Agenda packet — Santa Ana City Council, November 15, 2022 (part 2 of 4)

UNITS
BUDGET

AUTHORITY

CONTRACT
TERM

FIRST DAY OF
TERM

LAST DAY OF
TERM

FUNDING

INCREMENT NUMBER
CA093VOPR20 9/1/2021 9/30/2021 1 80,388 N/A
CA093AF0143 10/1/2021 10/31/2021 1 259,023 N/A
CA093VO0235 10/1/2021 10/31/2021 1 3,228,320 2699
CA093AF0147 11/1/2021 11/30/2021 1 217,884 N/A
CA093VO0236 11/1/2021 11/30/2021 1 3,228,323 2699
CA093AF0148 12/1/2021 12/31/2021 1 217,884 N/A
CA093VO0227 1/1/2021 12/31/2021 12 1 100
CA093VO0228 1/1/2021 12/31/2021 12 1 100
CA093VO0229 1/1/2021 12/31/2021 12 1 5
CA093VO0230 1/1/2021 12/31/2021 12 1 75
CA093VO0233 1/1/2021 12/31/2021 12 1 22
CA093VO0237 12/1/2021 12/31/2021 1 3,228,323 2699
CA093VO0247 12/1/2021 12/31/2021 1 47,248 N/A
CA093VO0238 1/1/2022 1/31/2022 1 3,349,016 2699
CA093AF0149 1/1/2022 2/28/2022 2 601,494 N/A
CA093VO0239 2/1/2022 2/28/2022 1 2,561,064 2699
CA093VO0240 2/1/2022 2/28/2022 1 787,952 N/A
CA093AF0150 3/1/2022 3/31/2022 1 300,747 N/A
CA093AFR321 3/1/2022 3/31/2022 1 69,531 N/A
CA093VO0222 4/1/2021 3/31/2022 12 344,259 25
CA093VO0245 3/1/2022 3/31/2022 1 3,349,016 2699
CA093AF0151 4/1/2022 4/30/2022 1 293,659 N/A
CA093VO0246 4/1/2022 4/30/2022 1 2,981,408 2699
CA093VO0248 4/1/2022 4/30/2022 1 435,684 N/A
CA093VOPR21 4/1/2022 4/30/2022 1 110,162 N/A
CA093AF0152 5/1/2022 5/31/2022 1 293,659 N/A
CA093AFR421 5/1/2022 5/31/2022 1 213,399 N/A
CA093VO0251 5/1/2022 5/31/2022 1 3,451,783 2699
CA093AF0153 6/1/2022 9/30/2022 4 1,220,404 N/A
CA093AFR122 9/1/2022 9/30/2022 1 78,583 N/A
CA093VO0252 6/1/2022 9/30/2022 4 13,347,397 2699
CA093AF0154 10/1/2022 10/31/2022 1 305,101 N/A
CA093AF0155 10/1/2022 10/31/2022 1 28,500 N/A
CA093VO0253 10/1/2022 10/31/2022 1 3,374,832 2699
CA093VO0241 1/1/2022 12/31/2022 12 1 100
CA093VO0242 1/1/2022 12/31/2022 12 1 100
CA093VO0243 1/1/2022 12/31/2022 12 1 5
CA093VO0244 1/1/2022 12/31/2022 12 1 75
CA093VO0249 4/1/2022 12/31/2022 9 1 25
CA093VO0250 1/1/2022 12/31/2022 12 1 21
EXHIBIT 2
City Council 14 – 11 11/15/2022

Page 3 ends

UNITS
BUDGET

AUTHORITY

CONTRACT
TERM

FIRST DAY OF
TERM

LAST DAY OF
TERM

FUNDING

INCREMENT NUMBER
CA093VO0254 10/1/2022 9/30/2023 12 623,708 38
CA093VO0255 10/1/2022 9/30/2023 12 376,512 25
EXHIBIT 2
City Council 14 – 12 11/15/2022
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000

OFFICE OF PUBLIC AND INDIAN HOUSING
Dear Executive Director:

July 29 , 2022
I am pleased to notify you that your public housing agency (PHA) is eligible for new Mainstream vouchers and funding as authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) (Public Law 116-136). The CARES Act provided that the Department of Housing and Urban Development (HUD) allocate additional vouchers to PHAs non-competitively to help them prevent, prepare for, and respond to coronavirus in their communities. Your PHA submitted an application requesting Mainstream vouchers using the criteria identified in PIH Notice 2022-07: “Mainstream Vouchers – Non-Competitive Opportunity for Additional Vouchers Authorized by the CARES Act and Extraordinary Administrative Funding.

HOUSING AUTHORITY OF THE CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
P.O. BOX 22030
SANTA ANA, CA 92701
CA093
The enclosed table (see last page) shows the number of units and the budget authority awarded. The default effective date of your award will be September 1, 2022, unless you contact your Financial Analyst at the Financial Management Center (FMC) by August 12, 2022, to request an alternative effective date.

Your effective date may be the first of any month beginning July 2022 through November 2022.

Please remember, as with the regular voucher program, the awarded budget authority and number of units both serve as a cap. Your agency may only lease until you have reached the lower of your budget authority or number of units allocated. If you have money left but you have leased all the awarded units, this extra funding will go into your agency’s Mainstream Housing Assistance Payment (HAP) reserves. If you are on track to spend all of the awarded funding but still have units left, you must manage your funds in a responsible manner that will not result in a shortfall.

The FMC will provide your agency with an amended Annual Contributions Contract that reflects the obligation of funds and monthly disbursements amount to be scheduled. Initially, the first three months of disbursements will be automatically scheduled. Each disbursement will equal 1/12th of your award amount.

Thereafter, monthly disbursements will be scheduled based on monthly Mainstream expenses reported in the Voucher Management System (VMS). If you have not leased any vouchers by month three, you will not receive additional disbursements until VMS data shows you are incurring HAP expenses. If at any time such disbursements are not sufficient to cover your monthly expenses, your agency should contact your Financial Analyst at the FMC.

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000

OFFICE OF PUBLIC AND INDIAN HOUSING
July 29 , 2022
https://www.hud.gov/sites/dfiles/PIH/documents/PIH2022-07.pdf www.hud.gov espanol.hud.gov
EXHIBIT 3
City Council 14 – 13 11/15/2022
To ensure that Mainstream families are recorded properly, you must record MS5 on line 2n of the form HUD-50058 (Family Report). Remember to accurately record families who are homeless at admission on line 4c of the HUD-50058. Mainstream vouchers and corresponding HAP expenses must also be accurately reported in VMS. The Mainstream Voucher Program is reported separately in FASS-PH under the CFDA code 14.879.

Danielle Bastarache
Deputy Assistant Secretary for
Public Housing and Voucher Programs
Sincerely
Please contact [email protected] if you have any questions. https://www.hud.gov/program_offices/public_indian_housing/programs/hcv/mainstream.

Your agency must follow all HCV program requirements when administering the Mainstream Voucher Program, including the regulations at 24 CFR part 982, and the requirements in PIH Notice 2022-07 and PIH Notice 2020-01:Revised Policies and Procedures for the Mainstream Voucher Program. Your PHA is required to follow relevant statutes, regulations, and HUD guidance.

Additional information regarding the Mainstream Voucher Program can be found at:
https://www.hud.gov/sites/dfiles/PIH/documents/PIH-2020-01.pdf EXHIBIT 3
City Council 14 – 14 11/15/2022
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-5000

OFFICE OF PUBLIC AND INDIAN HOUSING
Number of Vouchers Voucher Funding Extraordinary Administrative Fee Funding
0 $0 $115,500
EXHIBIT 3
City Council 14 – 15 11/15/2022
Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Purchase of Real Property for Santa Ana Water Resources Elevated Tank AGENDA TITLE:

Purchase and Sale Agreement of Real Property at 1415 French Street for Santa Ana Water Resources Elevated Tank Site (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a purchase and sale agreement with Santa Ana Unified School District for the purchase of real property located at 1415 French Street (APN 398-151-01), in the amount of $781,000, plus normal closing costs and escrow fees, for a total amount not to exceed $860,000, subject to non-substantive changes approved by the City Manager and the City Attorney.

DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily operations of the City’s water distribution system. The water system is composed of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs with a storage capacity of 49 million gallons, four pressure-regulating vaults (PRVs), and seven connection points with Metropolitan Water District of Southern California (MWD).

Originally constructed in 1928, the City’s elevated water storage tank (Elevated Tank) is a familiar Orange County historic landmark. The Elevated Tank is capable of holding up to 1 million gallons of potable water and helps maintain a consistent pressure range throughout the Low Pressure Zone found south of Interstate 5. As such, it is a critical component of the City’s water system infrastructure.

In 1917, the City entered into a 99-year lease with the Santa Ana Unified School District (SAUSD) for a portion of the property which now contains Davis Elementary School, and since 1928 has housed the Elevated Tank and related equipment. The lease expired in 2016, and the City and SAUSD have had ongoing discussions since that time on how to proceed. In a closed session meeting on October 19, 2021, the City Council directed staff to proceed with the negotiation for purchase of an approximately 14,412 square-foot portion of the property needed for the City’s water system equipment.

City Council 15 – 1 11/15/2022
Purchase Agreement for Elevated Tank
November 15, 2022

Page 2 ends

On July 12, 2022, the Santa Ana Unified School District Board of Education approved the City’s offer to purchase the property for $781,000. Closing costs and escrow fees are anticipated to cost approximately $79,000, bringing the total estimated purchase expenditure to a not-to-exceed total of $860,000. Staff recommends approving the purchase and sale agreement to ensure that these crucial water system assets are housed on City-owned property.

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

FISCAL IMPACT
Funds for this action have been transferred from previously appropriated funds for the Fisher Park Neighborhood Water Main Improvements (Project No. 19-6429) to the Santa Ana Water Resources Elevated Tank Site Acquisition Project (No. 23-6478) and are available for expenditure in the current Fiscal Year 2022-23 as shown below:

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2022-23 06617647-66100
(23-6478)
Acquisition &
Construction
Water Utility Capital
Projects, Land $860,000

EXHIBIT(S)

1. Purchase and Sale Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 15 – 2 11/15/2022
City Council 15 – 3 11/15/2022
City Council 15 – 4 11/15/2022
City Council 15 – 5 11/15/2022
City Council 15 – 6 11/15/2022
City Council 15 – 7 11/15/2022
City Council 15 – 8 11/15/2022
City Council 15 – 9 11/15/2022
City Council 15 – 10 11/15/2022
City Council 15 – 11 11/15/2022
City Council 15 – 12 11/15/2022
City Council 15 – 13 11/15/2022
City Council 15 – 14 11/15/2022
City Council 15 – 15 11/15/2022
City Council 15 – 16 11/15/2022
City Council 15 – 17 11/15/2022
City Council 15 – 18 11/15/2022
City Council 15 – 19 11/15/2022
City Council 15 – 20 11/15/2022
City Council 15 – 21 11/15/2022
Public Works Agency
www.santa-ana.org/departments/public-works/
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Agreements for On-Call Right-of-Way Board-Up Services AGENDA TITLE:

Approve Agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. for On-Call Right of Way Property Board-Up Services in an Aggregate Amount Not to Exceed $300,000 for a Three-Year Term (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc., for board-up services after City takes possession of vacant buildings to secure for Capital Improvement Projects (CIP) in a shared aggregate amount not to exceed $300,000, for a three-year term beginning November 15, 2022 and expiring November 14, 2025, with an option for two, one-year extensions, subject non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Public Works Agency desires to enter into agreements with qualified consulting firms to lead efforts to perform on-call right-of-way (ROW) board-up services for vacant buildings on an as needed or “on-call” basis (Exhibits 1 thru 3).

On August 15, 2022, the Public Works Agency released Request for Proposal (RFP) No. 22-091, by which it sought the services of a qualified firm for the on-call right-of-way board-up services. The RFP was advertised on the City’s online procurement management and publication system, with proposals due on September 8, 2022. Five proposals were received and evaluated by a selection committee composed of staff from the Public Works Agency and the Building Maintenance Division. Based on criteria outlined in the RFP, the following summarizes the responding firms and their ranking:

City Council 16 – 1 11/15/2022
Agreements for On-Call Right-of-Way Board-Up Services
November 15, 2022

Page 2 ends

Firm City Rank
SLS Property Solutions Santa Ana 1
Hunter Consulting, Inc. Corona 2
Real Estate Consulting & Services, Inc. Lake Elsinore 3 Staff recommends awarding a set of contracts to Hunter Consulting, Inc. dba HCI Environmental & Engineering, Real Estate Consulting & Services, Inc., and SLS Property Solutions, Inc. to provide as-needed services for right-of-way acquisition projects that require board-up after the City takes possession of vacant buildings and secures the properties or capital improvement projects (CIP). Their proposals 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 evaluation.

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

FISCAL IMPACT
The following table summarizes the projects with funds budgeted and available for asneeded expenditures on the On-Call Right of Way Property Board Up Services to be provided by the agreements in Fiscal Years 2022-2023 and beyond:

Fiscal
Year
Accounting Unit -
Account No.
(Project No.)
Fund
Description
Accounting Unit -
Account
No. Description
Amount
2022-23 03217663-66220
(18-6901)
Measure M
Street
Construction
Measure M2
Competitive,
Improvements
Other Than
Buildings
$50,000
2022-23 03217662-66220
(23-6900)
Measure M
Street
Construction
Measure M,
Improvements
Other Than
Building
$25,000
2022-25 Various RRNTP Various $225,000
Total $300,000
City Council 16 – 2 11/15/2022
Agreements for On-Call Right-of-Way Board-Up Services
November 15, 2022

Page 3 ends

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 above, City staff must receive the Finance and Management Services Agency approval of project activities to be used to ensure funds are available and under the shared $300,000 aggregate total for each contract. 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 SLS Property Solutions, Inc. for On-Call Property Board Up Services

2. Agreement with Hunter Consulting, Inc. for On-Call Property Board Up Services

3. Agreement with Real Estate Consulting & Services, Inc. for On-Call Property Board Up Services
Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Kristine Ridge, City Manager
City Council 16 – 3 11/15/2022

Page 1 of 10 ends

#19793v4
AGREEMENT WITH SLS PROPERTY SOLUTIONS, INC., TO PROVIDE ON-CALL

RIGHT OF WAY PROPERTY BOARD-UP SERVICES FOR THE

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 15th day of November, 2022 by and between, SLS Property Solutions, 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 August 15, 2022, the City issued Request for Proposal (RFP) No. 22-091, by which City sough a contractor having special skill and knowledge in the field of: board-up services after City takes possession of vacant buildings to secure the properties for Capital Improvement Projects (CIP) for the proposed On-Call Right of Way Property Board-Up Services.

B. Contractor submitted a responsive proposal that was among those selected by the City.

Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-091.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and at the City’s sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 22-091, which is attached as Exhibit A and incorporated in full, and as further described in Contractor’s Proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C.

Contractor is one of three (3) contractors selected to provide services on an on-call basis under RFP 22-091. The total compensation for services provided by all contractors selected under RFP No. 22-091 shall not exceed the shared aggregate amount of Three Hundred Thousand Dollars and Zero Cents ($300,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper City Council 16 – 4 11/15/2022

Page 2 of 10 ends

#19793v4
invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to 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
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (“Documents & Data”). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

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

6. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for 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.

City Council 16 – 5 11/15/2022

Page 3 of 10 ends

#19793v4
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
b. Other Insurance Provisions

1. Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or selfinsurance maintained by the City, its officers, officials, employees, City Council 16 – 6 11/15/2022

Page 4 of 10 ends

#19793v4
or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

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

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

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

7. Claims Made Policies: If any of the required policies provide claims-made coverage:
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

8. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory City Council 16 – 7 11/15/2022

Page 5 of 10 ends

#19793v4
endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

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

9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

10. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, 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 City Council 16 – 8 11/15/2022

Page 6 of 10 ends

#19793v4
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.

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.

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#19793v4
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.

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

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

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#19793v4
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 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:

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
City Council 16 – 11 11/15/2022

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#19793v4
To Contractor:

Sarah L. Strader
President
SLS Property Solutions, Inc.
919 E. Santa Ana Blvd.

Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. 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
[signatures continued on next page]
City Council 16 – 12 11/15/2022
City Council 16 – 13 11/15/2022

EXHIBIT A
City Council 16 – 14 11/15/2022
City of Santa Ana RFP 22-091
Page A1-1
Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

ON-CALL PROPERTY BOARD-UP SERVICES
RFP NO. 22-091

INTRODUCTION/PROJECT BACKGROUND
The City of Santa Ana is issuing this Request for Proposals (RFP) to seek qualified Right of Way Specialty firms to provide On-Call Property Board-Up services on an as-needed or “on-call” basis.

It is the City’s goal to select two or more firms to enter into an agreement(s) with to provide as needed right of way acquisition to widen the street and board-up after City takes possession of vacant buildings to secure the properties for capital improvement projects (CIP). The capital improvement projects needing the right-of-way services include, but are not limited, to street improvements.

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).  Board-ups shall be in accordance with the USFA National Prevention Initiative BoardUp Procedures.  Board-ups to secure buildings may be ordered by the City’s authorized property management consultants or City personnel. The order shall be done in verbal and may require immediate board-up or may require field meetings to discuss scope of work and fees.
 Board-ups shall be completed within 24 hours of request.  Perform other duties as assigned to secure buildings completely and creatively.

Sample Fee Proposal
Contractor shall submit a fee proposal as described below in a sealed fee envelope. The proposal will be used for fee comparison and evaluation purposes. Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request.
 Sample locations for fee proposals are:

City Council 16 – 15 11/15/2022
City of Santa Ana RFP 22-091
Page A1-2
o 2246 Orange Ave (n/w corner of Warner/Orange)
o 2245 S. Main Street (Arco Gas Station)
o Provide brief description of methods and materials used to secure the building  Fee to re-board on emergency request and/or 24 hour basis.

Board Up Procedures:

The USFA National Arson Prevention Initiative Board Up Procedures is incorporated herein by reference and are hereby accepted as Reference Specifications. These Reference Specifications are intended to govern certain construction materials, methods, and details with some additional modification herein.

Materials List and Specifications

SECURITY MEASURES

1. All openings in the basement, crawl spaces, garages, first floor doors and windows, and any point of entry accessible from a porch, fire escape or other potential climbing point shall be barricaded with plywood, 2x4 braces, carriage bolt sets, specialized head/drive screws, and nails, unless stated otherwise.

NOTE: General contractor screws, particle board, wafer board, masonite, or other similar material shall NOT be used for purposes of boarding-up a building.

2. Garage Doors and Openings at least 10' from ground level which are not accessible from a porch, fire escape, roof, or other climbing point can be secured with nails every 12" around the perimeter. For all openings, the plywood should be fitted so that it rests snugly against the exterior frame, butting up to the siding on wood frame buildings and up to the brick molding edge on brick buildings. It may be necessary to remove the staff bead so this fit can be flush and tight.

3. The structure shall be posted with a NO TRESPASSING sign at the completion of the board-up.

4. Commercial property with full windows or glass fascades shall be blacked out and adhesive shall be used to attach the plywood to the glass from the interior to prevent shattering. Plywood shall be secured to the window/glass framing.

5. ONLY Interior Boarding shall require black-out of windows and be secured with plywood and 2x4 braces fasten to the wall with deck nails and specialized star-drive head screws.

MATERIALS

1. Plywood, 1/2" (4 ply) exterior grade CDX

2. Braces - 2" by 4" by 8' (or longer) construction grade lumber City Council 16 – 16 11/15/2022
City of Santa Ana RFP 22-091
Page A1-3

3. 3/8" (coarse thread) by 12" (or longer) carriage bolts (rounded head on weather side)

4. 3/8" (coarse thread) construction grade nuts

5. 1/2" (USS Standard) Flat washers with an inside diameter large enough to bypass the wrench neck inside the carriage bolt head so no lift edge is available beneath an installed carriage bolt head.

6. 3/8" (USS Standard) diameter flat washers for installation beneath the nut inside the building

7. Combination of 2”-3” deck nails and 2”-3” Star-drive screws; T-20, T-25, etc.

BARRIER ASSEMBLY

1. Plywood shall be cut to fit over the window and door openings, flush with outside of the molding/trimmer stud. Application of barriers shall be completed so that all lift or pry points are avoided. Plywood board shall be solid sheets without seams or joints.

2. The 2x4 braces shall be cut to fit the horizontal dimension of the plywood. Two exterior and two interior 2x4 braces shall be provided for each window and three sets for each door.

3. Window Assembly – Braces are located horizontally approximately 1/3 of the distance from the top and the bottom of the window. Bolt holes are located 1/3 of the length of the brace from the outside edge of the window jams. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.

4. Door Assembly – Door braces will be placed horizontally; one in the center of the doorway and one 1/2 the distance from the center to the top and one 1/2 distance from the center to the bottom of the doorway. Bolt holes are located 1/3 of the length of the brace from the outside edge of the door frame. Prior to installation, the assembly should be pre-assembled and 3/8” holes drilled through all of the components.

5. Plywood used to cover exterior openings shall be nailed every 12" along the perimeter of the frame of the window, door, or opening.

6. The 2x4 braces on the interior and exterior of the assemblies shall be secured using 3/8” by 12” carriage bolt assemblies. Bolts shall be inserted through the predrilled holes from the exterior with a 1/2” washer place against the exterior brace, a 3/8” washer is placed against the interior brace. The bolt is tightened from the inside so that it slightly compresses the interior brace. The 2x4 Bottom Brace shall be cut to width of door trim and drilled to the floor to prevent opening.

7. Garage Door – the opening shall be covered with plywood and secured with a minimum of 3- inch-long deck or wood screws installed on 6-inch centers around the circumference of the opening. An interior or exterior 2x4 Bottom Brace is required to prevent it from opening and drilled to the floor with masonry screws (or as appropriate).

NOTE: These specifications are subject to change upon case by case scenario. Any changes or recommendations shall be discussed during the walk-through of the property prior to a proposal, quote and or notice to proceed.

City Council 16 – 17 11/15/2022
City of Santa Ana RFP 22-091
Page A1-4

WINDOW BOARDING SPECIFICATION
NOTES:

1. FOR DOUBLE HUNG WINDOWS, SLIDE SASH TO CENTER OF UNIT AND PASS BOLTS THROUGH OPENINGS AT TOP AND BOTTOM.

2. STORM WINDOWS SHOULD BE REMOVED AND STORED INSIDE STRUCTURE.

3. OUTSIDE TRIM MAY HAVE TO BE REMOVED TO ACCOMMODATE A FLUSH AND TIGHT FIT.

4. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.

5. BRACE LOCATIONS: A = 1/3 B (SEE DIMENSION LOCATIONS ON DRAWING) NOTE: WINDOWS 3 FEET IN HEIGHT OR SHORTER ONLY REQUIRE ONE BRACE.

6. LOCATION OF BOLT HOLES: C = 1/3D (SEE DIMENSION LOCATIONS ON DRAWING)

7. THE PLYWOOD BOARD SHOULD BE SECURED WITH SCREWS EVERY 12" ALONG

THE PERIMETER OF THE FRAME OF THE WINDOW, DOOR, OR OPENING, AND WITH DECK NAILS AT EVERY 6” MARK WHERE SCREW IS NOT PLACED.

City Council 16 – 18 11/15/2022
City of Santa Ana RFP 22-091
Page A1-5

DOOR BOARDING SPECIFICATIONS
NOTES:

1. IRON DOORS OR FRAMES MAY BE REMOVED AND STORED INSIDE BUILDING IF NECESSARY.

2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING.

LONGER BOLTS MAY BE NECESSARY.

3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS 2X4 BRACE.

4. IF PLYWOOD CAN NOT BE BUTTED AGAINST BAND MOLDING, CUT TO COVER OUTSIDE EDGE OF DOOR FRAME.

5. BOLT HOLES ARE LOCATED AS THEY ARE FOR WINDOWS (SEE WINDOW DETAIL)

6. CENTER BRACE LOCATED IN CENTER OF DOORWAY OPENING. TOP AND BOTTOM BRACES ARE POSITIONED WHERE A = 1/2B (SEE DIMENSION LOCATIONS ON

DRAWING)
City Council 16 – 19 11/15/2022
City of Santa Ana RFP 22-091
Page A1-6

7. USE 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM. DRILL TO THE FLOOR TO PREVENT OPENING. INTERIOR AND EXTERIOR BOTTOM BRACES WITH MASONRY SCREWS ARE MANDATORY WHEN BOARDING GARAGE DOORS.

BRACE AND CARRIAGE BOLT SPECIFICATION
NOTES:

1. USE 2" BY 4" BY 8' (OR LONGER) CONSTRUCTION GRADE LUMBER FOR BRACES.

2. USE 3/8" X 12" CARRIAGE BOLTS - ROUNDED HEAD ON OUTSIDE OF BUILDING

3. TIGHTEN NUTS FROM INSIDE ENOUGH TO SLIGHTLY COMPRESS WASHER INTO 2X4 BRACE.

4. USE 1/2" WASHER ON WEATHER SIDE TO ACCOMMODATE THE WRENCH NECK OF BOLT AND ELIMINATE PRY POINTS.

City Council 16 – 20 11/15/2022
City of Santa Ana RFP 22-091
Page A1-7

WINDOW ASSEMBLY

MATERIALS REQUIRED PER WINDOW
1 - 1/2" CDX PLYWOOD SHEET-CUT TO DIMENSIONS OF WINDOW FRAME (WEATHER SIDE 4 - 2X4 BRACES - CUT TO WIDTH OF PLYWOOD
4 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF WINDOWS TO BE SECURED (NW): __________________ NUMBER OF WINDOWS BRACES REQUIRED: (NW X 4) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BW): (NW X 4) __________________

DOOR ASSEMBLY

MATERIALS REQUIRED PER DOOR
1 - 1/2" CDX PLYWOOD SHEET - CUT TO DIMENSIONS OF DOOR FRAME (WEATHER SIDE) 1 - 1/2" CDX PLYWOOD SHEET - CUT TO OUTSIDE DIMENSIONS OF DOOR FRAME TRIM (INSIDE)
6 - 2X4 BRACES - 3 CUT TO WIDTH OF OUTSIDE PLYWOOD
- 3 CUT TO WIDTH OF INSIDE PLYWOOD
1 - 2X4 BOTTOM BRACE - CUT TO WIDTH OF DOOR TRIM DRILLED TO FLOOR (INSIDE) 6 - CARRIAGE BOLT ASSEMBLIES
NUMBER OF DOORS TO BE SECURED (ND): __________________
NUMBER OF DOOR BRACES REQUIRED: (ND X 6) __________________ NUMBER OF BOTTOM BRACES REQUIRED: (ND) __________________ CARRIAGE BOLT ASSEMBLIES REQUIRED (BD): (ND X 6) __________________

CARRIAGE BOLT ASSEMBLY

MATERIALS REQUIRED PER CARRIAGE BOLT ASSEMBLY
1 - 3/8" X 12' (OR LONGER IF NECESSARY) CARRIAGE BOLT - COURSE THREAD 1 - 1/2" USS STANDARD FLAT WASHER (WEATHER SIDE)
1 - 3/8" USS STANDARD FLAT WASHER (INSIDE)
1 - 3/8" CONSTRUCTION GRADE NUT - COURSE THREAD
TOTAL CARRIAGE BOLT ASSEMBLIES REQUIRED FOR WINDOWS AND DOORS:
(BW + BD) __________________

City Council 16 – 21 11/15/2022
City of Santa Ana RFP 22-091
Page A1-8
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.

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.

CITY RESPONSIBILITIES:

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
City Council 16 – 22 11/15/2022

EXHIBIT B
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City Attorney Office
www.santa-ana.org/ca/
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Construction Auditing Services for the Carnegie Navigation Center AGENDA TITLE:

Approve an Amendment to the Agreement with Ankura Consulting Group, LLC to Provide Construction Auditing Services for the Construction of the Carnegie Homeless Navigation Center (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Ankura Consulting Group, LLC (“Ankura”) to provide services for the review and analysis of billings for construction of the Carnegie Homeless Navigation Center by Dyer 18 LLC ("Dyer"), increasing the total not-to-exceed amount by an additional $50,000, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On August 5, 2022, the City’s Attorney’s Office (“CAO”) entered into Agreement #N2022-215 for Ankura to conduct an audit review of billings and billing practices regarding construction of the homeless shelter by Dyer 18 LLC. Prior to entering into this Agreement, CAO negotiated discounted rates with Ankura to conduct this audit.

Since August 5, Ankura and CAO have worked steadily on this matter. A review of costs to maintain services for this audit necessitated this request to the City Council. Ankura has consistently made itself available to CAO regarding this matter and the amendment to increase compensation will ensure completion of the requested work product.

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

FISCAL IMPACT
Funds are available in the City Attorney’s Contract Services-Professional account (no. 01108032-62300):

Fiscal Year Amount
2022-23 $50,000
Total $50,000
City Council 17 – 1 11/15/2022
Construction Auditing Services for the Carnegie Navigation Center November 15, 2022

Page 2 ends

EXHIBIT(S)

1. First Amendment to Agreement with Ankura Consulting Group, LLC Submitted By: Sonia Carvalho, City Attorney
Approved By: Kristine Ridge, City Manager
City Council 17 – 2 11/15/2022

Page 1 of 1 ends

FIRST AMENDMENT TO AGREEMENT WITH

ANKURA CONSULTING GROUP, LLC TO PROVIDE

FORENSIC CONSTRUCTION AUDIT SERVICES
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on November 15, 2022, by and between Ankura Consulting Group, LLC, a Delaware limited liability company (“Ankura”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The parties entered into Agreement No. N-2022-215 (“Agreement”) dated August 5, 2022, to engage Ankura due its special skill and knowledge in the field of forensic construction auditing.

B. The Agreement is current and in-effect and runs through either the completion of services or termination by the Parties, as detailed in the Agreement.

C. The parties now wish to amend the Agreement to increase the overall compensation to the Agreement. No further changes are contemplated by this Amendment.

The Parties therefore agree:

1. Section 2, Fees and Expenses, is hereby amended to increase the not-to-exceed amount of this Agreement by $50,000.

2. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect.

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

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________

KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM ANKURA CONSULTING GROUP, LLC
SONIA R. CARVALHO
City Attorney
By: ___________________________ _______________________________ John M. Funk Peter Badala
Chief Assistant City Attorney Sr. Managing Director
City Council 17 – 3 11/15/2022
Community Development Agency
santa-ana.org/cd
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Subcontractor Agreement with Working Wardrobes
AGENDA TITLE:

Approve a Subcontractor Agreement with Working Wardrobes for Workforce Services in an Amount not to exceed $250,000 Under the Californians for All Youth Workforce Program (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Working Wardrobes for workforce services in an amount not to exceed $250,000, for a period from November 15, 2022 to May 1, 2024, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The Californians for All Youth Workforce Program (CA4All) is a Governor’s initiative administered by California Volunteers in partnership with cities across California. The purpose of the initiative is to increase youth employment, develop youth interest and experience towards a career in public service, and strengthen city capacity to address key areas of climate, food insecurity, and local COVID-19 recovery.

The grant will target youth between 16-30 years of age, with priority given to youth who meet two or more of the following:
• Have not participated in an AmeriCorps program;
• May have difficulty finding employment;
• Are low income, unemployed, and/or out of school;
• Were justice involved;
• Currently in or transitioning from foster care; or
• Engaged with the mental health or substance abuse system.

Working Wardrobes will collaborate with the City’s CA4All youth program to conduct workforce readiness workshops with the option of adding professional wardrobe services to prepare the participants to enter the workforce. CA4All participants may attend all or a customized selection of workshops based on their particular need. Working Wardrobes has 32 years of experience in delivering comprehensive career development, training, and professional wardrobe fittings to over 115,000 men, women, young adults, and veterans.

City Council 18 – 1 11/15/2022
Subcontractor Agreement with Working Wardrobes
November 15, 2022

Page 2 ends

This agreement will help the City fulfill the goal of serving 290 youth by May 2024 under the Californians for All Youth Workforce grant.

FISCAL IMPACT
Funds are budgeted and available for anticipated expenditures as follows:

Fiscal Year Accounting
Unit- Account
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 22-23
(November –
June)
18318763 -
69135 CA for All Grant
CA for All Grant,
Payment to
Subagent
$125,000
FY 23-24
(July – May)
18318763 -
69135 CA for All Grant
CA for All Grant,
Payment to
Subagent
$125,000
Total Expenditures $250,000

EXHIBIT(S)

1. Agreement – Working Wardrobes
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 18 – 2 11/15/2022
1 CALIFORNIA VOLUNTEERS

SUBCONTRACTOR AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND

WORKING WARDROBES

THIS CALIFORNIA VOLUNTEERS, CALIFORNIANSFORALL YOUTH
WORKFORCE DEVELOPMENT PROGRAM, GRANT AGREEMENT (“CA4All Agreement”), is hereby made and entered into this 15
th day of November, 2022, by and between
the City of Santa Ana, a charter city and municipal corporation of the State of California (“Contractor”), and Working Wardrobes, a California nonprofit organization (“Subcontractor”).

RECITALS:

A. Contractor submitted a proposal for the Civic Engagement Youth Workforce Development Project funded by California Volunteers, specifically the CaliforniansForAll Youth Workforce Development Program (“CA4All”).

B. Contractor’s main objective of CA4All is to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Additionally, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need.

C. Contractor is the recipient of CA4All funds from the State of California. On June 7, 2022, Contractor entered into State of California Agreement Number JP1012, Contractor Agreement No. A-2022-089, commencing on June 7, 2022, through May 1, 2024, in a total amount not to exceed $4,497,514.00 (“State CA4All Agreement”). A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference.

D. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds, including State Fiscal Recovery Funds.

E. Contractor now approves the provision of CA4All grant funds to Subcontractor in an amount not to exceed $250,000.00, to be used in compliance with the CA4All objectives defined herein.

F. Subcontractor represents that it has the requisite qualifications, expertise, and experience to use said CA4All grant funds to operate pursuant to CA4All objectives.

EXHIBIT 1
City Council 18 – 3 11/15/2022
2 G. This CA4All Agreement is contingent upon the award of CA4All grant funds from the State of California.

H. Contractor and Subcontractor have duly executed this CA4All Agreement for the expenditure and utilization of said CA4All funds.

NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this CA4All Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire CA4All Agreement between the Contractor and Subcontractor:

1. SCOPE OF SERVICES
Subcontractor shall perform during the term of this CA4All Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the CA4All objectives, as detailed in the Program Proposal attached hereto as Exhibit B and incorporated herein by reference (“Program”).

2. TERM
This CA4All Agreement shall take effect on the date first written above and shall terminate on May 1, 2024, unless otherwise terminated, cancelled or modified according to the terms of this CA4All Agreement.

3. DISBURSEMENT AND FUNDS
A. Contractor was allocated $4,497,514.00 in CA4All grant funds from the State of California to be expended by May 1, 2024. Contractor agrees to pay to Subcontractor when, if and to the extent State CA4All grant funds are received a sum not to exceed $250,000.00 for Subcontractor’s performance of the Program through the term of this CA4All Agreement. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein.

B. In accordance with the Reporting and Invoicing requirements found in Exhibit A, Subcontractor shall submit quarterly invoices in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor.

C. Payment is subject to the receipt and approval of such invoices and quarterly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this CA4All Agreement and that the Subcontractor is in compliance with the terms and conditions of this CA4All Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty-day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation EXHIBIT 1
City Council 18 – 4 11/15/2022
3 will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor.

D. Subcontractor agrees to use said funds pursuant to this CA4All Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said CA4All Program only. Subcontractor’s failure to perform as required may, in addition to other remedies set forth in this CA4All Agreement, result in readjustment of the amount of funds the Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this CA4All Agreement.

4. STATE CA4ALL AGREEMENT
Contractor entered into State Agreement Number JP1012 with the State of California receiving and recognizing $4,497,514.00 in CA4All grant funds to be used by Contractor to address youth workforce development. A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds.

5. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire term of this CA4All Agreement, be construed to be an independent contractor and not an employee of the Contractor. This CA4All Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the professional manner in which Subcontractor performs the services which are the subject matter of this CA4All Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This CA4All Agreement creates a non-exclusive and perpetual license for Contractor 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 Subcontractor under this CA4All Agreement (“Documents & Data”). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this CA4All Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to EXHIBIT 1
City Council 18 – 5 11/15/2022
4 Subcontractor by the Contractor. Contractor 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 CA4All Agreement shall be at Contractor’s sole risk.

7. INSURANCE
Subcontractor shall procure and maintain for the duration of the CA4All Agreement 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 Subcontractor, its agents, representatives, employees or subcontractors. a. Minimum Scope and Limit 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 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 aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Subcontractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Not required if Subcontractor provides written verification it has no vehicles.)

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

4. Sexual Abuse or Molestation (SAM) Liability: if the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $100,00 per occurrence or claim and with a limit not less than $1,000,000 per occurrence or claim for organization. (Not required if Contractor staff is present during all activity.)

5. Broader Coverage: if Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or the higher limits maintained by Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Contractor.

6. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the Contractor. The Contractor may require Subcontractor to provide EXHIBIT 1
City Council 18 – 6 11/15/2022
5 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 Contractor
b. Other Insurance Provisions: the general liability policy is to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status: The Contractor, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Subcontractor including materials, parts, or equipment furnished in connection with such work or operations.

2. Primary Coverage: For any claims related to this CA4All Agreement, the Subcontractor’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Contractor, its officers, officials, employees, and volunteers.

3. Waiver of Subrogation: The Insurance Company agrees to waive all rights of subrogation against the Contractor, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Subcontractor for the Contractor. This provision also applies to the Subcontractor’s Workers’ Compensation policy.

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

5. 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 Contractor.

6. Verification of Coverage: Subcontractor shall furnish the Contractor 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 Contractor before work begins. Contractor reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

7. Special Events Coverage for Instructors: Special events coverage is available for an additional fee to provide the liability insurance required by this CA4All Agreement. Subcontractor can obtain additional information and cost from the Contractor.

EXHIBIT 1
City Council 18 – 7 11/15/2022
6 8. Special or Low Risk Activities: Contractor reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor reserves the right to modify or waive insurance requirements for certain low risk recreational activities.

8. INDEMNIFICATION
Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, 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 Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this CA4All 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 CA4All 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 CA4All Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this CA4All 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 CA4All Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Subcontractor’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 Subcontractor.

9. RECORDS
Subcontractor shall keep records and invoices in connection with the work to be performed under this CA4All Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this CA4All Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this CA4All Agreement. All such records and invoices shall be clearly identifiable.

Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this CA4All Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this CA4All Agreement for a period of three (3) years from the date of final payment to Subcontractor under this CA4All Agreement.

EXHIBIT 1
City Council 18 – 8 11/15/2022
7 10. CONFIDENTIALITY
If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this CA4All 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 CA4All 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 Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor.

11. CONFLICT OF INTEREST CLAUSE
Subcontractor 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 CA4All Agreement.

12. NON-DISCRIMINATION
Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Subcontractor 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 CA4All Agreement and the State CA4All Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this CA4All Agreement and the State CA4All Agreement, the terms of the State CA4All Agreement shall prevail. This CA4All Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. 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 Subcontractor or the Contractor. Each party to this CA4All 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.

EXHIBIT 1
City Council 18 – 9 11/15/2022
8 14. ASSIGNMENT
Inasmuch as this CA4All Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this CA4All Agreement shall be construed to limit the Contractor’s ability to have any of the services which are the subject to this CA4All Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor.

15. TERMINATION
This CA4All Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor 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 Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor’s use thereof for such purposes as the Contractor deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this CA4All 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 CA4All 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 CA4All 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 CA4All 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 CA4All Agreement.

18. PROFESSIONAL LICENSES
Subcontractor shall, throughout the term of this CA4All Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of EXHIBIT 1
City Council 18 – 10 11/15/2022
EXHIBIT 1
City Council 18 – 11 11/15/2022
EXHIBIT 1
City Council 18 – 12 11/15/2022
EXHIBIT 1
City Council 18 – 13 11/15/2022
11 EXHIBIT A
STATE CA4ALL AGREEMENT
STATE CONTRACT NUMBER JP1012
EXHIBIT 1
City Council 18 – 14 11/15/2022
DocuSign Envelope ID: D9400988-4C42- 408F-A8FO- 5AC4CB5A4BCF D: U6SU-JP1 U1 2 0, co U)( N'20vaIns.- 6t U) A-2022- 089

STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER ( if Applicable) C STD 213 (Rev. 04/ 2020) JP1012
N 1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

N CONTRACTING AGENCY NAME
OPR/ California Volunteers

CONTRACTOR NAME
City of Santa Ana

2. The term of this Agreement is:

START DATE
June 7, 2022

THROUGH END DATE
May 1, 2024

3. The maximum amount of this Agreement is:
4,497,514.00 or Four -Million, Four -Hundred Ninety -Seven Thousand, Five -Hundred Fourteen Dollars and 00/ 100

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title Pages
Scope of Work 5
Budget Detail and Payment Provisions 2
V
General Terms and Conditions Online
California Volunteers' Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
6 Items shown with an asterisk (), are hereby Incorporated by reverence and made part or this agreement as it attached hereto.

These documents can be viewed athttas•//wwwActs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
20 Civic Center Plaza Santa Ana CA 92701

PRINTED NAME OF PERSON SIGNING TITLE
Kristine Ridge City Manager

SIGNATURE DATE SIGNED
EMINWAAaYTHORIZED lA2 K/.. 6/ 9/ 2022

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
OPR/ California Volunteers

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
1400 10th Street Sacramento CA 95814

PRINTED NAME OF PERSON SIGNING TITLE
Anthony Chavez Director of Operations

9.q9 NCPdyGENCY AUTHORIZED SIGNATURE DATESIGNED
QkoIAl / 6,,, , 6/ 13/ 2022
ALI " ENT OF GENERAL SERVICES APPROVAL EXEMPTION (if Applicable) ATTUr
I.

R. fCLERK OF THE COUNc; i
Daisy. Gomez
Clerk of the Council, MMC Pace 1 of 1
EXHIBIT 1
City Council 18 – 15 11/15/2022
DocuSlgn Envelope ID: D9400988-4C42-408F-ABFD- 5AC4CB5A4BCF aty of Banta JP101: An Exhibit A Scope of Work
City of Santa Ana Civic Engagement Youth Workforce Development Project Funded by CaliforniaVolunteers
Section 1: Program Goal

1. What does your city hope to gain from this program/are there strategic goals this program can help your city meet?
The City of Santa Ana through its Workforce Development Board ( SAWDB) intends to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Strategically, the City will strengthen existing partnerships and establish new ones with agencies and organizations committed to increasing youth employment, providing career guidance and fostering that same commitment in the youth they serve. Youth, will be provided with meaningful work experience coupled with intensive career exploration. Lastly, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need. The lead for this project is the SAWDB, the designated administrator and operator of workforce development programming for the City of Santa Ana and recipient of federal Workforce Innovation and Opportunity Act WIOA) and other workforce development funding.

Section 2: Program Design

1. Which focus area(s) will youth be working on (food insecurity, climate change, etc.)? If other focus areas are addressed, please describe.

Youth will be working directly on projects and assignments addressing food insecurity, the impacts of climate change, and post -pandemic recovery.

2. Do you plan to sub -grant with CBOs? If so, please name each organization and any prior experience they have running similar programs or the process by which you will select CBO partners.

The City of Santa Ana will provide services to youth using both in- house program staff and partnerships with Community Based Organizations (CBOs). In house program staff will include personnel from both the Santa Ana WORK Center and the Santa Ana Public Library.

The WORK Center has decades of implementing youth programs specifically through a " Daisy Wheel' service delivery model. The underlying philosophy of the Daisy Wheel is an "All Youth One System" concept, where resources are leveraged from a network of Youth Service Providers. The concept allowed youth regardless of eligibility to receive services from the various partners of a Youth Service Providers Network YSPN).

EXHIBIT 1
City Council 18 – 16 11/15/2022
DocuSign Envelope ID: D9400988- 4C42- 408F-A8FD-5AC4CB5A46CF The YSPN consists of Service Providers that collectively offer various youth services in a creative and interactive manner. The concept, allows the Service Provider to focus on what service they specialize in and do best. The YSPN will promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. The WORK Center as the Navigator will provide partners with structure and guidance toward meeting the grant objectives, convene and facilitate partner meetings, establish partner subcontracts, monitor compliance and performance, collect and report participant data, and disburse grant funds.

The SAWDB plans to engage the Santa Ana Public Library, which operates various successful youth engagement programs including BrainFuse and Universal Class.

Both programs provide online training courses along with robust support to help users master academic concepts. The library also let's library card holders " borrow" the internet with their library card by providing youth WI- FI Hotspots, for those members of our community who do not have internet access at home. The City will work toward the expansion of these programs to engage more youth, up to age 18.

The Orange County Conservation Corps ( OCCC) is a current sub -recipient of Workforce Innovation and Opportunity ( WIOA) Youth funding from the City of Santa Ana. OCCC has a long standing record of successfully operating youth workforce development programs for the City and has particularly been engaged with older (18+) youth experiencing multiple barriers, such as foster youth, the justice -involved, and very low-income.

Working Wardrobes is also a subrecipient of funding from the City. Based on current performance outcomes, the City plans to engage Working Wardrobes in program delivery services for this grant as well. Working Wardrobes has been working with the City to help implement programs for justice- involved people for the past two years.

They have unique expertise in engaging people prior to release from incarceration to help ease their transition to life outside.

Additionally, program design is underway with two large food banks — Community Action Partnership of OC and Second Harvest - both serve the region to have youth fellows work in distribution, warehousing and growing fresh food.

As it is the goal of the City to provide a broad, inclusive program for eligible youth, additional CBOs may be engaged if gaps in services are identified.

3. What activities will youth be working on? Please offer a brief, several sentence description of each job activity youth will be undertaking and any partners that will be involved in running that opportunity.

The Santa Ana WORK Center, will provide paid summer work experiences as recreational leaders, community center attendants, and other support staff to restore EXHIBIT 1
City Council 18 – 17 11/15/2022
DocuSign Envelope ID: D9400988- 4C42-408F-ABFD- 5AC4CB5A4BCF and reinvigorate Community Services programming at parks, community centers, libraries, and family resource centers. This effort is related to post -pandemic recovery.

Santa Ana Public Library will provide online support for the provision of online career exploration including the expansion of the 4 youth WI- FI hotspot program. The second project will engage youth in researching and documenting pandemic recovery efforts throughout the city, including City -led efforts to rejuvenate the local economy and stabilize its residents living conditions, providing a street -level view of successes and challenges. Using mixed media and particularly video production, participants will create a public service message sharing the results of their research.

Youth participating with the OCCC will engage in multiple projects related to both food insecurity and climate resilience. While addressing food insecurity youth will load and unload trucks, package boxes of food, deliver to community pantries, and assist community partners with labor support at drive -up distribution events ( traffic control, set-up logistics, and data collection). While addressing climate resilience youth will clear fire fuels from public spaces, remove debris from waterways, remove nonnative/invasive trees/plants, install native plants and perform other erosion control measures. Much of the climate resilience work will be at the direction of the Orange County Conservation Corps and performed at public parks, trails and wetlands.

Working Wardrobes will coordinate with the County of Orange, OC Sheriff's Department provide a workforce readiness program that includes pre- release services. This program will offer support and workforce readiness services for participants pre- release as well as post -release.

4. What is the proposed start date for programming?
The proposed start date for programming is March 1, 2022. The Santa Ana City Council must approve new and/ or expanded contracts prior to program implementation therefore the start date may be adjusted as necessary.

Section 3: Youth Recruitment/Development

1. How will the city recruit youth?
The City and its CBO partners have established networks that will be relied upon to disseminate program information. For example, the Youth Services Provider Network through the WORK Center holds meetings on a monthly basis, which brings together community serving organizations who have a youth focus.

The City will also use various media resources including issuance of periodic news releases through its Public Information Officer; posting of electronic program announcements/flyers to social media including Facebook, Twitter, and Instagram and program information on the City's website.

EXHIBIT 1
City Council 18 – 18 11/15/2022
DocuSlgn Envelope ID: D9400988- 4C42- 408F-A8FD-8AC4C85A48CF Other outreach strategies will include social media, public service announcements, posting physical program announcements/flyers at all Santa Ana library branches, recreation centers, community and family resource centers, high school and college career counseling centers, and other high -traffic public spaces, distributing eprogram announcements to utilities customers and housing voucher recipients; and delivering presentations to probation officers, social services agencies, guidance counselors, and other local youth -serving entities.

2. If you would like to propose your own priority criteria for participants in this program for California Volunteers approval, please do so in this section.

N/A

3. What wrap around services, if any, is the city or subgrantee planning on offering to youth?
The City, through its subgrantees, will provide career counseling, career exploration, case management, supportive services (transportation, gas cards, clothing, and assistance in locating child care), linkages with alternative secondary education and adult continuing education, and other appropriate referrals.

4. What wage will youth be paid, if known? What length of time do you anticipate the youth serving?
Youth will be paid $ 15 dollars for work performed. If a particular assignment exceeds entry level skill sets and proficiency that will be considered and may result in a higher hourly wage. There will be a year-round and a summer track. Year-round assignments will last from 6- 12 months while summer assignments will be from 8- 10 weeks long.

Section 4: Metrics/Outcomes

1. Can the city provide the required metrics listed above to CaliforniaVolunteers? Yes, the baseline metrics are similar to those already captured and recorded for other workforce development programs. However, the additional metrics related to participant outcomes and satisfaction 12 months after program completion will be very challenging as youth participants are very hard to locate and/or unwilling to respond to inquiries/ surveys.

2. If not, please indicate which metrics the city is unable to provide.

The following three metrics will prove challenging and we request that they be waived:

EXHIBIT 1
City Council 18 – 19 11/15/2022
DocuSign Envelope ID: D94009884C42-408F-ASFD- 5AC4CB5A4BCF Percentage of youth who report job satisfaction after one year of employment, as reported by a survey.

Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey.

Percentage of youth employed in public service after one year of employment.

Are there other metrics you will be collecting to determine success of program? If so, please indicate which metrics.

No.

Section 5: Budget/Staffing/ Communications

1. What is your proposed staffing plan for the program for the city and/or any subgrantees?
The subcontracted teams consist of program managers and specialists (outreach, intake, and eligibility technicians, case managers, and job developers), crew/field supervisors, and project managers. These teams will manage the day-to- day aspects of the program, including as their titles suggest, recruiting participants, ensuring their eligibility, orienting them to the program, assigning them to a work crew, supervising their work/activity, providing them with appropriate wraparound services or referrals and documenting services delivered.

Project SAY is staffed by City of Santa Ana employees who will supervise and direct youth placements at their respective worksites.

City of Santa Ana WDB/ WORK Center staff will provide administrative support including fiscal and programmatic oversight, compliance review, and tracking and reporting participant progress/outcomes.

Does your city commit to using CaliforniaVolunteers developed branding for this program and participating in CaliforniaVolunteers- organized train ings/curriculum, if asked?
Yes.

3. Are you interested in participating in a program launch media event with CaliforniaVolunteers?
Yes.

EXHIBIT 1
City Council 18 – 20 11/15/2022
Docu5lgn Envelope ID: D9400988-4C42408F-A8FD- 5AC4CB5A4BCF City of Santa Ana
JP1012
Budget Detail Exhibit B
lAdih(ij5tfalfori jMist ,NotEzoeed,l0% of Totc(1'Awdrd) Items Description Calculation Total Budges Allocation Cross Check Administrative Costs IStaffing, rent, computer lease 449,751. 40 Total I 449, 751. 40 10. 0%
II', CplifgniansFo`rAlI9„„6irth W4rkt8ree,Fe116J s Wage ; Requested Hourly Salary of Hours Total Budget
150 15.00 160 360,000.00
140 15. 00 560 1, 176,000,00
Total I 1 1 $ 1, 536,000.00
111.00 Fellow, OThej-YelloW.Costs.

Items Description Calculation Total Budget
FICA for Fellows 254, 736.00 254,736.00
Worker's Compensation 467, 712.00 467, 712.00
Total 722,448.00
IV, Ffbg(,dni Wr6p,-Around Services,%NO,t-to Exceed 40% of Total AwgrdJ ' Items Description Calculation Total Budget Allocation Cross Check Case Management, Supportive
Services including uniforms,
Sub -Contract tools etc 1, 789,314. 60
Total 1, 789,374.60 39. 8%
Total Budget Request $ 4,497,514.00
Total It of Fellows ... 290
list of`P,.'6if3ers
Partner Status ( Proposed or Secured) Contractual Amount City of Santa Ana Secured 449, 752. 60
Orange County CC Secured 447, 328.00
Working Wardrobes Secured 447, 328.00
CAPOC Proposed 222,453.00
Second Harvest Proposed 222, 453.00
Total 1, 789, 314. 60
EXHIBIT 1
City Council 18 – 21 11/15/2022
DocuSign Envelope ID: D9400988-4C42-408F-A8FD- 5AC4CB5A4BCF City of Santa Ana
Agreement #JP1012

EXHIBIT B
Budget Payment Provisions
California Volunteers,
CaliforniansForAll Youth Workforce Development Program
and City of Santa Ana

BUDGET PAYMENT PROVISIONS
Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/ or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

Page 1 of 1 ends

EXHIBIT 1
City Council 18 – 22 11/15/2022
DocuSlgn Envelope ID: D9400988-4C42- 408F-A8FD-5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit 1)( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
California nsForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.

Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers. These metrics are subject to change, depending on the California Department of Finance' s review and approval:

Required by Department of Treasury:
o Number of workers enrolled in sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating in summer youth employment programs
Output: Total number of youth employed; number of hours of employment
Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to Calif orniaVolunteers in a format and method to be specified by California Volunteers.

Number of youth participating in program
Number of youth employed in each focus area
Number of youth enrolled in job training/ readiness programs Number of youth completing job training/ readiness programs Number of youth participating in summer program (if applicable) Average wage and hours worked of participants across program Information/ data/ member stories as requested for annual report Does this project serve an economically disadvantaged community? Number of youth employed in program who were previously unemployed EXHIBIT 1
City Council 18 – 23 11/15/2022
DocuSign Envelope ID: D9400988-4C42408F-A8FD- 5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Number of youth who complete full program ( 1 year or summer program) Percentage of youth employed in program who remain in college or stable employment
Percentage of youth employed after completion of program Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
Percentage of youth employed in public service after one year of employment
Job training evaluations
Reporting Deadlines:

Report Reporting Period Partner Reports Due_
1 ( if applicable) Award Date - December 31, 2021 January 10, 2022 2 January 1 - March 31, 2022 April 8, 2022
3 April 1 - June 30, 2022 July 8, 2022
4 July 1 - September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

EXHIBIT 1
City Council 18 – 24 11/15/2022
DocuSign Envelope ID: D9400988-4C42- 408F-A8FD- 5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost -reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment, Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds ( SFRF), federal stimulus funding.

Invoicing Deadlines:

Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15' h of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.

Financial Reporting Metrics:

Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:

Expenditure Amounts
o Cumulative Expenditures ( prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures ( Current Cycle)
o Total Cumulative Expenditures
Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
Notes (if applicable)
These metrics are subject to change, depending on the California Department of Finance' s review and approval.

EXHIBIT 1
City Council 18 – 25 11/15/2022
DocuSlgn Envelope ID: D9400988-4C42- 408F-A8FD-5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Financial Reporting Deadlines:

Report Reporting Period; Partner Reports Due
1 Award Date - December 31, 2021 January 10, 2022
2 January 1 - March 31, 2022 April 8, 2022
3 April 1 - June 30, 2022 July 8, 2022
4 July 1 - September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

EXHIBIT 1
City Council 18 – 26 11/15/2022
DocuSign Envelope ID: D9400988-4042-408F-A8FD-5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Californians ForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds. Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated in their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages.

Resources:

Coronavirus State and Local Fiscal Recovery Funds:
https:// home.treasu[y.gov/ policy-issues/ coronavirus/ assistance-for-statelocal-and-tribal-governments/ state-and-local-fiscal-recovery-funds State Fiscal Recovery Fund: https:// www.dof.co.gov/ budget/ COVID19/ State Fiscal Recovery Fund/ State Fiscal Recovery Fund Reporting Portal:
httr)s:// www.dof.ca.gov/ budget/ COVID19/ State Fiscal Recovery Fund Reporting Portal/ Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.

EXHIBIT 1
City Council 18 – 27 11/15/2022
DocuSign Envelope ID: D9400988-4C42-408F-A8FD-5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.

EXHIBIT 1
City Council 18 – 28 11/15/2022
A- 2022- 089
Contractor Certification Clauses
CCC 04/2017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause( s) listed below. This certification is made under the laws of the State of California.

City of Santa Ana
Name and Title of Person Signing
Kristine Ridge
txecutea
June 9, 2022

CONTRACTOR CERTIFICATION CLAUSES
Orange
4M:I111I1ilY
as
Rya O.QHodge, Assistant City Attorney

1. STATEMENT OF COMPLIANCE: Contractor has, unless xempted, complied with the nondiscrimination program requirements. (Gov. Code § 12990 ( a-f) and CCR, Title 2, Section 11102) ( Not applicable to public entities.)

2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person' s or organization' s policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug -free workplace policy statement; and, EXHIBIT 1
City Council 18 – 29 11/15/2022
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one ( 1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two-year period because of Contractor's failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. ( Pub. Contract Code § 10296) ( Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $ 50,000 OR MORE- PRO BONO REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm' s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286. 1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca. gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor's records, documents, agents or employees, or premises if reasonably EXHIBIT 1
City Council 18 – 30 11/15/2022
required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor' s compliance with the requirements under paragraph ( a).

7. DOMESTIC PARTNERS: For contracts of $ 100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295. 3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295. 35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code § 10410)
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees ( Pub. Contract Code § 10411)
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12- month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. ( Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. ( Pub. Contract Code § 10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and EXHIBIT 1
City Council 18 – 31 11/15/2022
Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U. S. C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. " Doing business" is defined in R& TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: ( 1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

EXHIBIT 1
City Council 18 – 32 11/15/2022
12 EXHIBIT B

PROGRAM PROPOSAL
EXHIBIT 1
City Council 18 – 33 11/15/2022
Proposal – August 2022 Page 1
City of Santa Ana and Working Wardrobes
CA4All Youth Program Proposal
For the past 32 years, Working Wardrobes has proudly delivered comprehensive career development and job training services to over 115,000 men, women, young adults, and veterans. We understand the multiple barriers to employment that young adults face and we create an environment of dignity and respect that allows clients to become their best, most confident selves. We are prepared to work with clients and tailor our approach to best suit their needs to move them to the next level for their individual success.

The goal of this proposal is for City of Santa Ana CA4All Youth Program and Working Wardrobes to partner to offer our workforce readiness workshops with the option of adding professional wardrobe services. We look forward to assisting and supporting the at-promise youth within your organization as they prepare to enter the workforce.

1. Workforce Readiness Workshops
The workshops listed below are a sample of topics that can be presented at the City of Santa Ana Work Center or Working Wardrobes. Each workshop is 1 hour and includes all materials and a certified facilitator.

The Power of Your Image
• This workshop aims to enhance a client’s credibility by motivating them to be more conscious of projecting a positive and professional image through both visual and verbal communication. We focus on the power of first impressions including a winning handshake and appropriate eye contact. We also discuss different clothing styles and how to find what works best for each individual, how to make the most of the clothing each participant has and provide grooming tips for men and women.

Job Search Strategies
• Learn techniques to help you in your job search process including where to search for jobs and the “hidden job” market. Discover how to market your skills and abilities to employers. Create a job search strategy to help you stay focused on proactive in your job search.

The Art of the Resume
• Discover the building blocks to creating a resume. Obtain tips and techniques that help you to update and display your skills in a way that attracts employers.

EXHIBIT 1
City Council 18 – 34 11/15/2022
Proposal – August 2022 Page 2
Tips and Tricks for Virtual and In-Person Interviewing
• Understand the virtual world of interviewing including tips on how to prepare and stand out to the employer, answer tough questions, and feel confident using the technology.

Social Media Etiquette
• This workshop provides an opportunity for students to learn about and engage in professional social media usage. Students will learn the importance of projecting a professional image across all social media outlets including tips on setting up a LinkedIn profile.

Workplace Excellence Soft Skills Workshops
• Today’s companies demand essential workplace skills when hiring, retaining, and advancing quality employees. The Workplace Excellence Series is a powerful tool to help job seekers and incumbent workers master soft skills for workplace success during the job search and on the job.

Clients enroll in soft skills training, which identify essential skills required for on-the-job success.

As a result, clients are hired faster, perform better, and retain employment longer, positioning them for professional success and self-sufficiency.

Topics include:
▪ Adaptability-navigating success in the workplace
▪ Dependabilty-maximizing your time in the workplace
▪ Reasonability-managing your mindset in the workplace
▪ Respectability – thriving in a multi-generational workplace ▪ Suitability-fitting into the culture of the workplace ▪ Transitionability-making a smooth job transition
▪ Workability-realities & expectations in today’s workplace ▪ Writeability-written communication in the workplace
Fee per workshop: $500.00

2. Career Success Center Services
o Job Search Lab “drop-in” services
▪ Services include:
▪ Use of our computers for job search purposes
▪ Resume assistance and preparation *appointment preferred* ▪ One-on-one practice interviewing
▪ Job placement assistance
▪ Use of our job board and resources wall
Job search lab services are available Monday-Thursday 10am-3pm on an ongoing basis to any of your clients. Appointments are required and can be made in person or virtual. There is no fee for service.

EXHIBIT 1
City Council 18 – 35 11/15/2022
Proposal – August 2022 Page 3

3. Professional Wardrobe Services
Personal shoppers assist each client in selecting appropriate career attire including professional clothing, shoes, and accessories. We offer excellent quality clothing and accessories for both men and women. Job seekers select a new “success suit” with the assistance of a trained ‘Personal Shopper’ in an inviting, department store-like setting. This comprehensive “shopping” experience is designed with an emphasis on the dignity and respect of each person we serve. It is our goal that our clients’ look and feel successful, so they have the confidence necessary to succeed in their interviews and in their careers.

This package provides a week’s worth of items to mix and match professional and business casual options.

Career Success Package DESCRIPTION Women
(size 0-
12)
Women
(size 14+)
Men (up to
size 44 jacket)
Men (size
46+ jacket)
Women’s
Career Success Package -
3 Outfits
1 suit, 3 blouses, 2 bottoms (dress,
pant, or skirt), 1 pair of shoes, 1
purse and
3 accessories (belt or jewelry)
$325 $375
Men’s Career Success
Package - 3 Outfits
1 suit, 2 pants, 3 dress shirts,
3 ties, 1 belt and 1 pair of shoes
$325 $375

4. Payment Terms
▪ Provide payment for invoices within 30 days of receipt from Working Wardrobes. ▪ If payment is not received within 60 days of the billing, Working Wardrobes will cease to accept referrals from the partner agency until the past due invoice(s) is paid in full.

We look forward to working with you and making a positive impact on the lives of your clients.

Sincerely,
Mary Ann Profeta
Chief Program Officer
Working Wardrobes
EXHIBIT 1
City Council 18 – 36 11/15/2022
Community Development Agency
www.santa-ana.org/cd
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: DTSA 2022 Holiday Décor
AGENDA TITLE:

Approve Amendment to the Agreement with BrightLife Designs, LLC for DTSA 2022 Holiday Décor 2022 in an Amount Not to Exceed $370,000 (Revive Santa Ana Program)

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with BrightLife Designs, LLC to increase the contract amount by $370,000, for a total not-to-exceed amount of $420,000 to provide holiday decorations in Downtown Santa Ana, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
To enhance the City’s holiday experience and offer a placemaking attraction for the community, Staff is recommending approval of an amendment to the agreement (N-2022- 271) with BrightLife Designs, LLC to provide holiday decorations in the downtown area.

Holiday decorations serve as a beautification element throughout the holiday season and encourage residents to visit the downtown.

In an effort to respond to the community’s request to install holiday decorations throughout Downtown, on September 8, 2020, the Community Development Agency (CDA) issued a Request for Proposals (RFP) #2019-119 for qualified and experienced contractors for the installation, removal, and storage of holiday decorations. The BrightLife Designs, LLC proposal was selected because it demonstrated the ability to meet the unique needs of downtown and provide for flexibility, was readily available with an office in Orange County, and had a solid reputation in working with other government agencies. Most importantly, BrightLife Designs, LLC prioritized safety with the installation of the holiday decorations in order to preserve the security of residents, visitors, and property.

CDA would like to allocate $120,000 to continue to promote and market Downtown to visitors throughout the holiday season. Additionally, the Public Works Agency (PWA) is requesting an additional $250,000 to use citywide on an “as-needed” basis to install additional holiday lighting and decorations. The installation of holiday decorations creates a very attractive and festive environment to encourage visitors to eat and shop in the downtown area.

City Council 19 – 1 11/15/2022
DTSA 2022 Holiday Décor
November 15, 2022

Page 2 ends

FISCAL IMPACT
Funds are budgeted and available in the Downtown Holiday Light account (no. 18118013- 62300 Contract Services) and will be appropriated in future fiscal year budgets as follows:

Fiscal
Year
Accounting UnitAccountFund
Description
Annual
Amount Contingency Annual Total
FY 22-23 18118013-62300
Activity# 22132301302
Downtown
Holiday Light $55,535 $4,465 $60,000
FY 23-24 18118013-62300
Activity# 22132301302
Downtown
Holiday Light $55,535 $4,465 $60,000
Total $120,000
For the Public Works Agency, there is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of $250,000. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a contractor.

EXHIBIT(S)

1. Amended Agreement

2. Original Agreement
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 19 – 2 11/15/2022

Page 1 of 2 ends

FIRST AMENDMENT TO DECORATIVE LIGHTING AGREEMENT FOR
PROVISION OF HOLIDAY DÉCOR IN DOWNTOWN SANTA ANA
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on November 7, 2022, by and between Brightlife Designs, LLC, a California limited liability company (“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 September 1, 2022, the City and Contractor entered into Agreement No. N-2022-271 (“Agreement”) for Contractor to install and store decorative lighting in Downtown Santa Ana.

The Agreement runs through September 30, 2025 and is current and in-effect.

B. The City, as part of its yearly celebration of the Winter Holiday season, submitted a Request for Proposal No. 20-119 (“RFP”) for qualified and experienced contractors for the installation, removal, and storage of holiday decorations for up to four (4) years. In 2020, Contractor’s proposal to this RFP was selected by the City, however, due to budgetary issues, the City only engaged with Contractor on a yearly basis in 2020 and 2021. Consistent with City Purchasing Rules and Regulations, the City’s Purchasing Manager approved the use of the RFP to further engage the Contractor for installation and storage of holiday decorations in Downtown Santa Ana.

C. In accordance with the terms and conditions of the Agreement, the Parties desire to amend the Agreement to expand the scope of services, increase the compensation for said additional services to provide Winter Holiday decorations for 2022 and 2023, and clarify the term of the Agreement.

The Parties therefore agree:

1. Section 1, Scope of Work, is amended to include the following services:
• Downtown Holiday Lighting: Scope of Work is amended to include services detailed in the attached proposal dated September 22, 2022, and is attached hereto as Exhibit A-1 to this First Amendment. Contractor agrees to provide a similar proposal for 2023 Holiday decorations no later than October 1, 2023. City will provide, in writing, its approval of the 2023 proposal. Any services not related to the Winter Holiday decorations may be subject to further amendment, which will require approval by the City Council for the City of Santa Ana.
• City Hall Holiday Décor: Scope of Work is amended per the attached proposal dated November 3, 2022, and attached hereto as Exhibit B-1 to this First Amendment. • Tree Lighting: Scope of Work is amended per the attached proposal dated October 28, 2022, and attached hereto as Exhibit C-1 to this First Amendment. • On-Call Services: Contractor agrees to provide proposals, as directed by the City, for EXHIBIT 1
City Council 19 – 3 11/15/2022

Page 2 of 2 ends

additional services as provided in RFP 20-119. City will provide, in writing, its approval of said proposal. Any services not related to those defined by the RFP may be subject to further amendment, which will require approval by the City Council for the City of Santa Ana.

2. Section 2, Compensation, is amended to increase the compensation for services provided by $370,000. This amount includes an annual not-to-exceed amount of $60,000 for services related to Exhibit A-1 for 2022 and 2023. Compensation, in an amount not-to-exceed $250,000 shall cover costs related to Exhibits B-1, C-1, and any on-call services, as detailed above. Any increase to agreement, for the services detailed here, will require approval by the City Council for the City of Santa Ana.

3. Section 3, Term, is hereby amended to memorialize that services related to the Winter Holiday decoration detailed in this First Amendment shall be completed by October 31, 2024. The term of the Agreement, as detailed in Recital A, shall not be changed or modified by this First Amendment.

4. Except as modified by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.

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

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________

KRISTINE RIDGE
Clerk of the Council City Manager

APPROVED AS TO FORM CONTRACTOR
SONIA R. CARVALHO,
City Attorney
By:___________________________ _______________________________ Brandon Salvatierra Name:

Deputy City Attorney Title:

RECOMMENDED FOR APPROVAL
_______________________________
Michael Garcia
Executive Director
Community Development Agency
EXHIBIT 1
City Council 19 – 4 11/15/2022
EXHIBIT A-1
EXHIBIT 1
City Council 19 – 5 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C, Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
September 22, 2022
Contact Name: Julie Castro
Title: Economic Development Specialist II
Client Name: City of Santa Ana
Email: [email protected]
Phone: (714) 647-6585
City of Santa Ana Holiday Proposal 2022 V4
“PROPOSAL”
Installation, Removal & Storage of Customer Owned Decorations Labor for all rental decorations included
SUMMARY REPORT:
- Bow and Garland Décor on Lamp Posts
- Lighted Elements, Enhancement options (see separate - Spec Sheet). - City Wide Décor
- New Additional Items Proposed
DETAILED REPORT:

Existing Lamp Post Décor – on 4th Street (from French St. to Ross St.) - - Installation of seventy-nine (79) Light Posts with 10’ sections of decorated garland two (2qty) per pole. - Customer owned decorations. Price includes Labor for installation, removal & storage of customers décor. - (158) total of 24” Red Bows with gold trim. Each Light Post will have a bow on either side, (2) bows per pole. - Labor Cost Per kit is $160 each.

Labor Installation, Removal Cost $12,640.00
Storage Cost $3,800.00
Total $16,440.00
Purchase of New Light Pole Kits -
- Five (5) New 24” Double Bow Accent Kit with Red Bows, 10’ of Mountain Pine Garland with Red and Gold Décor.

Unlit.
- Labor & storage for Five (5) New 24” Double Bow Accent Kit (2) Gold bows, 10’ of Mountain Pine Garland with Red and gold décor. Unlit.

Purchase of New Kits Price Per Each $495.00
Labor Installation, Removal & Storage Per Each $160.00
Total $3,275.00
10’ Lighted Seating Teddy Bear
- One (1) 10’ Lighted Giant Teddy Bear, installation, and removal at Plaza Calle Cuatro.

Lease Price $11,995.00
Exhibit A-1 to the First Amendment
EXHIBIT 1
City Council 19 – 6 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C, Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
Holiday Café/Patio Lights S4 Lights- Plaza Calle Cuatro - Installation and Removal of LED RGB color changing patio lights. Lights will be strung from lamp post to lamp post. There is six lamp posts in Plaza Calle Cuatro, approximately 150’ of string cables and lights. RGB Lights are S4 color changing lights. Lights will be hung over head to enhance the plaza.

Rental Price $2,225.00
8’ Red Lighted Bow
- One (1) 3D 8’ Lighted LED red bow installed at Plaza Calle Cuatro. - Installation of a Large Lighted Red Bow that will be installed above the Giant Teddy Bear in front of the Santa ana sign. The bow is lighted with Red glitter fabric for day and nighttime appeal. The bow has an 8’ button top and two 8’ tails along either side.
- *Install Logistics to be discussed with City prior to installation. - Please see sample photos for reference.

Rental Price $5,900.00
IPS LED Projector Systems
- IPS LED light projected on Cinema building or the side of the city parking structure. with a custom gobo with verbiage. Snowflakes projected on the building walls. Use of a several LED Leko projectors and pipe and base. - We recommend two locations; price is per location.

Rental Price Per Location $4,950.00
Total Rental for Two (2) $9,900.00
Snowflake Ribbon Overstreet Decor- on 4th Street (French St. to Ross St.) - Installation of One (1) Overstreet Snowflake Ribbon Overstreet Element per existing Guide cables between buildings down 4th street. Snowflake Skylines have one (1) 48” snowflakes and two (2) snowflake ribbon LED lighted mounts per each design.
- Eight possible locations at Eight Guide cables down 4th street. Power availability at each cable to be discussed with city.
- At least Two (2) Skylines Recommended.
- V Please see reference photo.

Rental Price Per Skyline $2,900.00
Total Rental for Two (2) $5,800.00
Total Rental Cost $55,535.00
Amount Due upon Acceptance of Proposal $27,767.50
Amount Due Prior to Installation Commencing $27,767.50
Total $55,535.00
EXHIBIT 1
City Council 19 – 7 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C, Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
Timing and Agreement:

This Agreement shall commence on October 30, 2022, the date first written above for a Two (2) year term with the option for the City to grant up to a two-year renewal, exercisable in writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. *3% CPI Increase implemented annually.

Rental: Yes, Installation & Removal Services, Holiday Decor Purchase: N/A
Installation Date: First week of Nov. 1st 2022-
Working Hours: Business Hours & Night Hours
Strike Date: First Week of January 2023
Installation Address: Downtown, Santa Ana, CA 90745
City Permits: * Price does not include city permits, additional cost for required permits.

Insurance: Fee of $200.00 if Additionally Insured Certificate is required.

To execute this agreement, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 15 days. Thank you.

Sincerely,

Joe Castro Will Gugerty
Confirmed By and on Behalf of
City of Santa Ana
________________________________________ _________________________________________ Authorized Signer Printed Name Date
EXHIBIT 1
City Council 19 – 8 11/15/2022
EXHIBIT B-1
EXHIBIT 1
City Council 19 – 9 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
November 3, 2022
Michael Ortiz
Parks and Recreation
City of Santa Ana
20 Civic Center Plaza
(714) 615-0892
City of Santa Ana City Hall Holiday Décor Proposal
Installation of Rental Lighting and Decorations
SUMMARY REPORT:
- Tree Lighting and Holiday Decor
- Proposal is menu Style, please select all that you wish to apply. - Please refer to site map for location of proposed elements.

DETAILED REPORT:

Public Library
Large Palm Trees
- Six (6) Palm Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located at the Public Library Roundabout. Tree wrap will start ground level going up to the nut of the tree. Approximately Fourteen - Sixteen (14-16) light strands will be used on each tree. - Outlet Is located 10ft up on one palm.
- Power ran overhead between each palm.

Rental and Installation Price: $3,600.00
City Hall Plaza
Palm Trees
- Ten (10) Palm Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located in the planter of the City Hall Building. Tree wrap will start ground level going up to the nut of the tree. Approximately Ten to Twelve (10-12) light strands will be used on each tree. - Three (3) Small Palms in the center wrapped with lights. Addition - Three (3) Lighted Reindeer placed throughout the planter between the trees. Addition - Outlet Is located 10ft up on one palm.
- Power ran on the ground between each palm.

Rental and Installation Price: $5,600.00
Olive Trees
- Twenty-Four (24) Olive Trees to be wrapped with commercial grade BrightLife Designs Warm White Mini Lights located behind Santa Ana City Hall. Tree wrap will start at base level going up to the foliage of the tree. Height of wrap could vary from tree to tree based on what the foliage allows for. Approximately Six to Eight (6-8) light strands will be used on each tree.
- Power will be supplied by the city.
- BrightLife Designs will have to run Power overhead between each planter. - Each Tree gets their own power cord to allow for client owned system.

Rental and Installation Price: $10,800.00
Exhibit B-1 to this First Amendment
EXHIBIT 1
City Council 19 – 10 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
Overhead Lighting (Olive Trees)
- Approximately Six Hundred and Twenty-Five (625) Feet of Warm White Faceted S14 ‘Bistro Style’ Lighting Ran overhead between each tree/planter.
- The lights will be installed in a crisscross pattern. - Power will be supplied by the city.
- Two separate power lines.
- BrightLife Designs will have to run Power overhead between each planter.

Rental and Installation Price: $9,375.00
One (1) Large Lighted Ornament Walkthrough Photo Op Element - One (1) Large Lighted Walk-through Ornament Photo Op positioned near the fountain and large tree. - The element is 14.76ft L x 14.76ft W x 13.28ft H.
- Power will be run to a city installed outlet near the fountain. - Please see map for proposed location of element.

Rental and Installation Price: $11,975.00
Japanese Garden Area - Addition
- Ten (10) Trees to be wrapped with BrightLife Designs commercial grade Warm White Mini Lights located throughout the Japanese Garden Area.
- Every other outer pillar of the structure be wrapped with lights. Approximately 11 pillars to be wrapped with lights. - Other areas
- Outlet Is located in the ground next to main front walkway.

Rental and Installation Price: $9,150.00
Total: $50,500.00
Amount Due Acceptance of Proposal 50%: $25,250.00
Amount Due Upon Installation 50% $25,250.00
Total: $50,500.00
Timing and Agreement:
- One year agreement starting Nov 1 2022 through Oct 31, 2023, with two (2) one-year optional extensions at City of Santa Ana discretion and based on BrightLife’s performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2023) and three (2024).

Rental:

Purchase:

Installation Date:

Working Hours:

Strike Date:

Installation Address:

Optional Insurance:

Yes, Installation and Removal of Rental Décor.

N/A
Dec 4th-8th 2022
Business Hours
N/A
26 Civic Center Plaza
Insurance Certificates, Fee of $200 Accepted Or Denied (please circle one) EXHIBIT 1
City Council 19 – 11 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 10 days. Thank you.

Sincerely,

Joe Castro Will Gugerty
Confirmed By and on Behalf of
City of Santa Ana
________________________________________ _________________________________________ Authorized Signer Printed Name Date
EXHIBIT 1
City Council 19 – 12 11/15/2022
EXHIBIT C-1
EXHIBIT 1
City Council 19 – 13 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
October 28th, 2022
Cesar Rodriguez
Senior Civil Engineer
City of Santa Ana
20 Civic Center Plaza
(714) 647-5626
City of Santa Ana Bristol & 1st Tree Lighting
V2
Installation of Rental Lighting Decorations
SUMMARY REPORT:
- Palm Tree Lighting.

DETAILED REPORT:

Palm Trees
- Nineteen (19) Palm Trees to be wrapped with commercial grade Warm White Mini Lights located on Bristol & 1st. Tree wrap will start eight (8) feet above ground level going approximately 15-18 feet up in the tree. Approximately Sixteen (16) light strands will be used on each tree.
- City will run power from closest street pole. From there power can be run overhead between each tree. - Rental Price Per Palm $475.00
Amount Due Prior to Installation Commenting 50%: $4,512.50 Amount Due Upon Installation 50% $4,512.50
Total: $9,025.00
Pricing Schedule
Timing and Agreement:
- Multi-year agreement starting Nov 1 2022 through Oct 31, 2025, with two (2) one-year optional extensions at City of Santa Ana discretion and based on BrightLife’s performance and mutual agreement. Original Price will remain in effect for the remainder of the contract years two (2023) and three (2024). *Excluding an annual 4% annual CPI Increase.

Rental: Yes, Installation and Removal of Rental Décor.

Purchase: TBD
Installation Date: Nov 2022 or Dec 3rd-10th
Working Hours: Business Hours
Strike Date: N/A
Installation Address: S Bristol St & W 1st St
Insurance: Fee of $200.00 if Additionally Insured Certificate is required Year 1 (2022) Year 2 (2023) Year 3 (2024)
$ 9,025.00 $ 9,386.00 $ 9,761.44
Exhibit C-1 to the First Amendment
EXHIBIT 1
City Council 19 – 14 11/15/2022
BrightLife Designs LLC
16351 Gothard St, STE C Huntington Beach, CA 92647
Phone: 714-326-8326; Direct : 714-372-2274
www.Brightlifedesigns.com
To execute this agreement, CIRCLE ALL THAT APPLY, sign this proposal and the Terms and Conditions. Please note the payment schedule above, in addition any delinquent accounts with a past due balances are subject to a $90.00 late fee. Upon receipt of initial payment, the dates of installation & removal will be secured. This quote is valid for 5 days. Thank you.

Sincerely,

Lu
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N-2022-271

AGREEMENT WITH BRIGHTLIFE DESIGNS LLC TO PROVIDE

DECORATIVE LIGHTS IN DOWNTOWN SANTA ANA
THIS AGREEMENT is made and entered into on this l st day of September, 2022, by and between BRIGHTLIFE DESIGNS, LLC, a California limited liability company ("Contractor"), and the City of Santa Ana, a chatter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECITALS
A. The City desires to retain a contractor having special skill and knowledge in the field of:
installation and storage of decorative lights such LED string lights, and relative materials (cables, anchors) in Downtown Santa Ana.

B. Contractor represents that Contractor is able and willing to provide such services to the City.

C. In undettaking the perfo1mance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services perfo1med by Contractor under this Agreement will be perfo1med in compliance with such standards as may reasonably be expected from a professional contractor in the field.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the te1ms and conditions hereinafter set forth, the patties agree as follows:

1. SCOPE OF SERVICES
Contractor shall perform during the te1m 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 herein by reference.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges detailed in Exhibit A, attached hereto and incorporated herein by reference. The total amount to be expended during the tetm of this Agreement shall not exceed $50,000.
b. Payment by City shall be 50% up-front within 15 (fifteen) days and the remaining 50% balance within 30 (thirty) 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 perfo1mance set fotth in the Recitals which may reasonably be expected by City.

Page I of9
EXHIBIT 2
City Council 19 – 16 11/15/2022

3. TERM
This Agreement shall commence on September I, 2022, and continue until September 30, 2025, unless terminated earlier in accordance with Section 15 below.

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

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

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, its 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

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EXHIBIT 2
City Council 19 – 17 11/15/2022
damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. Ifa 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 !), 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 City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

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 perfonned 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 fonn of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 orifnotavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 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 City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

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
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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EXHIBIT 2
City Council 19 – 18 11/15/2022
Se(f-lnsured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the 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 ofno less thanA:VII, unless otherwise acceptable to the City.

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 begim1ing of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion o.fthe 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 City with original Certificates of Insurance including all required amendatory endorsements ( or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements to City before work begins. However, failure to obtain the required docwnents prior to the work beginning shall not waive the Contractor's obligation to provide them.

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

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
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special coW1sel, 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 I 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

Page 4 ends

EXHIBIT 2
City Council 19 – 19 11/15/2022
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.

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 Infom1ation" 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

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EXHIBIT 2
City Council 19 – 20 11/15/2022
without an obligation of confidentiality; ( d) is required to be disclosed by operation of law; or ( e) is independently developed by the Contractor without reference to information disclosed by the City.

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

14. 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 perfonned by City persomiel or by other contractors s retained by City.

Page 6 ends

EXHIBIT 2
City Council 19 – 21 11/15/2022
compensation for all services performed by Contractor pnor 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.

To City:

Clerk of the City Council
Page7 of9
EXHIBIT 2
City Council 19 – 22 11/15/2022
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:

Steven Mendoza, Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
To Contractor:

Joseph Castro, Owner
BrightLife Designs, LLC
16351 Gothard St., #C
Huntington Beach, CA 92647
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the tenns of this Agreement, and shall indenmify City fully, including reasonable costs and attorney's fees, for any iajuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Where any terms in the Exhibits conflict with terms set forth in this Agreement, the language of the Agreement shall prevail. {Signatures on following page}

Page 8 ends

EXHIBIT 2
City Council 19 – 23 11/15/2022
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:
cJl).,
.k('Clerk of the 4-�Couoo • • ;::::,;.,;,. ,,#
. .
.
., -� .
# ... �---,
l • '" ... �
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: ---t-T-------c,'i-"------
Ryan O.

Assistan Attorney
RECOMMENDED FOR APPROVAL:

Steven Mendoza
Executive Director
Community Development Agency
CITY OF SANTA ANA ��v Kristine Ridge
City Manager
CONTRACTOR:

Owner
BrightLife Designs, LLC

Page 9 ends

EXHIBIT 2
City Council 19 – 24 11/15/2022
'l3 Exhibit A
August 31st, 2022
Contact Name: Julie Castro-Cardenas
Title: Economic Development Specialist II
Client Name: City of Santa Ana
Email: [email protected]
Phone: (714) 647-6585
City of Santa Ana Overstreet 4
th Street Lighting
Proposal 2022
Vl
"PROPOSAL"
Purchase and Installation of Lighting Decorations
SUMMARY REPORT:

Overstreet Lighting Down 4
th street from Sycamore to French St.

Bistro Style Lighting.

Reference Images/Concepts at the bottom of document.

DETAILED REPORT:

Overstreet Lighting
Product to be used:

Overhead Lighting: Warm White Bistro Style Lights
Approximately Thirteen Hundred (1,300) feet Medium Base E26 Socket Set SPT2 16Ga Black Wire, 8' Lead wire, 24" Spacing, Non-End Connecting Outdoor Use
Approximately Six Hundred Fifty (650) S14 LED Warm White Faceted Replacement Bulb E26 Nickel Base, 10 Diodes, 120V Dimmable
Installation of guide wire cable attached to Santa Ana Double Cobra Light Poles. Written Permission pending from City.

Using turnbuckles and U-Clamps.

Lights will be installed in a zig zag pattern.

Please note: Exact power structure is unknown. Each light strand will tap into the current client power infrastructure. Water sealant silicone used at each cable entry point entering the building for power.

Location: 4
th Street
4 th Street - From Sycamore St. to French St.

Approximately Thirteen Hundred (1,300) feet Medium Base E26 Socket Set SPT2 16Ga Black Wire, 8' Lead wire, 24" Spacing, Non-End Connecting Outdoor Use in a zig zag pattern.

Approximately Six Hundred Fifty (650) S14 LED Warm White Faceted Replacement Bulb E26 Nickel Base, 10 Diodes, 120V Dimmable
Lights will be installed in a zig zag pattern.

Lights Attached to Double Cobra Light Posts Down 4
th Street.

Total Cost $45,550.00
Amount Due upon Acceptance of Proposal $22,750.00
Amount Due Prior to Installation Commencing $22,750.00
Total $45,550.00
Brightlife Designs LLC
16351 Gothard St, STEC, Huntington Beach, CA 92647
Phone: 714-326-8326; Direct: 714-372-2274
www.Brightlifedesigns.com
EXHIBIT 2
City Council 19 – 25 11/15/2022
Timing and Agreement:

Permissions Required from City to attach to city infrastructure. (Double Cobra Light Posts) Felleouing Fceci13t ef sign eel eg, ��R,c, ,t, 13leese elle .. 2 3 ffienths leeel tiffie te eeeiuiFe 13, odu�t.

Please allow for 10% contingency based on initial estimate. *Prices exclude shipping/taxes.

Rental:

Purchase:

Installation Date:

Working Hours:

Strike Date:

Installation Address:

City Permits:

Insurance:

N/A
Yes, Installation of Purchased Decor
To be completed by Sunset on September 3, 2022
Business Hours & Night Hours
TBD
Downtown, Santa Ana, CA 90745
* Price does not include city permits, additional cost for required permits.

Fee of $200.00 if Additionally Insured Certificate is required.

Sincerely,
Joe Castro Will Gugerty
Confirmed By and on Behalf of
City of Santa Ana
Aoth� �ord UV) �edName
Brightlife Designs LLC
16351 Gothard St, STEC, Huntington Beach, CA 92647
Phone: 714-326-8326; Direct: 714-372-2274
www.Brightlifedesigns.com
Date
EXHIBIT 2
City Council 19 – 26 11/15/2022
Sycamore to Main Street:

Main Street to Bush Street
EXHIBIT 2
City Council 19 – 27 11/15/2022
Bush Street to Spurgeon St.

Spurgeon Street to French Street.

EXHIBIT 2
City Council 19 – 28 11/15/2022
0 Possible Power
- Overhead Bistro Lights
Possible Power
Location
s,
0 , ,,•
;�
0 le>
!.
\
.
\/ Spurgeon S1
ID
MatnS.t
• � Fntneh St
0-
Fre11,
NBu.sh:

MmnSt
� Possible Power
Location
-�-. Possible Power Location
EXHIBIT 2
City Council 19 – 29 11/15/2022
1 �-
;-; PROPOSED STAINLESS STEEL

ANCHORS ( SEE SPECS AT
RIGHT)

PROPOSED STAINLESS STEEL

TURN BUCKLES ( SEE SPECS AT
RIGHT)

PROPOSED WIRE ROPE, THIMBLE &

WIRE ROPE CLAMP ( SEE SPECS AT
RIGHT)
COMMERCIAL MEDIUM SUSPENDED____,.,/'
SOCKET STRING LIGHT & A 15 CLEAR
BULBS.
+--EXISTING WALL (FIELD VERIFY).

TYPICAL ATTACHMENT ELEVATION
SCALE: 3"=1'-0"
®S.S.BULBS
SCALE: NTS
@S.S. Turn Buckle
SCALE: NTS
4 WIRE ROPE, THIMBLE & CLAMP
SCALE: NTS
S14 LED Warm White Faceted Bulb
E26 Nickel Base
10 Diodes
120V Dinrn1able
L2' W2" H3.25"
� <W '\t ly� Hoot lo Eye.Eye to Eye Hook lo Hook
Mmrtal: Stainless Steel Grade 304 o, Stainless S!eel Gratle 316 Saa&Mod•I TLa"rltJuckle ,.,.it M� MG.tA8,tA10,1A12,
"416,l.t10
Fe-atures: The TumOUdde has eXU<HlXCCllem pcrtonnancc or coooskln rests1anc:c pooo yietCI sllcogtn aoo tensle strengtn.The'3e nuts are "'O'!ty U!led fl humldy envlroment and Silly waler.very 1oo9 sen.ice 11:e. , \</;
Wire Rope Clamp and Thimble Kits-Not for Lifting
/j
Clamp Thimble
Krts 1nck.Jde clamps and 1himb�s 10 protect the Inside of wire rope IOops from fraying. Clamps must be onemed wilh the saddle on the long (lh,e) end and U•boh on the sllOrt (dead) end.

GalVMud stwl and lrotl clamps and thlfflbles are COOOMO!l reslSlaf'II Sblnlns sfNI clamps, and lhlfflbles ate chenxal Je5151.anl Galuntud Iron Cl.amen with G;itv..nlud Stfft Thlmbk-s

1.ltl" 3 4)11" J ]1J'l7' 78 J.'ll"'
J/1&" 3 51/Y ti!) 1Yl7' 1· 7/tr.,·
J/,1" 3 r 1fl 1 13132"' I II< �Iii
WMJ� Test al illtlmlbhes for Jt'�ed �� hef!Xe u,;e Do not � � �lib 3 7 � 1b 1 tJ/'16"' 1 9116. 11116"' toa-led 1ope lftl>:SS the cndlwlg 111, rn11D\fed J/8" J 9 VT 30 2 m· 1 7/ff' 7/f" FOi' Number Required Cli>mo
Rope of Rope Torque,
Dia Clamps Tumback ft.Abs Ht Wd Thkk
Galva.nit� StMJ CIMnps 'llrilh G.llvanlzed StNI Thimbles 118" 2 3 114• 4.5 31'32" 71(f" :WJ/10 2 3'JJ4"' 75 1YJZ' 1• 7/lfr 114" 2 ◄ }'4• 15 113131" 11/4"' 9f16"'
!1116" 7 5 114• 30 1 Y.1116" 1 em;-· 11116"' :W- 2 61'Z' ◄5 2114" 17/fT' 1Rf' 7110 2 7• 65 2 W 2 "16" 1Jf!'
1'1" 3 111/T 65 241.G(' 21116" 7Jff'
5/ff' 3 1T U5 3114" 2:W- 1111s·
'Jl,19 4 1!r 130 3!i16"' 291'16"11/16"
7116" 3 10 11,• 40 7:W- 2 1/16" utl'
1rr 4 15 11.t· 45 2 41U 2 1110- Ml'
5flJ' • 1� 7b 3tt•· 73,,r 1111£"'
J/6' 5 22 VI" 75 3 !i116"' 2 !¥16"9 1 1/1139
[1:';: s�•u s1� ;�:-mp,; Mth Jew s�Jt
"::-ss s':,! ™i;�i. I
l-ff: 2 3:Yl" 1• 7,r' ll-'16"'
"� 2 4�4- 8 1 W 1118"' 7�
5110· 2 51J.tr 15 111116" 1 :w- 11,u; w 2 o,rr 30 2u16" 131•• 1311.r 1mt 2 1111r ◄� z,rr r , ,rr
,rr 2 111rr "� 2vr r 11,r
1,r 3 12" 05 2 11116" "11/16" 1 llJ.
!1116
"' 3 12" 9tJ 211/l(i 2tr1{, 13tf'
518" 3 12" 95 31/ff" lW t11fr
:y(' 4 18"' 130 3116" 27/1f,"21116"'
a
Brightlife
Designs
16361 Gothard St
H\Jnttr,vton Beadl CA m47
Phone 71'.326 8326
www.Bnghtl.lfeDa&9)s.com
Proji!CI:

Santa Ana
Address: Downtown Santa
""'
Account Manager:

Will Gugeny
Designer:

Pl 3.50
Scale. AS NOTED
Design No. 16-06-1963-01
Date 8.31.22
Reg. No ------ ..

Rev1stons·
ROI \pl)10nJOV-"lignHig011C01mo
$\h:�1011�2 !3.50/
-·l:.li>·l•i7·i1fiNN
FOR JOB CHE(�
Acct Mgr.

DATE

FOR CONSTRUCTION DATE
Acct Mgr.

Design
Production

FOR INSTALL ONLY DATE
Acct Mgr.

Page 01 ends

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6'qlllr,�u�
0 - n .. CG1on�v,dl,<I""•••�"'�
tfP,btl!Ul,(;tl-'icWwl.f,rur•rt
S...cGk.lip,,d.:.11en,
EXHIBIT 2
City Council 19 – 30 11/15/2022
Community Development Agency
www.santa-ana.org/community-development
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Amendment to FY 2022-2023 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with 2-1-1 Orange County AGENDA TITLE:

Approve an Amendment to the Fiscal Year 2022-2023 Emergency Solutions Grant (ESG) Memorandum of Understanding (MOU) Agreement with the Santa Ana Police Department HEART Program for Additional Street Outreach and ESG Subrecipient Agreement with 2-1-1 Orange County for HMIS Data Collection (Non-General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an amendment to the Santa Ana Police Department HEART Program Memorandum of Understanding to increase the amount of the agreement by $30,000 for program year July 1, 2022 - June 30, 2023 for additional street outreach activities, subject to non-substantive changes approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute an amendment to the 2-1-1 Orange County Subrecipient Agreement to increase the amount of the agreement by $22,340.92 for program year July 1, 2022 - June 30, 2023 for additional data collection, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
On April 19, 2022, the City Council authorized the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Department and agreements with non-profit organizations as part of the program year 2022-2023 Emergency Solutions Grant (ESG) Program allocation to provide housing assistance, emergency shelter and street outreach to Santa Ana residents experiencing homelessness.

At the close of Fiscal Year 2021-2022, unspent funds from ESG program recipients totaling $52,340 were recaptured for redistribution. Staff recommends reallocating FY 2021-2022 unspent funds to the Santa Ana Police Department HEART Program and 2-1-1 Orange County to expand services for people experiencing homelessness. The funds for the HEART Program will provide additional street outreach services to individuals experiencing homelessness to provide them with necessary resources. The funds for 2-1-1 Orange County will provide additional funds for Homeless Management Information System (HMIS) data collection and analysis.

City Council 20 – 1 11/15/2022
Amendment to FY 2022-2023 MOU with the Santa Ana Police Department HEART Program and ESG Subrecipient Agreement with 2-1-1 Orange County November 15, 2022

Page 2 ends

FISCAL IMPACT
The Emergency Solutions Grant funds have been carried forward from FY 2021-2022 to FY 2022-2023 in the amount of $52,340.92 in account no. (13518785-various) and are available for expenditures in the current fiscal year.

EXHIBIT(S)

1. Staff Report from April 19, 2022

2. Amendment to Memorandum of Understanding with SAPD Heart Program

3. Amendment to Subrecipient Agreement with 2-1-1 Orange County Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 20 – 2 11/15/2022
City Council 20 – 3 11/15/2022
City Council 20 – 4 11/15/2022
Name of Organization
Name of Funded Program
Annual Accomplishment Goal
150 Persons
150 Persons
Program and Funding Description
Schedule of Performance
Quarter 1: July 1 - September 30 75 Persons
Quarter 2: October 1 - December 31 75 Persons
Quarter 3: January 1 - March 31 75 Persons
Quarter 4: April 1 -June 30 75 Persons
300 Total unduplicated Santa Ana Residents to be served.

Schedule of Invoicing
Quarter 1: July 1 - September 30 $20,000.00
Quarter 2: October 1 - December 31 $20,000.00
Quarter 3: January 1 - March 31 $20,000.00
Quarter 4: April 1 -June 30 $20,000.00
$ 80,000.00 Total Grant
I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period.

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

City of Santa Ana
Scope of Work
Santa Ana Police Department
H.E.A.R.T. Program
Exhibit A

Page 1 of 1 ends

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

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

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

Santa Ana Police Officers will contact individuals experiencing homelessness and attempt to provide the person(s) with necessary resources. The various resources will include lodging at the Link, Yale Navigation Center, or other available homeless shelters and housing programs, as well as transportation and mental health services utilizing the County PERT team members. Through a collaborative approach, officers will work the entire City in areas that are impacted by calls for service, citizen complaints, or noticeable encampments.

City Council 20 – 5 11/15/2022
Organization Name
Program Name
Total
Exhibit B

Page 1 of 1 ends

Transportation
- $ -
- $ -
- $ -
- $ -
- $ -
$ 11,936
-
Other
-
Indirect Cost
$ -
Emergency Mental Svc.
- $ -
Total Funds for the Program $ 160,000
Source Amount
Santa Ana ESG
$ 80,000
$ 80,000
(Total Funds for Program must equal Total Program Budget above) $ -
$ -
$ 80,000 $ 80,000 $ 160,000

LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
$ -
$ -
$ -
-
-
-
$ 10,386.36
$ -
$ -
Santa Ana
-
Total Organizational
Budget
$ -
-
Category
Expenses Funded by
Santa Ana
$ 69,613.64
Expenses Funded
by Other Sources
$ 80,000
Engagement
-
Total Program
Budget
$ -
ESG Final Budget
Santa Ana Police Department
H.E.A.R.T. Program
Expenditures
Emergency Health Svc.

Case Management
-
-
-
$ 148,064
$ -
City Council 20 – 6 11/15/2022

FIRST AMENDMENT TO EMERGENCY SOLUTIONS GRANT SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND 211 ORANGE
COUNTY
(24 CFR Parts 91 and 576)

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

RECITALS
A. On July 1, 2022, the City entered into an Emergency Solutions Grant Subrecipient Agreement with 211 Orange County, A-2022-093-03, to provide Emergency Funds from the United States Department of Housing and Urban Development (HUD) to be used in the operation of an emergency solution program for the homeless or at risk of homelessness of the City of Santa Ana ("said Agreement").

B. In an effort to provide additional housing assistance activities to serve Santa Ana residents experiencing homelessness, $22,340.92 will be reallocated to the 211 Orange County HMIS Data Collection.

C. In accordance with the terms and conditions of said Agreement, the parties desire to amend to increase funds to the Subrecipient, which need to be spent by June 30, 2023.

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

1. Paragraph 5, shall be amended to increase funding to Subrecipient by $22,340.92 in additional Data Collection and Outreach and Engagement Services. The new total sum shall be increased from $128,593 to an amount not to exceed $150,933.92 in grant funding.

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

3. Section III, shall be amended to increase funding to Subrecipient by $22,340.92 for a total sum not to exceed $150,933.92. Subrecipient’s Budget for these new funds is attached hereto as Exhibit B and incorporated herein by reference.

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

City Council 20 – 7 11/15/2022
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to said Agreement the date and year first above written.

ATTEST:

Clerk of the Council
APPROVED AS TO FORM:

Sonia R. Carvalho
City Attorney
____________________________
By: RYAN O. HODGE
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Michael L. Garcia
Executive Director
Community Development Agency
CITYOFSANTA ANA:

KRISTINE RIDGE
City Manager
SUBRECIPIENT:

Karen Williams
211OrangeCounty
Tax ID# 33-0063532
Unique ID# TCK7UJCBJLA5
City Council 20 – 8 11/15/2022
Name of Organization
Name of Funded Program
Annual Accomplishment Goal
Persons
Persons
Program and Funding Description
Schedule of Performance
Quarter 1: July 1 - September 30 Persons
Quarter 2: October 1 - December 31 Persons
Quarter 3: January 1 - March 31 Persons
Quarter 4: April 1 -June 30 Persons
0 Total unduplicated Santa Ana Residents to be served.

Schedule of Invoicing
Quarter 1: July 1 - September 30 $32,148.25
Quarter 2: October 1 - December 31 $39,595.92
Quarter 3: January 1 - March 31 $39,595.00
Quarter 4: April 1 -June 30 $39,594.75
$ 150,933.92 Total Grant
I. Total number of unduplicated clients (Santa Ana and Non-Santa Ana Residents) anticipated to be served by the funded program, named above, during the 12-month contract period.

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

City of Santa Ana
Scope of Work
People For Irvine Community Health DBA 2-1-1 Orange County HMIS
Exhibit A

Page 1 of 1 ends

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

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

Host user meetings
Perform site vists
Provide training and technical assistance
Complete project set-ups
Publish data quality and performance reports on the 211OC website (211oc.org) HMIS licenses
HMIS Street Outreach mobile app licenses
Housing Intake / I&R Specialist screening and data entry Monthly demographic survey data via 2-1-1 Santa Ana calls into Community Information Exchange Creation and implementation of quarterly HMIS/I&R Dashboard City Council 20 – 9 11/15/2022
Organization Name
Program Name
Total
Exhibit B

Page 1 of 1 ends

ESG Final Budget
People For Irvine Community Health DBA 2-1-1 Orange County HMIS
Expenditures
Category
Expenses Funded
by Santa Ana
Expenses Funded
by Other Sources Total Program Budget
Total Organizational
Budget
Housing Relocation and Stabilization Services
Financial Assistance
Rent Deposit $ -
Rental Application fees $ -
Utility Deposit $ -
Utility $ -
Moving Costs $ -
Service Assistance
Hsg Search & Placement $ -
Case Management $ -
Mediation $ -
Legal $ -
Credit Repair $ -
Rental Assistance
Rent $ -
Other
Salaries $ 137,212.65 $ 388,798.37 $ 526,011.02 $ 3,413,850 $ -
Other Expenses $ 321,865.78 $ 321,865.78 $ 2,322,328
- $ -
Indirect Cost $ 13,721.27 $ 71,734.35 $ 85,455.62 $ 637,353 - $ -
- $ -
$ 150,933.92 $ 782,398.50 $ 933,332.42 $ 6,373,531

LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED
(Total Funds for Program must equal Total Program Budget above) Source Amount
Santa Ana $ 150,933
City of Anaheim $ 33,528
City of Garden Grove $ 5,121
HUD HMIS $ 650,575
Total Funds for the Program $ 933,331.50
City of Irvine $ 93,175
City Council 20 – 10 11/15/2022
Name of Organization:

Name of Program
Program Staff
Position Title
(only list funded positions)
Budget
Category
Annual Salary Hourly Rate Approximate # of
Hours per month
serving Santa Ana
Total Amount
Requested
Vice President, Data Analytics Salaries $ 115,000 $ 55.29 14.00 $ 9,288.46 HMIS Program Manager Salaries $ 64,480 $ 31.00 52.00 $ 19,344.00 HMIS Data Analyst Salaries $ 48,880 $ 23.50 52.00 $ 14,664.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 HMIS Data Analyst Salaries $ 50,960 $ 24.50 52.00 $ 15,288.00 Housing Intake/I&R Specialist Salaries $ 39,000 $ 18.75 20.00 $ 4,500.00 Housing Intake/I&R Specialist Salaries $ 39,000 $ 18.75 20.00 $ 4,500.00 Housing Intake/I&R Specialist Salaries $ 36,400 $ 17.50 20.00 $ 4,200.00 Housing Intake/I&R Specialist Salaries $ 36,400 $ 17.50 20.00 $ 4,200.00 Indirect Cost $ 13,796.54
$ 150,933.00
ESG Funded Personnel
People For Irvine Community Health DBA 2-1-1 Orange County HMIS
Total ESG Requested
City Council 20 – 11 11/15/2022
Community Development Agency
santa-ana.org/cd
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Pre-Commitment of Affordable Housing Funds for Habitat for Humanity of Orange County
AGENDA TITLE:

Approve a Pre-Commitment of $2,200,000 in Inclusionary Housing Funds for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue

RECOMMENDED ACTION
Authorize the City Manager to execute a pre-commitment letter with Habitat of Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units at 1921 W Washington Avenue, Santa Ana, CA (APN 405- 101-37), subject to non-substantive changes approved by the City Manager and City Attorney.

COMMUNITY DEVELOPMENT COMMISSION RECOMMENDATION
At its regular meeting on August 24, 2022, the Community Development Commission recommended to the City Council to authorize the City Manager to execute a precommitment letter with Habitat of Humanity of Orange County for $1,980,000 in Inclusionary Housing Funds by a vote of 5:0 (Commissioners Frazier, Le, and Martinez were absent). After that date, Habitat for Humanity needed to revise their project to incorporate one (1) accessible unit with mobility and communication features to meet Americans with Disability Act (ADA) requirements, which resulted in an increase of $220,000.

DISCUSSION
On December 7, 2021, the City Council authorized the Community Development Agency (“CDA”) to release a Request for Proposals (“RFP # 21-136”) to develop affordable rental and ownership project(s) in the City of Santa Ana (“City”) with available funds from the Inclusionary Housing Fund, HOME Investment Partnerships (“HOME”) Program, HOMEAmerican Rescue Plan (“HOME-ARP”) Program, Project-Based Voucher Program, and the Neighborhood Stabilization Program fund (Exhibit 1). The RFP also included one land asset owned by the Housing Authority of the City of Santa Ana. The RFP was prepared in compliance with the City’s Affordable Housing Funds Policies and Procedures. The RFP was published on both the City and Housing Authority’s websites and Planet Bids; a public notice was published in the OC Register on December 10, 2021; and an e-mail City Council 21 – 1 11/15/2022
Pre-Commitment of Affordable Housing Funds for Habitat for Humanity of Orange County November 15, 2022

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was sent out to Orange County’s largest affordable housing membership associations, interested developers, and nonprofit organizations from CDA’s RFP Process Database.

After the RFP deadline (February 28, 2022), staff conducted a minimum threshold review and three of the five proposals submitted were determined to be eligible as follows:

C&C Development
Habitat for Humanity of Orange County
Jamboree / WISEPlace
In compliance with the City’s Affordable Housing Funds Policies and Procedures, a Review Panel, composed of City staff and housing consultants, used the Scoring and Selection Criteria from the RFP and reviewed the proposed designs for appropriateness for the proposed target group, compatibility with surrounding uses, cost effectiveness of construction, and appropriateness of the designs and construction for low maintenance and long-term durability. After interviews of the development teams, the Review Panel recommended the following:
• Developer and Project: Habitat for Humanity of Orange County - Washington Avenue
• Award: $2.2 million from Inclusionary Housing Funds
The pre-commitment letter between the City and Habitat for Humanity of Orange County (“Habitat for Humanity”) provides the enforceable funding commitment of $2,200,000 for the development of six affordable ownership units (Exhibit 2) at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 405-101-37) (the “Project”). The pre-commitment letter is conditional on Habitat for Humanity obtaining permits and approvals from the City, ensuring at least 5 percent of the dwelling units provide mobility features, providing at least 2 percent of the dwelling units are equipped with communication features, and establishing a local preference for residents who live and/or work in the City.

In compliance with the City’s Affordable Housing Funds Policies and Procedures, Keyser Marston Associates was tasked with conducting a financial gap analysis; reviewing the developer’s estimates and projections of sales price, expenses, reserves and development costs; and confirming the project’s underwriting and other requirements pertinent to the funding sources (Exhibit 3). Following this analysis and completion of the procurement process, City staff affirms the Review Panel recommendation to award $2,200,000 for the Project and present to City Council for consideration.

Project Description
Habitat for Humanity acquired the site in December 2021 and will utilize the property’s R-2 zoning. The Project may require development concessions that must be approved by the City, and Habitat for Humanity must comply with the City’s Sunshine Ordinance.

The Project is designed with three (3) duplex buildings with “farmhouse-style” architecture to be constructed with concrete roof tiles, composite wood siding, concrete paving City Council 21 – 2 11/15/2022
Pre-Commitment of Affordable Housing Funds for Habitat for Humanity of Orange County November 15, 2022

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surfaces, and professionally designed landscaping. All units will have approximately 1,430 sq. ft. of interior living space, with 3-bedrooms and 2.5-bathrooms, a private yard (431 sq. ft.), and a private two-car garage with direct access to each unit (residents will be required to park vehicles in the garages and not use garages only for storage). The site plan also includes short-term overflow/guest parking spots (2 standard parking spots and 1 accessible parking spot).

The three (3) buildings will be constructed concurrently with an anticipated building cycle of 14 months from the issuance of building permits. The Project will provide six (6) affordable units for purchase by low-income families who earn up to 80% of the Area Median Income with a preference for families who live and/or work in the City. Renderings and photos of the Project are attached as Exhibit 4.

The Developer
Habitat for Humanity of Orange County is a nonprofit organization that: specializes in affordable housing for purchase by qualifying families, dedicates resources to address substandard housing, serves as an advocate for fair and just housing policies, and provides training and access to resources for families. Since 1988, the Orange County affiliate has completed and sold 231 new homes in this service area, and Habitat for Humanity has completed 30 affordable homes in the City.

FISCAL IMPACT
The grant agreement is estimated to be finalized for City Council approval in FY 2022-23.

Upon future approval of the grant agreement, funds will be budgeted and available as shown below:

Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 22-23 41718820-69152 Inclusionary
Housing Fund Loans and Grants $2,200,000

EXHIBITS

1. Staff Report from December 7, 2021

2. Pre-Commitment Letter with Habitat for Humanity of Orange County

3. Preliminary Financial Gap Analysis by Keyser Marston Associates

4. Proposed Project Renderings/Preliminary Site Plan and Photos Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 21 – 3 11/15/2022

SANTA ANA CITY COUNCIL
Vicente Sarmiento
Mayor
[email protected]
Phil Bacerra
Mayor Pro Tem, Ward 4
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Nelida Mendoza
Ward 2
[email protected]
Jessie Lopez
Ward 3
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
MAYOR
Vicente Sarmiento

MAYOR PRO TEM
Phil Bacerra

COUNCILMEMBERS
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
David Penaloza
Thai Viet Phan

CITY OF SANTA ANA

COMMUNITY DEVELOPMENT AGENCY
20 Civic Center Plaza M-25
Santa Ana, California 92702
www.santa-ana.org

CITY MANAGER
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
November 15, 2022
Troy Hendrickson
Vice President of Construction
Habitat for Humanity of Orange County
2200 S. Ritchey Street
Santa Ana, CA 92705
Re: Pre-Commitment Letter
1921 W. Washington Ave.

Santa Ana, CA 92701
Dear Mr. Hendrickson:

Habitat for Humanity of Orange County (referred to as the “Developer”), requested financial assistance in connection with the proposed development of six (6) affordable ownership units at 1921 W. Washington Avenue, Santa Ana, CA (APN 405-101-37) (“Project”).

The Project site is located at 1921 W. Washington Avenue. The current structures on the site have been abandoned for over a decade. The buildings have deteriorated to the point that they are no longer habitable. The proposed Project will consist of three duplex buildings and will provide six new affordable ownership opportunities for low-income families who earn up to 80% of the Orange County Area Median Income in the City of Santa Ana. All units will be three-bedroom and have a minimum of two-bathroom. Each unit will have a private two-car garage with direct access to their unit. Units will range in size from 1,100 sq. ft. to approximately 1,430 sq. ft. of interior living space. In addition, each unit will have a private yard. One unit will be constructed as an accessible unit with mobility and communication features in compliance with the California Building Code.

These homes will be made available exclusively to qualifying low-income families who earn up to 80% of the Orange County Area Median Income. The Project will have a EXHIBIT 2
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preference for families who live or work in the City of Santa Ana. Construction will comply with all City of Santa Ana, county, and state building codes.

The City of Santa Ana (“City”) has reviewed the Developer's request for financial assistance, and at the City Council meeting on November 15, 2022, the City Council authorized and approved issuance of this pre-commitment letter evidencing the preliminary award of $2,200,000 in Inclusionary Housing Funds consisting of (“City Assistance”):
- A Conditional Grant in the maximum amount of $2,200,000 from the Inclusionary Housing Fund held by the City for the Project (“Conditional Inclusionary Housing Grant”).

This letter shall evidence the City’s pre-commitment of the City Assistance to the Developer for the Project subject to the conditions described below.

City Assistance:

The amount of the proposed City Assistance has been determined based upon the City’s review of the Developer's request for the receipt of the City Assistance and the development proforma and projected cash flows for the Project submitted by the Developer to the City (“Proforma”). The City Manager has the authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the City Assistance is not increased or extended.

The City Assistance shall include the following terms:
 The Conditional Inclusionary Housing Grant shall be for a maximum principal amount of $2,200,000, or as much thereof, as is disbursed for hard and soft costs in constructing the Project, provided from the Inclusionary Housing Fund.  Provided Developer constructs the Project according to the Scope of Work and Schedule of Performance, the Developer will be subject to no repayment obligation. Upon the City’s issuance of a Certificate of Completion, the Grant Agreement shall automatically terminate. In the event the Project is not constructed in compliance with the Scope of Work and Schedule of Performance within two (2) years from the date of the first disbursement of the Grant funds, the City may terminate the Grant Agreement and may seek repayment of Grant monies not expended on development and construction of the Project pursuant to the default remedy provisions of the Grant Agreement.  The six (6) “Housing Units” at the Project shall and will be restricted to an affordable home purchase price which will require that the six homes be sold to low-income qualified buyers who earn up to 80% of the Orange County Area Median Income as set by the Department of Housing and Urban Development (“HUD”). Future EXHIBIT 2
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sales of such single-family homes will be restricted to income-qualified households for a period of at least forty-five (45) years.
 Developer will have a local preference for families who live or work in the City of Santa Ana in the selection of low-income qualified buyers.  Developer will ensure that each “Program Participant” (used interchangeably with “Homebuyer”) means the selected eligible person or Family who will be purchasing a House. Each Program Participant will be providing not less than five hundred (500) hours of sweat equity toward the development of their House, or any other improvements as may be designated by the Developer. Each Program Participant is to be selected by the Developer as more fully set forth in its Marketing Outreach and Sales Program.
 Developer’s Program to develop affordable ownership opportunities with financial support from the City is subject to Chapter 11B of the California Building Code as public housing. Accordingly, Developer’s Program must comply with California Building Code section 11B-233.3. Specifically, Developer’s Program must comply with requirements for mobility features: “In facilities with residential dwelling units, at least 5 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide mobility features.” In addition, Developer’s Program must also comply with requirements for communication features: “In public housing facilities with residential dwelling units, at least 2 percent, but no fewer than one unit, of the total number of residential dwelling units shall provide communication features complying with Section 11B-809.5.” Developer shall comply with these public housing requirements for their Program in the California Building Code by constructing one unit in the Project that includes the required mobility features and communication features.
 At the close of escrow for the purchase of each Affordable Unit, the City will require each Low Income Household purchasing such Unit to execute the following documents:
o Affordable Housing Resale Restrictions – The Affordable Housing Resale Restrictions shall permit sales of an Affordable Unit sold to a Low Income Household only to a qualified Low Income Household with a local preference for families who live or work in the City of Santa Ana, in each case, at an Affordable Housing Cost;
o Notice of Affordability on Transfer of Property – The Notice of Affordability on Transfer of Property shall be for a term of at least forty-five (45) years; o Promissory Note – The principal amount of the City Promissory Note shall be in an amount equal to the difference between the sales price of the Affordable Unit and the fair market value of such unit as if no restriction were placed thereon, as determined by the sales price of equivalent unrestricted units on the Sites at the time of such sale. If there are no equivalent unrestricted units on the Sites at the time of sale, the fair market value of EXHIBIT 2
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the unit shall be determined by appraisal, which is reasonably acceptable to the City;
o Deed of Trust; and,
o Homebuyer Loan Agreement.

General Provisions:

The City's obligation to provide the City Assistance to the Project is subject to each of the following conditions:
 Developer must provide proof that it has secured all of its remaining financing for the development of the Project in the form of enforceable funding commitments, before staff will return to the City Council for consideration of the Conditional Grant Agreement for the City Assistance.
 Developer shall assume any and all responsibility and be solely responsible for determining whether laborers employed relative to the construction or installation of the project must be paid the prevailing per diem wage rate for their labor classification, as determined by the state, pursuant to labor code sections 1720, et seq.
 All provided funding and Project requirements shall conform to the City’s most recently adopted Affordable Housing Funds Policies and Procedures, unless alternative requirements are expressly provided in the executed Conditional Grant Agreement for the City Assistance or any other documents related to the development of the Project.
 Approval of all required entitlements and discretionary actions, to allow the construction of six affordable ownership units to be located at 1921 W.

Washington Avenue, Santa Ana, CA (APN 405-101-37).
 The City's obligation to provide the City Assistance is and shall remain subject to all covenants, conditions, and restrictions set forth in the Conditional Grant Agreement, and in particular the City's analysis of the available funding sources and development and operating costs of the Project and the overall economic feasibility of the Project.
 Review and approval of the Conditional Grant Agreement evidencing the City Assistance by the City Council including the Conditional Grant Agreement and Affordability and Maintenance Restrictions.
 10% or $220,000 of the City’s financial assistance will be retained by the City until construction of the Project is complete.

Developer, at its sole cost and expense, will be responsible for securing any and all permits and discretionary approvals that may be required for the Project by the City or EXHIBIT 2
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any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Notably, this pre-commitment letter shall not obligate the City or any department thereof to approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the construction, rehabilitation, installation or operation of the Project.

This pre-commitment letter for the Project will expire on November 15, 2024.

If you have any questions or require any additional information regarding this precommitment letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667-2241 or by e-mail at [email protected].

Sincerely,
On behalf of the City of Santa Ana:
_________________________________
Kristine Ridge
City Manager
Attest:
_________________________________
Clerk of the Council
RECOMMENDED FOR APPROVAL:
___________________________
Michael L. Garcia
Executive Director
Community Development Agency
EXHIBIT 2
City Council 21 – 8 11/15/2022
777 SOUTH FIGUEROA STREET, SUITE 2555  LOS ANGELES, CALIFORNIA 90017  PHONE 213.622.8095 2208010v2:SA:TRB
WWW.KEYSERMARSTON.COM 19090.018.026
ADVISORS IN:

Real Estate
Affordable Housing
Economic Development

BERKELEY
A. Jerry Keyser
Debbie M. Kern
David Doezema

LOS ANGELES
Kathleen H. Head
James A. Rabe
Gregory D. Soo-Hoo
Kevin E. Engstrom
Julie L. Romey
Tim R. Bretz

SAN DIEGO
Paul C. Marra

MEMORANDUM
To: Judson Brown, Housing Division Manager
City of Santa Ana
From: Tim Bretz
Date: October 27, 2022
Subject: Habitat Washington Avenue – Preliminary Financial Gap Analysis At your request, Keyser Marston Associates, Inc. (KMA) prepared a preliminary financial gap analysis for the project proposed to be developed at 1921 West Washington Avenue (Site) by Habitat for Humanity of Orange County (Habitat). The Site is currently owned by Habitat. Habitat proposes to demolish the existing vacant structures on the Site, and construct six for-sale units to be sold to low income households (Project). Habitat is requesting $2.20 million in financial assistance from the City of Santa Ana (City). The purpose of the KMA analysis is to evaluate Habitat’s financial assistance request.

EXECUTIVE SUMMARY
The results of the KMA financial gap analysis are compared to Habitat’s financial proposal in the following table:

KMA Habitat Difference
Total Development Costs $4,290,000 $4,311,000 ($21,000) (Less) Total Available Revenue (2,054,000) (2,111,000) $57,000 Estimated Financial Gap $2,236,000 $2,200,000 $36,000
EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 2 2208010v2:SA:TRB
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As shown in the preceding table, KMA estimates the Project’s financial gap at $2.24 million. Comparatively, Habitat is requesting $2.20 million in financial assistance from the City. This equates to a $36,000, or less than 2% differential. As such, it can be concluded that the proposed City financial assistance will not provide a windfall profit to Habitat.

PROJECT DESCRIPTION
The proposed scope of development can be described as follows:

1. The Site area totals approximately 16,000 square feet, or approximately 0.37- acres of land area.

2. The Project’s unit mix can be summarized as follows:
a. The Project will include six for-sale units developed in three duplex buildings, which equates to a density of 16 units per acre. b. Each of the units will include three bedrooms and two bathrooms. c. Four units will be approximately 1,430 square feet of gross building area (GBA) and two units will be approximately 1,165 square feet of GBA, which results in an average unit size of 1,340 square feet of GBA; and d. The Project’s total GBA is estimated at 8,050 square feet.

3. Each unit incorporates an attached garage consisting of two parking spaces. An additional surface parking space will be provided for a van stall. This results in a total of 13 parking spaces for the Project.

4. All six units will be restricted to low income households per the definitions set forth in California Health and Safety Code (H&SC).

FINANCIAL GAP ANALYSIS
KMA prepared a pro forma analysis to estimate the Project’s financial gap. The analysis is located at the end of this memorandum, and is organized as follows:

EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 3 2208010v2:SA:TRB
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Table 1: Estimated Development Costs
Table 2: Estimated Available Revenue
Table 3: Estimated Financial Gap
Table 4: Silent Second Mortgage Revenue Calculation
Table 5: Affordable Sales Price Calculation
Estimated Development Costs (Table 1)
KMA reviewed Habitat’s October 2022 pro forma, and then independently prepared a pro forma analysis of the Project. The resulting construction costs are estimated as follows:

PROPERTY ACQUISITION COSTS
Based on information provided by Habitat, Habitat purchased the Site for $580,000, which equates to a purchase price of $36 per square foot of land area. Habitat did not provide an appraisal and/or purchase and sale agreement to confirm the purchase price.

DIRECT COSTS
The direct costs assume that the Project will not be subject to State of California and/or Federal Davis Bacon prevailing wage requirements. The direct costs can be summarized as follows:

1. The site improvement costs are estimated at $581,000, or $36 per square foot of land area.

2. The building costs are estimated at $1.58 million. This equates to $196 per square foot of GBA, or $263,000 per unit. KMA assumes that the general conditions and Habitat supervision costs are included in this line item.

3. A direct cost contingency allowance equal to 10% of other direct costs is provided.

KMA estimates the total direct costs at $2.38 million. This equates to $295 per square foot of GBA or $396,000 per unit.

EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 4 2208010v2:SA:TRB
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INDIRECT COSTS
KMA utilized the following assumptions in estimating the indirect costs:

1. The architecture, engineering and consulting costs are estimated at 12% of direct costs, or $285,000.

2. Habitat estimates the public permits and fees costs at $40,000 per unit, or $240,000. City staff should verify the accuracy of this estimate.

3. The taxes, legal and accounting costs are estimated at 3% of direct costs, or $71,000.

4. The insurance costs are based on Habitat’s estimate of $7,200 per unit, or $43,000.

5. The Developer Fee is set at $480,000, which equates to 13% of net development costs (excluding the Developer Fee). This estimate is within the range of similar projects.

6. An indirect cost contingency allowance equal to 10% of other indirect costs is provided.

KMA estimates the total indirect costs at $1.23 million.

FINANCING COSTS
The financing costs for the Project are estimated as follows:

1. The interest costs to be incurred during the construction period are estimated at $32,000. This cost estimate is based on the following assumptions:
a. KMA assumes that Habitat will obtain a construction loan from a 3rd party lender for the Project. KMA estimates the construction loan amount at $765,000, which is calculated based on the total development costs less 90% of the City’s financial assistance, Habitat fundraising assistance, Developer Fee, closing costs, and warranty costs.
b. KMA assumes that the construction loan will carry the following terms:

EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 5 2208010v2:SA:TRB
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i. A 7.0% interest rate;
ii. A 12-month construction period; and
iii. A 60% average outstanding balance.

2. The financing fees for the construction loan are estimated at 1.0 point, or $8,000.

3. The closing costs are set at 2% of affordable sales revenue, or $21,000.

4. The warranty costs are estimated at $43,000, or approximately $7,200 per unit.

KMA estimates the total financing costs at $104,000.

TOTAL DEVELOPMENT COSTS
As shown in Table 1, KMA estimates the total development costs at $4.29 million, which equates to a $21,000, or less than 1%, differential from Habitat’s estimated development costs.

It is important to note that the construction industry is currently experiencing extreme volatility with substantially high inflation. This analysis may need to be revised if the construction costs vary from the estimates utilized in the analysis.

Estimated Available Revenue (Table 2)
The revenue available to the Project is estimated as follows:

AFFORDABLE SALES PRICE CALCULATIONS
Habitat is proposing to sell all six units to Low Income households. KMA estimates the Affordable Sales Price based on the H&SC Section 50052.5 calculation methodology and the following assumptions (Table 5):

1. The household income used in the calculations is based on the 2022 Orange County median incomes distributed by the California Department of Housing and Community Development (HCD).

EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 6 2208010v2:SA:TRB
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2. Since the Project consists of more than four units, the Project is required to have a homeowner’s association (HOA). Based on a similar project recently developed by Habitat, the HOA dues are estimated at $425 per month, or $5,100 per year.

3. KMA estimates the homeowner’s insurance costs at 0.35% of the direct costs per unit, or $1,400 per year.

4. KMA estimates the monthly utilities costs at $227 per month for a threebedroom unit based on the 2022-2023 Utility Allowance Schedule published by the Santa Ana Housing Authority on October 1, 2022.

5. The property tax cost estimate is based on 1.25% of the estimated Affordable Sales Price.

6. The mortgage interest rate is set at 7.22%. The mortgage is assumed to be fully amortizing over 30-years and provided by a conventional lender.

7. The home buyer down payment is set at 5% of the Affordable Sales Price.

Based on the assumptions outlined above, KMA estimates the Low Income Affordable Sales Price at $175,500. The resulting affordable sales revenue is estimated at $1.05 million for the six Low Income units.

In comparison, Habitat estimates the affordable sales price at $185,000. Additionally, it is important to note that affordable sales price information that Habitat provided did not entirely follow the H&SC Section 50052.5 affordable sales price calculation methodology for calculating the estimated affordable sales prices. As such, the KMA and Habitat affordable sales price calculations may differ more materially in the future.

However, the affordable sales prices will ultimately be determined immediately prior to the sale of each unit. This analysis may need to be revised if the affordable sales prices differ from the sales prices utilized in this analysis.

ADDITIONAL REVENUE
Habitat proposes to utilize fundraising contributions to off-set a portion of the construction costs. As such, Habitat estimates the financial assistance that they can provide to the Project at $1.0 million, or $167,000 per unit.

EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 7 2208010v2:SA:TRB
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ESTIMATED AVAILABLE REVENUE
The Project’s estimated total available revenue is equal to the sum of the Affordable Sale Price revenue and the Project’s additional revenue. KMA estimates the total available revenue as follows:

Affordable Sales Price Revenue $1,053,000
Habitat Financial Assistance $1,001,000
Estimated Available Revenue $2,054,000
Financial Gap Calculation
The financial gap is estimated by deducting the Project’s available revenue from the Project’s total development costs. Based on the preceding analysis, KMA estimates the Project’s financial gap as follows:

KMA
Total Development Costs $4,290,000
(Less) Total Available Revenue (2,054,000)
Estimated Financial Gap $2,236,000
Per Unit $372,700
As shown in the preceding table, KMA estimates the Project’s financial gap at $2.24 million. Comparatively, Habitat estimates the Project’s financial gap at $2.20 million.

This equates to a $36,000, or less than 2% differential, which is primarily due the difference in affordable sales price calculations between KMA and Habitat.

Per Habitat’s assistance request, the City proposes to provide up to $2.20 million in Inclusionary Housing Funds to the Project. Since this amount is less than the financial gap identified by KMA, it is therefore KMA’s conclusion that the proposed assistance package will not provide a windfall profit to Habitat.

EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 8 2208010v2:SA:TRB
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SILENT SECOND MORTGAGE REVENUE CALCULATION (TABLE 4)
As a basic premise it must be assumed that the total of the liens accepted by a home buyer cannot exceed the unrestricted market value of the home. Furthermore, based on previous City homeownership projects, the City will record a second trust deed equal to the difference between the defined Affordable Sales Price and the estimated market value of the home.

KMA assumes that the City’s second trust deed will be structured as a deferred payment loan which are commonly known as silent second mortgages. These loans typically become due and payable when the home is resold to a non-affordable home buyer.

KMA assumes that the City’s silent second trust deed will fall second in the lien hierarchy behind the conventional first trust deed mortgage.

The calculations used to estimate the supportable silent mortgages are presented in the following sections of this analysis.

Market Rate Sales Prices
In Summer 2022, KMA conducted a survey of recent home sales comparables for the Project’s nearby market area for the purpose of estimated the current silent second mortgage amount. Based on this survey, KMA estimates the market rate sales price for an attached three-bedroom unit at $680,000.

Available Silent Second Mortgage Revenue
Based on the estimated market rate sales prices, the available silent second mortgage revenue is estimated at as follows:

ThreeBedroom Unit
Market Rate Sales Price $680,000
(Less) Affordable Sales Price (175,500)
Silent Second Mortgage Amounts (Per Unit) $504,500
EXHIBIT 3
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Judson Brown, City of Santa Ana October 27, 2022
Habitat Washington Avenue – Preliminary Financial Gap Analysis Page 9 2208010v2:SA:TRB
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It is important to note that this calculation will need to be revisited once sales of the units commence. At that point, the appraised market values of the homes and the defined Affordable Sales Prices will be utilized to determine the silent second mortgage amount.

CONCLUSIONS / ISSUES FOR CONSIDERATION
The following summarizes the conclusions of the KMA analysis:

1. Habitat is requesting $2.20 million in financial assistance from the City. Based on the currently available information, it is KMA’s conclusion that the Project exhibits a $2.24 million financial gap. This represents a $36,000, or less than 2% differential. Thus, it can be concluded that Habitat’s proposed financial assistance request is supported by the Project’s current economics.

2. The Affordable Sales Prices cannot be finalized until the Project commences sales activities. It is likely that the actual Affordable Sales Prices will vary from the amounts estimated in this analysis.

3. KMA recommends that the City retain 10% of the City’s financial assistance amount (or $220,000) until after the completion of construction. If the assumptions utilized in this analysis change materially, the financial gap analysis should be re-evaluated prior to the release of that amount to ensure that the $220,000 is still warranted by the Project.

4. It is important to note that the construction industry is currently experiencing extreme volatility with substantially high inflation. In addition, the financial markets are also experiencing volatility with respect to interest rates and underwriting standards. This analysis may need to be revised if the construction costs and/or financing assumptions vary from the estimates utilized in the analysis.

EXHIBIT 3
City Council 21 – 17 11/15/2022
TABLE 1

ESTIMATED DEVELOPMENT COSTS
6 FOR-SALE LOW INCOME UNITS

HABITAT FOR HUMANITY - WASHINGTON AVE

SANTA ANA, CALIFORNIA
I. Acquisition Costs 1 15,973 Sf Land $36 /Sf Land $580,000 II. Direct Costs 2
On-Site Improvements 15,973 Sf Land $36 /Sf Land $581,000 Building Costs 8,053 Sf GBA $196 /Sf GBA 1,578,000
General Conditions 3 0% Construction Costs 0
Habitat Supervision 3 0% Construction Costs 0
Contingency Allowance 10% Other Direct Costs 216,000
Total Direct Costs 6 Units $395,833 /Unit $2,375,000
III. Indirect Costs
Architecture, Engineering & Consulting 12% Direct Costs $285,000 Public Permits & Fees 4 6 Units $40,000 /Unit 240,000
Taxes, Legal & Accounting 3% Direct Costs 71,000
Insurance 6 Units $7,200 /Unit 43,000
Developer Fee 5 13% Net Development Cost (Excl. Dev Fee) 480,000 Contingency Allowance 10% Other Indirect Costs 112,000
Total Indirect Costs $1,231,000
IV. Financing Costs
Interest During Construction 6 $765,000 Loan 7.0% Interest $32,000 Loan Origination Fee $765,000 Loan 1.0 Point 8,000
Closing Costs 2.00% Sales Revenues 21,000
Warranties 6 Units $7,183 /Unit 43,000
Total Financing Costs $104,000
IV. Total Development Costs 6 Units $715,000 /Unit $4,290,000 1 Based on Habitat estimate. An appraisal or purchase and sale agreement was not provided for review. 2 3
4 5 Based on estimate provided by Habitat.
6 Based on Habitat estimates. Assumes that prevailing wage requirements will not be imposed on the Project.

The total loan amount is equal to the total development costs less the Developer Fee, closing costs, warranties, Habitat fundraising and 90% of the City's financial assistance amount. The construction loan interest is based on a 12-month construction period and is estimated to have a 60% average outstanding balance.

Based on Habitat estimates. City staff should verify the accuracy of this estimate.

Assumes that the general conditions and supervision costs are included in the Building Costs line item.

Prepared by: Keyser Marston Associates, Inc.

File name: Habitat Washington Avenue_10 27 22.xlsx; Pf
EXHIBIT 3
City Council 21 – 18 11/15/2022
TABLE 2

ESTIMATED AVAILABLE REVENUE
6 FOR-SALE LOW INCOME UNITS

HABITAT FOR HUMANITY - WASHINGTON AVE

SANTA ANA, CALIFORNIA
I. Projected Sales Revenue 1
Low Income Three-Bedroom Unit 6 Units $175,500 /Unit $1,053,000 II. Habitat Financial Assistance 2 6 Units $166,833 /Unit $1,001,000 III. Estimated Available Revenue 6 Units $342,330 /Unit $2,054,000 1 See TABLE 5 for the KMA affordable sales price calculations. 2 Per Habitat.

Prepared by: Keyser Marston Associates, Inc.

File name: Habitat Washington Avenue_10 27 22.xlsx; Pf
EXHIBIT 3
City Council 21 – 19 11/15/2022
TABLE 3

ESTIMATED FINANCIAL GAP
6 FOR-SALE LOW INCOME UNITS

HABITAT FOR HUMANITY - WASHINGTON AVE

SANTA ANA, CALIFORNIA
I. Total Development Costs See TABLE 1 $4,290,000
II. (Less) Estimated Available Revenue See TABLE 2 ($2,054,000) III. Estimated Financial Gap 6 Units $372,670 /Unit $2,236,000 Prepared by: Keyser Marston Associates, Inc.

File name: Habitat Washington Avenue_10 27 22.xlsx; Pf
EXHIBIT 3
City Council 21 – 20 11/15/2022
TABLE 4

SILENT SECOND MORTGAGE REVENUE SAMPLE CALCULATION
6 FOR-SALE LOW INCOME UNITS

HABITAT FOR HUMANITY - WASHINGTON AVE

SANTA ANA, CALIFORNIA
I. Silent Second Mortgage Amounts
Available Silent Mortgage Revenue
Estimated Market Rate Sales Price 1 $638,000
(Less) Low Income Affordable Sales Price 2 (175,500)
II. Available Silent Mortgage Revenue (Per Unit) $462,500 1 2 The final Affordable Sales Prices will be set prior to the sale of each unit.

Based on KMA survey of sales comparables for attached three-bedroom units in Summer 2022. The market rate sales price will be determined by a fair market value appraisal that assumes no income restrictions prior to the sale of each unit.

Prepared by: Keyser Marston Associates, Inc.

File name: Habitat Washington Avenue_10 27 22.xlsx; Pf
EXHIBIT 3
City Council 21 – 21 11/15/2022
TABLE 5

AFFORDABLE SALES PRICE CALCULATIONS

LOW INCOME SALES PRICES

HABITAT FOR HUMANITY - WASHINGTON AVE

SANTA ANA, CALIFORNIA
Low Income Sales Price 1
Three-Bedroom Unit
I. Income Available for Housing Expenses
Benchmark Household Size 4
Median Household Income $119,100
Income as % of Median 70.00%
% Income Allotted to Housing Costs 30.00%
Total Income Available for Housing Expenses $25,011
II. Ongoing Expenses
HOA Fees $5,100
Insurance @ 0.35% of Direct Costs Per Unit 1,385
Annual Utilities Allowance 2 2,724
Property Taxes @ 1.25% of Affordable Sales Price 2,194
Total Ongoing Expenses $11,403
III. Income Available for Mortgage Debt Service $13,608 IV. Affordable Sales Prices
Supportable Mortgage @ 7.22% Interest Rate 3 $166,700
Home Buyer Down Payment @ 5.00% of Affordable Sales Price 8,800 V. Affordable Sales Prices $175,500
1 2
3 Based on the utility allowances published by the Santa Ana Housing Authority on October 1, 2022.

Based on the interest rate published by Bankrate.com on October 24, 2022.

Based on the California Health and Safety Code Section 50052.5 definition. The affordable sales prices will ultimately be determined immediately prior to the sale of the units.

Prepared by: Keyser Marston Associates, Inc.

File name: Habitat Washington Avenue_10 27 22.xlsx; CC Afford EXHIBIT 3
City Council 21 – 22 11/15/2022
EXHIBIT4

PROPOSED PROJECT RENDERINGS/PRELIMINARY SITE PLAN

AND PHOTOS
City Council 21 – 23 11/15/2022
Current Structures
at
1921 Washington
Avenue
Habitat for Humanity of
Orange County
will demolish these
structures
to build affordable
housing units
City Council 21 – 24 11/15/2022
6 Units
Conceptual Site Plan
1921 W Washington Ave
Santa Ana, CA 92706
September 12, 2022 CONCEPT PLAN NOT FOR CONSTRUCTION
Habitat for Humanity
Orange County
9/13/2022 5:29:03 PM
 City Council 21 – 2511/15/2022  dining
kitchen
Plan 2X: 1,168 sf
(ADA at ground flr)
bed 1
bed 3
bed 2
living
1921 W Washington Ave
Santa Ana, CA 92706
September 12, 2022 CONCEPT PLAN NOT FOR CONSTRUCTION
Habitat for Humanity
Orange County
FIRST

FLOOR PLAN
wall legend
9/13/2022 5:33:19 PM
 City Council 21 – 2611/15/2022  Plan 2: 1,165 sf
Upper Flr Unit
dining
kitchen
bed 1
bed 3
bed 2
living
balcony
1921 W Washington Ave
Santa Ana, CA 92706
September 12, 2022 CONCEPT PLAN NOT FOR CONSTRUCTION
Habitat for Humanity
Orange County
SECOND

FLOOR PLAN
wall legend
9/13/2022 5:35:36 PM
 City Council 21 – 2711/15/2022  City Council 21 – 28 11/15/2022
City Council 21 – 29 11/15/2022
Human Resources
www.santa-ana.org/human-resources
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Memorandum of Understanding between the City of Santa Ana and Service Employees International Union Local 721, Part-Time Non-Civil Service Unit AGENDA TITLE:

Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by Service Employees International Union (SEIU), Local 721, Part-Time Non-Civil Service Unit

RECOMMENDED ACTION
Authorize the City Manager to execute a Memorandum of Understanding with Service Employees International Union Local 721, Part-Time Non-Civil Service Unit regarding wages, hours, and other terms and conditions of employment effective November 16, 2022 through November 15, 2024, and authorize non-substantive changes which may be necessary to implement the agreement.

DISCUSSION
The prior Memorandum of Understanding between the City of Santa Ana and Service Employees International Union (“SEIU”) Local 721, Part-Time Non-Civil Service Unit (“PTNCS”) expired in June 2017. Since that time, employees represented by SEIU Local 721 PTNCS Unit have not received any salary adjustments, except for certain classifications that were impacted by minimum wage increases in 2020. The City recently reached a tentative agreement with the SEIU PTNCS Unit, on a two (2) year Memorandum of Understanding effective November 16, 2022 through November 15, 2024. The tentative agreement has been ratified by membership.

The major provisions of the agreement include: salary increases of five percent (5%) effective the first pay period following City Council approval of the MOU and five percent (5%) in July 2023; a one-time payment of two thousand dollars ($2,000) for employees with an original hire date prior to May 1, 2020 and those who have since been rehired, and a one-time payment of three hundred dollars ($300) for all other employees (who do not qualify for the one-time two thousand dollar ($2,000) payment); the establishment of a retirement health savings plan for employees, who will contribute City Council 22 – 1 11/15/2022
Memorandum of Understanding between the City of Santa Ana and Service Employees International Union Local 721, Part-Time Non-Civil Service Unit November 15, 2022

Page 2 ends

three quarters of one percent (0.75%) into the accounts each pay period; and clarifying language on issues of employment.

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

FISCAL IMPACT
The estimated annual cost of the agreement is $502,766 for FY 2022-23, $326,351 for FY 2023-24, and $122,339 for FY 2024-25, for a total estimated cost of $951,456 over the term of the agreement. Approximately 75% of part-time staffing costs are borne by the General Fund. Therefore, the expected fiscal impact to the General Fund is approximately $377,075 for FY 2022-23, with a similar proportionate impact for the subsequent fiscal years.

The FY 2022-23 General Fund budget includes an allocation for the additional cost of labor negotiations within the Non-Departmental section of the budget. With the Midyear Budget Report in February, staff will propose housekeeping adjustments to move portions of that Non-Departmental budget to the affected department budgets within the General Fund.

EXHIBIT(S)

1. Memorandum of Understanding between the City of Santa Ana and Service Employees International Union Local 721 Part-Time Non-Civil Service Unit Submitted By: Jason Motsick, Executive Director of Human Resources Approved By: Kristine Ridge, City Manager
City Council 22 – 2 11/15/2022
1 NOVEMBER 16, 2022 – NOVEMBER 15, 2024

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA CITY EMPLOYEES, CHAPTER 1939/SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 721, PART TIME NON CIVIL SERVICE

EMPLOYEE REPRESENTATION UNIT
City Council 22 – 3 11/15/2022
2 TABLE OF CONTENTS
ARTICLE I...................................................................................................................................................3

1.0 RECOGNITION ............................................................................................................................3 ARTICLE II.................................................................................................................................................3

2.0 NON-DISCRIMINATION ............................................................................................................3 ARTICLE III................................................................................................................................................3

3.0 WORKING CONDITIONS...........................................................................................................3 ARTICLE IV................................................................................................................................................4

4.0 COMPENSATION AND OVERTIME.........................................................................................4 ARTICLE V .................................................................................................................................................8

5.0 UNION TRUST & INSURANCE.................................................................................................8 ARTICLE IV................................................................................................................................................9

6.0 CITY PAID TRAINING/INSTRUCTION....................................................................................9 ARTICLE VII..............................................................................................................................................9

7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS......................................................9 ARTICLE VIII...........................................................................................................................................10

8.0 MISCELLANEOUS PROVISIONS............................................................................................10 ARTICLE IX..............................................................................................................................................12

9.0 GRIEVANCE PROCEDURE......................................................................................................12 ARTICLE X ...............................................................................................................................................14

10.0 DUES DEDUCTION & INDEMNIFICATION..........................................................................14 ARTICLE XI..............................................................................................................................................14

11.0 CITY RIGHTS.............................................................................................................................14 ARTICLE XII............................................................................................................................................16

12.0 EMERGENCY WAIVER PROVISION .....................................................................................16 ARTICLE XIII...........................................................................................................................................16

13.0 SEPARABILITY PROVISION...................................................................................................16 ARTICLE XIV...........................................................................................................................................16

14.0 EMPLOYEE ORIENTATION ....................................................................................................16 ARTICLE XV ............................................................................................................................................17

15.0 TERM OF AGREEMENT...........................................................................................................17 EXHIBIT A ................................................................................................................................................20 City Council 22 – 4 11/15/2022
3 ARTICLE I

1.0 RECOGNITION

1.1 Pursuant to the provisions of the Meyers-Milias-Brown Act, Government Code Section 3500, et seq., the City of Santa Ana (hereinafter called the “City”) has recognized Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, (hereinafter called the “Union”) as the exclusive representative of the representation unit which includes part time personnel employed by the City as defined in Section 1.2 of this Memorandum of Understanding (hereinafter called the “MOU”).

1.2 The Union represents employees in the classifications listed in Exhibit A of this MOU.

1.3 Per Article X, Section 1002 of the City Charter of the City of Santa Ana, all Part Time positions or employments requiring less than twenty (20) regular hours of employment per week are in the “Excepted Service” of the City. Employees in this unit are part of the Excepted Service and are not covered by the City’s Civil Service System. Nothing in this MOU shall be deemed to confer any vested rights or rights greater than those provided in the Charter or ordinances of the City to employees in the unit.

ARTICLE II

2.0 NON-DISCRIMINATION

2.1 The City and the Union agree that they shall not discriminate against any employee because of political affiliation, union activities, union membership, union leadership roles, race, color, sex, age, national origin or alienage, sexual orientation, political or religious opinions or affiliations, religious creed, ancestry, physical disability, medical condition, genetic information, marital status, gender, gender identity, gender expression, military or veteran status, status as a part-time worker, and other protected classifications as defined by the California Fair Employment and Housing Act (FEHA).

ARTICLE III

3.0 WORKING CONDITIONS

3.1 Hours of Work. The Department Head, or his or her designee shall determine the number of hours of work per day and work which any employee may be required to work, or whether such Part Time employee shall work at all.

A. Rest Period. A paid rest period of fifteen (15) minutes may be granted during each work period of four (4) or more consecutive work hours, subject to the operational needs and staffing requirements of the department during that period.

City Council 22 – 5 11/15/2022
4 B. Meal Period. Part Time employees who are scheduled to work and who work a minimum of six (6) hours in a day shall be entitled to an unpaid lunch period of one-half (½) hour. Such non-paid lunch periods shall be scheduled at or about the midpoint of each work shift.

3.2 Maximum Hour Limits. Employees are limited to a maximum of twenty (20) hours of work per week except when an employee is placed on emergency appointment.

A. Employees who are not members of the California Public Employees Retirement System (CalPERS) are limited to a maximum of nine hundred and ninety-nine (999) hours per fiscal year (July 1 each year through June 30 of the following year).

B. Part time employees who are members of CalPERS may work up to a maximum of 1040 hours per fiscal year.

The City will provide timely notification to Part Time employees prior to the attainment of their maximum annual limit of work hours, but failure to provide such notification shall not be the basis for any liability of the City.

3.3 Sub-Contracting. In the event the City decides to sub-contract the work currently performed by bargaining unit employees it will provide notice and an opportunity to meet and confer to the Union.

ARTICLE IV

4.0 COMPENSATION AND OVERTIME

4.1 Wage Rate Schedule. The wage rates for the designated class titles for employees in the unit are set forth in Exhibit A.

Effective on the first day of the pay period following City Council approval of this MOU, the base salaries for all employees in the bargaining unit will be increased by five percent (5.00%).

Effective on the first day of the pay period following July 1, 2023, the base salaries for all employees in the bargaining unit will be increased by five percent (5.00%).

All employees in the bargaining unit as of City Council approval of the MOU with an original hire date prior to May 1, 2020, and for those who have been since re-hired who are active in the unit will receive a one-time payment of two thousand dollars ($2,000.00).

At the same time, all other active employees in the unit who do not qualify for the one two thousand dollar ($2,000.00) one-time payment, shall receive a one-time payment of three hundred dollars ($300.00). The payment will be made as soon as practicable but no later than sixty (60) days of approval of the MOU.

City Council 22 – 6 11/15/2022
5 4.2 Compensation for Hours Worked. An employee’s paycheck shall reflect the actual hours worked during that pay period.

A. Adjustment of Time Sheets. The Employee must be given an explanation of any changes to his/her time sheet within 24 hours of any change.

B. Pay Day: If an employee’s timesheet and/or paycheck payroll record (i.e., electronic payroll entries) is not processed in the applicable designated pay period and the employee is not at fault for improperly submitting paperwork, the employee may request a special paycheck to be paid within five business days of the regular pay day. The employee must verify that they have submitted the proper paperwork by the department payroll deadline and the Department will have the opportunity to review the claim. Upon confirming the employee is not at fault, the special paycheck will be produced within five business days.

4.3 Initial Wage Rate.

The initial wage rate for new employees covered by this MOU shall be the lowest rate assigned to the class title in the Wage Rate Schedule (Exhibit A) to which the employee is appointed; provided, however, the Appointing Authority may appoint a new employee at a higher step in the applicable wage rate range assigned to the class title if there has been unusual difficulty in recruiting competent employees at the lowest rate, or the higher initial rate selected is commensurate with the education and experience of the appointee.

4.4 Advancement within Ranges.

Employees shall advance steps within their wage range (e.g., from Step A to Step B and from Step B to C, etc.) after completing 1040 hours of work (which includes, hours paid for sick leave, jury duty and work on a holiday) at each step. Employees shall move to the next Step on the range effective the first day of the pay period following the date of completion of 1040 work hours until they are at top step (Step E).

4.5 Bilingual Pay. An employee who is assigned by a Department Head or his or her designee to a position requiring bilingual capability in both English and any other language, shall be paid an hourly assignment pay differential in accordance with the criteria and amounts set forth below:

A. Certification by the Executive Director of Human Resources or designee, as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capability.

B. Positions where it has been determined by the Department Head that bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or City Council 22 – 7 11/15/2022
6 emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major, essential or integral element of the work being performed, shall be designated as Primary Bilingual Assignments. Employees in such positions shall be paid in a differential of one dollar and one cent ($1.01) per hour starting in the pay period after the employee is approved for bilingual pay.

C. Positions where it has been determined by a Department Head that regular and frequent bilingual usage is necessary to the performance of duties, but not major, essential, or integral element of the work, shall be designated as a Secondary Bilingual Assignment. Employees in such position shall be paid a differential of twenty-three cents ($.23) per hour starting in the pay period after the employee is approved for bilingual pay.

D. The City may require periodic recertification of bilingual capability.

4.6 Deferred Compensation Retirement. The City has adopted a qualified retirement plan for all employees in the unit not covered by CalPERS to comply with the Omnibus Budget Reconciliation Act of 1990. This plan is a qualified Section 457 Deferred Compensation Plan. This Plan is currently set up through the Public Agency Retirement Services (PARS).

A. Employees covered by this pan (i.e., all employees in the unit who are not enrolled in CalPERS) shall be required to contribute 3.75% of their wages into the Plan.

B. The City agrees to contribute 3.75% of all employees’ (enrolled in this plan and not in CalPERS) wages into the employees’ retirement plan.

C. If, at any time in the future, it is determined by the Internal Revenue Service, a court or a change in the law that this plan does not qualify as a qualified alternative retirement system to Social Security coverage, the City shall discontinue its contributions into the plan for employees in the plan. The City shall not assume responsibility for the payment of any back taxes due for Social Security coverage or for payments to any other qualified retirement plan except for those payments mandated by law to be paid for by an employer.

D. Employees Covered By CalPERS. Employees who are required to be enrolled in the California Public Employees’ Retirement System (CalPERS) because they work in excess of 999 hours in any fiscal year are subject to the following:

Miscellaneous members who do not qualify as “New Members” under the California Public Employees’ Pension Reform Act of 2013 (PEPRA), shall be enrolled in the 2.7% @ 55 benefit formula per Government Code section 21354.5 and shall pay the 8% member contribution. “New members” as defined by PEPRA will be enrolled in the 2% @ 62 benefit formula per Government Code section City Council 22 – 8 11/15/2022
7 7522.20(a) paying one half of the normal cost rate, as established each year by CalPERS.

E. The City at no time shall be required to pay contributions to the two separate retirement systems provided to employees in this unit – (for example CalPERS and PARS). Employees in this unit are either members of CalPERS or PARS, not both.

However, employees in this unit may participate in the voluntary 457 Deferred Compensation Plan.

4.7 Overtime. Any work in excess of forty (40) hours in a workweek shall entitle the employee to overtime compensation, at a rate equal to one and one-half (1 ½) times the employee’s regular hourly rate of pay.

A. Employees who work overnight trips and remain available for duty for any 24 hour period shall be paid for 16 hours each 24 hour period.

B. Any partial day worked shall be paid based on actual hours worked on that day.

4.8 Holidays. Employees who are required to work on an official City holiday will be compensated at time and one-half (1.5x) for all hours worked. In those years when an employee works on July 4th but the City observes the holiday on July 3rd, that employee will be compensated at time and one-half (1.5x) for all hours worked on the July 4th. If an employee works both July 3rd and July 4th they will only receive the time and one-half compensation for one of those days.

4.9 Report Pay. Any employee who reports to work for a scheduled shift of 2 hours or more, but is dismissed prior to the completion of 2 hours, shall be compensated for a total of 2 hours.

4.10 Callback Pay. An employee required to report to work when not scheduled, will receive a minimum 1 hour of pay.

4.11 Paid Leave Time. Employees shall be allowed paid time off if any of the following occur during their regular work hours: City conducted job examinations/interviews, jury duty and if subpoenaed as a witness in City related litigation.

4.12 Paid Sick Leave. Employees accrue paid sick leave hours and utilize such time for purposes defined by California’s Healthy Workplaces/Healthy Families Act of 2014.

All employees in the unit may accrue up to 24 hours of sick leave per calendar year (employees accrue one (1) hour for each 30 hours worked up to 24 hours per calendar year) with a maximum accrual of 48 hours. Any unused accrued sick leave shall carry over to the following year of employment per Labor Code section 246(d). Each employee can use City Council 22 – 9 11/15/2022
8 accrued sick leave time beginning the 90th day of employment. If sick leave abuse is suspected, an employee may be required to produce a physician certificate verifying that the employee was sick. Employees may use any of their accrued sick leave as defined by law.

Employees may use up to fifty percent (50%) of the total leave time available for use in a calendar year for personal necessity. Personal necessity is defined as follows: a) to attend to a serious accident to members of the employee’s immediate family; b) childbirth; c) to cope with imminent danger to the employee’s family, home, or other valuable property; d) to attend to medical or dental appointments for members of the employee’s household; e) when the existence of external circumstances beyond the employee’s control make it impossible for him or her to report for duty.

4.13 Pregnancy Disability Leave. Employees are covered by the Pregnancy Disability Leave Act which includes the ability to receive up to four months of leave for pregnancy disability.

ARTICLE V

5.0 UNION TRUST & INSURANCE

5.1 Union Trust Fund. The Union established a trust fund to reimburse active unit employees for certain benefits. The eligibility criteria and benefit levels have been developed, administered and managed solely by the union.

The Trust Fund was established in accordance with federal and state laws and the Union shall defend and indemnify the City for any claims regarding the administration of, or the payment of, benefits arising out the administration of the Trust Fund. The Union may elect to cover the costs of establishing and administering the Trust from the City’s allocation.

The City will set aside the sum of $200,000 on an annual basis to the fund administered by the Union. Annual payments will be made by February 1st of each year.

5.2 Insurance Benefits. Employees may voluntarily participate in the insurance programs offered by the Union’s Benefit Trust through payroll deduction.

5.3 Retirement Health Savings (RHS) Plan.

Effective in the pay period following City Council approval of this MOU, employees shall participate in the City’s RHS Plan. Three quarters of one percent (.75%) will be deducted from each employee’s base pay and deposited into their individual RHS account each pay period. This contribution shall be made on a pre-tax basis.

City Council 22 – 10 11/15/2022
9 ARTICLE IV

6.0 CITY PAID TRAINING/INSTRUCTION

6.1 The City will provide the necessary training and orientation so that new employees are advised of City-wide policies and procedures and those relating to their assigned work unit.

If an employee is required by his or her Department Head to attend a workshop, seminar, conference or similar training/educational activity, the cost of the training shall be paid by the City and the employee shall be paid for his/her time in the training as hours worked.

The employee may be relieved of their work duties during the training.

ARTICLE VII

7.0 UNIFORM MAINTENANCE, SAFETY SHOES & TOOLS

7.1 Uniform Maintenance. All employees who are required by the City to wear a uniform while on duty shall be provided a sufficient number of clean uniforms per fiscal year at no cost to the employee. Employees may request additional uniforms based on operational need or to replace worn uniforms with uniforms that are in good condition. The Department shall make a reasonable effort to accommodate all such requests. The City shall provide weather gear (hat, rain gear, rain boots, and a plastic water bottle) for field personnel.

7.2 Safety Shoes.

A. The City agrees to pay up to two hundred dollars ($200) per fiscal year per eligible employee, for the purchase and/or repair of approved safety shoes/boots. The option of purchase and/or repair shall be at the sole discretion of the employee.

B. All safety shoes/boots purchased under this program must meet the requirements under the American Society for Testing and Materials (ASTM) F 2412-05 and F 2413-05.

C. If a particular class is designated as required its incumbents to wear safety shoes., then it will be mandatory for all incumbents of that class to wear the type of safety shoe (boot or low-quarter) deemed to be appropriate by the Department Head (some exemptions may be allowed, on a case-by-case basis, depending on the type and amount of exposure to hazard in particular positions) and subject to the approval or disapproval of the Executive Director of Human Resources or designee.

City Council 22 – 11 11/15/2022
10 D. The procedure necessary to be followed for the implementation and operation of this program shall be in accordance with the existing policies and procedures as previously established by the City.

7.3 Tool Reimbursement Policy. Unit employees with at least one year of service, who are assigned to fleet and are required to use their own tools, will receive a tool reimbursement up to $500 per fiscal year.

ARTICLE VIII

8.0 MISCELLANEOUS PROVISIONS

8.1 During the term of this Agreement:

A. Personnel rules and regulations and departmental rules and regulations exist within the City. These rules and regulations shall be continued to the extent they do not conflict with provisions of this Agreement. Such rules and regulations may, from time to time, be changed by the City. If these changes affect wages, hours, and/or other terms and conditions of employment, the City shall meet and confer with the Union; provided, further, however, no provision of the rules and regulations shall be changed to conflict with provisions of this MOU.

B. If any employee with less than five years of service (5200 hours) is terminated from employment with the City, he or she may request a review of the action with the Department head or designee prior to the effective date of the action. Said meeting shall be held prior to the effective date of the action.

If any employee with at least five (5) years of service (5200 hours) is scheduled to be terminated from employment with the City, he or she may request a review of the action with the Department Head or designee and said meeting will take place prior to the effective date of the termination. Employees may request further review of the action and the Department Head’s response from the City Manager or his/her designee prior to the termination date.

C. Union Release Time for Union Officials, Board Members, and Employee Representatives.
1) The City’s Executive Director of Human Resources or designee shall be provided with a list of names and classification titles of the employees serving as the Union’s Board members, Officers, and Employee Representatives. Such Board members, Officers, and Employee Representatives shall be considered work site representatives.

City Council 22 – 12 11/15/2022
11 2) During the term of this MOU, the City agrees to grant a up to a total of fifty (50) hours per fiscal year which cannot be carried over to another fiscal year if not used, to this bargaining unit to allow its work site representatives, without loss of pay, to perform the responsibilities of their positions as follows: the investigation and processing of grievances, including representation at all levels of the grievance procedure; meetings with Department Heads involving the termination of employees, and joint labor-management meetings. 3) Work site representatives shall make advance arrangements with their supervisors prior to absenting themselves for such purposes and shall be required by the City to record and report to their supervisors on the work time spent in assisting other employees or on Union business, as defined in #2 above.

Such time shall be recorded as “union representative time.” 4) Officers, worksite leaders/stewards and/or paid Union representatives shall be permitted to visit break and lunch areas designated by the City, before or after work or during designated lunch periods for the purpose of discussing Union business, provided that arrangements are made in advance with the manager responsible for the worksite.

D. Executive Board Member’s Union Release Time.
1) The City’s Executive Director of Human Resources or designee shall be provided with the name and classification title of the unit employee serving as the Union’s Executive Board Member.
2) One (1) designated SEIU Local 721 Executive Board Member shall be allowed up to 20 hours per year without loss of pay and benefits to perform the responsibilities, of his/her position.
3) The Union shall reimburse the City for 100% of the salary, including any premium payments and benefit costs for Union Release Time. 4) The Union agrees to pay for Union Release Time within thirty (30) days of receiving the bill from the City.
5) The Executive Board Member shall make advance arrangements with his or her supervisor prior to absenting him or herself from work related to his or her union responsibilities and shall be required by the City to record and report to his or her supervisor on the work time spent in Union Release Time. Such time shall be recorded as “union release time.”
City Council 22 – 13 11/15/2022
12 E. If, at some point in the future, the President for the SEIU 721/Association bargaining unit is elected from the Part Time Non-Civil Service category of employment, then all rights and privileges pertaining to President’s leave shall apply.

F. Electronic Time keeping. The City agrees to meet and confer over the impacts of its decision when and if it desires to implement an electronic time keeping system.

G. Promotional Opportunities. The City shall give employees in this unit the opportunity to apply for full-time “open,” “open and promotional,” and “restricted” positions.

H. Expense Reimbursement. The City shall reimburse employees for any preapproved work-related expenses.

ARTICLE IX

9.0 GRIEVANCE PROCEDURE

9.1 Nothing in this grievance procedure shall be deemed to confer any vested rights or rights greater than those provided in the Charter or ordinances of the City of Santa Ana to employees in this unit.

9.2 Definition of a Grievance. A grievance shall be defined as a timely complaint by an employee or group of employees or the Union concerning the interpretation or application of specific provisions of this MOU, and/or the City’s personnel and/or departmental rules applicable to Unit employees.

No employee shall suffer any reprisal because of filing or processing of a grievance or participation in the Grievance Review Procedure.

9.3 Informal Process – First Step.

A. An employee and/or his or her designated representative must first attempt to resolve the grievance on an informal basis through discussion with his or her immediate supervisor without undue delay, but in no case, beyond a period of fifteen (15) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance.

B. Every effort shall be made to find an acceptable solution to the grievance through this informal means at the most immediate level of supervision.

City Council 22 – 14 11/15/2022
13 C. In order that this informal procedure may be responsive, both parties involved shall expedite this process. If, within fifteen (15) calendar days, a mutually acceptable solution has not been reached at the informal level, the employee and/or the employee’s designated representative shall then set forth the grievance in writing, indicate the nature of the action desired, sign it, and submit it in duplicate to the employee’s Department Head. At this point, the grievance review process becomes formal. Should the grievant fail to file a written grievance, and in the manner specified above within fifteen (15) calendar days after first discussing the grievance with the employee’s immediate supervisor, the grievance shall be barred and waived.

D. Any resolution of the grievance at the informal stage by any person other than a mid-level manager or above shall not become precedence or be used to establish past practice regarding implementation, interpretation, or application of this MOU.

9.4 Formal Process.

A. Second Step. The Department head, or his or her designated representative, shall meet with the employee and/or the employee’s designated representative within fifteen (15) working days after the grievance has been submitted to the Department Head. The Department Head, or his or her designated representative, shall review the grievance and may affirm, reverse or modify the disposition made at the First Step and shall deliver his or her answer to the employee and/or the employee’s designated representative within ten (10) calendar days after the meeting.

B. Third Step. If the grievance is not satisfactorily resolved at the Second Step, the employee and/or the employee’s representative may submit the grievance in writing to the City Manager, or his or her designated representative, within thirty (30) days of being informed of the disposition made at the Second Step. Failure of the grievant and/or his or her designated representative to take this action shall constitute a waiver and bar to the grievance, and the grievance shall be considered settled on the basis of the disposition made at the Second Step.

The City Manager, or his or her designated representative, shall meet with the employee and/or the employee’s designated representative, within fifteen (15) calendar days after submission of the grievance. The City Manager, or his or her designated representative, after careful review, may affirm, reverse or modify the disposition made at the Second Step and his or her decision, which shall be final and binding, shall be delivered, in writing, to the employee and/or the employee’s designated representative within fifteen (15) calendar days after the meeting.

City Council 22 – 15 11/15/2022
14 9.5 Reservation of Rights. After the procedure set forth in this Article has been exhausted, the grievant, the Union, and the City shall have all rights and remedies to pursue said grievance under the law.

ARTICLE X

10.0 DUES DEDUCTION & INDEMNIFICATION

10.1 Union Dues.

When an employee is hired they shall participate in an employee orientation process with the Union. If following the employee orientation process, the employee returns an Authorization form authorizing the deduction of union dues, the City shall initiate the payroll deduction of Union dues, beginning the first pay period of employment if returned within three calendar (3) days of the orientation or effective on the next pay period if returned any other time.

The Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the provisions herein.

In no event shall the City be required to pay from its own funds, Union Dues, which the employee was obligated to pay, but failed to pay, regardless of the reasons.

ARTICLE XI

11.0 CITY RIGHTS

11.1 The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU.

The sole and exclusive rights of Management, as they are not abridged by this MOU or by law, shall include but not be limited to the following rights:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or nonexistence of facts which are the basis of the Management decision.

C. To determine the necessity of organization of any service or activity conducted by the City and expand or diminish services.

D. To determine the nature, manner, means, technology, and extent of services to be provided to the public.

City Council 22 – 16 11/15/2022
15 E. To determine methods of financing.

F. To determine types of equipment and/or technology to be used.

G. To determine and/or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted.

H. To determine and change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions including but not limited to the right to contract for or subcontract any work or operation of the City.

I. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish and change work schedules and assignments.

J. To relieve employees from duties for lack of work or similar non- disciplinary reason, subject to the provisions of the City Charter, Municipal Code, Federal and State law and this MOU.

K. To establish and modify productivity and performance programs and standards.

L. To discharge, suspend, demote, or otherwise discipline employees for proper cause in accordance with the provisions set forth in the City Charter and Santa Ana Municipal Code.

M. To determine job classifications and to reclassify employees.

N. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this MOU.

O. To determine policies, procedures, and standards for selection and training and promotion of employees.

P. To establish employee performance standards including but not limited to quality and quantity standards and to require compliance therewith.

Q. To maintain order and efficiency in its facilities and operations.

R. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City which are not in contravention with this MOU.

City Council 22 – 17 11/15/2022
16 S. To take any and all necessary action to carry out the mission of the City in emergencies.

11.2 Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management’s rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Union regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU.

ARTICLE XII

12.0 EMERGENCY WAIVER PROVISION

12.1 In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU and/or personnel and/or departmental rules applicable to unit employees, which restrict the City’s ability to respond to these emergencies, shall be suspended for the duration of such emergency. After the emergency is declared over, this MOU shall be effective immediately. The Union shall have the right to meet and confer with the City regarding the impact on employees of the suspension of the provisions in the MOU during the course of the emergency.

ARTICLE XIII

13.0 SEPARABILITY PROVISION

13.1 Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value.

ARTICLE XIV

14.0 EMPLOYEE ORIENTATION
Each new employee shall be scheduled to attend an orientation. The City shall provide the Union with no less than ten (10) calendar days' advance written notice of the date, time and location of the orientation. The City may provide shorter notice only in a specific instance where there is an urgent need critical to the City's operations that was not reasonably foreseeable. Such notice shall be sent to the Union via an email to [email protected], the designated SEIU Worksite City Council 22 – 18 11/15/2022
17 Organizer, and the Chapter President. The notice shall also include the new employee's name, employee identification number (if assigned yet), and job title.

After receiving notice of each employee orientation, the Union will inform Human Resources as to whether an SEIU representative will or will not attend.

If an SEIU representative will not be able to attend the scheduled employee orientation, the Union may deliver union related documents contained within an envelope or welcome packet for each new employee for Human Resources staff to hand to the new employee at the orientation. The City will not discuss or answer questions related to these documents other than to inform the new employee that they are from the union that exclusively represents his/her classification. In addition, the employee will be informed that if he/she has any questions regarding the documents and/or union, he/she should contact his/her Union representative.

If the Union informs the City that an SEIU representative will attend the employee orientation, the City agrees to provide each new employee with up to thirty (30) minutes, while remaining on paid duty time, to meet with his/her union representative during the orientation. No management representative shall be present during the Union's presentation of the employee orientation. In the event the union representative providing the orientation is an employee of the City (i.e., Chapter President, union officer, worksite leader, or steward), he/she shall also be provided with up to thirty (30) minutes of paid release time in which to conduct the union's portion of the orientation.

No more than one (1) City employee at a time shall be released to conduct the Union's presentation during the orientation.

ARTICLE XV

15.0 TERM OF AGREEMENT

15.1 This MOU will expire on November 15, 2024. The City is willing to begin negotiations for a successor MOU by March 1, 2024 if requested by February 1, 2024 by the union. If the union makes a request after February 1, 2024, the City agrees to begin negotiations within thirty (30) days of the request to bargain from the union.

City Council 22 – 19 11/15/2022
18 CITY OF SANTA ANA, A Municipal
Corporation of the State of California
Dated: By:

MAYOR
Dated: By:

CITY MANAGER
Dated: By:

EXECUTIVE DIRECTOR OF

HUMAN RESOURCES
ATTEST: APPROVED AS TO FORM:

CLERK OF THE COUNCIL Peter Brown
Labor Attorney
This Agreement has been ratified by the membership of the Santa Ana City Employees, Chapter 1939/Service Employees International Union Local 721, Part Time Employees Representation Unit.

Dated:

Kristin Aldridge
Chief Negotiator
Dated: By:

Monica Suter
SEIU President
City Council 22 – 20 11/15/2022
19 Dated:

Renee Hernandez
Board Member
Dated: By:

Carmen Acosta
Board Member
City Council 22 – 21 11/15/2022
20 SEIU PART-TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE NOVEMBER 26, 2022

EXHIBIT A

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Account Clerk I 09041 20.48 21.47 22.54 23.68 24.85
Account Clerk II 09042 22.65 23.77 24.99 26.21 27.52
Administrative Aide 09770 25.96 27.26 28.61 30.05 31.55 Animal Keeper 09000 16.31 17.13 17.99 18.89 19.83
Building Maintenance Assistant 09215 22.31 23.42 24.59 25.85 27.10 Cashier 09040 15.86 16.65 17.48 18.35 19.27
Clerical Aide 09060 16.17 16.99 17.80 18.69 19.62
Clerk Typist 09090 21.21 22.27 23.38 24.55 25.78
Combination Inspector 09800 31.71 33.27 34.97 36.70 38.56 Community Center Aide 09100 21.20 22.26 23.37 24.54 25.77 Computer Technician 09690 20.63 21.66 22.75 23.90 25.11 Customer Service Clerk 09780 21.26 22.31 23.43 24.60 25.85 Data Entry Clerk 09120 17.63 18.52 19.48 20.43 21.46
Engineering Apprentice 09471 21.81 22.90 24.05 25.25 26.51 Equip. Svc. Attendant 09140 19.85 20.81 21.89 22.94 24.12 Information Desk Clerk 09755 17.80 18.69 19.62 20.60 21.63 Janitor 09170 16.26 17.07 17.92 18.82 19.78
Library Associate 09271 19.91 20.91 21.95 23.06 24.22
Library Clerk I 09200 16.59 17.40 18.28 19.22 20.15
Library Clerk II 09210 18.38 19.29 20.23 21.26 22.31
Maintenance Attendant 09230 15.75 16.54 17.09 17.94 18.84 Mobile Library Clerk 09280 20.21 21.26 22.29 23.42 24.59 Municipal Utility Reader/Collector 09775 20.34 21.36 22.41 23.54 24.72

Page 09290 ends

Park Maintenance Assistant 09300 17.23 18.10 19.02 19.97 20.98 Park Ranger (Part Time) 03615 28.60 30.04 31.53 33.13 34.80 Permit Parking Aide 09505 21.95 23.05 24.22 25.41 26.68 Planning Technician 09135 26.08 27.37 28.75 30.19 31.71 Police Records Clerk 09330 19.28 20.21 21.26 22.29 23.42 Police Supply Clerk 09340 19.33 20.30 21.32 22.39 23.51 Program Coordinator 08160 19.23 20.19 21.20 22.26 23.37 Program Leader 09360 15.82 16.61 17.44 18.31 19.23
Purchasing Clerk 09720 20.39 21.41 22.50 23.61 24.78
Recreation Facility Attendant 09395 17.23 18.10 19.02 19.97 20.98 Right-of-Way Technician 09900 16.40 17.23 18.12 19.01 19.93 City Council 22 – 22 11/15/2022
21 JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Senior Clerical Aide 09070 17.80 18.69 19.62 20.60 21.63 Senior Library Associate 09270 21.14 22.19 23.28 24.47 25.68 Senior Program Leader 09400 16.61 17.44 18.31 19.23 20.19 Special Events Leader I 09430 16.21 17.02 17.87 18.76 19.70 Special Events Leader II 09440 19.78 20.77 21.81 22.90 24.05 Sr. Maintenance Aide 09250 15.88 16.66 17.49 18.38 19.30 Sr. Maintenance Worker 09260 19.30 20.27 21.28 22.34 23.46 Sr. Special Emp. Counselor 08370 16.40 17.23 18.12 19.01 19.93 Sr. Tutor 08410 18.98 19.93 20.93 21.92 23.02
Stores Aide 09460 18.93 19.89 20.85 21.91 22.98
Tutor 08420 16.40 17.22 18.08 18.98 19.93
Water Conservation Representative 09960 16.75 17.58 18.45 19.37 20.38 City Council 22 – 23 11/15/2022
22 SEIU PART-TIME HOURLY WAGE RATE SCHEDULE
EFFECTIVE JULY 2, 2023

EXHIBIT A

JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Account Clerk I 09041 21.50 22.54 23.67 24.86 26.09
Account Clerk II 09042 23.78 24.96 26.24 27.52 28.90
Administrative Aide 09770 27.26 28.62 30.04 31.55 33.13 Animal Keeper 09000 17.13 17.99 18.89 19.83 20.82
Building Maintenance Assistant 09215 23.43 24.59 25.82 27.14 28.46 Cashier 09040 16.65 17.48 18.35 19.27 20.23
Clerical Aide 09060 16.98 17.84 18.69 19.62 20.60
Clerk Typist 09090 22.27 23.38 24.55 25.78 27.07
Combination Inspector 09800 33.30 34.93 36.72 38.54 40.49 Community Center Aide 09100 22.26 23.37 24.54 25.77 27.06 Computer Technician 09690 21.66 22.74 23.89 25.10 26.37 Customer Service Clerk 09780 22.32 23.43 24.60 25.83 27.14 Data Entry Clerk 09120 18.51 19.45 20.45 21.45 22.53
Engineering Apprentice 09471 22.90 24.05 25.25 26.51 27.84 Equip. Svc. Attendant 09140 20.84 21.85 22.98 24.09 25.33 Information Desk Clerk 09755 18.69 19.62 20.60 21.63 22.71 Janitor 09170 17.07 17.92 18.82 19.76 20.77
Library Associate 09271 20.91 21.96 23.05 24.21 25.43
Library Clerk I 09200 17.42 18.27 19.19 20.18 21.16
Library Clerk II 09210 19.30 20.25 21.24 22.32 23.43
Maintenance Attendant 09230 16.54 17.37 17.94 18.84 19.78 Mobile Library Clerk 09280 21.22 22.32 23.40 24.59 25.82 Municipal Utility Reader/Collector 09775 21.36 22.43 23.53 24.72 25.96

Page 09290 ends

Park Maintenance Assistant 09300 18.09 19.01 19.97 20.97 22.03 Park Ranger (Part Time) 03615 30.03 31.54 33.11 34.79 36.54 Permit Parking Aide 09505 23.05 24.20 25.43 26.68 28.01 Planning Technician 09135 27.38 28.74 30.19 31.70 33.30 Police Records Clerk 09330 20.24 21.22 22.32 23.40 24.59 Police Supply Clerk 09340 20.30 21.32 22.39 23.51 24.69 Program Coordinator 08160 20.19 21.20 22.26 23.37 24.54 Program Leader 09360 16.61 17.44 18.31 19.23 20.19
Purchasing Clerk 09720 21.41 22.48 23.63 24.79 26.02
Recreation Facility Attendant 09395 18.09 19.01 19.97 20.97 22.03 Right-of-Way Technician 09900 17.22 18.09 19.03 19.96 20.93 City Council 22 – 24 11/15/2022
23 JOB TITLE
JOB

CODE STEP A STEP B STEP C STEP D STEP E
Senior Clerical Aide 09070 18.69 19.62 20.60 21.63 22.71 Senior Library Associate 09270 22.20 23.30 24.44 25.69 26.96 Senior Program Leader 09400 17.44 18.31 19.23 20.19 21.20 Special Events Leader I 09430 17.02 17.87 18.76 19.70 20.69 Special Events Leader II 09440 20.77 21.81 22.90 24.05 25.25 Sr. Maintenance Aide 09250 16.67 17.49 18.36 19.30 20.27 Sr. Maintenance Worker 09260 20.27 21.28 22.34 23.46 24.63 Sr. Special Emp. Counselor 08370 17.22 18.09 19.03 19.96 20.93 Sr. Tutor 08410 19.93 20.93 21.98 23.02 24.17
Stores Aide 09460 19.88 20.88 21.89 23.01 24.13
Tutor 08420 17.22 18.08 18.98 19.93 20.93
Water Conservation Representative 09960 17.59 18.46 19.37 20.34 21.40 City Council 22 – 25 11/15/2022
Human Resources
www.santa-ana.org/departments/human-resources/
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 15, 2022
TOPIC: Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association
AGENDA TITLE:

Approve a Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Management Association

RECOMMENDED ACTION
Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Police Management Association regarding wages, hours, and other terms and conditions of employment effective January 1, 2022 through June 30, 2025, and authorize non-substantive changes which may be necessary to implement the agreement.

DISCUSSION
The City recently reached a tentative agreement with the Santa Ana Police Management Association (“SAPMA”) on a three and one-half (3.5) year successor Memorandum of Understanding effective January 1, 2022 through June 30, 2025. The tentative agreement has been ratified by SAPMA membership. The major provisions of the agreement include: salary increases of three percent (3%) effective the first pay period following City Council approval of the MOU, three percent (3%) in July 2023, and three percent (3%) in July 2024; adding Step E for non-sworn classifications; recognizing the Cesar Chavez holiday; increasing medical and dental City contributions to the same levels as other City management employees; and increasing medical City contributions by fifty dollars ($50) per month in January 2024 and fifty dollars ($50) per month in January 2025.

Other key terms of the agreement include: updated discipline and grievance processes; acting pay language; bilingual pay recertification every three (3) years (for employees who receive bilingual pay); reopener on salary matrix, pay periods, and merit/step increases; reducing the number of unused sick leave hours that may be converted to CalPERS service credit to eighty (80) for current employees and eliminating the option City Council 23 – 1 11/15/2022
Memorandum of Understanding between the City of Santa Ana and the Santa Ana Police Management Association
November 15, 2022

Page 2 ends

Santa Ana City CouncilNovember 15, 2022

Santa Ana City Council
November 15, 2022