APN 01610428) in the amount of $725,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

2. Authorize the City Manager to execute a purchase agreement with Huyn T. Le and City Council 9 10/18/2022
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Department(s): Public Works Agency
Recommended Action: 1. Authorize the City Manager to execute a purchase agreement with Vivian Montejano Martinez for the full acquisition and goodwill (if any) of the property located at 2245 S Hickory Street (APN 01610428) in the amount of $725,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

2. Authorize the City Manager to execute a purchase agreement with Huyn T. Le and My Nguyen, husband and wife, and Hien The Le, a single man, as joint tenants, for the full acquisition and goodwill (if any) of the property located at 2247 S Cedar Street (APN 01621226) in the amount of $810,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

16. Approve Agreements with ATech Consulting, Inc., Dudek, and Leighton Consulting Inc. for OnCall Various Environmental Services in an Amount Not to Exceed $135,000 for Each Specialty Area for ThreeYear Terms (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute agreements with ATech Consulting, Inc., Dudek, and Leighton Consulting Inc., to provide environmental site assessments and hazardous materials survey services in a shared aggregate amount not to exceed $135,000 annually for each specialty area, for a threeyear term beginning October 18, 2022 and expiring October 17, 2025, with an option for two, oneyear extensions, subject nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

17. Approve Agreements with P2S, Inc. and SMAART POWER for Arc Flash Analysis and Electrical Safety Program Development for a Total Amount not to Exceed $500,000 for up to a FiveYear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with P2S, Inc. and SMAART POWER, LLC for arc flash analysis and electrical safety program development for a threeyear period, beginning October 18, 2022 and expiring October 17, 2025, with provisions for one, twoyear renewal period exercisable by the City Manager and City Attorney, with a shared aggregate amount not to exceed $500,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney (Agreement No. 2022XXX).

18. Historic Property Preservation Agreements
Department(s): Planning and Building Agency
Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreement with the belowreferenced property owners for the identified structure(s), subject to nonsubstantive changes approved by the City Manager and City Attorney.

Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC

1. Benjamin and Catherine Mayberry, 202203, 2405 N Bonnie Brae, 6:1:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

2. Duane Rohrbacher and Shannon Quihuiz, 202205, 419 E. Wellington Avenue, 7:0:0:2(PenaSarmientoandShippAbsent)(AgreementNo2022XXX) City Council 10 10/18/2022
Manager and City Attorney.

Property Owner(s), Historic Property Preservation Agreement No., Address/House, Vote by HRC

1. Benjamin and Catherine Mayberry, 202203, 2405 N Bonnie Brae, 6:1:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

2. Duane Rohrbacher and Shannon Quihuiz, 202205, 419 E. Wellington Avenue, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

3. Eriq Dominguez, 202213, 2222 N Ross Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

4. Mark and Wendy Blalock, 202214, 1720 N Olive Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

5. Yi Ran and Tom Nguyen, 202215, 1802 N Ross Street, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

6. Marny Gae Renteria, 202216, 1128 W Riviera Drive, 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

7. Katherine Canada, 202217, 2425 N Valencia Street , 7:0:0:2 (Pena Sarmiento and Shipp Absent) (Agreement No. 2022XXX)

19. Approve Second Amendment to the Agreement with Siemens Industry, Inc. in the amount of $37,000 for Public Safety Video Surveillance System Repairs (General and NonGeneral Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a second amendment to the agreement with Siemens Industry, Inc. in an amount not to exceed $37,000 for repairs and replacement of surveillance camera components, for a total aggregate amount not to exceed $3,419,870 during the term of the agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

20. Agreement with Seaside Ice, LLC, dba IceAmerica, for a Seasonal Ice Rink and Related Services (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an agreement with Seaside Ice, LLC, dba IceAmerica, for a total amount not to exceed $707,062, which includes the base amount of $646,462 and a contingency amount of $60,600, for a term beginning October 18, 2022 and ending January 31, 2023, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

21. Second Reading of Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances
First reading at the October 4, 2022 City Council meeting and approved by a vote of 43 (Bacerra, Mendoza and Penaloza dissented)
Published in the Orange County Reporter on October 7, 2022.

Department(s): Community Development Agency
Recommended Action: NSXXXX – Place Ordinance amending the Rent City Council 11 10/18/2022
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Eviction Ordinances
First reading at the October 4, 2022 City Council meeting and approved by a vote of 43 (Bacerra, Mendoza and Penaloza dissented)
Published in the Orange County Reporter on October 7, 2022.

Department(s): Community Development Agency
Recommended Action: NSXXXX – Place Ordinance amending the Rent Stabilization and Just Cause Eviction Ordinances on second reading and adopt. **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

22. Discuss Draft Ordinance Establishing a Police Oversight Commission and Provide Direction to Staff
Department(s): City Manager Office
Recommended Action: Discuss a draft ordinance establishing a police oversight commission and provide direction to staff.
**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on Public Hearing items.

23. Public Hearing – Report on Water Quality Relative to Public Health Goals Legal Notice published in the Orange County Reporter on October 7, 2022.

Department(s): Public Works Agency
Recommended Action: Receive and file the Report on Water Quality Relative to Public Health Goals.

COUNCILMEMBER REQUESTED ITEMS

24. Discuss and Consider Directing the City Manager to Direct Staff to Bring Back a Resolution Opposing the County of Orange from Operating any Cold Weather Shelter within Santa Ana City Limits and Encourage the County to Rotate the Annual Cold Weather Shelter Throughout Different Cities within the Different Service Planning Areas (SPA's) Councilmember Penaloza
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meetingoranyconferencemeetingoreventattended
City Council 12 10/18/2022
Areas (SPAs) Councilmember Penaloza
CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting.

City Council 13 10/18/2022
DRAFT Minutes of the Regular Meeting of the
City Council
City of Santa Ana, California
August 02, 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
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
MINUTES: Mayor Sarmiento called the Closed Session meeting to order at 5:09 p.m.

ROLL CALL
MINUTES: City staff conducted roll call. All councilmembers were present.

City Council City Council 7 – 1 1 10/18/2022 8/2/2022
ROLL CALL
MINUTES: City staff conducted roll call. All councilmembers were present.

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

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

2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code 54957
Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT – The City Attorney will report on any action(s) to be taken at the Regular Open Session which will begin immediately following the Closed Session.

MINUTES: Nothing to report out.

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

MINUTES: Mayor Sarmiento recessed the portion of the meeting to consider the Special Closed Session items at 5:11 p.m.

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

MINUTES: Mayor Sarmiento adjourned Closed Session meeting at 5:55 p.m. and convened to the Regular Open Session.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:04 p.m.

City Council City Council 7 – 2 2 10/18/2022 8/2/2022
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convened to the Regular Open Session.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:04 p.m.

ROLL CALL
MINUTES: City staff conducted roll call. All councilmembers were present.

PLEDGE OF ALLEGIANCE Mayor Sarmiento
MINUTES: Councilmember Penaloza led the pledge of allegiance.

WORDS OF INSPIRATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Sarmiento and Councilmember Mendoza to Nashely and Gilbert Lopez for Outstanding Contributions to the Community.

2. Proclamation presented by Councilmember Hernandez declaring August 2022 as Chicano Heritage Month.

3. Certificate of Recognition presented by Councilmember Lopez to Preston Joseph Dillard for Outstanding Contributions to the Community.

4. Certificate of Recognition presented by Councilmember Mendoza to Dr. Annebelle Nery for Outstanding Contributions to Higher Education.

5. Certificate of Recognition presented by Councilmember Phan and Mayor Sarmiento to Santa Anita Neighborhood Youth Volunteers for Outstanding Contributions to the Community.

STAFF PRESENTATIONS

6. COVID19 Update in the Community
MINUTES: City Manager Kristine Ridge provided a brief presentation.

7. OC Streetcar Project – Orange County Transportation Authority and Public Works Agency
MINUTES: Staff provided a brief presentation in collaboration with Orange County Transportation Authority staff.

Council discussion ensued and direction was provided to the Orange County Transportation Authority staff.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed

City Council City Council 7 – 3 3 10/18/2022 8/2/2022
MINUTES: Staff provided a brief presentation in collaboration with Orange County Transportation Authority staff.

Council discussion ensued and direction was provided to the Orange County Transportation Authority staff.

CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

MINUTES: City Attorney, Sonia Carvalho reported out on the vacancy of the Clerk of the Council position.

PUBLIC COMMENT – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, except for public hearings. Comments for public hearings will take place after the hearing is opened.

MINUTES: Delilah Snell spoke regarding the Orange County Street Car construction, downtown businesses and item 17.

Maribel Gomez provided comments regarding downtown business and requested assistance.

Marcela Prado provided comments regarding downtown businesses, requested council approve financial assistance and spoke regarding lack of trash services.

Shawn Makhani spoke regarding the impact the Orange County Street Car construction has had on downtown businesses.

Aaron Senese provided comments on item 7 in regard to the downtown businesses and provided various comments on highcapacity transportation.

Juliet Castro requested financial assistance for the downtown businesses that have been affected by the Orange County Street Car construction.

Melissa Mier spoke regarding the damage Nova Academy has suffered as a result of the Orange County Street Car construction.

Stephanie Cuevas spoke regarding the damage Nova Academy has suffered as a result of the Orange County Street Car construction.

Walter Ayala provided comments regarding financial assistance for downtown businesses.

Kelly KrausLee provided comments regarding the various issues that have arisen in her neighborhood as a result of the Orange County Street Car construction.

Martha Garcia regarding item 17, requested financial assistance for the community.

Victor Mendez provided comment on the budget.

CONSENT CALENDAR

City Council City Council 7 – 4 4 10/18/2022 8/2/2022
Martha Garcia regarding item 17, requested financial assistance for the community.

Victor Mendez provided comment on the budget.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 16.

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

9. Minutes from the Regular Meeting of May 17, 2022
Department(s): Clerk of the Council
Recommended Action: Approve minutes.

10. Minutes from the Regular and Housing Authority Meeting of June 7, 2022 Department(s): Clerk of the Council Office
Recommended Action: Approve minutes.

11. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 33 OF THE SANTA ANA MUNICIPAL CODE (STREETS, SIDEWALKS AND PUBLIC WORKS) BY ADDING ARTICLE XI RELATING TO CEREMONIAL STREET NAMING
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.

Published in the Orange County Reporter on July 22, 2022.

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

MINUTES: This consent Item Ordinance No. NS3024 was approved.

12. Adopt Ordinance AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING ARTICLE I OF CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE TO REQUIRE SIGNS AT COMMERCIAL CENTERS PROVIDING INFORMATION ABOUT PROPERTY MAINTENANCE TO THE PUBLIC
First reading at the July 19, 2022 City Council meeting and approved by a vote of 70.

Published in the Orange County Reporter on July 22, 2022.

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

MINUTES: This consent Item Ordinance No. NS3025 was approved.

13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a

City Council City Council 7 – 5 5 10/18/2022 8/2/2022
gypy,
Department(s): Planning and Building Agency
Recommended Action: Place ordinance on second reading and adopt.

MINUTES: This consent Item Ordinance No. NS3025 was approved.

13. Approve an Agreement with KTUA for Traffic Planning and Engineering Services for the Safe Mobility Santa Ana Plan Update in the Amount of $180,000 for a up to a Fiveyear Term (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with KTUA, for transportation/traffic planning and engineering services for the Safe Mobility Santa Ana (SMSA) plan update, for a threeyear period beginning August 2, 2022, and ending on August 1, 2025, with the option to extend for up to a twoyear period, in a total aggregate amount not to exceed $180,000, subject to nonsubstantive changes approved by the City Manager and City Attorney (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement No. 2022151 was approved.

14. Approve Agreement between the City of Santa Ana and William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California Medical Corporation, Doing Business as Sunrise Multispecialist Medical Center, for NonIndustrial Medical Services (NonGeneral Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an Aareement with William H. Nuesse M.D. and Mary Ann Nuesse, D.O, a California medical corporation, doing business as Sunrise Multispecialist Medical Center, to provide nonindustrial medical services for a threeyear term (June 7, 2022 through June 30, 2025) with the option of one 1year extension, subject to nonsubstantive changes approved by the City Manager and City Attorney. The agreement shall not exceed $200,000 over the term of the Agreement (Agreement No. 2022XXX).

MINUTES: This consent Item Agreement No. 2022152 was approved.

15. Adopt a Resolution Declaring CityOwned Properties as Exempt Surplus Land for the Purpose of a Real Property Exchange with the State of California Department(s): Community Development Agency
Recommended Action: Resolution No. 2022XXX – Adopt a resolution declaring Cityowned properties as exempt surplus land pursuant to California Government Code § 54220 et seq. for exchange of State of California real property for the City’s use, and authorize the City Manager to execute any and all documents necessary to complete the exchange.

MINUTES: This consent Item Resolution No. 2022065 was approved.

City Council City Council 7 – 6 6 10/18/2022 8/2/2022
MINUTES: This consent Item Resolution No. 2022065 was approved.

16. Orange County Grand Jury’s Investigative Report, Findings, and Recommendations Regarding “How is Orange County Addressing Homelessness” Department(s): City Manager Office
Recommended Action: Receive and file the Orange County Grand Jury’s investigative report, findings, and recommendations regarding Orange County Homelessness and authorize the City Manager to deliver the City’s response to the findings and recommendations to the Presiding Judge of the Superior Court.

Moved by Councilmember Penaloza, seconded by
Councilmember Hernandez to approve.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Councilmember Penaloza directed staff to add language stating the agreement.

Moved by Councilmember Hernandez, seconded by Councilmember Penaloza to approve items 815 with the exception of item 16.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
**END OF CONSENT CALENDAR**
BUSINESS CALENDAR

17. Approve the $128,360,000 Revive Santa Ana Spending Plan, Appropriate Federal American Rescue Plan Act (ARPA) Funding, and Adopt a Resolution to Amend the FY 202223 Annual Budget to Add LimitedTerm FullTime Positions (Revive Santa Ana Program)
Department(s): City Manager Office
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.

2. Approve an appropriation adjustment of $64,180,000 to authorize spending from the federal American Rescue Plan Act (ARPA) for various expenditures to recover from COVID19, including authorization for the City Manager to move appropriated money between Spending Plan line items to reflect evolving federal guidelines and individualprogrampopularity.(Requiresfiveaffirmativevotes)

City Council City Council 7 – 7 7 10/18/2022 8/2/2022
p()yg
Recommended Action: 1. Approve the updated $128,360,000 Revive Santa Ana Spending Plan to protect and revive the community as Santa Ana continues to emerge from the impacts of the COVID19 pandemic.

3. Resolution No. 2022XXX – Adopt a resolution to amend the Fiscal Year 202223 Annual Budget to add limitedterm fulltime positions for the implementation of Revive Santa Ana projects.

Moved by Mayor Pro Tem Bacerra, seconded by Councilmember Penaloza to approve.

YES: 7 – Hernandez, Lopez, Mendoza, Penaloza, Phan, Bacerra, Sarmiento NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 – 0 – 0 – 0 – Pass
MINUTES: Council discussion ensued and direction provided to staff.

This business Item Resolution No. 2022066 was approved.

18. Direct Staff to Place a Proposed Charter Amendment Voter Ballot Measure for Public Consideration at the November 8, 2022 General Municipal Election; Adopt a Resolution, Authorize and Designate City Councilmembers to File an Argument; Direct City Attorney to File an Impartial Analysis; and Other Related Documents Calling for a General Municipal Election and Consolidating it with the Statewide General Election
Department(s): City Manager Office
Recommended Action: 1. Resolution No. 2022XXX – Adopt a Resolution of the City Council of the City of Santa Ana calling for the placement on the ballot of a measure for the November 8, 2022 General Municipal Election for the submission to the qualified voters of the question of whether the City Charter should be amended to update the City Charter by imposing a lifetime ban for the Mayor after completion of 4 terms and a lifetime ban for Councilmembers after completion of 3 terms, requiring approval of 2/3 of the City Council to adopt a budget, expanding the application of the Code of Ethics, utilizing gender neutral language throughout the Charter, changing references to the “Clerk of Council” to “City Clerk” and making other minor cleanup updates.

2. Request that the Board of Supervisors of Orange County Consolidate the City’s General Municipal Election with the Statewide General Election.

3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.

4. Direct the City Attorney to prepare an Impartial Analysis.

5. Direct the Clerk of the Council to publish legal notices as required by law.

City Council City Council 7 – 8 8 10/18/2022 8/2/2022
General Municipal Election with the Statewide General Election.

3. Authorize the filing of Arguments and Rebuttals.
a. Designate up to five (5) Councilmembers to author an Argument and Rebuttal Statement.

4. Direct the City Attorney to prepare an Impartial Analysis.

5. Direct the Clerk of the Council to publish legal notices as required by law.

Moved by Councilmember Phan, seconded by Mayor Pro Tem Bacerra to adopt.

YES: 5 – Hernandez, Mendoza, Penaloza, Phan, Bacerra
NO: 2 – Lopez, – Sarmiento
ABSTAIN: 0
ABSENT: 0
Status: 5 – 2 – 0 – 0 – Pass
MINUTES: Discussion ensued and discussion was provided to staff.

This business Item Resolution No. 2022067 was approved. **END OF BUSINESS CALENDAR**
CITY MANAGER COMMENTS
MINUTES: City Manager Kristine Ridge provided comment on hate crimes.

COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

MINUTES: Councilmember Mendoza reminded residents of the concert at El Salvador Park.

Councilmember Phan announced to residents an upcoming concert in the park and reminded the public of the upcoming movies in the park event.

Councilmember Penaloza invited the public to attend Madison Park on August 17 for movies in the park.

Mayor Pro Tem Bacerra requested to light up the water tower in blue in memory of Vin Scully.

ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1. Mental Health Mobile Outreach Services

2. Community Workforce Agreement
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 10:03 p.m. th

City Council City Council 7 – 9 9 10/18/2022 8/2/2022
ADJOURNMENT – Adjourn the City Council meeting.

Future Items

1. Mental Health Mobile Outreach Services

2. Community Workforce Agreement
MINUTES: Mayor Sarmiento adjourned the City Council meeting at 10:03 p.m.

City Council City Council 7 – 10 10 10/18/2022 8/2/2022 Community Development Agency
santa-ana.org/cd
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Appoint Dr. Annebelle Nery, Santa Ana College to the Workforce Development Board
AGENDA TITLE:

Appoint Dr. Annebelle Nery, representing Title II Adult Education, to the Santa Ana Workforce Development Board

RECOMMENDED ACTION
Appoint Dr. Annebelle Nery, for a partial term expiring May 31, 2023 (replacing Dr. Marilyn Flores), to represent Title II Adult Education on the Workforce Development Board.

DISCUSSION
On May 17, 2016, the City Council adopted Resolution 2016-031, establishing the Santa Ana Workforce Development Board (WDB), and appointed 25 members. In accordance with the federal Workforce Innovation and Opportunity Act (WIOA) Section 107(b)(2)(AD), a local WDB is to be composed of representatives from specific categories and the number of WDB members in the categories is to be proportional to the total membership while maintaining a greater than 50 percent representation from the business sector. WDB members are to be appointed by the City Council under the categories of membership, prescribed by law, as follows:
• Representatives from local businesses: 13 members
• Representatives from labor, labor registered apprenticeship, and/or community based organization: 5 members
• Representatives from local education institutions: 3 members • Representative from government entities (Dept. of Rehabilitation, Social Services Agency, EDD, and Economic Development): 4 members
Dr. Marilyn Flores, former interim President of Santa Ana College, has resigned. Staff has received a letter from the Rancho Santiago Community College District nominating Dr.

Annebelle Nery, President of Santa Ana College, for appointment to the WDB (Exhibit 1).

Dr. Nery will represent local education/Title II Adult Education on the WDB.

City Council 9 – 1 10/18/2022
Appoint Dr. Annebelle Nery, Santa Ana College to the Workforce Development Board October 18, 2022

Page 2 ends

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

EXHIBIT(S)

1. Nomination Letter and Resume – Dr. Annebelle Nery
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 9 – 2 10/18/2022
September 26, 2022
Ms. Deborah Sanchez
Economic Development Specialist III
Santa Ana Work Center
801 W. Civic Center Drive, Suite #200
Santa Ana, CA 92701
Dear Ms. Sanchez,
On behalf of the Rancho Santiago Community College District (RSCCD), I am pleased to nominate Dr. Annebelle Nery, President of Santa Ana College for appointment to the Santa Ana Workforce Development Board (SAWDB) in the area of Higher Education.

With more than 25 years of experience working in higher education, she has worked successfully with colleagues, faculty, staff, students, leadership and community members in multiple capacities in student services, instruction, instructional technology and institutional effectiveness and planning. Institutions at which she worked have increased student outcomes, positively impacted their respective local communities and closed equity gaps. Under her leadership many innovative and effective programs were founded. Dr. Nery has the background which will enable her to make a meaningful contribution as a member of the SAWDB
We are confident that Dr. Nery will do an outstanding job representing RSCCD and be a major contributor to the SAWDB. If you should require anything further, please contact us.

Sincerely,
Marvin Martinez
Chancellor
EXHIBIT 1
City Council 9 – 3 10/18/2022
Annebelle Nery, Ph.D.

President, Santa Ana College
Annebelle Nery, Ph.D. was appointed President of Santa Ana College (SAC) in January 2022. Reporting to the Rancho Santiago Community College District Chancellor, her responsibilities include planning, organizing and implementing educational policy and procedures to develop curriculum and student support services; budget management; enhancing partnerships with business, governmental and community organizations, as well as with the K-12 and higher education institutions in the area; and leading the institution’s fund development efforts.

In her 25 years of experience in education, Dr. Nery has served in a number of administrative capacities most recently as Vice President of Instruction and prior to that Vice President of Student Services at College of the Desert. In these roles she worked successfully with colleagues, faculty, staff, students, leadership and community members in multiple capacities in student services, instruction, instructional technology, and institutional effectiveness and planning.

Supported by Dr. Nery, the colleges at which she worked received state and national recognition in recent years that have increased student outcomes, positively impacted their respective local communities, and closed equity gaps. Under her leadership, many innovative and effective programs were founded, including the College of the Desert’s highly acclaimed EDGE/pIEDGE Program, which is widely recognized as a best practice in making an impact on diversity. Dr. Nery was recently named the 2021 Administrator of the Year by the California Association of Postsecondary Education and Disability and the California Community Colleges named Dr. Nery Chief Student Services Officer of the Year in 2019.

Dr. Nery earned a doctor of philosophy in Sociology/Organization and Statistics from the University of California, Riverside, a bachelor of arts degree and masters degree in Sociology from California State University, Los Angeles and an associate degree from Los Angeles Pierce College.

A first generation college student with Spanish as her first language, Dr. Nery is an equity advocate with significant work in social justice. Her guiding principle is to ensure student success is at the center of all decision-making.

January 2022
EXHIBIT 1
City Council 9 – 4 10/18/2022
Public Works Agency
www.santa-ana.org/departments/public-works/
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Award Purchase Order to Altec Industries, Inc. for Utility Boom Trucks AGENDA TITLE:

Award a Purchase Order in an Amount of $368,636 to Altec Industries, Inc. for Two Utility Boom Trucks (Specification No. 22-079) (General and Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Altec Industries, Inc. in the amount of $368,636, plus a contingency of $20,000, for a total amount not to exceed $388,636, for the purchase of two utility boom trucks, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The Public Works Agency’s Fleet Services Division (Fleet) is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Several departments within the City require the use of utility boom trucks, which allow staff to safely reach altitudes of up to 40 feet to perform various job functions.

These utility boom trucks are being procured on a shared interdepartmental model to enable each specified department to effectively and efficiently meet their respective service delivery needs. In this manner, Fleet can procure two utility boom trucks to serve the needs of two Divisions of the Public Works Agency, as well as the Santa Ana Police Department.

The Public Works Agency’s Water Resources Division maintains a wide network of towerand pole-mounted industrial control instrumentation and communications devices used for monitoring and controlling the City’s water and sewer systems. These devices require routine maintenance and repositioning. The Public Works Agency’s Traffic Engineering Division maintains a vast network of traffic signal systems and street lights which require routine maintenance. The Santa Ana Police Department operates a network of mounted security systems that require routine maintenance and repositioning.

Page 2 ends

Powers Alliance), awarded a contract to Altec Industries, Inc. (Contract No. 012418-ALT) for procurement of Digger Derricks, Bucket Trucks, & Utility Equipment as a result of open competitive bidding on behalf of its members, which includes government agencies.

Utilizing the contract awarded to Altec Industries, Inc. allows the City to make purchases through March 14, 2023, and is in accordance with the City’s existing Purchasing Guidelines.

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

FISCAL IMPACT
Funds are available for expenditure in the current Fiscal Year 2022-23 as follows:

Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description Amount
2022-23 06017640-66400 Water Fund
Water Utility Water
Production & Supply,
Machinery & Equipment
$140,000
2022-23 01214010-66410
Cannabis
Public Benefit
Fund
Police Enforcement
Services, Vehicle
Purchase
$98,636
2022-23 01117630-66400 General Fund
Public Works-Street
Light Maintenance,
Machinery & Equipment
$150,000
Total $388,636
Submitted By:

Nabil Saba, P.E., Executive Director – Public Works Agency David Valentin, Chief of Police – Santa Ana Police Department Approved By: Kristine Ridge, City Manager
City Council 10 – 2 10/18/2022
Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Purchase of Two Ford F-150 Trucks for Public Works Agency’s Code Enforcement Officers
AGENDA TITLE:

Award a Purchase Order in the Amount of $83,872 to National Auto Fleet Group for Two Ford F-150 Trucks for the Public Works Agency’s Code Enforcement Officers (Specification No. 22-128) (Non-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 F-150 Trucks in the amount of $78,872, plus a contingency of $5,000, for a total amount not to exceed $83,872, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The City of Santa Ana’s Public Works Agency is required to enforce compliance of Senate Bill 1383 and will be hiring two dedicated code enforcement officers to do so. These officers will be in need of vehicles to perform daily operations that include the issuance of citations to non-compliant accounts as noted in the City’s ordinance.

The Public Works Agency’s Fleet Services Division (Fleet), is responsible for the purchase, maintenance, repair, and replacement of vehicles, trucks, and various maintenance equipment. Fleet is assisting with the purchase of two Ford F-150 Trucks for use by two code enforcement officers.

Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts for 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, & Other Vehicles as a result of open competitive bidding on behalf of its members, which includes 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.

City Council 11 – 1 10/18/2022
Purchase of Two Ford F-150 Trucks for Code Enforcement Officers October 18, 2022

Page 2 ends

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

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
2022-23 06917640-66400
Refuse
Collection
Service
Refuse Collection
Service, Machinery and
Equipment
$83,872
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 11 – 2 10/18/2022
Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Purchase of Ford Transit T-350 Plumbers Van for Parks Maintenance AGENDA TITLE:

Award a Purchase Order in the Amount of $104,058 to National Auto Fleet Group for Ford Transit T-350 Plumbers Van for Parks Maintenance (Specification No. 22-127) (General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of one Ford Transit T-350 Plumbers van in the amount of $94,058, plus a contingency of $10,000, for a total amount not to exceed $104,058, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The Public Works Agency’s Fleet Services Division (Fleet) is responsible for the purchase, maintenance, repair, and replacement of vehicles, trucks, and various maintenance equipment. Fleet is assisting the Parks Maintenance Division with the purchase of a Ford Transit T-350 Plumbers van to store plumbing parts and equipment, to address plumbing/irrigation related repairs, and to address emergencies throughout the park system.

City Council 12 – 1 10/18/2022
Purchase of Ford Transit T-350 Plumbers Van for Parks Maintenance October 18, 2022

Page 2 ends

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

FISCAL IMPACT
Funds are budgeted and available for expenditure in the following account for the current Fiscal Year 2022-23.

Fiscal
Year
Accounting UnitAccount #Fund
Description
Accounting Unit,
Account Description Amount
2022-23 01117651-66400 General Fund
PWA-Park Maintenance
Service Enhancement,
Maintenance & Repair
Buildings & Grounds
$104,508
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 12 – 2 10/18/2022
Public Works Agency
www.santa-ana.org/pw
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Grant Funding Recognition and Professional Services Agreement

AGENDA TITLE
Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $156,000; and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $156,000 (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize Office of Traffic Safety (OTS) Pedestrian and Bicycle Safety grant funds in the amount of $156,000 in the OTS-PWA Traffic Safety Grants, Federal Grants-Indirect revenue account and appropriate the same amount to the OTS-Bicycle Safety PWA, Contract Services-Professional expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a one-year grant agreement (PS23007) with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $156,000, for a one-year period beginning October 1, 2022 and ending September 30, 2023, (time frame consistent with the grant cycle), subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc. to provide bicycle safety education services for a one-year period, beginning October 18, 2022 and ending October 31, 2023, in an amount not to exceed $156,000, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The Santa Ana Public Works Agency partnered with Santa Ana Active Streets (SAAS) to develop a custom Pedestrian and Bicycle Safety Program (Program) for the City of Santa Ana. The Program was submitted by the Public Works Agency in partnership with SAAS to the State of California Office of Traffic Safety (OTS) and has been awarded a $156,000 grant (Exhibit 1). These funds will be used to address pedestrian and bicycle safety City Council 13 – 1 10/18/2022
Bicycle Safety Grant Funding Recognition and Professional Services Agreement October 18, 2022

Page 2 ends

through a series of safety education workshops and events. The goal of the program is to reduce the number of deaths and injuries in traffic collisions involving bicycles and pedestrians.

The bilingual education program is intended to reach a wide cross-section of community members. It will include a series of comprehensive workshops consisting of educating adults about traffic safety and educating youth about bicycle safety and maintenance. At the end of the adult series, community members will recommend improvements to the Public Works Agency to guide the pursuit of future grant funds. At the end of the youth series, community youth will earn a bicycle, which they repaired and maintained during the course of the classes.

The Program includes the following:
• Family-friendly bicycle safety skills classes taught by the League of American Bicyclists Certified Instructors
• Access to nighttime lights and helmets distributed to the community during safety equipment events targeting pedestrians and bicyclists
• Equipment demonstration events
• Youth pedestrian and bicycle traffic safety fairs at community events All tasks outlined in the Program’s scope of work will be delivered directly by SAAS and will be paid by SAAS’s fiscal agent Charitable Ventures of Orange County, Inc. (Exhibit 2) utilizing the Office of Traffic Safety grant award.

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

FISCAL IMPACT
Approval of the requested Appropriation Adjustment will recognize Office of Traffic Safety Pedestrian and Bicycle Safety grant funds in the amount of $156,000 as follows: $100,000 will be recognized in the OTS-PWA Traffic Safety Grants, Federal Grants-Indirect revenue account (No. 16517002-52001), and $56,000 in the OTS-PWA Traffic Safety Grants, Reserve Appropriation revenue account (No. 16517002-59011). The Appropriation Adjustment will also appropriate the same amount of $156,000 as follows:
$100,000 will be appropriated to the OTS-Bicycle Safety PWA, Contract ServicesProfessional expenditure account (No. 16517611-62300) and $56,000 to the OTS-Bicycle Safety PWA, Reserve Appropriation expenditure account (No. 16517611-69011).

The funds will be available for expenditure as follows:

City Council 13 – 2 10/18/2022
Bicycle Safety Grant Funding Recognition and Professional Services Agreement October 18, 2022

Page 3 ends

Fiscal
Year
Accounting UnitAccount No.Fund
Description
Accounting Unit,
Account No.

Description
Amount
2022-23
(Oct-June)
16517611-62300
(23-6984)
Office of
Safety Grant
OTS-Bicycle Safety
PWA, Contract
Services-Professional
$100,000
2023-24
(July-Sept)
16517611-69011
(23-6984)
Office of
Safety Grant
OTS-Bicycle Safety
PWA, Reserve
Appropriation
$56,000
TOTAL: $156,000

EXHIBIT(S)

1. State of California, Office of Traffic Safety Grant Agreement

2. Charitable Ventures Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS23007

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Santa Ana From:

To:
10/01/2022
09/30/2023 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Ana Public Works Agency

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $156,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Zed Kekula
Principal Civil Engineer
[email protected]
(714) 647-5606
20 Civic Center Plaza
Santa Ana, CA 92702
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kristine Ridge
City Manager
[email protected]
(714) 647-5200
20 Civic Center Plaza
Santa Ana, CA 92702
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kathryn Downs
Executive Director of Finance & Management
Services
[email protected]
(714) 647-5420
20 Civic Center Plaza M-17
Santa Ana, CA 92702
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $156,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$156,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $156,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

KZE9G2M4GRX9
20 Civic Center Plaza, Floor 8
Santa Ana
92701-4058
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS23007

1. PROBLEM STATEMENT
With a population of just under 330,000, the City of Santa Ana is one of the 14 highest population cities in the state of California. The city is approximately 27.1 square miles and has a large volume of motor vehicle traffic, with the arterials carrying 30,000 to 40,000 vehicles per day. There are also 4 freeways that converge within the city and a total of 450 miles of streets.

The City of Santa Ana has a mobility challenge in the community. An analysis of census data that was part of the City's Vision Zero Plan (comparing household size with the number of automobiles per household) showed that 55 percent of Santa Ana's residents do not have access to an automobile. To meet this demand, the City of Santa Ana has been working on developing an ever-expanding bicycle and pedestrian network. In addition, Orange County Transportation Authority (OCTA) bus transit ridership is among the highest in Orange County, with 55 of the 100 busiest bus stops in Orange County within the City of Santa Ana, alone. The city also has a young median age of 29.7 years, and 28 percent of the residents are below 18 years of age.

Relative income levels and vehicle ownership within the city are significantly lower than the statewide average. The population’s median age is also the youngest of the 7 largest cities in Orange County, and residential density is one of the highest in the state. Transit ridership in Santa Ana is the highest in the county, with several of the busiest OCTA bus lines serving the City. As a result of climate and demographics, the bicycle-dependent population is relatively high when compared to other communities in the county or the state. Also, a significant portion of the city's adult bicyclists may not speak English or understand the rules of the road.

This Pedestrian and Bicycle Safety Program aims to increase awareness to ultimately reduce the amount of pedestrian- and bicyclist-related crashes in the city, especially for children walking to and from school.

Having been identified as a Federal Highway Administration Focus City, there is an urgent need to make immediate changes in the City of Santa Ana to improve traffic safety for all residents. For this reason, this project is a priority, especially the community.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in traffic safety fairs and/or community events with an effort to reach individuals.
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3. Work closely with community-based organizations at both the neighborhood and community level with an effort to reach individuals.
1 4. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 5. Conduct pedestrian and/or bicycle safety presentations at community groups with an effort to reach individuals.
4 6. Conduct pedestrian and/or bicycle safety courses with an effort to reach community members.
9 7. Develop a pedestrian and/or bicycle safety program and materials to be adopted as an on-going program in schools with an effort to reach students. 2 8. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 9. Develop bicycle and pedestrian safety educational materials to be distributed during classroom presentations, workshops, and community events. 1 10. Participate in Safe Routes to School coalition meetings. 4

11. Conduct community outreach events with an effort to reach adults. 6

12. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A presurvey will be required to determine the base year helmet use rate and a postsurvey will be required to determine the operational rate. Upload completed survey to GEMS.
2 13. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 600

14. Purchase bicycle helmets. 600

15. Train individuals to be League Certified Instructors. 1

16. Conduct community bicycle rides providing bicycle safety education to promote safe bicycling in the community with an effort to reach bicyclists. 4 17. Hold quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to collaborate on events, share best practices, and leverage resources.
4 18. Conduct community engaged bicycle and/or walk audits at locations identified to have a high incidence of pedestrian and/or bicycle fatal or serious injury traffic crashes or "near misses".
1 19. Execute subcontract referenced in the budget. Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
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The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including City Council 13 – 8 10/18/2022
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any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

Task 1 - Pedestrian and Bicycle Safety Education Workshops and Classes to help support increased knowledge and understanding of pedestrian and bicycle safety:
 Conduct Pedestrian and Bicycle Traffic Safety Fairs
 Conduct Bicycling Basics Classes in the City of Santa Ana. At least one (1) of these classes will be taught in Spanish.
 Conduct Wrench and Ride programs in the City of Santa Ana. All classes will be taught in English or Spanish, with Vietnamese as needed.
 Host Build Your Own Skateboard education workshops.

Task 2 - Active Transportation Champions Cohort to identify and advance the City’s existing pedestrian and bicycle safety infrastructure improvements and non-infrastructure strategies:
 Plan and deliver meetings, training and a community roundtable to cultivate a cohort of 10-20 residents who will identify and develop pedestrian and bicycle safety education, encouragement and engagement activities. Cohort activities may be in-person or virtual to account for applicable COVID-19 health and safety restrictions.
 Conduct Workshops on quantitative and/or qualitative data collection and crash data analysis.  Conduct a community-engaged Bike Audit/Assessment at location(s) identified to have a high incidence of bicycle fatal or serious injury traffic crashes or "near misses".  Collect bicycle helmet usage surveys.
 Conduct Action Planning Sessions with a focus on quantitative and/or qualitative data collection and crash data analysis for walking and biking.
 Conduct Stakeholder Engagement Meetings with key city stakeholders responsible for traffic safety improvements where participants will share their active transportation experiences, needs and concerns.
 Host Community Round Table open house where participants will share/present with their fellow residents and city staff what they've learned through this program.

Task 3 - Community Encouragement Activities to support increased walking and biking in the City of Santa Ana:
 Create Educational Active Transportation Videos.
 Create Active Transportation Resident Story Videos.
 Conduct Family Cycling Education Classes. Activities may be in-person or virtual to account for applicable COVID-19 health and safety restrictions.
 Conduct ¡Luces Vivas! Events to help encourage and provide education for walking and riding safely at night.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

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4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS23007

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PS-23 20.600 State and Community Highway
Safety
$156,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicyclist Safety Education
Program - $156,000
402PS-23 $156,000.00 1 $156,000.00
Traffic Safety Fairs and/or Community
Events
402PS-23 $0.00 3 $0.00
Bici Basics Courses 402PS-23 $0.00 4 $0.00
Wrench and Ride Courses 402PS-23 $0.00 3 $0.00
Skateboard Education Courses 402PS-23 $0.00 2 $0.00
Data Analysis Community Outreach
Workshops
402PS-23 $0.00 1 $0.00
Bike Audit/Assessment 402PS-23 $0.00 1 $0.00
Action Planning Community Outreach
Sessions
402PS-23 $0.00 2 $0.00
Stakeholder Community Outreach
Meetings
402PS-23 $0.00 2 $0.00
Community Outreach Roundtable 402PS-23 $0.00 1 $0.00
Active Transportation Videos Education
Program
402PS-23 $0.00 1 $0.00
Active Transportation Resident Stories
Program
402PS-23 $0.00 1 $0.00
Family/Community Bicycle Rides 402PS-23 $0.00 4 $0.00
Luces Vivas Community Presentations 402PS-23 $0.00 4 $0.00 Bicycle Helmets 402PS-23 $0.00 600 $0.00
Pedestrian/Bicycle Safety Items 402PS-23 $0.00 1 $0.00
Category Sub-Total $156,000.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00
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Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $156,000.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS23007

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
Pedestrian and Bicyclist Safety Education Program - $156,000 - Santa Ana Public Works Agency will seek a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will include the following expenses: fees to perform multilingual services such as virtual and on-bike traffic safety education courses, community outreach, bike rides, bike assessment, traffic safety item distribution, and helmet distribution and fitting at community events.

Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs.

Traffic Safety Fairs and/or Community Events - Cost to include planning, conducting and/or participating in local traffic safety fairs and/or community events.
$3,700 x 3 = $11,100
Bici Basics Courses - Cost to include planning and conducting Bicycling Basics Courses, with a minimum of 1 course taught in Spanish.
$5,600 x 4 = $22,400
Wrench and Ride Courses - Cost to include planning and conducting Wrench and Ride Courses/Workshops.

All classes to be taught in English, Spanish or Vietnamese, as needed. $8,500 x 3 = $25,500
Skateboard Education Courses - Cost to include planning and conducting Build-Your-Own Skateboard Education Courses, including certification upon mastering the safety course. $7,500 x 2 = $15,000
Data Analysis Community Outreach Workshops - Cost to include planning and conducting Data Analysis Community Outreach Workshops as a technical guide on quantitative and/or qualitative crash data collection and analysis of local pedestrian- and bicyclist-involved traffic crashes. $1,850 x 1 = $1,850
Bike Audit/Assessment - Cost to include planning and conducting a community-engaged professional Bicycle Audit/Assessments at location(s) identified to have a high incidence of pedestrian and/or bicycle fatal or serious injury traffic crashes or "near misses".
$2,800 x 1 = $2,800
Action Planning Community Outreach Sessions - Cost to include planning and conducting Action Planning community outreach sessions that will focus on the quantitative and/or qualitative crash data collection and analysis of local pedestrian- and bicyclist-involved traffic crashes. $2,000 x 2 = $4,000
Stakeholder Community Outreach Meetings - Cost to include planning and conducting Stakeholder Engagement Meetings where community participants share their active transportation experiences, concerns and needs with key City of Santa Ana stakeholders respo City Council 13 – 13 nsible for traffic safety improvements. 10/18/2022 8/25/2022 11:49:22 AM Page 11 of 17
$1,900 x 2 = $3,800
Community Outreach Roundtable - Cost to include planning and conducting a Community Roundtable, an open house community outreach session where community participants will share/present what they have learned through the program with fellow residents and City of Santa Ana staff. $2,500 x 1 = $2,500
Active Transportation Videos Education Program - Cost to include developing Educational Active Transportation Videos focused on the city's new active transportation infrastructure, as part of a pedestrian and/or bicycle safety program, and materials to be adopted as an on-going program in schools. $4,000 x 3 Videos = $12,000
Active Transportation Resident Stories Program - Cost to include developing Active Transportation Resident Stories promoting the city's new active transportation infrastructure using resident testimonials, as part of a pedestrian and/or bicycle safety program, and materials to be adopted as an on-going program in schools. $5,000 x 2 Stories = $10,000
Family/Community Bicycle Rides - Cost to include planning and conducting Family Cycling Education Classes or community bicycle rides in the city of Santa Ana, with a minimum of 2 events made available for the city's Spanish-speaking community.
$4,000 x 4 = $16,000
Luces Vivas Community Presentations - Cost to include planning and conducting ¡Luces Vivas! community events/presentations to encourage and provide education for walking and riding safely at night. $3,300 x 4 = $13,200
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.
$15 x 600 = $9,000
Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.
$6,850 x 1 = $6,850

EQUIPMENT
-

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS23007

CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended  Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94  23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs  2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21;  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations); and  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100).

The Subgrantee City Council -
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 Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race, color, national origin, disability, sex, age, limited English proficiency, or membership in any other class protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the program is Federally-assisted;  Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors, subcontractors, and consultants receiving Federal financial assistance under this program will comply with all requirements of the Non- Discrimination Authorities identified in this Assurance;
 Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts, documents, information, facilities, and staff, and to cooperate and comply with any program or compliance reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination Authority;
 Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising under these Non-Discrimination Authorities and this Assurance;  Agrees to insert in all contracts and funding agreements with other State or private entities the following clause:
o “During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal nondiscrimination law or regulation, as set forth in appendix B of 49 CFR part 2l and herein; c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the State highway safety office, US DOT or NHTSA; d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding agreement, the State highway safety agency will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part; and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and subagreement and in every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will –

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an City Council 13 – 16 10/18/2022 8/25/2022 11:49:22 AM Page 14 of 17
employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted –

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements The signed certifies, to the best of his or her knowledge and belief, that:

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

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

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

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

RESTRICTION ON STATE LOBBYING
(applies to all subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States) City Council 13 – 17 10/18/2022 8/25/2022 11:49:22 AM Page 15 of 17
Instructions for Primary Tier Participant Certification (States)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency may terminate the transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (b) Have not within a three City Council-year period preceding this proposal been convicted of or had a civil judgment 13 – 18 10/18/2022 8/25/2022 11:49:22 AM Page 16 of 17
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. (2) Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

Instructions for Lower Tier Participant Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200.

You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. City Council 13 – 19 10/18/2022 8/25/2022 11:49:22 AM Page 17 of 17
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA ACT
(applies to all subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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Public Works Agency
www.santa-ana.org/departments/public-works/
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Security Guard Services at Various City Sites
AGENDA TITLE:

Approve an Agreement with Lyons Security Services Inc. to Provide Security Guard Services at Various City Sites in an Amount Not to Exceed $15,035,621, plus a $3,007,125 contingency, for a total Amount Not to Exceed $18,042,746 for a Three-Year Term (General and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Lyons Security Services, Inc. to provide unarmed and armed security guard services at various City sites, in an amount not to exceed $18,042,746, which includes a contingency of $3,007,125, for a three-year term beginning November 1, 2022 and expiring October 31, 2025, with an option for two, one-year extensions, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
In an effort to provide a safe environment for the public and City staff, the City maintains contracted security guard services at the Santa Ana Regional Transportation Center (SARTC), City Hall, Main Library, Newhope Library, City Yard, Santa Ana Zoo at Prentice Park, WORK Center, Garthe Water Station, South Water Station, various park sites, and Park Patrol. The current contract for security guard services expires on November 30, 2022.

On February 9, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-026, seeking the services of qualified firms to provide armed and unarmed security guard services. To continue providing a safe environment for the public, the City enhanced the existing scope of security guard services by adding armed guard services at certain locations. At this time, SARTC, City Hall and the Park Patrol will have an armed supervisor for these assignments. The City has the discretion to add armed guard services in other locations, as needed. In an effort to retain a consistent security team for the duration of the agreement, an annual Consumer Price Index (CPI) increase will take effect on July 1.

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Security Guard Services at Various City Sites
October 18, 2022

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The RFP was advertised on the City’s online procurement management and publication system, with proposals due on March 21, 2022. Ten proposals were received and evaluated by a selection committee made up from members of the Human Resources, Parks, Recreation and Community Services, Library, Police and Public Works Agencies.

Based on criteria outlined in the RFP, the top five ranking firms were invited to an interview and the top three firms were invited to a second interview. The interview allowed the potential firms to highlight their proposal and answer any questions from the evaluation committee. Below is a list ranking the firms based on the final evaluation of the proposals and interviews.

Firm City Rank
Lyons Security Service, Inc. Anaheim 1
Good Guard Security, Inc. Orange 2
Absolute International Security, Inc. El Monte 3
American Guard Services, Inc. Los Angeles 4
Servexo Protective Services Gardena 5
Allied Universal Security Services Santa Ana 6
Patrol Solutions Santa Fe Springs 7
Command International Security Services Van Nuys 8
Inter-Con Security Systems, Inc. Pasadena 9
E.S.P. Pros Santa Rosa 10
The proposal submitted by Lyons Security Services, Inc. was thoroughly responsive to the RFP. Staff recommends entering into an agreement with Lyons Security Services, Inc. (Exhibit 1). Lyons Security is highly qualified, reputable, and has proven experience with similar contracts, as demonstrated by its municipal service contracts with the City of Anaheim and the City of Orange.

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

FISCAL IMPACT
The following table summarizes the funds budgeted and available for expenditure on security services provided by the agreements in Fiscal Year 2022-23 (November-June):

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

Description
Total
2022-23
(Nov-June) 06717650-62300
Regional
Transportation
Center

PWA-SARTC
Operations, Contract
Services-Professional
$417,498
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Security Guard Services at Various City Sites
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Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Total
2022-23
(Nov-June) 08517138-62300 City Yard Operation
City Yard Operations,
Contract ServicesProfessional$134,992
2022-23
(Nov-June) 01111110 62300 General Fund
Library Administration,
Contract ServicesProfessional$130,416
2022-23
(Nov-June) 06017640-62300 Water Fund
Water Utility
Production & Supply,
Contract ServicesProfessional
$284,544
2022-23
(Nov-June) 12318751-62300
Workforce
Innovation and
Opportunity
Act
One Stop Program,
Contract ServicesProfessional$45,760
2022-23
(Nov-June) 01117651-62320 General Fund
Park Maintenance
Service
Enhancement,
Maintenance and
Repair Buildings and
Ground
$1,494,314
2022-23
(Nov-June) 01113017-62300 General FundMeasure X
PRCSA- Service
Enhancement,
Contract ServicesProfessional
$96,096
2022-23
(Nov-June) 07317100-62300
Building
Maintenance
Fund
Building Maintenance,
Contract ServicesProfessional$398,528
TOTAL $3,002,148
Funds will be budgeted annually in future fiscal years through the duration of the agreement.

EXHIBIT(S)

1. Agreement with Lyons Security Services, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
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AGREEMENT WITH LYONS SECURITY SERVICES

TO PROVIDE SECURITY GUARD SERVICES

AT VARIOUS CITY SITES
THIS AGREEMENT is made and entered into on this 18TH day of October, 2022 by and between Lyons Security Services, Inc., a California corporation (“Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On February 9, 2022, the Public Works Agency released Request for Proposal (RFP) No. 22-026, by which it sought the services of qualified firms to provide armed and unarmed security guard services.

B. Contractor submitted a timely and responsive proposal that was selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-026.

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

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

1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Contractor’s proposal shall be incorporated as though fully attached hereto.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $18,042,746. The total here includes a base amount of $15,035,621 and a contingency amount of $3,007,125 for additional services directed at the sole discretion of the City. b. Beginning on July 1, 2023, the rates and charges detailed in Exhibit B are subject to a Consumer Price Index (“CPI”) increase of up to 5%. Such increases shall take effect annually on July 1st for the remainder of the term, including any extensions defined in Section 3, below. Any increase to the rates and charges, beginning on July 1, 2023, EXHIBIT 1
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and every year thereafter, greater than this CPI amount, or any increase to the Compensation amount in Section 2.a., is subject to approval by the City Council for the City of Santa Ana.
c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on November 1, 2022 and continue for a three-year term until October 31, 2025 with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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6. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit.
• Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. • Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish the Entity 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 Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.

9. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.

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

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

12. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

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

18. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and City Council 14 – 10 10/18/2022

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in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Contractor:

A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

Lyon Security Services, Inc.
505 S. Villa Real Dr.

Suite 203A
Anaheim, CA 92807
Attn: Nicholas Guidice, President
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20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA

Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney
By:

Jose Montoya
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency

Nicholas Guidice, CPP
President
City Council 14 – 12 10/18/2022

EXHIBIT A
City Council 14 – 13 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 15

1. General Conditions
Contractor shall furnish all necessary labor, supervision, uniforms, and equipment in accordance with the provisions, terms and conditions set forth in this RFP.

2. License and Permits
Contractor and assigned personnel shall possess all licenses and permits required by the California Department of Consumer Affairs, Bureau of Security and Staffing requirements for each site are provided in Exhibit B Staffing Schedules.

3. Security Guard Minimum Qualifications
City staff will review the qualifications of the guards assigned to the respective sites. The City reserves the right to disapprove Contractor personnel assigned to this contract. The Contractor will remove and replace immediately any personnel deemed unacceptable to the Contract Manager.

Security guards are required to meet the minimum qualifications listed below prior to their initial assignment. Contractor shall ensure that written documentation of the criteria listed below of all security guards assigned under the provisions of this contract are kept on file at Contractor’s place of business. Failure to do so may result in the termination of the contract and subsidiary contracts. (a) Education- Guards must possess a high school diploma or G.E.D. equivalent and must have the ability to speak, read, and write the English language, understand and carry out oral and written directions, think and act quickly and effectively in emergencies, and write accurate and clear reports. Some locations will require guards to be bilingual (see Scope by Location)
(b) Experience- Guards assigned to work under this Contract must have had prior security guard experience of relevant nature.
(c) Knowledge/Skills- Guards must have experience using and ability to use a typewriter, word processor, or computer terminal. Guards must have the ability to construct and write clear and accurate detailed reports.
(d) Guard Registration Card- Guards must at all times, be in possession of a current guard registration card issued by the California Department of Consumer Affairs while assigned to the City contract. Temporary guard cards are not acceptable. (e) Drug Testing- All guards shall successfully pass a pre-employment drug screening examination within six (6) months of their assignment. Drug testing will be arranged for the guards by the Contractor at its own expense prior to assignment at any City facility.
(f) Background Check- Contractor shall certify that all personnel have successfully

EXHIBIT A

SCOPE OF SERVICES
City Council 14 – 14 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 16 passed a criminal background check prior to assignment to any City facility. (g) Training- Guards are required to have received training in First Aid and CPR, with current certification, as well as training in security and emergency procedures, crowd control, and public relations. First Aid and CPR training will be arranged for the guards by the Contractor at its own expense prior to assignment to any City facility. (h) Physical/Mental Qualifications- Guards assigned to work under this contract must be mentally alert and capable of exercising good judgment, implementing instructions and assimilating necessary specialized training. Medical examination of guards to assure their physical fitness shall be conducted at the Contractor’s expense, prior to the initial request for clearance and annually thereafter. (i) Performance- Substandard performance of any kind will not be allowed. The City reserves the right to refuse or reject any assigned guard, who, in the City’s belief, fails to meet the minimum requirements as set forth in this Contract. (j) Driver’s License- Guards must possess and carry in their possession while on duty a valid California Driver’s License issued by the CA Department of Motor Vehicles. (k) Probationary Period- New guards assigned to the City contract will be placed on a six-month probationary period during which time their skills will be assessed periodically by both Contractor and City staff. To ensure satisfactory completion of the probationary period, City staff, at his/her discretion, may require a written exam and/or oral review.

4. 24-Hour Communications Capability
Contractor shall maintain a 24-hour communication center. Contractor shall be responsible for the proper operation and security of its pages, radios, cellular phones and chargers.

5. Uniforms and Equipment
Contractor shall provide uniforms to employees who are assigned to work on the contract at no additional expense to those employees or the City. Uniforms shall include winter jackets and rain gear. Uniforms shall bear a patch identifying the Contractor. Uniforms are subject to City approval. Pictures of Contractor uniforms are to accompany Contractors RFP response.

Uniforms shall consist of the following items, unless an exception is required, or approved in writing by City:
(a) Trouser – Navy or Black;
(b) Shirt/blouse –Gray or light blue;
(c) Alternate Shirt – Black or White Polo (as requested and approved by City); (d) Belt – Solid Black, basket weave;
(e) Tie – Solid Black (as needed);
(f) Tie bar – Gold in color (as needed);
(g) Socks – Solid Black or Navy Blue;
(h) Shoes – Solid Black, leather, Military Type (low laced, plain toed oxfords, with smooth finish);
(i) Shoulder patches, as required by California Business and Professions Code 7582.26(f), on both arms of uniform shirt/blouse and jacket; (j) Rain gear (as needed);
(k) Name Tags;
City Council 14 – 15 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 17 (l) Jacket, with appropriate shoulder patches, as appropriate to weather conditions – Navy or Black (as needed); and
(m) Photo Identification Badge, with name, to be in the immediate possession of employee, and not visibly displayed while on duty.
(n) Personal Protective Equipment (PPE) (as requested and approved by County), includes but is not limited to: cloth face coverings, surgical masks; goggles or face shields; and other PPE required by public health orders.

6. Supervision
Supervision of assigned personnel shall be provided daily, 7 days a week, as assigned. The Supervisor shall be available to meet with City staff when requested. Supervisors shall conduct on-site inspections of assigned personnel at least twice per week.

Supervisors shall have prior security experience, know and understand the operational aspect of the security business, be an appropriate role model, and have an ability to teach, guide and direct effectively. Supervisors shall employ measurable performance criteria in their evaluation of employees. It is desirable to have supervisors emerge from within the ranks of those assigned to the contract. This achieves continuity and assures the experienced security guards are at the forefront of protecting the City’s employees, clients and assets.

City Hall, Main Library and the SARTC each require an on-site supervisor to manage the guards assigned to these locations.

7. Training
Contractor shall provide the following training at no additional expense to the City. (a) Training of newly assigned guards: Contractor will be expected to provide up to eight (8) hours of training to newly assigned guards at the City facilities. At SARTC, three (3) full days of on-site training is required.
(b) Training of substitute guards:

Substitute guards shall be able to fill in and complete all duties of the regularly assigned guard, when needed.
(c) Refresher training:

Refresher training shall e provided upon request of the City. Refresher training shall be designed to ensure that all security guards are proficient at their duties. The refresher training shall address any issue brought to the Contractor’s attention by the City staff, who is requesting the refresher training.
(d) Health and safety orders:

Contractor shall provide safety training as required by the California Department of Industrial Relations and Cal-OSHA (California-Occupational Safety and Health Administration).

8. Registered Personnel
Contractor shall keep records that ensure all assigned guards have received their training, registrations and permits as required by State and local authorities. Additionally, Contractor shall ensure that all guards timely renew their training, registrations and permits as required by State and local authorities. The City may inspect such documentation at any time upon request.

9. Post Orders (Duties) and Operating Procedures
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RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 18 Prior to staffing an account, Contractor shall provide the following at no addition expense to the City.
(a) Meet with Management and/or City staff at each facility and review current security guard post orders (duties) and operating procedures;
(b) Amend current post orders and operating procedures, as necessary, to the mutual agreement of both parties, in writing;
(c) Hold an orientation/training meeting with assigned personnel, at which time they shall be given a written copy; and;
(d) Provide a written copy to Project Manager
Contractor shall establish a specific set of post orders and operating procedures for each facility.

This post order and operating procedures shall be completed within ten (15) days following the contract start date. Contractor shall not seek additional monies from the City for establishing the post orders and operating procedures.

10. Review of Post Orders, Procedures and Performance
Contractor shall review the security guard post orders, operating procedures, and performance of security guards with designated City staff on a quarterly basis. Post orders and operating procedures shall be updated as necessary to ensure an optimum level of service and documentation of post orders and procedures. Any revisions shall also be clearly conveyed to assigned personnel, and they shall each receive a revised written copy. The facility site supervisor shall also receive a revised written copy.

11. Appearance and Grooming
Assigned personnel shall arrive at work well groomed, in a professional manner, and in the appropriate uniform of the company. Uniform must include badge, company designation patch, nametag and required communication equipment. Uniforms shall be in respectable condition, fitted properly, cleaned, pressed, and present a professional appearance. Assigned personnel shall not accessorize their uniforms. Assigned personnel shall wear their shirts tucked inside their slacks. Assigned personnel shall not lean against walls, stand with their hands in their pockets, or adopt an unprofessional conduct or posture.

12. Responding and Reporting
In the event of the breach of City property, the Contractor will be instructed to contact their home base, who will contact authorities and designated City staff for each facility. Contractor will not place themselves in danger by confronting dangerous individuals.

13. Guard Duties (general)
Typical duties of the security guards assigned to the City facilities include, but are not limited to, the following:
• Making rounds of inspection to determine that fences, gates, doors and windows are properly closed and/or locked or otherwise properly secured. • Check-in with a Guard Tour-like system to ensure the entire site is monitored frequently and on a regular basis.
• Investigating unusual or suspicious conditions or activities. • Preventing trespass on, damage to, or theft of City property. • Inspecting parking areas.

City Council 14 – 17 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 19 • Enforcing security regulations.
• Interacting in a professional manner with the public. • Assist the public with directions when needed.
• Be a visible presence in the gate entrance area.
• Responding to building alarms.
• Ensuring gates and fences are closed on the weekends when most City facilities are closed.
• Notifying appropriate City personnel and local authorities when emergencies occur. • Respond to request by City facility site management.
• If need be, occasional assistance with crowd flow.
• Report any unsafe or dangerous conditions or circumstances to City facility site manager.

14. Cooperation with Law Enforcement
Contractor and assigned personnel shall cooperate with law enforcement officers from the local agencies, including but not limited to Santa Ana Police Department, Orange and Los Angeles County Sheriffs, California Highway Patrol, OCTA Police, Metrolink Police, Amtrak Police and the Department of Homeland Security.

15. Incident Reports
Security guards shall provide, preferably via email, detailed incident reports in a timely manner to City facility site management.

16. Additional Personnel
Contractor shall provide additional personnel upon twenty-four (24) hours advance notice at the contracted rate. Contractor shall assure the City that Contractor will maintain a reasonable number of trained backup personnel ready to assume assignment upon request by the City. City Hall location, on occasion, might require additional guard services with shorter lead time.

17. Schedule Changes
City reserves the right to make schedule changes upon forty-eight (48) hour advance notice to Contractor. Schedule changes shall not affect the billing rate agreed upon.

18. Double Shifts
Contracted security guards shall not work more than twelve (12) hours in any twenty-four (24) hour period.

19. Overtime
The City will pay for only that overtime it authorizes. The City will pay Contractor a rate of one and one-half times the normal billing rate for each person assigned to work overtime. Request for additional services shall be billed at the normal base rate.

20. Recognized Holidays
Below are the City observed holidays. Security coverage on holidays will vary by facility. See site specific scope located on pages 21-45.

New Year’s Day
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RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 20 Martin Luther King, Jr.’s Birthday
Presidents’ Day
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Friday following Thanksgiving Day
Last working day before Christmas Day
Christmas Day

21. Over-fills
Over-fills occur when Contractor supplies too many guards, guards for longer periods than required, or guards of a higher level of pay than agreed upon between the Contractor and the City for a particular site. The City will pay for only those services requested and agreed to.

22. Short-fills
Short-fills occur when Contractor supplies unqualified personnel for the site assigned. City reserves the right to refuse Contractor’s personnel not in compliance with the contract. Overtime will not be paid to Contractor to compensate for shortage of personnel.

23. Shortfalls
Shortfalls occur when the required security services are not supplied at any post or work site. The City will pay for only the actual time worked. If a security guard arrives late for work or leaves early for any reason, those hours will not be paid. The absence of a security guard at a post or work site without replacement constitutes a shortfall for a portion of a shift and a proportional reimbursement shall be given on the invoice.

Note: The City may request a “service credit” for any shortfall (See “Service Credit” provision below.)

24. Double Banking
Whenever it becomes necessary to assign or reassign an individual to a post for the first time, Contractor shall arrange, at its own expense, to have the new individual “double bank” with an experienced employee prior to having the inexperienced individual take over any post on his or her own. Contractor shall bear the associated expense for this double banking.

25. Excessive Turnover
Excessive turnover of guards will not be tolerated and may be cause for termination of the contract. Turnover of assigned personnel at any City facility shall not exceed one hundred percent (100%) in 30 to 90 days. Contractor shall provide a list of all personnel assigned at the start of the contract, and shall provide semi-annually, an updated list specifically identifying the personnel that have been added and personnel that have been removed from each site.

26. Performance
Poor performance will not be tolerated. The City reserves the right to refuse or reject any person City Council 14 – 19 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 21 assigned under the contract either with or without cause.

27. Service Credit
Contractor guarantees that security guards assigned to the City facilities will report on time, fit for duty, in proper uniform, and properly instructed, oriented, and supervised. Contractor guarantees that service requirements will be identified and will receive proper response. Contractor will communicate regularly (at least once a month) with City facility site management. If at any time Contractor fails to provide any services agreed, Contractor shall issue a “service credit” to the City. A “service credit” for each incident of failure shall be a minimum of one (1) complete security guard work shift or eight (8) times the hourly rate charged by the contractor. Such credit shall be issued in the form of a credit on the next available billing. Service Credit is to be paid in addition to any deduction for hours not worked.

A. SPECIFIC REQUIREMENTS
The City of Santa Ana requires professionally trained armed security guards to operate at the following locations:

1. City Hall, located at: 20 Civic Center Plaza, CA 92701

2. The Santa Ana Regional Transportations Center, located at: 815 N Santiago St, Santa Ana, California 92701
Note: The City reserves the right to add or delete departments to the contract at any given time. Contractor shall service the additional locations at the same cost as contracted for the above locations.

The primary functions of the armed security guard include the following:

1. Observe and report any unusual or suspicious activities and;

2. Respond to emergencies or other disturbances that occur at or on Probation property.

Contractor must be able to fully staff and deploy qualified personnel to City sites in an organized and efficient manner on the contract start date.

Contractor shall respond to emergency service requests within one hour of request and respond to non-emergency service requests as soon as possible or no later than the following day. Contractor shall be capable of responding to all service requests within the specified timelines.

In case of an emergency or unusual event, all employees of Contractor shall be subject to the direction of the City Manager, Santa Ana Police Department, Facility Manager and/or first available Manager on-site.

1. Personnel Qualifications:

Due to the high visibility of the armed security guard position, the City requires a high degree of stability in the security force posted.

City Council 14 – 20 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 22 a. Any armed security guard(s) assigned to the City shall have a minimum of four years’ experience working as an armed security guard. b. Every armed security guard assigned to this contract must possess and maintain through the life of this contract a current “Guard Card” and a State of California firearm permit to legally carry a gun while on duty. If known at time of bid submittal, Bidder may include copies of current Guard Cards for proposed staff with proposal. However, prior to contract award, guard cards for all proposed staff shall be submitted. c. All armed security guards assigned to County facilities must pass and maintain to the satisfaction of SAPD criminal background check. (1) It is the Contractor’s responsibility to conduct a thorough criminal background check on all armed security guards assigned to any City facility to ensure that no guard has a criminal record. (2) Armed security shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City’s Human Resources process. Consultant shall be responsible for all charges associated with fingerprinting. (3) A copy of the written verification that the armed security guard has passed the Contractor’s background checks must be provided to the Department’s Facility Manager prior to assignment at the facility.
(4) If known, Bidder may provide the names of the proposed staff with their qualifications. This may be resume format (business addresses are sufficient, home contact information for staff should not be provided). If awarded the contract, such documentation and verification is an ongoing requirement for all replacement staff of the successful Bidder.
d. Prior to submitting replacement staff, Contractor shall provide City with a copy of the written verification that the replacement armed security guard has passed the Contractor’s background checks.
e. The City has the right to decline the Contractor’s placement of armed security guards whom the City may deem to be unsuitable for the assignment. The Contractor agrees that staff placements will be mutually acceptable to the City and the Contractor.
f. The City has the right to perform random audits of armed security guards to ensure compliance with Federal, State, and Local laws.

2. Staffing/Personnel Responsibilities:

The staffing requirements vary from nine hours per day to 24 hours per day, 7 days per week, and 52 weeks per year. The positions may require split shift coverage for lunch and overtime since they exceed eight hours per shift. Contractor shall City Council 14 – 21 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 23 provide additional personnel to cover morning and afternoon breaks, lunch breaks, vacation, sick time, and other leaves as required.

In the event an armed security guard is unable to perform his/her duties during a shift due to illness, injury, or other reasons, the Contractor shall provide a replacement armed security guard within one hour from the time the post is vacated.

The armed security guard’s primary duty is to observe and report. In addition to duties outlined under site specific scope of services below (Exhibit A), the duties and responsibilities of armed security guards shall include, but not be limited to, the following:
a. Maintain a high level of visibility at all times as a deterrent. b. Interact with all clients and visitors in a respectful, courteous, and dignified manner.
c. Greet the public, answer simple/basic questions, and notify departments of visitors.
d. Have visitors sign in and out on the daily Visitors Log, and issue visitor badges, as required.
e. Greet and question unescorted visitors who may be in unauthorized areas. f. Perform a sweep of each floor, stairwell, and public restrooms at the beginning and end of each shift to deter loitering and ensure all visitors or clients have exited the building by or before close of business. g. Secure all doors and access points around the perimeter of the building at the beginning and end of each shift at 20 Civic Center Plaza, Santa Ana, CA and as requested for 815 N Santiago St, Santa Ana, CA. This includes locking and unlocking public entrances at the beginning and end of each shift at locations where applicable.
h. Report any elevator malfunctions or fire panel alarms to building facility manager(s).
i. Observe and enforce the County’s “No Smoking” rule which states, “No Smoking Within 25 feet of Entryways”.
j. Inform relief armed security guards of any special situations or instructions prior to vacating post.
k. Refrain from using personal cell phones or other devices to take photos or recordings while on duty or while at or on County property. Recordings of any kind (photo, audio, or video recordings) and/or the posting of any recorded material on social media is strictly prohibited. l. Limit telephone calls to business or personal emergencies.

City Council 14 – 22 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 24 m. Be familiar with the Public Address (PA) system at 20 Civic Center Plaza, Santa Ana, CA and for 815 N Santiago St, Santa Ana, CA. The City shall provide initial training on this system to Contractor. Contractor shall be responsible for subsequent training of any staff assigned to the post. n. Armed security guard shall screen visitors, make contact with the person to be visited or the department receptionist, and announce that a visitor is waiting in the lobby. Generally, the armed security guard does not escort the visitor to the employee’s office, but shall direct the visitor to the proper location.
o. Prevent journalists from proceeding into unauthorized areas. (1) Contact the Facilties Manager immediately to report the media’s presence in the building.
(2) Recognize that journalists have a right to request entrance to a public building.
(3) Disallow journalists from disrupting or interfering with work in progress or forcing an interview with clients or County employees who do not wish to provide statements.
(4) Disallow use of video or audio, equipment or recording devices of any kind, unless approved by the Facilties Manager.
p. Assist City employees with defusing arguments or disturbances with the public, whether it is inside or outside the City office. (1) Threatening situations shall be reported immediately to local authorities by calling 9-1-1, the Officer of the Day (OD) or first available supervisor, and the Facility Manager.
q. Armed security guards may be asked by City staff to assist with a difficult client or to escort individuals to their vehicles.
(1) Armed security guards who are authorized to leave their post for such tasks shall comply with requests for assistance unless compliance would significantly lower the level of security required within the facility.
r. Armed security guards may be asked by City staff to deny access to specific individuals who have been deemed potentially violent (a former employee, family member, or client who may have threatened a City employee or has displayed a potential for violent or disruptive behavior). (1) Armed security guards shall notify the local authorities immediately by calling 9-1-1 if the individual exhibits behavior that could be violent or disruptive.

City Council 14 – 23 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 25 s. Enforce the rule forbidding weapons and/or contraband from being brought into City buildings. Weapons and/or contraband are not allowed onsite at City facilities (with the exception of weapons worn by armed security guards as required under this RFP, Sheriff’s Deputies/personnel, other law enforcement officers, Probation Officers, Welfare Investigators, etc.). t. If contraband or weapons are discovered during a search or screening for weapons, those items shall be confiscated by the Security Guard. The Security Guard shall contact the Officer of the Day or the first available unit supervisor. When the suspect is turned over to the peace officer, the peace officer shall be notified of the discovered item.

3. Contractor’s armed security guards and other agents or representatives of Contractor shall not:
a. Lock or unlock public entrances outside of duty hours unless authorized by a Security Guard(s) Supervisor or a Facility Manager.
b. Sit on desks, cabinets, tables, or rest feet on desk tops or open desk drawers, etc.
c. Possess or use illegal substances, alcohol, or marijuana on the job.

Security guards under the influence of alcohol, marijuana, or illegal drugs while on duty will be promptly dismissed and guard shall not be reassigned to any other County facility.
d. Engage in excessive fraternizing with City staff, visitors, or clients.

Excessive fraternizing disrupts and distracts guards from their primary duties.
e. Converse privately with acquaintances or personal visitors while on duty.

Armed security guards shall utilize their breaks and lunch periods for such interactions.
f. Read books, magazines, or newspapers while on duty.
g. Accept any gifts or gratuities from County staff, clients, or visitors. h. Occupy their personal vehicles while on duty. Armed security guards shall be on post for the entire duration of their shift with the exception of breaks and lunch. Contractor shall provide relief staff to cover the post during lunch and breaks.
(1) Multiple complaints against a security guard with or without confirmation of extenuating circumstances shall be grounds for discharge. Rude or offensive behavior toward clients, visitors, or County staff will not be tolerated. Willful disregard of orders from the Security Guard Agency or County management personnel will be cause for removal from duties.

City Council 14 – 24 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 26 i. Allow suspicious packages or objects to be left unattended at any time in the lobby of the building or near the post. In the event of a bomb threat, the security guard shall gather as much information as possible (such as time, names, location, statements from witnesses), and convey this information immediately to local authorities via 9-1-1, the Officer of the Day or first available supervisor, and the Facility Manager. If evacuation is ordered, the armed security guard(s) shall assist with the evacuation of all building occupants in an orderly and safe manner.
(1) The armed security guard shall notify authorities of anything suspicious or out of place that has been observed. If a suspicious object is located, the security guard shall take the following additional precautions:
(a) Do not touch, move, or disturb the object;
(b) Do not use a pager, radio or cellular phone near the suspicious object, since these may detonate some
explosive devices. Exercise caution and advise others not to use pagers, radios or cellular phones near the facility; (c) Get a detailed description of the object, including but not limited to the shape, size, height, width, color, and any visible markings;
(d) Note the exact location of the object, including but not limited to floor number, room number, location within the room;
(e) Cordon off the area and deny re-entry; and
(f) If requested by the Facility Manager, another City manager, the 9-1-1 operator, and/or the local authorities, begin clearing all persons from the immediate vicinity in a safe and orderly manner.

4. Contractor Supervisor/Liaison:

Contractor shall designate a permanent member(s) of its management staff, at no additional cost to the City, to act as a supervisor(s) or liaison officer(s) between designated City of Santa Ana personnel and the armed security guards. a. Contractor shall provide the name, telephone number, pager or cell phone number, facsimile number, email address and office address of the designated security supervisor(s) or liaison(s) to the City’s Facility Manager for the site location.
b. Contractor shall provide updated information to the Department’s Facility Manager for all replacement security supervisors and/or liaisons for the duration of the contract.

City Council 14 – 25 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 27 c. The supervisor(s) or liaison officer(s) shall be available on an on-call basis via pager or cell phone to the security guards and designated City staff.

The supervisor shall be centrally located to City Offices in order to supervise and monitor the guards and to ensure satisfactory performance of armed security guards services.
d. The supervisor(s) or liaison officer(s) is responsible for, but not limited to, the following:
(1) Work with designated City management personnel or building staff to ensure a high standard of courteous and professional security service which is sensitive to the needs of the City staff, clients, and visitors.
(2) Supervise the security guards at the posts within the facility; be available for frequent on-site supervision, at a minimum of once per week.
(3) Familiarize each security guard with the City internal communication system and any other City policies that affect the public. This information will be provided by the City to the Contractor.
(4) Develop or review written standing Post Orders with an emphasis on the needs of the Department and as specified by City management staff. Written Post Orders for the Probation location assignment shall be completed and approved by the
supervisor(s)/liaison(s) and the City within 15 business days after the contract start date.
(5) Review Post Orders for revisions and updates with the Facility Manager at least twice a year at agreed upon dates each year.

Contractor will re-issue newly revised Post Orders within one month of completion and will review the changes with each guard (including new hires/replacement and substitute security staff during vacations, sick leave).
(6) Respond within two hours or less to requests from City management staff for follow-up with appropriate action and/or recommendations on any incidents or complaints involving security guards employed by the Contractor(s).
(7) Keep City management staff apprised of security issues which affect the safety of the staff, employees, and visitors, and make appropriate recommendations for improvement.
(8) Promptly report any unusual events or emergencies (such as an accident, hostile client or employee, illegal weapon, bomb threat or theft) to the Officer of the Day, first available supervisor, and Department’s Facility Manager. These incidents shall be followed by a written report submitted to the Facility Manager within 24 hours City Council 14 – 26 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 28 of the incident or event. Bidder shall include within its proposal a sample incident report.
(9) Investigate all complaints received about the security guard(s), report findings, and inform City facility or management staff of remedial action(s) taken.
(10) Ensure that incident reports and other written documentation requested are forwarded to the appropriate City management staff member within the time specified.

5. Employee Conduct:

Contractor and all assigned staff members, including but not limited to guards, supervisors, liaisons, and account manager, shall be held to the highest level of professionalism throughout the life of any contract awarded as a result of this RFP. a. Proper conduct is expected of Contractor’s personnel at all times. This includes adhering to no-smoking ordinances, the City’s drug-free work place policy, not using alcoholic beverages, and courteous treatment of employees, clients, and visitors.
b. City has the right to dismiss any Contractor’s employee who does not, in the County’s discretion, properly conduct himself/herself or perform quality work.
c. Contractor and contractor’s staff shall not use cameras, camera phones, computers, tablets, and/or comparable devices while on post. Recordings of any kind, including photos, audio, and/or video recordings are strictly prohibited. The City of Santa Ana and/or other City Offices’ shall not be the subject posted on any social media sites.
d. It is the Contractor’s responsibility to conduct a thorough criminal background check on all armed security guards assigned to any City facility to ensure that no guard has a criminal record. A copy of the written verification that the guard has passed the Contractor’s background checks must be provided to the City Department’s Facility Manager prior to assignment at the facility.

6. Training and Certification:
a. The armed security guards assigned to the City of Santa Ana City Hall and SARTC shall have completed the required mandatory 40-hour skills training course and elective eight-hour Certification Course in Firearms Training as regulated by the State of California Bureau of Security and Investigative Services (BSIS), Division 7 of Title 16 of the California Code of Regulations, Article 9, Skills Training Course for Security Guards. (1) Security Guard companies or agencies must provide written proof, to City management or Facility Manager, of a security guard’s certificate of completion (or evidence of completion of the required hours as set forth in the above paragraph) of the mandatory and City Council 14 – 27 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 29 elective training administered by a private patrol operator or by a certified training facility.
b. Training protocols outside of the BSIS State of California Bureau of Security and Investigative Services.
a. Contractor shall provide and maintain a training development program to include de-escalation training to every armed security guard.
b. Contractor shall make training records available to include firearm certifications.
c. Additional replacement or relief security guards provided by the Contractor shall be of the same caliber and possess the same training as the regularly assigned security guard(s).
d. All relief armed security guards (covering for vacations, sick leave, or other absences) shall be trained and familiar with the procedures, duties and responsibilities required of the regularly scheduled security guard(s).

7. Uniforms and Equipment:
a. Security guards are to be dressed in appropriate uniforms that comply with the “name and patch” requirements. Uniforms are to be neat, clean, pressed, and lint free. Uniforms are to include dress or leather work shoes that are clean, in good repair and color coordinated with the uniform. NO tennis or athletic shoes are permitted.
b. Guards shall be easily identifiable as non-City employees and are to wear, at all times, a company name badge or patch and a name plate securely fastened and worn in full view to be seen at a minimum view of three feet. c. Guards are required to carry handguns and handcuffs. It is preferred that they carry secondary defensive weapons as well, which can include batons, and/or mace.
d. Contractor shall provide armed guard staff with two-way communication devices, such as radios, for use while on post. The devices must be approved by the City.

B. DELIVERABLES / REPORTS

1. Daily Activity Report:

Contractor shall require security guard(s) to maintain a Guard’s Daily Activity Report (DAR) of all activities during each shift for the entire term of the contract.

The Contractor(s) will provide copies of these reports or a summary of the activities to City management on a monthly basis.

2. Incident Reports:

City Council 14 – 28 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 30 For any incident occurring during a post assignment, armed security guard(s) shall be required to complete the City’s Incident Report form. The Contractor’s Incident Report format may be used if pre-approved by the City Department’s Facility Manager.

Incident reports are to be completed for events including but not limited to the following:
a. The guard witnesses a crime or other type of unusual or suspicious activity; b. An arrest is made;
c. Building staff or personnel specifically requested security assistance or intervention;
d. Any person refuses or is unwilling to comply with a reasonable request or direction given by the security guard;
e. Any and all injuries, regardless of whether or not medical attention was required.
f. Verbal and/or physical assaults;
g. Seizure;
h. Loss of consciousness; and
i. Death.

Incident reports must be in English and are to be clear, concise, and factual.

Reports are to be printed or typewritten and are to include the following information:
j. Name(s) of the person(s) involved in the incident;
k. Location of the incident;
l. Exact time and date of the occurrence;
m. Description of the event(s);
n. List of any injuries incurred and by whom; and
o. Emergency services or other agencies called. These types of incidents shall include, but not be limited to the following situations:
(1) Any damage occurring on or near City property;
(2) Any theft or burglary, attempted or otherwise, occurring inside or outside of the City facility;
(3) Police or other law enforcement activities on or near the City’s property;
City Council 14 – 29 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 31 (4) Fire Department activities on or near the City’s property; (5) Any incident involving a weapon, including incidents requiring the use or display of the security guard’s firearm other than normal visibly holstered status.

3. Other Reports:

The Security Guard Company shall establish an account for the City of Santa Ana.

The City shall receive a monthly statement for armed security services to include the following information:
a. Itemization and summary of the amount due, date, location, department name and Purchase Order number; and
b. All unpaid invoices, payments received, and credits issued for the location.

The City of Santa Ana shall be responsible for paying all approved charges to its account. Contractor shall keep a daily attendance log for all armed security guards assigned to the City of Santa Ana along with a weekly summation of all hours worked, and must be able to provide this documentation upon request from the department.

4. Contractor shall maintain an internal self-correcting mechanism to minimize negligence of duty by the armed security guards assigned to the City of Santa Ana facilities.

SITE SPECIFIC SCOPE OF SERVICES

SANTA ANA REGIONAL TRANSPORTATION CENTER
The Santa Ana Regional Transportation Center (SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000-square-foot terminal, two surface parking lots with a total of 282 spaces, and one four-story parking structure with 423 spaces. A three-story pedestrian bridge takes travelers to the east train platform. A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4:00 AM to midnight daily.

The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five-story theme tower that includes small meeting/conference rooms on the 4th and 5th floors. Tenants include Amtrak, Greyhound Lines and office space is leased on the 2nd and 3rd floors.

As a regional transportation hub and public services facility, various local, state, and federal authorities have law enforcement jurisdiction within the facility. The lead authority is the Santa Ana Police Department. The Orange and Los Angeles County Sheriffs, the California Highway Patrol, OCTA Police, Amtrak Police, and the Department of Homeland Security are amongst the other law enforcement agencies that hold jurisdiction. The SARTC is designated as a Homeland Security critical infrastructure locale.

City Council 14 – 30 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 32 Rail and Bus Services
The SARTC functions as an inter-modal transportation facility along the Orange railroad subdivision, within the Los Angeles San Diego (LOSSAN) corridor. The SARTC serves both Metrolink and Amtrak commuter/passengers seven days per week. Specifically, it serves Metrolink’s Orange County and Inland Empire-Orange County commuter rail service lines, and Amtrak’s Pacific surfliner trains. Six Local OCTA and OCTA Station Link bus service routes are available at or in the immediate vicinity of the SARTC. In addition, the SARTC also leases space to long distance bus service providers as Greyhound and Tres Estrellas de Oro.

Workforce Development Services
The Santa Ana WORK Center is located within the SARTC. The WORK Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youths. As part of the WORK Center, the State of California EDD leases an administrative office on the first floor for staff and is not open to the public. The City of Santa Ana and the State EDD lease the two suites on the second floor. The administrative suite averages 14 client visits per day and the referral center suite averages 100 client visits per day. The WORK Center offices on the first and second floors are open from 7:30 AM to 5:00 PM Monday thru Thursday and every other Friday. A security guard under separate contract by the State of California is assigned to the referral center suite during the hours it is open to the public. It is expected that the security company awarded the contract under this RFP will work in cooperation with the security guard assigned to the referral center when necessary. The County of Orange Social Services Agency leases the suite on the third floor and averages 26 client visits per day. The third floor suite is open from 7:00 AM to 5:00 PM, Monday thru Friday.

I. SCOPE
The City’s objective is to provide deterrence against crimes of vandalism, theft and bodily injury at the SARTC on a twenty-four (24) hour basis.

Management of Facility
The SARTC is owned by the City of Santa Ana and managed by the Public Works Agency. Onsite property management services are available during normal business hours Monday through Thursday and every other Friday. The office is closed on weekends and 11 days per year for holidays.

This post requires highly visible armed security staff with excellent interpersonal skills and the ability to deal with the public in a courteous manner. This post requires extensive public contact. Guards assigned to this post must speak and understand English and be able to write clear and concise reports. Bilingual candidates are preferred and at least one bilingual Spanish speaking guard must be on site at all times.

The primary functions of the armed security guards include the following: observe and report any unusual or suspicious activities; respond to emergencies or other disturbances that occur at or on the SARTC property.

Security Guard Minimum Qualifications
City staff will review the qualifications of the guards assigned to the respective sites. The City reserves the right to disapprove Contractor personnel assigned to this contract. The Contractor will remove and replace immediately any personnel deemed unacceptable to the Contract Manager.

Security guards are required to meet the minimum qualifications listed below prior to their initial City Council 14 – 31 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 33 assignment. Contractor shall ensure that written documentation of the criteria listed below of all security guards assigned under the provisions of this contract are kept on file at Contractor’s place of business.

Failure to do so may result in the termination of the contract and subsidiary contracts. (l) Education- Guards must possess a high school diploma or G.E.D. equivalent and must have the ability to speak, read, and write the English language, understand and carry out oral and written directions, think and act quickly and effectively in emergencies, and write accurate and clear reports. Some locations will require guards to be bilingual (see Scope by Location)
(m)Experience- Contract shall provide trained security personnel who have been with the company for no less than three (3) months or one-hundred and sixty (160) hours and have experience in dealing with the public. The City reserves the right to conduct an interview with each employee selected by the Contractor for placement at a City facility to recommend to the Contractor those individuals who are deemed suitable. (n) Knowledge/Skills- Guards must have experience using and ability to use a typewriter, word processor, or computer terminal. Guards must have the ability to construct and write clear and accurate detailed reports.
(o) Guard Registration Card- Guards must at all times, be in possession of a current guard registration card issued by the California Department of Consumer Affairs while assigned to the City contract. Temporary guard cards are not acceptable. (p) Drug Testing- All guards shall successfully pass a pre-employment drug screening examination within six (6) months of their assignment. The Contractor at its own expense will arrange drug testing for the guards prior to assignment at any City facility. (q) Background Check- Contractor shall certify that all personnel have successfully passed a criminal background check prior to assignment to any City facility. (r) Training- Security guards are required to have received training in First Aid and CPR, with current certification, as well as training in security and emergency procedures, crowd control, and public relations. The Contractor at its own expense will arrange First Aid and CPR training for the guards prior to assignment to any City facility. (s) Physical/Mental Qualifications- Security guards assigned to work under this contract must be mentally alert and capable of exercising good judgment, implementing instructions and assimilating necessary specialized training. Security guards shall possess an acceptable level of agility, stamina, and overall good physical health allowing them to:

1. Stand for up to eight (8) hours.

2. Walk long distances over uneven terrain, dirt or rocky paths, day and night, in all weather conditions.

3. MUST have ability to lift fifty (50) lbs. minimum.
(t) Performance- Substandard performance of any kind will not be allowed. The City reserves the right to refuse or reject any assigned guard, who, in the City’s belief, fails to meet the minimum requirements as set forth in this Contract. (u) Driver’s License- Security guards must possess and carry in their possession while on duty a valid California Driver’s License issued by the CA Department of Motor City Council 14 – 32 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 34 Vehicles.
(v) Probationary Period- New security guards assigned to the City contract will be placed on a six-month probationary period during which time their skills will be assessed periodically by both Contractor and City staff. To ensure satisfactory completion of the probationary period, City staff, at his/her discretion, may require a written exam and/or oral review.

Account Manager
The Contractor shall provide an account manager solely assigned to this contract. The account manager shall make unannounced inspection of guards on post at random times, sufficient to ensure job performance and adherence to personnel standards, but in any case, not less than one (1) time per site per week. Unannounced visits shall rotate between the different shifts and will include all posts equally. The guard on duty is to complete an incident report for each account manager visit.

The account manager will also meet with the Contract Administrator, or designee, as needed.

The account manager will be responsible for notifying Contract Administrator of all issues raised at these meetings and of steps taken to rectify these issues. Notification to the account manager of performance deficiencies serves as sufficient notice to the Contractor of contract noncompliance to initiate corrective action. For major performance deficiencies, City will also provide written notice to Contractor. Any contract deficiencies identified in writing by the Contract Administrator or designee will require a written follow-up from the Contractor identifying the steps taken to rectify the deficiency. Account Manager should be prepare to:
(a) May be requested to attend City meetings, neighborhood meetings, etc. (b) Provide monthly statistical reports
Security Supervisor (Minimum Requirements)
a) Has at least 12 months prior work experience as a security guard supervisor b) Has training and supervisory experience commensurate with the requirementsas specified herein.
c) Ensure that all posts have an approved security guard at all times and for theduration required. d) Ensure that the Contractor provides an approved security guard for any late,absent or dismissed security guards.
e) Act as the liaison between City and Contractor regarding all issues pertaining tosecurity guard and performance.
f) Supervisor must be available whenever guard shifts are being performed, including holidays, by telephone to respond to any issues that may arise as
24-Hour Communications Capability
Contractor shall maintain a 24-hour communication center. Contractor shall be responsible for the proper operation and security of its pages, radios, cellular phones and chargers.

Communication
All security guards assigned to work under this Contract must be accessible by City staff via mobile phones at all times during their work shifts. Moreover, the security guard shall report all emergencies to the Santa Ana Police Department immediately upon their occurrence. The City Council 14 – 33 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 35 security guard’s mobile phone number must be made available to City staff to ensure that the security guard is immediately alerted of incidents requiring their assistance.

Electronic Patrol Equipment
The Contractor shall provide complete electronic security guard personnel monitoring system, which is able to track, and monitor security personnel in real time indoors, and outdoors. It must combine GPS and RFID functionality, enabling security personnel to scan interior and exterior checkpoint tags, as well as facilitate real time location reports. The electronic system must be able to provide reports identifying, but not limited to, security guard identification, missed checkpoints, types of incidents (i.e., doors left unlocked, suspicious activity, etc.) and a security patrol summary.

Substitutions may be proposed and will be evaluated as to whether they meet the City’s requirements.

Information shall be accessible for the City to review. Any and all reports prepared during the term of the contract shall become property of the City.

It is the Contractors responsibility to replace missing or damaged checkpoint tags, within twentyfour (24) hours, at no cost to the City.

Incident Reports
Security guards shall provide, preferably via email, detailed incident reports in a timely manner to City facility site management.

Responding and Reporting
In the event of the breach of City property, the Contractor will be instructed to contact their home base, who will contact authorities and designated City staff for each facility. Contractors will not place themselves in danger by confronting dangerous individuals.

Uniforms and Equipment
Contractor shall provide uniforms to employees assigned to work on the contract at no additional expense to those employees and/or the City. Uniforms shall include winter jackets and rain gear.

Uniforms shall bear a patch identifying the Contractor. Uniform must be clean and ironed and worn in a meticulous and professional manner. Garments worn to adjust to the climate (jackets, coats, etc.) must not hide the security guard markings of the uniform. Uniforms are subject to City approval. Pictures of Contractor uniforms are to accompany Contractors RFP response. All hardware, software, uniforms, materials, equipment, and vehicles necessary to satisfactorily perform security guard service in accordance to this Solicitation shall be provided by the Contractor including, but not limited to: flashlights, whistle, clip boards, log books, two-way hand held radio, mobile phone, etc.

Appearance and Grooming
Assigned personnel shall arrive at work well groomed, in a professional manner, and in the appropriate uniform of the company. Uniform must include badge, company designation patch, nametag and required communication equipment. Uniforms shall be in respectable condition, City Council 14 – 34 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 36 fitted properly, cleaned, pressed, and present a professional appearance. Assigned personnel shall not accessorize their uniforms. Assigned personnel shall wear their shirts tucked inside their slacks. Assigned personnel shall not lean against walls, stand with their hands in their pockets, or adopt an unprofessional conduct or posture. Guards must be in uniform by their designated shift start time and remain in uniform until the shift end time.

Locks and Keys
Access shall be in accordance with instructions, keys and/or security cards issued or provided by the City’s representative(s). Access may include special instructions about security systems installed at facilities. The Contractor shall take all reasonable precautions to ensure that security of the facilities and internal equipment, furnishing and other items are maintained at all times.

The Contractor shall be responsible for the series of keys assigned to it and shall assign these keys to its personnel for use in maintaining the facilities. The Contractor shall be responsible for the proper use and safekeeping of all keys issued by the City to the Contractor.

The Contractor shall report all lost or stolen keys to the City’s representative(s) within twenty-four (24) hours after discovery of the loss. The Contractor shall reimburse the City for the total cost, as determined by the City, of re-keying the facility or duplicating additional keys.

Upon termination or expiration of the Contract, the Contractor shall immediately return all keys, cards, remote controls, etc., to the City.

California law stipulates that it is unlawful for a person to duplicate any keys without the permission of the owner. The penalty for violation of this law is either six (6) months imprisonment or a fine of $500.00, or both.

Training
Contractor shall provide the training at no additional expense to the City. Refresher training, or any other training, will not be allowed during regularly scheduled work hours. (a) On-Site training of newly assigned security guards: Contractor will be expected to provide guards assigned to SARTC, five (5) full days of on-site training with Supervisor or gua1s required.
(b) Training of substitute security guards:

Substitute guards shall be able to fill in and complete all duties of the regularly assigned guard, when needed.
(c) Refresher training:

Refresher training shall be provided upon request of the City. Refresher training shall be designed to ensure that all security guards are proficient at their duties. The refresher training shall address any issue brought to the Contractor’s attention by the City staff, who is requesting the refresher training.
(d) Health and safety orders:

Contractor shall provide safety training as required by the California Department of Industrial Relations and Cal-OSHA (California-Occupational Safety and Health Administration).

Lunch and Breaks
Contractor is responsible to ensure that security officers receive meal and periodic breaks as City Council 14 – 35 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 37 required by law. The City does not pay for lunch/non-working hours.

Post Orders (Duties) and Operating Procedures
Prior to staffing an account, Contractor shall provide the following at no addition expense to the City.
(a) Meet with Management and/or City staff at each facility and review current security guard post orders (duties) and operating procedures;
(b) Amend current post orders and operating procedures, as necessary, to the mutual agreement of both parties, in writing;
(c) Hold an orientation/training meeting with assigned personnel, at which time they shall be given a written copy; and;
(d) Provide a written copy to Project Manager
Contractor shall establish a specific set of post orders and operating procedures for each facility.

Review of Post Orders, Procedures and Performance
Contractor shall review the security guard post orders, operating procedures, and performance of security guards with designated City staff on a quarterly basis. Post orders and operating procedures shall be updated as necessary to ensure an optimum level of service and documentation of post orders and procedures. Any revisions shall also be clearly conveyed to assigned personnel, and they shall each receive a revised written copy. The facility site supervisor shall also receive a revised written copy.

Cooperation with Law Enforcement
Contractor and assigned personnel shall cooperate with law enforcement officers from the local agencies, including but not limited to Santa Ana Police Department, Orange and Los Angeles County Sheriffs, California Highway Patrol, OCTA Police, Metrolink Police, Amtrak Police and the Department of Homeland Security.

General post assignments and tasks include, but are not limited to the following:
• Observe-and-report only. Guards are not expected to apprehend or physically detain any individual. • Patrol restrooms, main floor lobby, train loading areas, balconies and upper floors of the building, perimeter of entire facility, parking lots, parking structure, pedestrian bridge, east and west platforms, all stairways and all approaches onto the property.
• Using post management system to check in at designated checkpoints, minimum of 27 points. • Actively patrol entire property.
• Maintain facility in lockdown mode when the facility is closed, unless an emergency arises and respond only at the direction of SARTC management or emergency services. • Periodically monitors the City’s video surveillance systems (VSS) surveillance system. • Ensure that unauthorized taxis, limousines, buses, etc. do not assemble on or adjacent to the property.
• Provide vehicle and parking control throughout the facility, as needed. • Provide surveillance of trains, buses and passenger movement.

City Council 14 – 36 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 38 • Enforce the facility’s unattended baggage policy and follow appropriate procedures. • Lock down or open the facility at designated times. This will include main building, parking structure and pedestrian bridge accesses.
• Report to SARTC management any light outages, improperly working doors and/or locks, building leaks or leaks of any kind, any abnormality in function of mechanical, electrical or plumbing systems, graffiti locations, suspected or observed theft or vandalism. • Raise and lower flags at dawn and dusk.
• Check in and check out all contract personnel and provide access to service areas as necessary. • Provide authorized personnel access to secured sites
• Be familiar and able to enforce the SARTC Emergency Action Plan and Evacuation Procedures. • Maintain a log of all lost and unattended items.
• Conduct monthly check of fire extinguishers.
• In Property Manager’s absence will receive and turn over bike locker and photography applications. • Provide tenants access to secured conference rooms.
• Ensure conference rooms are secured after use.

Shift Coverage: Minimum of two guards for 24/7 security guard coverage On-site supervisor Monday through Friday
Holiday Coverage: Regularly scheduled security guard coverage is required.

II. RESPONSIBILITY OF CONTRACTOR
The Contractor will provide services for 24 hour security coverage at this location. A guard must be present at all times and this facility must never be left unattended. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR). This system must be complete with a reliable computer equipped with Internet access, Microsoft Office, a printer, downloader, and any other equipment needed in leading and monitoring the security needs of the facility.

Each security guard shall be equipped with cellular phone and all other telecommunications or electronic equipment necessary for all security officers while on duty.

Desirable to have equipment to allow for real time reporting and tour verifications.

Provide internal transportation equipment, if any, such as scooters, segways, bicycle, vehicles etc.

Provide all document and stationary supplies needed for the successful running of this post. This means adequate supplies of forms, ink cartridges for printer, printer paper, all pertinent forms, pens, writing pads, etc. THE CITY WILL NOT PROVIDE SUPPLIES.

THE SANTA ANA CORPORATE YARD
The Santa Ana Corporate Yard (Yard) is located at 215 South Center Street, Santa Ana, CA 92703. The Yard covers 12 acres between First Street on the north, Daisy Avenue on the east, Chestnut Avenue on the south and Center Street on the west. The property includes administrative office buildings, a central stores warehouse, a fleet and facility maintenance two-story garage, and a single-story vehicle parking structure backed up to Chestnut Avenue. The entire property is walled with three security gate entrances.

City Council 14 – 37 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 39 The property houses a variety of the City’s vehicle fleet, including street sweepers, large trucks, and standard sedans. The Yard serves as a fuel filling location for City vehicles and houses diesel and unleaded underground storage tanks, and CNG and hydrogen above-ground storage tanks. Security guard services are required per the shift and holiday coverage detailed in Section II below. The regular hours of operation at the corporate yard are Monday through Friday from 6:00 a.m. to 6:00 p.m.

I. SCOPE
The City’s objective is to provide the Yard with security guard service to monitor the security of personnel, equipment, buildings, and general property. The security guard will be posted at the guard station located at the Center Street entrance. The guard station is equipped with a closed-circuit TV and provides visual monitoring of the Yard area and allows monitoring of the entrance.

The security guard shall perform the following:
• Utilize an electronic device to conduct tour verification and incident reporting. • Observes the closed circuit TV monitoring of the Yard. • Closes the entrance gates on the property, between 5:00 p.m. and 5:30 p.m. on weekdays. • Opens the gates at 6 a.m. on weekdays.
• Maintains a logbook noting the name of every individual who enters and leaves the property and notes the time.
• Conducts a continuous observation of the Yard to maintain a secure and safe property. If any concerns arise during the guard shift, instructions are provided with contact numbers to the Santa Ana Police Department.
• Under no circumstance is aggressive action required.
• The security guard is required to call proper channels in the event of an unusual observation. • The Contractor will conduct unannounced supervisory inspections during shifts.

The City reserves the option to increase or decrease the number of nightly or daily coverage, the hours of coverage, and the number of days per week requested with seven days written notification.

Shift Coverage: 1 Security Guard
6am to 8pm Monday through Thursday
24 hour coverage effective Friday at 4pm through Monday at 6am Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays.

II. RESPONSIBILITY OF CONTRACTOR
The Contractor is to provide one security guard in standard full uniform at the Guard Station located on the west side of the Corporate Yard. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR).

PARKS, RECREATION AND COMMUNITY SERVICES AGENCY

CITY PARKS, FACILITIES AND BIKE TRAILS
I. Patrol Schedules
a. On a daily basis, Contractor will assign Patrol Guards to the designated City of Santa Ana parks and/ or facilities per the approved schedule. The patrol will be seven days per week City Council 14 – 38 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 40 with a staggered schedule. Contractor will submit schedules on a monthly basis no later than five working days before start of month.
b. City reserves the right to adjust service times and quantity of assigned Patrol Guards on holidays and/ or any days otherwise specifically requested.

II. Park Patrol Locations
The City reserves the right to change the location of the patrol to another city park and/or facility if warranted at that location.

NAME LOCATION SIZE
Adams Park 2302 S. Raitt St. 5.68 Acres
Angels Park 914 W. 3rd St. 1.72 acres
Birch Park 210 N. Birch St. 2.66 acres
Bomo Koral Park 900 W. MacArthur Blvd 10.40 acres
Cabrillo Park 1820 E. Fruit 7.60 acres
Cesar Chavez Campesino Park 3311 W. 5th St. 6.30 acres
Chepa's Park 1009 N. Custer .41 acres
Delhi Park 2314 S. Halladay 10.40 acres
Eldridge Park 2933 N. Fallbrook Dr. 1.2 acres
Edna Park 2140 W. Edna 2.82 acres
El Salvador Park 1825 W. Civic Ctr. Dr. 8.4 acres
Fairview Triangle Santa Ana River Trail .30 acres
Fisher Park 2501 N. Flower 2.34 acres
French Park 901 N. French .17 acres
Friendship Park 2210 W. Myrtle .09 acres
Garfield Exercise Park 902 N. Brown St. .10 acres
Griset Park 2400 MacArthur Blvd. 6.79 acres
Heritage Park 4812 W. Camille 6.51 acres
Jerome Park 726 S. Center Street
Lillie King Park 500 W. Alton 9.60 acres
Mabury Park 1801 E. Fruit 5.46 acres
Madison Park 1528 S. Standard 6.06 acres
Maple & Occidental Park Corner of Maple/Occidental .43 acres Mariposa Park 6th and Lacy
McFadden Triangle 630 S. Susan .80 acres
Memorial Park 2102 S. Flower 17 acres
Memory Lane Park 1560 W. Memory Lane .47 acres
Morrison Park 2081 N. Westwood 5.07 acres
Pacific Electric Park 401 E. McFadden Ave. 1.39 acres
Plaza Calle Cuatro 325 E. Fourth St. .20 acres
Portola Park 1700 E. Santa Clara 9.07 acres
Prentice Park 1801 E. Chestnut Ave. 18.75 acres
Raitt/Myrtle FUTURE PARK
Riverview Park 1817 W. 21st St. 8.76 acres
Rosita Park 7060 N. Newhope 8.68 acres
Saddleback View Park 631 N. Patricia Ln. .92 acres
Sandpointe Park 370 S. Birch 6.63 acres
Santa Anita Park 300 S. Figueroa 4.86 acres
Sara May Downie Herb Garden 2405 N. Flower .13 acres
Segerstrom Triangle 1000 W. Hemlock Wy. 1.22 acres
City Council 14 – 39 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 41 Sasscer Park 502 W. Santa Ana Blvd. .92 acres
Standard/McFadden FUTURE PARK
17th Street Triangle SA River Trail & 17th St. .66 acres Monte Vista Elementary* 2016 W. Monte Vista Ave
Spurgeon Intermediate* 2701 W. 5th Street
Willard Intermediate* 1342 N. Ross St.

Monroe Elementary* 417 E. Central Ave
Corbin Center 2215 W McFadden Ste G
El Salvador Community Center 1825 W Civic Center Dr
Jerome Recreation Center 726 S Center St
Logan Recreation Center
Memorial Recreation Center
Neal Machander Tennis Center 752 W 1st St
Salgado Recreation Center 7060 N Newhope St
Fisher Cabin 2501 N Flower
Santa Ana Stadium 602 N Flower
Garfield Center 501 N Lacy St
Roosevelt/Walker Community
Center
816 E Chestnut Ave
*Joint-Use Facilities
III. Facility Assigned Security Guards

FACILITY DAYS TIME
Santa Ana Senior Center Monday through Friday 9 am to 2 pm Southwest Senior Center Monday through Friday 9 am to 2 pm Santa Anita Community Center Monday through Friday 10 am to 8 pm Centennial Park Monday through Friday
Saturday and Sunday
4 pm to 12 am
10 am to 12 am
Santiago Park Sunday through Saturday 8 am to 12 am

BIRCH PARK
SASC/Birch Park is located at 424 West third St., Santa Ana, CA 92701. The park covers 2.6 acres including a senior center, fitness zone, outside portable restroom, and park area.

I. SCOPE
The City’s goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Birch Park and include the following duties:
• Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports.
• Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
• Direct patrons to areas within Birch Park.
• Report building maintenance and safety concerns as necessary. • Enforce Park rules as required.
• Mitigate various issues that arise in and around Birch Park. • Observe-and-report only. Guards are not expected to apprehend or physically detain any individual.

City Council 14 – 40 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 42 • Notify Santa Ana Police Department if police intervention is required. • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.

Shift Coverage: 1 Security Guard
9:00am to 1:00pm Monday through Friday
Holiday Coverage: No security guard coverage is required II. RESPONSIBILITY OF CONTRACTOR
The Contractor will provide security guard services approximately 20 hours per week at Birch Park.

Provide any safety equipment and specialized uniforms, if required.

SANTA ANA SENIOR CENTER
424 West Third St., Santa Ana, CA 92701
I. SCOPE
The City’s goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Santa Ana Senior Center and include the following duties:
a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports.
c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
d. Direct patrons to areas within Birch Park.
e. Report building maintenance and safety concerns as necessary. f. Enforce rules as required.
g. Mitigate various issues that arise in and around Birch Park. h. Observe-and-report only. Guards are not expected to apprehend or physically detain any individual.
i. Notify Santa Ana Police Department if police intervention is required. j. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.

Holiday Coverage: No security guard coverage is required

SOUTHWEST SENIOR CENTER
2201 W. McFadden Ave., Santa Ana, CA 92704
I. SCOPE
The City’s goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Southwest Senior Center and include the following duties:
a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports.
c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
d. Direct patrons to areas within Jerome Park.
e. Report building maintenance and safety concerns as necessary.

City Council 14 – 41 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 43 f. Enforce rules as required.
g. Mitigate various issues that arise in and around Jerome Park. h. Observe-and-report only. Guards are not expected to apprehend or physically detain any individual.
i. Notify Santa Ana Police Department if police intervention is required. j. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.

Holiday Coverage: No security guard coverage is required

SANTA ANITA COMMUNITY CENTER
300 S. Figueroa St., Santa Ana, CA 92703
I. SCOPE
The City’s goal is to provide security guard services to serve as deterrence against crimes of vandalism, theft and bodily injury at Santa Anita Center and include the following duties:
a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports.
c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
d. Direct patrons to areas within Santa Anita Park.
e. Report building maintenance and safety concerns as necessary. f. Enforce rules as required.
g. Mitigate various issues that arise in and around Santa Anita Park. h. Observe-and-report only. Guards are not expected to apprehend or physically detain any individual.
i. Notify Santa Ana Police Department if police intervention is required. j. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.

Holiday Coverage: No security guard coverage is required

CENTENNIAL PARK
Centennial Park is located at 3000 West Edinger Avenue, Santa Ana, CA 92704. The park covers 70.53 acres including baseball diamonds, basketball courts, the Dan Young Soccer Complex (four fields), a lake, a skate park, playground picnic areas, restrooms, a fire training facility, an adult education center and the Hector Godinez High School Facility. (Hector Godinez High School is located on Centennial Park property. The campus is not included in the area to be serviced; however, there should be communication between the successful proposer and the school district to effectively communicate truancy and other student related safety issues so that they can be effectively addressed by the school district.)
I. SCOPE
The City’s goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at Centennial Park and shall perform the following:
a. Perform roving patrols of interior and exterior building areas. b. Complete incident and daily operating reports.
c. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
d. Direct patrons to areas within Centennial Park.

City Council 14 – 42 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 44 e. Report building maintenance and safety concerns as necessary. f. Enforce Park rules as required.
g. Mitigate various issues that arise in and around Centennial Park. h. Provide a bike or electric golf cart patrol. Bike patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, knee and elbow pads, and helmets and uniforms, including BDU pants and/or shorts, polo shirt and belt. Electric golf cart patrol includes supplying the golf cart, ongoing maintenance of the golf cart, any safety equipment and specialized uniforms, if required.
i. Observe-and-report only. Guards are not expected to apprehend or physically detain any individual.
j. Notify Santa Ana Police Department if police intervention is required. k. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.

Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays.

SANTIAGO PARK
Santiago Park is located at 2535 N. Main Street, Santa Ana, CA 92704. The park covers 34.43 acres including a ball diamond, archery range, lawn bowling green, log cabin, Nature Center, Multi-purpose Field, Playground, Parking, Restroom, Tennis Courts, Bike Trail, Hiking/Exercise Trail, and Picnic Tables.

I. SCOPE
The City’s goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at Santiago Park and shall perform the following:
l. Perform roving patrols of interior and exterior building areas. m. Complete incident and daily operating reports.
n. Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
o. Direct patrons to areas within the park.
p. Report building maintenance and safety concerns as necessary. q. Enforce Park rules as required.
r. Mitigate various issues that arise in and around Centennial Park. s. Provide a bike or electric golf cart patrol. Bike patrol includes supplying the bicycle, ongoing maintenance of bicycle, safety equipment, including gloves, knee and elbow pads, and helmets and uniforms, including BDU pants and/or shorts, polo shirt and belt. Electric golf cart patrol includes supplying the golf cart, ongoing maintenance of the golf cart, any safety equipment and specialized uniforms, if required.
t. Observe-and-report only. Guards are not expected to apprehend or physically detain any individual.
u. Notify Santa Ana Police Department if police intervention is required. v. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.

Holiday Coverage: Regularly scheduled security guard coverage is required on these holidays.

IV. Patrol Guard Duties
a. Patrol Guards shall arrive at assigned park and/or facility in a vehicle provided by Contractor and will be on foot patrol at all times and clearly visible to patrons, unless specifically requested by the City to patrol a park using a vehicle. b. Patrol Guards shall be able to communicate in English and Spanish. c. Assigned Patrol Guards will check in with designated city staff at the beginning of each shift.

City Council 14 – 43 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 45 d. Assigned Patrol Guard shall act as an ambassador to educate park visitors on park rules, regulations, existence of overt cameras in specific parks and request compliance. e. Patrol Guards shall monitor parks use for compliance with all posted rules and ordinances, requesting visitors to comply. Patrol Guards shall inspect park restrooms; walk through community centers, pool areas, playground areas, parking lots, sport field areas, tennis court facilities, basketball and volleyball courts, skate parks, bike trails, archery range, nature center, clubhouses, and any other amenities within assigned areas. In the event there continues to be lack of compliance, Patrol Guards shall contact the Santa Ana Police Department to address situations they are unable to handle. f. Patrol Guards shall not have the ability to issue citations on behalf of the City of Santa Ana. g. The expectation of Patrol Guards is to patrol continually to deter vandalism, theft, illegal activities, and noise ordinance violations, parking violations, non –approved use of park, break-ins to site facilities, and loitering in the park after closed. h. Patrol Guards shall use My Santa Ana app for any maintenance related concerns (i. e. graffiti removal) and/ or note items on the daily log.
i. Assigned Patrol Guards shall immediately restrict access and report any health and/ or safety issues immediately to the designated city contact via email no later than 8:00 am the following morning.
j. Patrol Guards shall lock and/or unlock designated parking lot gates and restrooms daily during their shifts Exhibit 1).

V. Patrol Guard Vehicles
a. Contractor shall provide vehicles used by Patrol Guards. b. Contractors should not transport any residents in their vehicles while performing services pursuant to this Agreement.
c. Contractors shall obey all traffic laws while using their vehicles to provide services pursuant to this Agreement.

VI. Post Orders and Operating Procedures
Pursuant to the original Agreement between the parties (Exhibit A, paragraph 9 entitled 'Post Orders (Duties) and Operating Procedures) the Contractor will work with Parks, Recreation and Community Services Agency staff to establish a specific set if post orders and operating procedures for the roving park patrols outlined in this Third Amendment.

SANTA ANA ZOO AT PRENTICE PARK
The Santa Ana Zoo at Prentice Park (the “Zoo”) is located at 1801 East Chestnut Avenue, Santa Ana, California, 92701. The Zoo covers 20.5 acres, including public parking areas, animal housing, exhibits, and buildings. The Zoo handles 90 species with approximately 250 animals and 35 exhibits.

Hours of Zoo Operation
The Zoo is open to the public Monday through Sunday (seven days per week) from 10:00 a.m. to 5:00 p.m. The Zoo is closed to the public on Thanksgiving Day, December 25, and January 1; Zoo staff are on the grounds every day of the year to provide animal care.

Note: During days of extremely inclement weather, the Zoo Manager may decide to close the Zoo to the public.

I. SCOPE
Security guard services include four (4) security tour patrols nightly, seven (7) days per week, around the Zoo property perimeter and through the Zoo grounds. These services serve as a deterrent against City Council 14 – 44 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 48 City Council 14 – 45 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 49

THE SANTA ANA WORK CENTER
The Santa Ana WORK Center is located at 801 W. Civic Center Drive Ste. 200, Santa Ana CA 92701.

The WORK Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youth. The WORK Center suite averages 150 client visits per day. The hours of operation are from 8:00 AM to 5: 00 PM Monday thru Friday. Workshops in both English and Spanish (for limited English speaking adults) take place several times a week. Periodically job fairs are conducted. Attendance at job fairs averages between 20 to 60 people.

I. SCOPE

1. Roving patrol of building interior, include —but not limited to the following tasks:
-Ensure that meeting rooms are locked when not in use,
-Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt WORK Center activities
-Hourly inspection of public restrooms.
-Ensure that all patrons exit the WORK Center as closing time approaches

2. Complete incident and daily operating reports. Provide WORK Center Management copies of reports on a weekly basis

3. Complete electronic reports for incidents in which he/ she is directly involved; take pictures, as needed.

4. Notify Santa Ana Police Department if police intervention is required.

5. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.

6. Direct patrons to areas within the WORK Center as needed.

7. Enforce the WORK Center’s Rules of Conduct.

8. Escort employees, as needed, to parking locations.

9. Required guard qualifications:
-Demonstrated ability to handle and resolve conflicts in an effective manner -Demonstrated judgment in emergency situations
-Experience working with people with behavioral/mental health issues and/or criminal background -Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender.

Shift Coverage: 1 Security Guard
8am to 5pm Monday through Friday
Holiday Coverage: No security guard coverage is required on these holidays.

II. RESPONSIBILITY OF CONTRACTOR
The Contractor is to provide one security guard in standard full uniform at the secured south gate entrance to the Police Department. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR).

City Council 14 – 46 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 50

AS-NEEDED SECURITY FOR CITY LOCATIONS
Contractor must provide for the possibility of providing immediate security guard coverage and related equipment at any location in the City. Security guard services include immediate security guard coverage due to a security breach at City Hall, special meetings, any of approximately 15 local park clubhouses and community centers, City parking structures, a community learning center, or other City location.

Coverage must be provided within one hour for the duration of the period outlined.

WATER RESOURCES DIVISION’S FACILITIES
I. SCOPE
The Public Works Agency Water Resources Division oversees and maintains daily operations of the City’s water system. In addition, the Division is responsible for maintenance and operations of City’s water facilities. Division is looking for Contractor that will provide on-call uniformed professional security officers who are unarmed and capable of exercising good judgment, will be highly visible at all times, deter crime and perform other duties as outlined by City. Contractor shall ensure all assigned Security Officers have the necessary training, equipment, and paperwork to perform the services, including the following:
• Transportation,
• Professional uniforms,
• Uniform badges and name plates,
• Safety vests and other safety equipment,
•Operable flashlight at night and rain gear during inclement weather, • Real-time incident reporting and transparency of operations, including compliance tracking, GPS tracking, and daily tracking to ensure security officer accountability. • Safety training,
• All other equipment necessary to complete their assignments.

Below is sample of water facilities and typical hours of operation for security services coverage. The Water Resources Division’s Designee will request proposal to confirm water facility location, term of assignment and hours of operations, prior to commencement of services.

Water Resources Division Facilities
Garthe Station
2401 N. Bristol St., Santa Ana, CA 92706 Monday through Friday (6:00 pm to 6:00 am) Every other Friday, 24 hr
Saturday and Sunday (24 hr coverage)
South Station
1727 W. Alton Ave., Santa Ana, CA 92704 Monday through Friday (6:00 pm to 6:00 am) Every other Friday, 24 hr
Saturday and Sunday (24 hr coverage)

THE SANTA ANA LIBRARY
The Main Library is located at 26 Civic Center Plaza, Santa Ana CA 92701. The Main Library provides Spanish, English and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children. It also offers bilingual computer training and access for adults, teens and children, as well as City Council 14 – 47 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 51 story times in English and Spanish and special programs for children and families. Also available are workshops, gaming and activities for teens, and workshops for limited English speaking adults. Bilingual tutoring for children and teens is provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 a.m. to 9:00 p.m., Friday and Saturday from 10:00 a.m. to 6:00 p.m. and Sunday 12:00 p.m. to 4:00 p.m.

The Newhope Branch Library is located at 122 North Newhope Street, Santa Ana CA 92703. The Newhope Library provides all types of books and audiovisual materials in English, Spanish and Vietnamese for children and teens, as well as story times in English and Spanish and special programs for children, and supports a branch of the Santa Ana Public Library Teen Club. It offers computer access for adults, children and teens. Bilingual tutoring for children and teens is available in the Library Learning Center. The Newhope Branch Library is open Monday through Thursday from 2:00 p.m. to 7:00 p.m., Saturday from 10:00 a.m. to 5:00 p.m. and is closed on Friday and Sunday.

I. SCOPE
The City’s goal is to provide deterrence against crimes of vandalism, theft and bodily injury at the two Library locations. The Contractor shall provide security guard services in and around the Library properties as requested by the City. Contract security personnel shall assist the Library in meeting its security objectives.

Duties Include, but are not limited to:
• Roving patrol of building interior, include – but not limited to the following tasks:

1. Ensure that alarms at all emergency access doors are activated.

2. Ensure that meeting rooms are locked when not in use.

3. Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt library activities (Santa Ana Municipal Code §2-602.1)

4. Verify that all exterior doors are locked after normal business hours.

5. Hourly inspection of public restrooms. Advise library management of any maintenance or repairs needs.

6. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed.

7. Ensure that all patrons exit the library as closing time approaches • Roving patrol of exterior library area, include – but not limited to the following tasks:

1. Ensure all exits are free from obstruction

2. Report unauthorized use of designated Library parking spaces

3. Ensure that needles, syringes or other potentially hazardous material is reported and safely disposed.

4. Verify that all dumpsters are locked.

5. Verify and report building exterior lighting deficiencies. • Complete incident and daily operating reports. Provide Library Management copies of reports on a weekly basis
• Check the security camera system daily to ensure that it is in good working order. Notify Library Management, if malfunctions occur.
• Complete Library electronic reports for incidents in which he/she is directly involved; City Council 14 – 48 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 52 take pictures, as needed, refer to camera files in documenting and identifying offenders. • Notify Santa Ana Police Department if police intervention is required. • Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures.
• Direct patrons to areas within the Library and the Civic Center. • Report building maintenance and safety concerns as necessary. • Enforce the Safety and Security and Personal Conduct regulations outlined in the Rules of Conduct.
• Mitigate various issues that arise in and around the Library based on Civic Center activity.
• Escort employees, as needed, to parking locations.
• Required guard qualifications:
• Able to learn or have experience in the use of the library’s security camera system • Security experience in a position involving extensive public contact. • Demonstrated ability to handle and resolve conflicts in an effective manner • Demonstrated judgment in emergency situations
• Experience working with people with behavioral/mental health issues and/or criminal background
• Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender.

Main Library
Shift Coverage: 2 Security Guards
1 Supervisor
10am to 9pm Monday - Thursday (2 Security Guards, 1 Supervisor) 10am to 6pm Friday- Saturday (2 Security Guards, 1 Supervisor) 12pm to 4pm Sunday (2 Security guards, 1 Supervisor)
Holiday Coverage: No security guard coverage is required.

Newhope Library
Shift Coverage: 1 Security Guard
315pm to 715pm Monday through Thursday
1015am to 515pm Saturday
Holiday Coverage: No security guard coverage is required.

II. RESPONSIBILITY OF CONTRACTOR
The Contractor shall provide all management, supervision, and overhead for all contractor employees and shall be solely responsible for instituting and invoking disciplinary action of employees not in compliance with Contractor's rules and regulations, as well as any other policy established by the contracting parties. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR).

CITY HALL, ROSS ANNEX CORRIDOR TO SUPERBLOCK AND O.C. COURTHOUSE LIBRARY

PARKING STRUCTURE
City Council 14 – 49 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 53 City Hall and the Ross Annex are located at 20 Civic Center Plaza and open Monday thru Thursday and every other Friday, 8am to 5pm. City Hall is located within the Civic Center Complex that includes City, County, State and Federal offices. The City Departments housed at City Hall include City Manager’s Office, Clerk of the Council, City Attorney’s Office, Community Development Agency, Personnel, Public Works Agency, Planning and Building Agency and Finance Department. City Hall provides residents and the public with various services ranging, but not limited to Cashier, Business License, Dog License, Planning counter, Public Works counter, Building Plan Check, Community Preservation, Housing Administration, Police/Fire Plan Check, Purchasing, Risk Management, Economic Development etc.

I. SCOPE
City Hall
The City’s goal is to provide security services to serve as deterrence against crimes of vandalism, theft and bodily injury at City Hall and Ross Annex and shall perform the following:
• Perform roving patrols of interior and exterior building areas. • Complete incident and daily operating reports.
• Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
• Direct patrons to areas within the Civic Center.
• Mitigate various issues that arise in and around City Hall based on Civic Center activity. • As needed, escort staff or visitors to parking locations. • Report building maintenance and safety concerns as necessary.

1. Four times a day – Inspect public access restrooms to maintain cleanliness and advise building maintenance of needed corrections.

2. Daily- Check and operate City Hall ADA wheelchair lift and document.

3. Daily- Verify and report building interior lighting deficiencies.

4. Daily Evening- Secure dumpsters at loading dock at the end of the day.

5. Daily Evening- Verify all exterior doors are locked after normal business hours.

6. Daily Evening- Verify and report building exterior lighting deficiencies.

7. Weekly- Check water pressure of all City Hall/Ross Annex drinking fountains.

8. Monthly- Check all City Hall/Ross Annex AED’s per Risk Management Guidelines.

9. Monthly- Check Fire Extinguisher and sign tags for inspection per Risk Management Guidelines.

10. As Needed- Adjust walk off mats at entries to City Hall and Ross Annex.

11. As Needed- Advise facilities management of building deficiencies; interior or exterior.

12. As Needed- And as requested by the superintendent perform other duties as needed.

Security Guard Officers present at City Council Meetings:

One security guard patrols the Council Chambers perimeter and the second security guard patrols the parking structure (Building #19) in front of City Hall to provide a safer passage to and from Council Chambers to Building #19.

Council Meetings
Council Meetings will be held every first and third Tuesdays of the month.

Officer duty hours: 1730-2100 hours or may be extended until 2300 hours. Officers will remain on duty until released by appropriate authority.

City Council 14 – 50 10/18/2022
RFP 22-026 Armed & Unarmed Security Guard Services at Various City Facilities Page 54 Two security guards will be assigned duties for the Santa Ana Council Meeting. Officers will report no later than 1730 hours. An officer will be posted right outside of the Council Chambers. The second officer will provide foot patrols in the parking lot immediately in front of the Council Chambers. Officer is to monitor the area to ensure only authorized vehicles are allowed access to park. Continue to monitor the parking lot area to deter criminal activity.

Ross Annex Corridor to Superblock & OC Courthouse Library Parking Structures The Contractor will provide security guard services Monday through Friday. The City reserves the right to adjust the guards’ assignment/hours, as needed, to better serve internal and external customers.

Below are the duties for this post:
• Perform roving patrols of parking structure interior levels, stairwells, elevators and exterior.
• Complete incident and daily operating reports.
• Respond as necessary to support other life safety duties as identified in post orders and standard operating procedures.
• Provide patrons with direction to areas within the Civic Center, as needed. • Mitigate various issues that arise between Superblock and O.C. Courthouse parking structures that serve City Hall/Ross Annex.
• As needed, escort staff or visitors to parking locations upon request if available. (More common during dark hours)
• Report building exterior safety concerns, as necessary:

1. Daily/Evening- Verify and report parking garage and Civic Center lighting deficiencies.

2. Daily/Evening- Verify and report parking garage elevator deficiencies.

3. Evening- Verify City Hall/Annex exterior doors are locked after normal business hours.

4. As Needed- Maintain that stairwell access to City Hall courtyard is not obstructed for visitor access.

5. As Needed- Advise Parks, Recreation and Community Services Agency management of civic center deficiencies between City Hall and parking structures.

City Hall, Council Meeting, Ross Annex, Superblock and O.C. Court Parking Shift Coverage:
7 Security Guards and 1 Supervisor
6am to 2pm Monday through Friday (3 Security Guards)
8am to 5pm Monday through Friday (1 Security Guard and 1 Supervisor) 2pm to 10pm Monday through Friday (3 Security Guards)
2 Security Guards assigned to work City Council Meetings 530pm to 11pm
Holiday Coverage: No security guard coverage is required on these holidays.

II. RESPONSIBILITY OF CONTRACTOR
The Contractor will provide security guard officers to service City Hall Monday through Friday. City Hall is closed every other Friday and security guard services are not needed on those days. In addition, provide two security guards for the duration of the regularly scheduled Council Meetings which occur on the first and third Tuesday of the month. Provide a post management system that includes efficient mechanisms for tour verification, daily activity reports (DARs), and incident reporting (IR).

City Council 14 – 51 10/18/2022

EXHIBIT B
City Council 14 – 52 10/18/2022
Site Hourly Rate
Total Annual
Cost/Site
Total Monthly
Cost/Site
SARTC $28.50
SARTC (2nd Guard) $28.50
SARTC (2nd Guard) $28.50
SARTC ARMED Supervisor $40.00 $521,872 $43,489
Corporate Yard $27.50
$27.50
$27.50 $160,160 $13,347
Santa Ana Library: Supervisor $27.50
$27.50
$27.50 $81,510 $6,793
Newhope Branch Library $27.50
$27.50
$27.50 $81,510 $6,793
Water: Garthe Station $28.50
$28.50
$28.50 $177,840 $14,820
Water: South Station $28.50
$28.50
$28.50 $177,840 $14,820
Santa Ana Work Center $27.50 $57,200 $4,767
Park Patrol
Roving Guard 1 $31.00
Roving Guard 2 $31.00
Roving Guard 3 $31.00
Roving Guard 4 $31.00
Roving ARMED Supervisor $43.00 $1,458,912 $121,576
Birch Park $27.50 $57,200 $4,767
Estimated
LYONS SECURITY SERVICE, INC.

PRICING SHEET
City Council 14 – 53 10/18/2022
Centennial Park $27.50 $134,420 $11,202
Santiago Park $27.50 $160,160 $13,347
Southwest Senior Center $27.50 $57,200 $4,767
Zoo at Prentice Park $27.50 $120,120 $10,010
City Hall
Guard 1 $28.50
Guard 2 $28.50
Guard 3 $28.50
Guard 4 $28.50
Guard 5 $28.50
Guard 6 $28.50
Guard 7 $28.50
ARMED Supervisor $40.00 $498,160 $41,513
City Council 14 – 54 10/18/2022
Public Works Agency
www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Real Property Acquisitions for Warner Avenue Street Improvements

AGENDA TITLE
Authorize Two Purchase Agreements in the Amount of $1,535,000 for Full Real Property Acquisition for Warner Avenue Improvements Phase 2 (Property Owners: Le and Martinez) (Project No. 18-6901) (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute a purchase agreement with Vivian Montejano Martinez for the full acquisition and goodwill (if any) of the property located at 2245 S Hickory Street (APN 016-104-28) in the amount of $725,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney.

2. Authorize the City Manager to execute a purchase agreement with Huyn T. Le and My Nguyen, husband and wife, and Hien The Le, a single man, as joint tenants, for the full acquisition and goodwill (if any) of the property located at 2247 S Cedar Street (APN 016-212-26) in the amount of $810,000, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
Warner Avenue is classified as an East-West Major Arterial in the City’s General Plan Circulation Element and the County of Orange Master Plan of Arterial Highways.

Improving the one-mile segment of Warner Avenue from Main Street to Wright Street has been a long-term priority project that is being constructed in several phases.

Improvements include widening the street from a four-lane roadway to a six-lane arterial, to address safety issues and provide adequate vehicular capacity. Also included in the project is the installation of parkways, raised median landscaping, storm drains, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 2 of the Warner Avenue Improvements Project, bounded by Oak Street and Grand Avenue. Construction is anticipated to begin in Spring 2023.

The proposed improvements for the Project originated as a mitigation measure for the Tustin Legacy Project, which involves the redevelopment of the former Tustin Marine Corps Air Station as a mixed-use commercial, residential, and industrial project. As such, the City of City Council 15 – 1 10/18/2022
Real Property Purchase Agreement – Warner Avenue Improvements, Phase 2 October 18, 2022

Page 2 ends

Tustin agreed to partially fund the improvements on Warner Avenue between Main Street and Grand Avenue.

The recommended property acquisition (Exhibit 1) is necessary to accommodate the street improvements for Phase 2. The purchase offer was determined based on the appraised value prepared by a California State licensed appraiser and accepted by the property owner (Exhibits 2 and 3).

ENVIRONMENTAL IMPACT
On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004).

FISCAL IMPACT
Funds in the amount of $1,535,000 are budgeted and available in the Warner Avenue Improvements Project (No. 18-6901) for property acquisition expenditures in FY 2022-23 as follows:

Fiscal
Year
Accounting
Unit–Account
No.

Fund Description
Accounting Unit,
Account No.

Description
Amount
2022-23 03217663-66100 Measure MStreet Construction
Measure M2 Competitive
Street, Land $1,151,250
2022-23 05917668-66100
Select Street
Construction
(City of Tustin
Contribution)
Warner Ave-Tustin
Community Facilities
District, Land
$383,750
TOTAL $1,535,000

EXHIBIT(S)

1. Location Map

2. Purchase Agreement – APN 016-104-28

3. Purchase Agreement – APN 016-212-26
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 15 – 2 10/18/2022

HALLADAY ST

HICKORY ST

CEDAR ST
OAK ST

KILSON DR

HICKORY ST
W
A
RN
ER AVE
LEGEND:
-SUBJECT PROPERTY
TITLE:

EXHIBIT 1
PWA

SANTA ANA

PUBLIC WORKS AGENCY

NONGENERAL FUND)

PURCHASE AGREEMENTS FOR WARNER AVENUE
-ACQUIRED PROPERTIES
IMPROVEMENTS (PROJECT NO. 18-6901
N
(
N
T
S
)
W
A
RN
ER AVE

SEE TOP RIGHT

MATCHLINE

SEE BOTTOM LEFT

MATCHLINE
2246 S. OAK ST
016-101-28
2245 S. OAK ST
016-102-24 016-102-23
2246 S.KILSON DR 016-103-23
705 E. WARNER AVE
016-105-19
2245 S. HALLADAY ST
016-104-29
2244 S. HALLADAY ST
016-104-21
809 E. WARNER AVE
016-105-20
905 E. WARNER AVE
016-105-21
909 E. WARNER AVE 016-214-12
2246 S. CEDAR ST
016-212-26
2247 S.CEDAR ST
016-103-22
2245 S. KILSON DR
016-090-26
016-090-25
016-090-24
016-090-21
016-090-22
016-090-22
016-133-44
016-133-33
016-133-32
016-133-31

ELEMENTARY
MONROE
ARMORY

NATIONAL GUARD
ARMORY

NATIONAL GUARD

DELHIPARK
ARMORY

NATIONAL GUARD

DELHIPARK
016-104-28
2245 S.HICKORY ST
EXHIBIT 1
City Council 15 – 3 10/18/2022
EXHIBIT 2
City Council 15 – 4 10/18/2022
City Council 15 – 5 10/18/2022
City Council 15 – 6 10/18/2022
City Council 15 – 7 10/18/2022
City Council 15 – 8 10/18/2022
City Council 15 – 9 10/18/2022
September 13
City Council 15 – 10 10/18/2022
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City Council 15 – 12 10/18/2022
City Council 15 – 13 10/18/2022
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City Council 15 – 15 10/18/2022
EXHIBIT 3
City Council 15 – 16 10/18/2022
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City Council 15 – 19 10/18/2022
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September 13
City Council 15 – 22 10/18/2022
City Council 15 – 23 10/18/2022
City Council 15 – 24 10/18/2022
City Council 15 – 25 10/18/2022
City Council 15 – 26 10/18/2022
City Council 15 – 27 10/18/2022
Public Works Agency
www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 18, 2022
TOPIC: Agreements for A-Tech Consulting, Inc., Dudek, and Leighton Consulting, Inc. for On-Call Various Environmental Services: Environmental Site Assessment and Hazardous Materials Surveys

AGENDA TITLE
Approve Agreements with A-Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. for On-Call Various Environmental Services in an Amount Not to Exceed $135,000 for Each Specialty Area for Three-Year Terms (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with A-Tech Consulting, Inc., Dudek, and Leighton Consulting Inc., to provide environmental site assessments and hazardous materials survey services in a shared aggregate amount not to exceed $135,000 annually for each specialty area, for a three-year term beginning October 18, 2022 and expiring October 17, 2025, with an option for two, one-year extensions, subject non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The Public Works Agency desires to enter into agreements with qualified consulting firms to lead efforts to perform various environmental services for site assessments and hazardous materials surveys on an as-needed or “on-call” basis. (Exhibits 1 through 6).

On June 30, 2022, the Public Works Agency released Request for Proposals (RFP) No. 22-090 for various environmental services. The RFP was advertised on the City’s online procurement management and publication system, with proposals due on August 1, 2022.

Eight proposals were received and evaluated by a selection committee composed of City staff from the Public Works Agency. Based on criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

City Council 16 – 1 10/18/2022
On-Call Various Environmental Services
October 18, 2022

Page 2 ends

Firm City Specialty Area
A-Tech Consulting, Inc. Orange Environmental Site Assessment Dudek San Juan Capistrano Environmental Site Assessment Leighton Consulting, Inc. Irvine Environmental Site Assessment A-Tech Consulting, Inc. Orange Hazardous Materials Surveys Dudek San Juan Capistrano Hazardous Materials Surveys
Leighton Consulting, Inc. Irvine Hazardous Materials Surveys Staff recommends awarding a set of contracts to both specialty areas to A-Tech Consulting, Inc., Dudek, and Leighton Consulting Inc. to provide environmental site assessment and hazardous materials surveys services needed. Each proposal demonstrated that they have the necessary capacity and expertise to complete the required scope of work. The firm rates are reasonable and within industry standard, the team qualifications are appropriate, and the proposal was determined to provide the best value for the City following interview with the highest scoring proposer from the preliminary evaluation.

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

FISCAL IMPACT
The following table summarizes the projects with funds budgeted and available for expenditure on the various environmental services to be provided by the agreements in Fiscal Years 2022-2023 and beyond.

Any unused agreement amounts may be utilized by projects not listed above by following the established on-call services process during FY 2022-23 and for the remaining agreement term. CIP Engineering may also utilize operating funds in the Contracts Services – Professional Accounting Unit (08617613-62300) under these agreement. Prior to utilizing the on-call services for any future task orders without accounts identified Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account No.

Description
Amount
2022-23 03217663-66220
(18-6901) Measure M
Measure M
Competitive,
Improvements
Other Than Building
$20,000
2022-23 03217662-66220
(23-6900) Measure M
Measure M Local
Fairshare,
Improvements
Other Than Building
$10,000
Total $30,000
City Council 16 – 2 10/18/2022
On-Call Various Environmental Services
October 18, 2022

Page 3 ends

above, City staff must receive Finance and Management Services Agency approval of project activities to be used to ensure funds are available and under the shared $135,000 aggregate total for each contract, both specialty areas. Upon successful completion of the fiscal review, a corresponding Notice to Proceed containing the specific scope and maximum expenditure for the task order will be issued.

EXHIBIT(S)

1. Agreement with A-Tech Consulting, Inc. for Various Environmental Services— Environmental Site Assessment

2. Agreement with Dudek for Various Environmental Services—Environmental Site Assessment

3. Agreement with Leighton Consulting, Inc. for Various Environmental Services— Environmental Site Assessment

4. Agreement with A-Tech Consulting, Inc. for Various Environmental Services— Hazardous Materials Surveys

5. Agreement with Dudek for Various Environmental Services—Hazardous Materials Surveys

6. Agreement with Leighton Consulting, Inc. for Various Environmental Services— Hazardous Materials Surveys
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 16 – 3 10/18/2022
1 AGREEMENT TO PROVIDE ON-CALL VARIOUS ENVIRONMENTAL SERVICES:

ENVIRONMENTAL SITE ASSESSMENT FOR THE CITY OF SANTA
THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between A-Tech Consulting, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On June 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Environmental Site Assessment for the proposed Various Environmental Services.

B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 22-090.

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

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

1. SCOPE OF SERVICES
On an as-needed basis, and at the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Environmental Site Assessment. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

City Council 16 – 4 10/18/2022
2 3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two (2) one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence.

If a general aggregate limit applies, either the general aggregate limit shall apply separately to this City Council 16 – 5 10/18/2022
3 project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.

Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

City Council 16 – 6 10/18/2022
4 Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies
If any of the required policies provide claims-made coverage:

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

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

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been City Council 16 – 7 10/18/2022
5 suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.

Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.

Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

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

City Council 16 – 8 10/18/2022
6 11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.

This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.

In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents City Council 16 – 9 10/18/2022
7 to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. 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.

To City:

Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
City Council 16 – 10 10/18/2022
8 With courtesy copies to:

Nabil Saba
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5635
To Consultant:

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[Signatures on the following page]
Roohi Toosi, Director of Engineering
A-Tech Consulting, Inc.
1640 N. Batavia Street, Suite 112
Orange, CA 92867
City Council 16 – 11 10/18/2022
9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA

Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Jose Montoya Roohi Toosi
Assistant City Attorney Director of Engineering

RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency
City Council 16 – 12 10/18/2022

EXHIBIT A

SCOPE OF SERVICES
City Council 16 – 13 10/18/2022

REQUEST FOR PROPOSALS (RFP)
FOR

VARIOUS ENVIRONMENTAL SERVICES
RFP NO.: 22-090

CITY OF SANTA ANA
Public Works Agency
20 Civic Center Plaza, M-36
Santa Ana, CA 92701
Kenny Nguyen
Project Manager
(714) 647-5632 Office
[email protected]
KEY RFP DATES (Subject to change at discretion of City):

Issue Date: June 30, 2022
Deadline for Requests for Information: July 19, 2022
Proposal Due Date: August 01, 2022 at 2pm
Projected Award Date: Fall 2022
City Council 16 – 14 10/18/2022
City of Santa Ana RFP 22-090
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

VARIOUS ENVIRONMENTAL SERVICES
RFP NO. 22-090

INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified firms to provide Various Environmental Services for the City of Santa Ana Public Works Agency on an as-needed or “on-call” basis. From the proposals received, it is the City’s goal to select up to three (3) firms. The City will enter into separate agreements with each firm for an aggregate not to exceed amount of
It is the City’s goal to select one or more firms to enter into an agreement(s) with to provide as needed property management services for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to Warner Avenue, Bristol Street, Fairview Street, and Grand Avenue Street Improvements.

Specialty Areas Maximum Contract
Aggregate Amount
I Environmental Site Assessment $135,000
II Hazardous Materials Surveys $135,000
Consultants are encouraged to prepare proposals for the multiple specialty areas listed above, however; it is not required to propose on more than one Specialty Area. Each Specialty Area shall be submitted individually in response to the RFP. From the proposals received, it is the City’s goal to select one to two firms for each of the specialty services (I and II). The City will enter into separate agreements (the “Agreement”) with each of these firms. Work will be assigned by Contract Task Orders. As tasks are identified, they will be distributed among these firms based upon their ability to perform the required work within the project schedule and budget constraints.

A detailed scope of work and corresponding fee will be outlined when a specific task is assigned to a consultant. The City reserves the right to distribute the work in any manner which will best serve the City’s interests.

MINIMUM QUALIFICATIONS
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City of Santa Ana RFP 22-090
Page A1-2
Consultants must demonstrate the minimum qualifications as established in the California Department of Transportation (Caltrans) Right of Way Manual, which can be accessed at:
http://www.dot.ca.gov/hq/row/rowman/manual/index.htm.

Consultants must demonstrate ability to have successfully negotiated and closed escrow on acquisition of parcels and minimized the eminent domain process on similar projects.

DESCRIPTION OF WORK
Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as-needed basis. The Consultants shall be thoroughly familiar with the Statement of Work prior to submitting a response to this Request for Proposal (RFP).  The Consultant shall perform work to produce a high quality, professional and complete work product.
 Consultant must have experience with State and Federally funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards.
 Work may include, but is not be limited to, the following:
o onsite review of the project area
o review of existing records
o conducting research and pre-demolition surveys
o performing analysis
o information gathering
o collect site samples
o lab testing and evaluation for the potential presence and extent of contaminants/hazardous materials
o preparing reports documenting all sampling activities o analytical results and recommendations for future action o providing cost estimates for the recommended actions
o attend community meetings as needed
 The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies.
 The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement. Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant.
 The Consultant shall be responsible for coordination and supervision of all work performed by its sub-consultants. The Consultant shall review all work performed by its sub-consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant. Sub-consultant markup is not allowed in this contract.  The Consultant shall have a Quality Control Plan in effect during the entire time work is being performed under the Agreement. The Quality Control Plan shall establish a process City Council 16 – 16 10/18/2022
City of Santa Ana RFP 22-090
Page A1-3
whereby work products are independently checked, corrected and back checked. All project related correspondences and documents shall be maintained and bound in appropriate project files. Additionally, all electronic files shall conform to the City’s file naming system.
 The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City’s needs.  The Consultant’s work will be subject to inspection and audit by City, County, State and Federal representatives
 Consultant’s Project Manager and critical staff must attend the monthly meetings with City Staff and other consultants requested by the City to review project progress, the schedule and any critical issues/items and the follow up action items necessary. All status reports must be submitted ahead of the meetings.
 Consultant must prepare a Weekly Status report and submit to the City. Format and specific items of each status report must be reviewed and approved by the City.  Consultant must maintain electronic files of all the project parcels and correspondence including all reports generated by other related consultants required to perform acquisition/relocation and property management services.  All electronic submittals of files must be through a shared folder. Consultant must upload and keep current the project parcel information and files in the shared folder established for the project.
 Consultant must prepare electronic files of the parcels according to the Caltrans Review Process for right-of-way Certification.
 Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated as requested by the City.
 All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City.  The Consultant will receive written notification of the award of the contract. Upon such notification, the Consultant will proceed with the services required by the Agreement.

PAYMENT AND INVOICING:

Selected Consultant shall invoice the City based on time and material according to the City’s standard invoice template. Tasks and hours shall be clearly identified and all rates must match those included in the approved agreement. City shall retain ten percent (10%) of the invoice amount from each payment until the completed Project has been accepted by the City.

Each invoice must include a Consultant Progress Report that contains tasks and activities completed and summary of work in the next month period. Certificate of insurance must be current in order for invoices to be processed.
(I) ENVIRONMENTAL SITE ASSESSMENT
Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include City Council 16 – 17 10/18/2022
City of Santa Ana RFP 22-090
Page A1-4
but not limited to:
 Investigate the historical uses of the projects site by examining available historical aerial photographs, topographic maps, Environmental Data Resources (EDR radius shall be at least one mile from the project limits) and other available documentation for evidence of potential environmental concerns (both surface and subsurface) associated with prior land uses.
 Interview the current and former owners and occupants of the properties and other knowledgeable persons (including adjacent residents/occupants, as well as applicable local government officials) to identify historical operations conducted on the project site and adjacent properties.
 Research and investigate area for geology and subsurface/surface potential for pollutant transport from public sources.
 Prepare Phase I ESA report detailing the findings through inspections and interviews, site characteristics, record and historical review information and potential contamination issue, interpretation of the findings and recommendations for any work required.

Phase II Environmental Site Assessment
Consultant shall conduct Phase I ESA in compliance with the current standard practices of the American Society for Testing and Materials (ASTM) Standard E1527. These tasks shall include but not limited to:
 Collect soil and water samples of the project site.
 Conduct subsurface soil borings.
 Perform geophysical testing for buried/underground storage tanks and drums.  Install groundwater monitoring well and analyze the presence of contamination. Depending on the results of the samples, additional site investigation and potential remedial actions may be required.  Prepare Phase II ESA report detailing the compilation and analysis of the data collected, interpretation of the findings and recommendations for any work required.  Coordinate with local government officials and/or contractor to conduct the necessary sample collection, submit the required forms/reports and obtain the complete hazardous closure certification.
(II) HAZARDOUS MATERIALS SURVEYS
Pre-demolition Hazardous Materials Surveys
Consultant shall perform pre-demolition survey for hazardous and contaminated building materials. These tasks shall include but not limited to:
 Perform the necessary hazardous materials survey (including but not limited Asbestos and Lead Based Paint) and collect bulk samples to identify and quantify all potential hazardous, contaminated, or other materials, including materials and abandoned or waste materials, which may be regulated or otherwise require special consideration or disposal arrangements during, or prior to, demolition of the building.
 Prepare the Asbestos-Containing Materials (ACM), Lead Based Paint (LBP), Universal Waste and any other necessary survey reports to comply with State and Federal requirements.

CITY RESPONSIBILITIES:

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City of Santa Ana RFP 22-090
Page A1-5
The City will provide information in its possession relevant to the preparation of the required information in the RFP. The City will provide only the staff assistance and the documentation specifically in referred to herein.
 Facilitate meeting spaces and coordination with City staff  Access to City facilities
CONSULTANT RESPONSIBILITIES:
 Provide all required insurance as outlined in Attachment 2 of this RFP.  Submit renewal of Certificate of Insurance 30 days before expiring.  Ensure Certificate of Insurance is current when submitting invoices.

SPECIAL REQUIREMENTS (ATTACHMENT 4)
This project may utilize California Department of Transportation (Caltrans) funds and shall therefore comply with all state and federal requirements. The below referenced forms included in Attachment 4 (Additional Provisions) of the Appendix must be completed in their entirety and submitted with your proposal:
 LAPM Exhibit 10-H: Sample Cost Proposal
 LAPM Exhibit 10-O1: Consultant Proposal DBE Commitment  LAPM Exhibit 10-O2: Consultant Contract DBE Commitment (include within Fee Proposal hard copy package)
 LAPM Exhibit 10-K: Consultant Certification of Contract Costs and Financial management System (include within Fee Proposal hard copy package) for Speciality Area A only.

Please reference Caltrans Local Assistance Procedure Manual, Consultant Selection, Chapter 10, for further instructions and guidelines pertaining to the completion of these forms:https://dot.ca.gov/-/media/dot-media/programs/local-assistance/documents/lapm/ch10.pdf COMPLIANCE WITH REQUIREMENTS OF FUNDING AGENCY:

This agreement may be funded with state and/or federal grant funds administered by Caltrans.

Proposer shall comply with all requirements as they pertain to the use of these funds. Refer to Attachment 4 for Caltrans required forms, including Exhibit 10-H – Sample Cost Proposal (H2 for On-Call Contracts) in the Appendix of this RFP.

DISADVANTAGED BUSINESS ENTERPRISES (DBE) GOAL:

The Agency has established a DBE goal for this Contract. Proposers are encouraged to obtain DBE participation for this contract. Refer to Exhibit 10-I – Notice to Proposers DBE Information included in the Appendix of this RFP. Proposers must submit Exhibits 10-O1 & 10-O2 – Consultant Proposal & Contract DBE Commitment to demonstrate compliance with Agency’s DBE goal.

City Council 16 – 19 10/18/2022
City of Santa Ana RFP 22-090
Page A1-6
CONSULTANT AUDIT AND REVIEW PROCESS:
(Speciality Area A - Acquisition/Relocation only)
Prior to contract award and dependent on contract award amount, the selected Consultant(s) shall be subject to an audit or review by Caltrans’ Audit and Investigations (A&I), other state audit organizations, or the federal government. The selected Consultant(s) shall complete Exhibit 10-K – Consultant Annual Certification of Indirect Costs and Financial Management System for all prime and sub-consultants in the Appendix of this RFP.

To independently download any of the Caltrans Exhibits required per this RFP, visit:
https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms City Council 16 – 20 10/18/2022
City of Santa Ana
Integrity | Accountability | Leadership
Innovation | Responsiveness
RFP NO: 22-090 Various Environmental Services
August 1, 2022
City Council 16 – 21 10/18/2022
Proposal for
Various Environmental Services

Page 15 ends

Santa Ana City CouncilOctober 18, 2022

Santa Ana City Council
October 18, 2022