Santa Ana City Council
May 16, 2023

AGENDA TITLE
Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program in an Amount not to Exceed $7,706,655 for up to a Five-Year Term (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a school crossing guard program in an amount not to exceed $7,706,655 for a three-year term beginning July 1, 2023 and expiring June 30, 2026, with an option for up to two, one-year extensions, subject to non-substantive changes approved by the City Manager and City Attorney.

DISCUSSION
The school crossing guard program serves three school districts, which includes 41 elementary schools, and dispatches approximately 55 crossing guards throughout the city. On March 15, 2023, the Public Works Agency issued a Request for Proposals (RFP) for these services (Exhibit 1). Three vendors submitted proposals, each of which were evaluated by a rating panel and ranked based on the criteria included in the RFP.

The results are summarized below.

Vendor Location Rank
All City Management Services, Inc. Santa Fe Springs, CA 1 Patrol Masters Santa Ana, CA 2
Alltech Industries, Inc. Monterey Park, CA 3
The proposal submitted by All City Management Services, Inc. (ACMS) was ranked highest and most responsive to the criteria, and meets the City’s requirements. ACMS has provided crossing guard services to the City of Santa Ana since 2013 with a strong history of professional and consistent service provisions. As such, staff recommends awarding the agreement to ACMS (Exhibit 2).

City Council 29 – 1 5/16/2023
Agreement for School Crossing Guard Program
May 16, 2023

Staff recommends a three-year term with up to two one-year extensions for a total amount not to exceed $7,706,655 for the importance of providing crossing guard services to Santa Ana elementary-aged school children.

The City reserves the right to terminate this contract at any time within 30 days’ notice to the provider. However, staff recommends that some stability be established for the program to best serve the community and students.

FISCAL IMPACT
Funds are available for the majority of the contract year. Staff will be seeking a contribution from the school districts to maintain service levels. The budgeting for subsequent fiscal years, is subject to City Council approval. Staff will request a budget carryover to the next fiscal year for any unspent budget necessary to complete the project.

The table below summarizes the expected contract expenditures by fiscal year.

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2023-24 01117644-62300 General Fund
Crossing Guard Service
Enhancement, Contract
Services – Professional
$999,310
2023-24 *Unfunded Amount $400,000
2023-24 01117622-62300 General Fund
PWA Right-of-Way,
Contract Services –
Professional
$40,645
2024-25 01117644-62300 General Fund
Crossing Guard Service
Enhancement, Contract
Services – Professional
$1,439,955
2025-26 01117644-62300 General Fund
Crossing Guard Service
Enhancement, Contract
Services – Professional
$1,564,695
Total: $4,444,605
The table below summarizes expected contract expenditures for up to two contract extensions.

Optional Extension 1
City Council 29 – 2 5/16/2023
Agreement for School Crossing Guard Program
May 16, 2023

Fiscal
Year
Accounting Unit
- Account #
Fund
Description
Accounting Unit,
Account Description Amount
2026-27 01117644-62300 General Fund
Crossing Guard Service
Enhancement, Contract
Services – Professional
$1,631,025
Optional Extension 2
2027-28 01117644-62300 General Fund
Crossing Guard Service
Enhancement, Contract
Services – Professional
$1,631,025
Total: $7,706,655

EXHIBIT(S)

1. Request for Proposals #23-027

2. Agreement with ACMS, Inc.

Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 29 – 3 5/16/2023
EXHIBIT 1
City Council 29 – 4 5/16/2023
City of Santa Ana RFP 23-027

NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school.

Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system no later than Wednesday, March 29, 2023 at 5:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time.

Additionally, it is a requirement that hard copy proposals also be delivered in an enclosed sealed envelope and marked clearly with the following in the new grey box on the first floor of Ross Annex at City Hall.
“SEALED PROPOSAL FOR

CROSSING GUARD SERVICES
RFP NO. 23-027

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: MONICA SUTER
Public Works Agency; M-43
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission of proposals, refer to PlanetBids and Section I - Introduction/Program Description in this RFP.

All notifications, requests for information, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive qualification.

City Council 29 – 5 5/16/2023
City of Santa Ana RFP 23-027

TABLE OF CONTENTS
I. INTRODUCTION / PROGRAM DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS 6
A. CITY RESPONSIBILITIES
B. FIRM RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
III. SUBMITTAL REQUIREMENTS 8
A. GENERAL
B. PROPOSAL CONTENTS

1. STATEMENT OF QUALIFICATIONS

2. SCOPE OF SERVICES & SCHEDULE

3. FEE PROPOSAL

4. CERTIFICATIONS
C. ADDITIONAL REQUIREMENTS
D. FINANCIAL INFORMATION
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 11
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 12
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 12
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 12
VIII. APPENDICES 12
ATTACHMENT 1: SCOPE OF SERVICES & CROSSING GUARD LOCATIONS ATTACHMENT 2: STANDARD CONSULTANT AGREEMENT
ATTACHMENT 3: FEE PROPOSAL - COST FORM
ATTACHMENT 4: CERTIFICATIONS
City Council 29 – 6 5/16/2023
City of Santa Ana RFP 23-027

I. INTRODUCTION / PROGRAM DESCRIPTION
Nature of Work:

The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide primarily school children of our community as they walk to and from school. The out-sourced crossing guard program will include recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana.

The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract one additional two–year term. It is anticipated that this new contract will commence on July 1, 2023.

Number of Proposals and Signature:

Three (3) hard copies are required to also be delivered in addition to the electronic submittal of the complete proposal package on PlanetBids. One of the hard copies shall be marked as “ORIGINAL” and be signed by a company official with the power to bind the company, and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate person with legal authority to bind the company. Note: the The Statement of Qualifications, detailed in this RFP under Section III, shall be limited to a maximum of (10) double-sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial.

Proposal exhibits and/or attachments shall be maximum size of 11 inches x 17 inches.

Proposal Evaluation and Rating:

The criteria for evaluating the SOQ submitted will take the following items into consideration:
o Overall understanding 25%
o Qualifications and experience 25%
o Supervisory personnel’s qualifications, experience, time commitment 25% o Overall quality of the proposal 25%
The City will establish a proposal review committee to evaluate proposers based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.

City Council 29 – 7 5/16/2023
City of Santa Ana RFP 23-027

Term of the Contract:

The City desires to enter into a contract with the top scoring firm for an initial three (3) year term with a City option to extend the contract for up to two additional, one-year renewals. This term will be specified outlined in the Agreement. A copy of the Standard Consultant Agreement is provided in the Appendix of this RFP in Attachment 2 – Standard Consultant Agreement.

City Council 29 – 8 5/16/2023
City of Santa Ana RFP 23-027

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

B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment and financial arrangement for all charges related to the contract.

Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.

Additional financial capacity information, if any, is identified in the Attachment 1 - Scope of Services –.

C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no fewer than five (5) calendar days prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

D. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.

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

Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Services.

City Council 29 – 9 5/16/2023
City of Santa Ana RFP 23-027

F. INSURANCE
The Selected Proposer shall provide the required evidence of insurance coverage as set forth in Attachment 1 - Scope of Services within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposer with a “New Vendor Checklist”, which outlines insurance requirements.

G. PAYMENT INFORMATION PACKET
The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.

H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the scope of services and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.” I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.

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

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

City Council 29 – 10 5/16/2023
City of Santa Ana RFP 23-027

III. SUBMITTAL REQUIREMENTS
A. GENERAL

1. The number of Proposal Copies and signature is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

2. Deadline:

Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals.

B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION

1. STATEMENT OF QUALIFICATIONS
a. Cover Letter: Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions contained in the Agreement attached herein as Attachment 2 - Standard Consultant Agreement in the Appendix.
c. Firm and Team Experience: Proposal shall include a profile of the firm’s experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm and will be the person to conduct the City Council 29 – 11 5/16/2023
City of Santa Ana RFP 23-027

presentation, if invited for an interview. (Also see Section C - Additional Requirements and Section D – Financial Information.)
d. Understanding of Need: Proposal shall include an outline which demonstrates the firm’s understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of Services and associated fee estimate.
e. Relevant Project Experience: Proposal shall include a list of recent and relevant projects, which your firm and/or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, project location, year completed, and client name and contact information. City of Santa Ana staff may conduct site visits at select projects. The City is particularly interested in selecting a Consultant/Contractor that has extensive experience in providing adult crossing guard services to municipalities.
f. References: Proposals shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years.

2. SCOPE OF SERVICES AND SCHEDULE:

Proposal shall include a Scope of Services and Schedule which details the work to be performed, the tasks to be accomplished, the deliverables to be provided for the locations indicated, and the schedule / timeline to complete the work, based upon the requested and detailed version in this RFP and as listed in Attachment 1 - Scope of Services and as otherwise required herein.

3. FEE PROPOSAL:

The fee proposal shall be submitted separate and concurrently with the technical proposal, both submitted electronically in PlanetBids and as a hard copy in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule as outlined and required in Attachment 1 - Scope of Services to be carried-out while carrying all of the required insurance indicated in Attachment 2 – Standard Consultant Agreement. The cost information that will need to be completed and sealed is in Attachment 3 - Fee Proposal.

City Council 29 – 12 5/16/2023
City of Santa Ana RFP 23-027

The fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding.

4. CERTIFICATIONS:

The following forms shall be signed and included as part of the proposal submittal package:

Attachment 4-1: Non-Collusion Affidavit
Attachment 4-2: Non-Lobbying Certification
Attachment 4-3: Non-Discrimination Certification
C. ADDITIONAL REQUIREMENTS

1. Training – Provide a description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for retesting and re-evaluation of your existing crossing of time for re-testing and reevaluation of your existing crossing guards. A copy of or link to of all training manuals should be included in the proposal (if any).

2. Project Staffing – Identify the person to be designated as the project manager and the person designated as the field supervisor. Include a listing, with qualifications, of personnel who have had experience in supervising school crossing guards, and other employees who will be associated with the service. Also provide resumes of the key personnel involved with this service. For the project manager, include relevant information regarding their recent management of three similar programs. The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24- hour written or telephonic notice.

3. Subcontractors – Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities.

D. FINANCIAL INFORMATION

1. Submit a copy of your firm’s most recently audited, as well as current (reviewed) financial statement.

City Council 29 – 13 5/16/2023
City of Santa Ana RFP 23-027

2. Provide the following information relative to your firm’s claims history for the past five (5) years.

A. List all claims, demands for arbitration and/or lawsuits filed by your firm, predecessor company, or company officers against project owners or their agents. 1) Name of Project Owner
2) Project Completion Date
3) Basis for Claim
4) Claim or Suit Amount
5) Current Status
6) Award or Settlement Amount
B. List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against your firm, predecessor companies, its agents or bonding company.
1) Name of Project Owner
2) Project Completion Date
3) Basis for Claim
4) Claim or Suit Amount
5) Current Status
6) Award or Settlement Amount
IV. PROPOSAL REVIEW (CONSULTANT SELECTION)
A. EVALUATION AND RATING
The criteria for evaluating the proposals are specified in:

RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.

B. SELECTION
The selection committee will be comprised of at least (3) City staff members. The committee may/may not interview the top-ranking proposers. The City will recommend award of contracts to the proposers who will provide the best value to the City. The City reserves the right to begin negotiations and enter into a contract without interview or further discussions.

City Council 29 – 14 5/16/2023
City of Santa Ana RFP 23-027

V. CONTRACT AWARD
A. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the proposal review committee and acceptance from Funding agency following financial audit, the Project Manager will recommend awarding a contract to the top-ranking proposer that will provide the best value to the City.

B. EXECUTION OF AGREEMENT
The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms, which will lead to a completed agreement ready for execution based on the Attachment 2 - Standard Agreement attached in the Appendix.

VI. IMPLEMENTATION
A. KICK-OFF MEETING
A kick-off meeting will be held after award of contracts. Consultants and their team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation processes.

B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City.

VII. PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation of this RFP will become property of the City. All responses to this RFP shall become property of the City. Proposer information identified as proprietary information be maintained confidential, to the extent allowed under the California Public Records Act.

Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.

VIII. APPENDICIES
See Attachments 1 – 4.

City Council 29 – 15 5/16/2023

Non-Fed Funding (6.1.2020)
Appendix
ATTACHMENT 1

SCOPE OF SERVICES & CROSSING GUARD LOCATIONS
I. INTRODUCTION
The City of Santa Ana, California is soliciting proposals from qualified firms to provide adult crossing guard services to aide elementary school-aged students within the community as they walk to and from school. The Consultant will provide services including recruitment, training, coordination, and management of the entire Adult Crossing Guard Program. The crossing guard program will be conducted in the City of Santa Ana at the locations identified in Table A -CROSSING GUARD LOCATIONS in Section VII (page 6 of 7) of this Attachment 1.

The City of Santa Ana intends to award a contract for a minimum term of three (3) years with an option to extend the contract for two additional one–year terms. It is anticipated that this new contract will commence on July 1, 2021.

II. BACKGROUND
The City of Santa Ana is located in central Orange County approximately 30 miles southeast of Los Angeles. Santa Ana covers 27.37 square miles and is the 2nd most populous city in Orange County with approximately 314,000 residents. The City of Santa Ana is the County Seat of Orange County, which can lead to an increase in the daytime population by approximately 50% during normal business hours. Santa Ana is bordered by the cities of Orange, Tustin, Garden Grove, Irvine and Costa Mesa. Santa Ana has a diverse population comprised of approximately 65% Hispanic, 24% White, 9% Asian, 1% Black, and 1% American Indian, Eskimo or other. There are approximately 54,000 students of all ages enrolled in schools throughout the City. The City of Santa Ana has a mild climate with an average annual temperature of 75 degrees, and an average annual rainfall of 13.7 inches.

Crossing guard locations are strategically positioned near schools located within the Santa Ana Unified School District, the Garden Grove Unified School District and the Orange Unified School District. In 2022, approximately 47,500 hours of crossing guard services were provided to the children of Santa Ana’s community.

All City Management Services currently manages the Adult Crossing Guard Program which consists of 55 crossing guards who provide crossing guard services to school locations within the city limits, which are listed in Table A – CROSSING GUARD LOCATIONS. Oversight was previously provided by the Santa Ana Police Department, however in the summer 2020, program oversight was transferred to the Public Works Agency – Traffic Engineering Department. The Consultant/Contractor also oversees the recruitment, training, and management of all crossing guards, as well as their placement at locations as requested by the City. This will be the responsibility of the successful proposer.

City Council 29 – 16 5/16/2023

Non-Fed Funding (6.1.2020)
III.SCOPE OF WORK
The scope of work consists of providing services for the Adult Crossing Guard Program. The successful Consultant/Contractor/Service Provider will agree to perform school crossing guard services for the City of Santa Ana for the school districts within the city limits. The scope of work shall include the following:

1. The Contractor shall monitor, supervise, and assure the safety of all school children that utilize intersections and crosswalks while moving to and from school zones.

2. The Contractor shall perform all work to the highest professional standard an in a manner deemed reasonably satisfactory by the Public Works Director or director’s designee.

3. Contractors will provide an estimated 49,500 hours per year of crossing guard services by qualified adult crossing guards as shown in Table A and any modified or new crossing guards must also be approved by the City of Santa Ana. These estimated hours are based on the number of crossing guard hours per day (at all crossing guard locations) multiplied by the number of annual school days with a contingency and rounded up. However, the Contractor is required to staff the crossing guard positions whenever the schools modify their schedules to accommodate the academic needs of their students. These modifications in terms of crossing guard hours are included in the estimated 49,500 hours of crossing guard services anticipated to be provided in the 2023-2028 school years.

4. New locations may be added at the City’s request and the Contractor shall increase the service hours accordingly. In addition, the City may remove crossing guard locations and/or reduce crossing guard hours at a location with a 24-hour written notice.

5. Contractor shall provide all administrative duties associated with the Adult Crossing Guard Program in the City of Santa Ana.

6. The Contractor shall provide supervision of all employees associated with conducting the Adult Crossing Guard Program, including the recruitment, hiring, training, discipline, and termination of employees.

7. Contractor shall provide all facilities, vehicles, and other associated equipment related to conducting the Adult Crossing Guard Program. Required equipment will, at a minimum, include safety-reflectorized vests, stop signs, whistles, rain gear, and photo-identification badges and as required by the latest state and other regulations.

8. Contractor shall provide all employees with equipment that complies with all applicable laws and established safety standards.

9. Contractor agrees to offer employment to the currently employed All City Management Services employees who have been performing City of Santa Ana Adult School Crossing Guards services assuming they meet the Contractor’s requirements. Furthermore, the Contractor shall ensure that the previous Adult School Crossing Guards employees, at a minimum, meet the conditions of Section III, Subsection 13 of this scope of work as well as the Contractor’s hiring and retention policy. If the current employee meets the hiring City Council 29 – 17 5/16/2023

Non-Fed Funding (6.1.2020)
and retention criteria of the Contractor, they shall be offered employment with the Contractor for at least their prior City hourly rate.

10. The Contractor shall arrange for and provide all substitute employees, ensuring that all designated locations are staffed during the required time periods. The Contractor shall contact the Santa Ana Public Works Agency immediately if a position cannot be filled by the Contractor; however, it remains the Contractor’s responsibility to ensure coverage for all locations where crossing guards are maintained.

11. The Contractor shall be responsible to coordinate with the affected schools and school districts to ensure coverage is provided at designated locations when school schedules are modified and/or changed for any reason that requires students to arrive or depart at a time that is different than the norm.

12. Contractor will provide all of the required training for employees selected to be crossing guards.

13. The Contractor shall certify that all employees selected to perform the duties of a crossing guard in the City of Santa Ana have never been convicted of any felony, a crime of moral turpitude, or any crime against children. In addition, the recruitment process shall incorporate a Pre-Employment Screening Program that includes:
a. An employment reference check
b. A criminal background checks and fingerprint check
c. A drug and alcohol screening test
d. Social Security verification
e. Only documented, authorized Contractor employees are eligible to work or permitted on or in City facilities (Verification of the INS-9 forms must be provided to the City upon request)

14. Any employee whose conduct is not satisfactory, as determined by the City of Santa Ana shall be removed from providing crossing guard services in the City of Santa Ana.

15. The Contractor shall investigate all public complaints concerning crossing guard services.

In the event of a complaint, the Contractor shall contact the City of Santa Ana Public Works Agency at (714) 647-5672, within two (2) hours and email the City’s Project Manager, to advise the nature of the complaint and the course of actions/remedy/resolution of said complaint. Contractor shall furnish a written report of the incident to the City of Santa Ana Public Works Agency within five (5) business days after the occurrence.

Contractor shall maintain detailed records and reports of the total number of hours of service provided. These records shall list the number of hours worked at each location.

These records will be made available for inspection and audit by the City of Santa Ana at any time.

IV.EXAMINATION OF WORK AREA
Consultant/contractor is responsible for familiarizing themselves with the applicable schools and Crossing Guard locations prior to having submitted a proposal. Submission of a proposal City Council 29 – 18 5/16/2023

Non-Fed Funding (6.1.2020)
shall be deemed conclusive evidence that such a tour has been made by each Consultant/Contractor and shall constitute a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or any revision thereof. As part of its specifications, the City will provide, if requested, available information, which it deems may be of assistance to prospective Contractors.

It should be noted that street intersections and other locations that are programmed for school crossing guard services will be determined at the sole discretion of the City of Santa Ana.

V. ADDITIONAL REQUIREMENTS

1. Training –Create and maintain a complete description of your adult crossing guard and safety training programs. Include the type of training, materials used, testing, and the total of training, materials used, testing, and the total of training hours required prior to assigning a crossing guard to a school location. In addition, indicate the period of time for re-testing and re-evaluation of your existing crossing of time for re-testing and re-evaluation of your existing crossing guards. Provide a link to the City for all training manuals.

2. Project Staffing – Keep the City Appraised of any changes in key personnel identified in the proposal as the project manager and the person designated as the field supervisor.

These qualified individuals will have experience in supervising school crossing guards, and other employees who will be associated with the service. . The city expects that the field supervisor will be available by telephone on all occasions for discussion with City staff, and to be locally available for meetings in person upon 24-hour written or telephonic notice.

If applicable, submit a plan to hire existing All City Management Services employees, as required in the scope of work, who were providing Part-Time Adult Crossing Guards services, including the pay scale proposed to compensate these individuals.

Update and maintain an organization chart showing the name of the project manager, field supervisor, other key personnel, and all staff assigned to the project. The City reserves the right to approve the final and/or modified staffing plans.

Update and maintain plan to ensure all positions are properly staffed during the times designated by the City of Santa Ana and the affected school districts. The plan shall include any policies dealing with the staffing of alternate Crossing Guards should an assigned Crossing Guard fail to report or duty.

3. Subcontractors – Identify any subcontractors that would be used to implement, staff and manage the crossing guard program. Give a detailed description of their involvement, scope of work, and responsibilities.

VI.CROSSING GUARD LOCATIONS
Crossing guards shall be provided as required by each school and school district to serve at locations noted in and shall be updated when required in addition to TABLE A.

City Council 29 – 19 5/16/2023

Non-Fed Funding (6.1.2020)
TABLE A – CROSSING GUARD LOCATIONS
School Schedules
Santa Ana Unified School District (SAUSD)
Traditional Schedule – City of Santa Ana Schools within the SAUSD and that typically operate on the traditional school schedule for an average of 180 days/year beginning in August and ending in early June.

Garden Grove Unified School District (GGUSD)
Traditional Schedule – City of Santa Ana schools within the GGUSD that typically operate on the traditional school schedule for an average of 180 days/year beginning in August and ending in early June.

Orange Unified School District (OUSD)
Traditional Schedule – City of Santa Ana Fairhaven Elementary School is the only OUSD school and it typically operates on the traditional school schedule for an average of 180 days/year beginning in August and ending in June.

Bilingual English/Spanish Crossing Guards are desirable due to the large Hispanic population and the high number of Spanish speaking residents in the City of Santa Ana.

Abbreviations
N/E or NE Northeast
N/W or NW Northwest
S/E or SE Southeast
S/W or SW Southwest
S.A. or SAUSD Santa Ana
Unified School District
G.G. or GGUSD Garden Grove
Unified School District
Org. or OUSD Orange Unified
School District
Priv. Private School
City Council 29 – 20 5/16/2023

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Appendix
ATTACHMENT 2

STANDARD CONSULTANT AGREEMENT

STANDARD CONSULTANT AGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this ______day of ______, 2023 by and between _________________________________ (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. The City desires to retain a consultant having special skills and knowledge in the field of:

Adult school crossing guard services to aide primarily school children of our community as they walk to and from school. This Adult School Crossing Guard Program (the “Program”) includes the recruitment, training, supervision, coordination, and management of the entire Program. The crossing guard locations currently anticipated in the City of Santa Ana locations are included in RFP # 23-027 and may be changed to other locations within the City, if required.

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

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

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

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

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed ________________ during the three-year term of this Agreement. See extension period option under Section 3.

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b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a three-year term with the option for the City to grant up to, two one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in City Council 29 – 22 5/16/2023

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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.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims 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, their agents, representatives, employees or subconsultants/subcontractors with the Minimum Scope and Limit of Insurance as follows:
a. 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 $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separatelyto this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall betwice the required occurrence limit. b. Automobile Liability. Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if the Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000 per accident for bodily injury and property damage.
c. Worker’s Compensation. As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with limit no less than $1,000,000 per accident for bodily injury or disease.
d. 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, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.
e. If Consultant is or employs a licensed professional such as an architect or engineer:

Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. f. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
i. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City.
ii. Certificates and policies shall state that the policies “shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City” and this wording shall be included within each insurance certificate.
iii. Where the amounts or coverage provided by Consultant are broader and/or greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement and coverage shall be available to the City and/or Entity.

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iv. Consultant shall supply City with a fully executed additional insured endorsement.
g. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City and any other related Entities for any work performed prior to approval of insurance by the City.

Other Insurance Provisions.

The general liability policy is to contain, or be endorsed to contain, the following provisions:

1. The City, all related Entities, its officers, officials, employees, agents, and volunteers to ensure they will be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.

2. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, any related Entities, its officers, officials, employees, agents, and volunteers.

3. The Insurance Company agrees to waive all rights of subrogation against the City, Entities, its elected or appointed officers, officials, agents, and employees for losses paid underthe terms of any policy which arise from work performed by the Consultant for the City and/or any related Entities. This provision also applies to the Workers’ Compensation policy.

4. Each insurance policy required above shall provide that coverage shall not be cancelled, except with the prior notice as required in this agreement above.

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.

Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required and mandatory 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 City before work begins. The City reserves the right to require completed, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

Special or Low Risk Activities
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. The City City Council 29 – 24 5/16/2023

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reserves the right to modify or waive insurance requirements for certain low risk recreational activities.

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

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

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

City Council 29 – 25 5/16/2023

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

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

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

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

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, City Council 29 – 26 5/16/2023

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

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents 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.

17. 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.

18. 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.

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

20. MISCELLANEOUS PROVISIONS
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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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

21. 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 & email: [email protected]
To Consultant:

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 ___________________________
___________________________
___________________________
___________________________
Fax: __________________ & Email: __________________________ & Courtesy Copy to: _____________________________________ City Council 29 – 28 5/16/2023

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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.

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

ATTEST: CITY OF SANTA ANA
Jennifer Hall Kristine Ridge
Clerk of the Council City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

John Funk
Assistant City Attorney (title)
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director Public Works Agency
__________________________________
______________
______________
City Council 29 – 29 5/16/2023

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EXHIBIT A

SCOPE OF SERVICES
City Council 29 – 30 5/16/2023

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EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 29 – 31 5/16/2023

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Appendix
ATTACHMENT 3

FEE PROPOSAL AND COST FORM

COST PROPOSAL FORM

ADULT CROSSING GUARD PROGRAM

HOURLY STAFF SALARY
Crossing Guard Salary (Hourly) $
Crossing Guard Supervisor Salary (Hourly) $
COST SUMMARY (Annual)
Total Crossing Guards Salaries
(Hourly Rate x 49,500 hours) $
Supervisor Salary
(Hourly Rate x estimated annual hours) $
Payroll Tax $
Workers Compensation $
Liability Insurance $
Administrative Overhead $
Profit $

TOTAL ANNUAL COST
ADULT CROSSING GUARD PROGRAM $
Contractor Billing shall be based on the Crossing Guard hours of service provided. The billing for Crossing Guard hours shall include all salaries, costs, overhead, and profit for the Crossing Guard Service. The hourly Crossing Guard billing rate is the Total Annual Cost of Adult Crossing Guard Program divided by 49,500 hours
Total Annual Cost of Adult Crossing Guard Program $
49,500 hours
Total Crossing Guard Billing $ / Hr
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COST PROPOSAL FORM

GENERAL INFORMATION

1. Name of Organization: _____________________________________________________ __________________________________________________________________________

2. Organization is: (Check One)
Corporation ______________
Association _____________
Partnership _____________
Sole Proprietor ___________

3. Organization Address and Telephone Number:
________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

4. List the Name, Title and Telephone Number(s) of the Organization’s Authorized Representatives:__________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ City Council 29 – 33 5/16/2023
Appendix
ATTACHMENT 4-1: NON-COLLUSION AFFIDAVIT

CERTIFICATIONS
City of Santa Ana RFP 23-027
Page A4-1

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of , 20 , by before me.
, proved to me on the basis of satisfactory evidence to be the person(s) who appeared Notary Public Signature Notary Public Seal
City Council 29 – 34 5/16/2023
Appendix
ATTACHMENT 4-2: NON-LOBBYING CERTIFICATION

CERTIFICATIONS
City of Santa Ana RFP 23-027
Page A4-2
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

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

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a “Disclosure of Lobbying Activities”.

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

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

Firm
Signed and Printed Name:

Title
Date
City Council 29 – 35 5/16/2023
Appendix
ATTACHMENT 4-3: NON-DISCRIMINATION CERTIFICATION

CERTIFICATIONS
City of Santa Ana RFP 23-027
Page A4-3
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders.

6. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City Council 29 – 36 5/16/2023
City of Santa Ana RFP 23-027
Page A4-4
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub-consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

City Council 29 – 37 5/16/2023
EXHIBIT 2
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Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 16, 2023
TOPIC: Sunshine Ordinance Amendments

AGENDA TITLE
Ordinance Amendment No. 2023-01 Amending Article II.II of Chapter 2 (Sunshine Ordinance) of the Santa Ana Municipal Code Related to Noticing, Meeting Format, and Transparency Measures for Community Meetings for Certain Development Projects

RECOMMENDED ACTION
Conduct a first reading and adopt Ordinance Amendment No. 2023-01 amending Section 2-153 in Article II.II of Chapter 2 of the Santa Ana Municipal Code.

DISCUSSION
The Sunshine Ordinance is a set of measures required by the Santa Ana Municipal Code (SAMC) that are aimed at increasing transparency and community involvement in the decision-making and development processes. The ordinance was adopted in its initial format on October 15, 2012 (Ordinance No. NS-2838) and was subsequently amended on December 7, 2021 (Ordinance No. NS-3012) to require two community meetings and increase the notification radius for discretionary projects from 500 to 1,000 feet.

Background
At its September 20, 2022 regular meeting, the City Council requested that staff evaluate updates to the Sunshine Ordinance to increase transparency, awareness, and public engagement opportunities. Following the City Council’s discussion and direction on the topic, staff evaluated the existing Sunshine Ordinance to determine which specific sections to amend to reflect these goals. A work-study session took place during the regular City Council meeting of April 18, 2023 to confirm the topical areas and proposed amendments, which were also reviewed with individual City Council members upon request. In summary, the proposed changes focus on the following measures:
1) Require a single presentation format during community meetings hosted by applicants.
2) Require a livestream and recording of the meeting that will be posted to the project webpage online after the community meeting takes place.

City Council 30 – 1 5/16/2023
Sunshine Ordinance Amendments
May 16, 2023

3) Include accountability measures to ensure required meetings, timelines, and deliverables are adhered to and provided in a timely manner. 4) Update notification radii to increase transparency.
5) Require Spanish interpretation at all community meetings in addition to maintaining a provision allowing community members to request interpretation services in languages other than English and Spanish.

Table 1 on the following pages illustrates the existing and proposed text amendments to the Sunshine Ordinance to address City Council desired changes:

Table 1: OA No. 2023-01 Sunshine Ordinance Amendments
Topic Existing Regulations Proposed Ordinance Amendments Compliance with
Community Meeting
Requirements
Section 2-153(b) specifies
sequence/timeline of processing
applications that are subject to the
Sunshine Ordinance.

Specify that if an applicant fails to hold
the required meetings:
• Deem the application
resubmittal incomplete, and
• Require all meetings to be
held and comply with the
established timelines before
deeming an application
complete.

Noticing Section 2-153(c) requires noticing to
property owners and occupants of
residential units within a 1,000-foot
radius of the project site.

For projects subject to Sunshine
Ordinance:
• Expand the noticing radius to
2,000 feet for properties
located within the City of Santa
Ana boundary, and
• Revise the noticing radius to
300 feet for properties outside
the City boundary.

For non-Sunshine Ordinance projects:
• Retain existing 1,000-foot
radius from the subject site
within the City boundary, and
• 300-foot radius for property
owners and tenants outside
City boundary.

Language
Interpretation
Section 2-153(f) requires the applicant
to provide language interpretation
services only when they receive a
written request for such services.
• Require the applicant to
provide language
interpretation services for inperson meeting attendees in Spanish.
• Maintain a provision allowing
community members to
request interpretation services
during the community meeting
in languages other than
English and Spanish.

City Council 30 – 2 5/16/2023
Sunshine Ordinance Amendments
May 16, 2023

Topic Existing Regulations Proposed Ordinance Amendments Community Meeting
Format and Content
Not currently defined. • Update Section 2-153(g) to
require at a minimum one
single presentation, and
• Have a description of any
impacts or benefits to the
community.
• During the second community
meeting, require applicant to
provide a recapitulation of the
first community meeting and
questions raised by the
community.

Transparency Section 2-153(h) requires applicant
provide:
• A copy of meeting minutes
• Written record of response to
public comments.

Require applicant to:
• Livestream and record the
meeting, including
presentation and
questions/comments, and
• Post recording to the City’s
project webpage.

Information and
Materials to City
Does not provide regulation pertaining
to failure of providing the required
information.

Update Section 2-153(h) to deem the
application incomplete until all required
items are provided as part of the
project resubmittal.

Compliance of Community Meeting Guidelines
The proposed ordinance includes updates to clarify the administrative development project review application process and consequences for failing to comply with community meeting requirements, while continuing to meet state mandated review timelines. The current Sunshine Ordinance affects the timeline of the completion of administrative development project review when an applicant fails to submit the required community meeting materials. However, it does not provide a clear timeline and could potentially cause inconsistencies with application review timelines delineated by state law. As proposed, applicants that fail to hold community meetings within the established timelines, do not provide the City with the required meeting materials, video recording, or written record of the meeting, will be issued an incomplete letter and any future resubmittal will not be accepted until such time that all requirements are met.

Noticing
The current Sunshine Ordinance requires mailed noticing for community meetings for property owners and occupants of residential units within 1,000 feet of the subject project site. The ordinance proposes to increase the community meeting and public hearing noticing requirement for projects that are subject to the Sunshine Ordinance to 2,000 feet of the subject project site for property owners and tenants located within the City boundary. For property owners and tenants located outside of the City boundary, City Council 30 – 3 5/16/2023
Sunshine Ordinance Amendments
May 16, 2023

the notification radius is proposed to be consistent with state law at 300 feet from the project site. Noticing requirements for non-Sunshine Ordinance projects’ public hearings will remain at a 1,000-foot radius of the subject project within the City boundary (no change), and a 300-foot radius outside the City boundary to be consistent with state law.

Retaining the existing 1,000-foot radius for non-Sunshine Ordinance projects’ public hearings will minimize the impact of the amendments on smaller development projects that require approval of a discretionary action, such as a conditional use permit or variance.

Public Hearing noticing requires that both property owners and tenants be notified, whether commercial or residential, and whether inside or outside the City boundary.

ENVIRONMENTAL IMPACT
The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2023-27 will be filed upon adoption of this ordinance.

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

EXHIBIT

1. Ordinance for OA No. 2023-01
Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Kristine Ridge, City Manager
City Council 30 – 4 5/16/2023
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA, CALIFORNIA, AMENDING ARTICLES II.II OF
CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE
WHEREAS, on October 15, 2012, the City Council enacted the Sunshine Ordinance as found in Chapter 2 of the Santa Ana Municipal Code (“SAMC”) to ensure that the people of Santa Ana remain in control of the government they have created; and WHEREAS, the City Council desires to maintain and enhance opportunities for public participation and meaningful engagement in the development review process and routinely revisits the Sunshine Ordinance to ensure the requirements for public participation remain updated with shifts in community engagement over time; and WHEREAS, on December 7, 2021, the City Council adopted amendments to the Sunshine Ordinance expanding the number of required community meetings and the notification radius; and
WHEREAS, the City Council now desires to update the Sunshine Ordinance to increase transparency, awareness, and public engagement opportunities through establishing meeting format and presentation requirements, increase the noticing area, and make clarifying edits to application processing timelines; and WHEREAS, on May 16, 2023, the City Council considered the staff report, recommendations by staff, and any public comment concerning Ordinance Amendment No. NS-XXX.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2023-27 will be filed upon adoption of this ordinance.

Section 3. Section 2-153 (Public input through community meetings prior to discretionary approval) of Chapter 2 of the SAMC is hereby amended to read in its entirety as follows (new language is underlined and deleted language is stricken):

Sec. 2-153. - Public input through community meetings prior to discretionary approval.

City Council 30 – 5 5/16/2023
Ordinance No. NS-XXX

(a) Applicability. The requirements of this article apply to development projects requiring discretionary approval and that meet one or more of the following criteria:
(1) City-sponsored development projects;
(2) New residential projects containing twenty-five (25) or more units, except that the director of the Planning and Building Agency may exempt a developer from one or more of the requirements of this article if, in the case of affordable housing, the developer can show that it will be in jeopardy of losing tax credits, or if an applicable project does not require a resubmittal following initial submittal (3) New non-residential projects (including additions to existing buildings) of ten thousand (10,000) square feet or more and which are, in the determination of the city, subject to a negative declaration, mitigated negative declaration or environmental impact report as defined under the California Environmental Quality Act; (4) Development projects requiring a zone change, specific plan amendment, or general plan amendment.
(b) Number and timing of community meeting. For those development projects that meet the criteria listed in subsection 2-153(a), the applicant shall hold two (2) community meetings. The first community meeting shall be held no later than twenty (20) days after submittal of an application for administrative development project review. The second community meeting shall be held no earlier than at least ten (10) days prior to the development project being resubmitted by the applicant to the City after receipt of comments resulting from the City’s development project review.

Should the applicant fail to hold the community meetings within this time, the completion of administrative development project review shall be delayed until such time as the community meetings are held. Should the applicant fail to hold the community meetings within this time, the development project resubmittal will be deemed incomplete and not accepted until such time as the community meetings are held. (c) Noticing.

Notice of any community meeting held under this section shall be provided to all property owners, and at least one (1) occupant per dwelling unit having a valid United States Postal Service address within a 1,000-foot radius of the subject property. Said notice shall be mailed no less than ten (10) days prior to the community meeting. The notice shall also be posted on the development project site and published in a newspaper of general circulation no less than ten (10) days prior to the community meeting. The city shall then post the notice on the city's website. It shall be the sole responsibility of the applicant to prepare and distribute this notice. (1) Notice of any community meeting and public hearing held for development projects that meet the criteria listed in subsection 2- City Council 30 – 6 5/16/2023
Ordinance No. NS-XXX

3 153(a) shall be provided to all property owners and at least one (1) occupant per tenant space having a valid United States Postal Service address within:
a. A 2,000-foot radius of the subject property within the city boundary; and
b. A 300-foot radius of the subject property where the notification radius extends over the city boundary into another jurisdiction. (2) Notice of any public hearings for projects that do not meet the criteria listed in subsection 2-153(a) shall be provided to all property owners, and at least one (1) occupant per tenant space having a valid United States Postal Service address within:
a. A 1,000-foot radius of the subject property within the city boundary; and
b. A 300-foot radius of the subject property where the notification radius extends over the city boundary into another jurisdiction. (3) Said notices shall be mailed no less than ten (10) days prior to the community meeting or public hearing. The notice shall also be posted on the development project website if the project meets the criteria listed in subsection 2-153(a), and published in a newspaper of general circulation no less than ten (10) days prior to the community meeting or public hearing. The city shall then post the notice on the city's website. It shall be the sole responsibility of the applicant to prepare and distribute notices for any required community meeting. (d) Notice content. The notice shall include the time, place and date of the community meeting; a map depicting the location of the subject property, including the properties contained within the notification boundary; a brief description of the project; and the applicant's contact information. The notice shall be written in English and Spanish and include instructions as to how to request language interpretation services for those wishing to have interpretation during the community meeting in languages other than English and Spanish.
(e) Community meeting time and place. Community meetings shall be held either on a weeknight during the early evening hours or on a Saturday. The meetings shall be held in any facility that is accessible to the public and that is no more than one (1) mile from the project site. Should there not be any such facilities available in the required area, the applicant may arrange, at their own expense and subject to availability, to use the next closest city facility.
(f) Community meeting language interpretation. The applicant shall provide language interpretation services for in-person attendees in Spanish during all required meetings. Should the applicant receive a written request for language interpretation services for languages other than Spanish no later than forty-eight (48) hours prior to the meeting, the applicant shall provide interpretation services for in-person attendees in the language requested.

City Council 30 – 7 5/16/2023
Ordinance No. NS-XXX

iIt shall be the applicant's responsibility to arrange for such services to be available at the community meeting.
(g) Community meetings format and content.

During the community meetings the applicant shall give a presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community, and provide contact information so that members of the public can contact them for further information. The applicant shall allow enough time for the attendees to ask questions and provide input. The applicant shall prepare detailed minutes of the meetings including a written record of the comments provided by the community members.

The applicant shall provide and hold all required community meetings in accordance with all of the following:
(1) Give, at minimum, a single presentation detailing the components of the proposed development project and a description of any impacts or benefits to the community.
(2) Provide contact information whereby individuals can contact the applicant to solicit further information.
(3) Allocate sufficient time for the attendees to pose questions and provide input.
(4) Livestream the meeting and subsequent questions and discussion on a publicly-accessible streaming platform.
(5) Provide the City with a video and audio recording of the presentation and subsequent questions and discussion to post to the City’s project webpage.
(6) Provide a summary of the presentation and questions and answers provided during the first meeting as part of the presentation at the second meeting.
(7) Provide a description of all specific community-suggested input and/or proposed changes to the project which were discussed at the first meeting and identify which community-suggested items were incorporated into a revised project scope. To the extent any community-suggested input and/or proposed changes were not incorporated into a revised project scope, the applicant shall describe in the presentation for the second meeting why those items were not included within the revised project scope, if applicable. (8) Detailed minutes of the meetings including a written record of the comments provided by the community members.
(h) Providing information to city after community meeting. Not more than four (4) days following the last community meeting, the developer shall submit City Council 30 – 8 5/16/2023
Ordinance No. NS-XXX

5 to the city an affidavit under penalty of perjury that the required community meetings were held in compliance with this section and will submit copies of all notices, notification lists, site postings, advertisements, or other communications used to publicize the meetings. The applicant shall also provide to the city a copy of the presentation materials, minutes and the written record of, and response to, the public comments made at each community meeting, and the video and audio recording of the meeting. The public input will be made part of the public record and included on the City’s project’s website and as attachments to planning commission staff reports.

Should the applicant fail to provide the city all information and materials by timelines required under this subsection, any development project application resubmittal will be deemed incomplete and not accepted until such time as all required information and materials are provided. (i) [Notice.] Notice of planning commission public hearings shall be in conformance with the requirements provided in subsection 2-153(c), except that it shall be the responsibility of the applicant to provide the director of planning and development services the mailing lists of the names and addresses of those entitled to receive notice under subsection 2-153(c). The noticing provisions contained subsection 2-153(c) shall supersede those contained in section 41-672.

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

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

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

ADOPTED this ______ day of __________________, 2023.
_________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney
City Council 30 – 9 5/16/2023
Ordinance No. NS-XXX

AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-____ to be the original ordinance adopted by the City Council of the City of Santa Ana on __________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: _______________ _______________________________
Clerk of the Council
City of Santa Ana
City Council 30 – 10 5/16/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 16, 2023
TOPIC: Purchasing Policies and Procedures

AGENDA TITLE
Ordinance Amending City Manager’s Contracting Authority for Public Works and NonPublic Works Contracts Under Chapter 2, Article VII and Article VII.II and Public Works Construction Rules and Regulations Under Chapter 33, Article VIII of the Santa Ana Municipal Code

RECOMMENDED ACTION
Approve the first reading of an ordinance amending Articles VII and VII.II of Chapter 2 regarding the City Manager’s contracting authority and City purchasing rules and regulations, and Article VIII of Chapter 33 regarding Public Works construction rules and regulations of the Santa Ana Municipal Code as follows:
i) Amend Section 2-748 of Chapter 2, Article VII concerning the City Manager’s Contracting Authority:
(1) Public Works contracts to increase from $250,000 to $750,000; (2) emergency public works construction contracts to increase from $100,000 to $750,000; and
(3) Non-Public Works and Public Works contract change orders authority increase from 10 percent or $25,000, whichever is greater, to 20 percent. ii) Amend Section 2-803 to 2-807 of Chapter 2, Articles VII.II concerning Purchasing Rules and Regulations:
(1) Clarifying language administrative in nature;
(2) Extending local vendor preference to increase from procurement between $5,000 and $100,000 to procurement between $15,000 and $100,000; (3) For administrative contracts to increase from $5,000 to $15,000; (4) For informal contracts to increase from $5,000 and $25,000 to $15,000 and $50,000;
(5) For formal contracts to increase from $25,000 to $50,000 (6) For no-bid purchases to increase from $25,000 to $50,000; and (7) Add language to coincide with current practices for awarding service contracts.

City Council 31 – 1 5/16/2023
Purchasing Policies and Procedures
May 16, 2023

iii) Amend Section 33-203 of Chapter 33, Article VIII concerning the Public Works Construction Rules and Regulations:
(1) Housekeeping language administrative in nature.

EXECUTIVE SUMMARY
The City of Santa Ana’s Public Works Agency is responsible for building and maintaining Santa Ana’s infrastructure to maintain the quality of life of its residents and businesses. This includes building, maintaining, and administering projects related to public streets, traffic management, storm drains, sewers, water, trash collection, recycling, street sweeping, public right-of-way landscaping, park maintenance, graffiti removal, fleet maintenance, building maintenance, and facility improvements.

Since the beginning of FY 2022-23, the City of Santa Ana has drafted and solicited over 105 Invitations for Bids (IFB) and Requests for Proposals (RFP); of which, approximately 76 percent were related to a Public Works Agency project. The Public Works Agency, together with the Finance and Management Services Agency, finds that revisions to both the City Manager’s contract authority and purchasing requirements regarding its informal and formal bidding process are recommended to modernize the City’s procurement process, increase the pool of companies who bid on City projects, increase efficiency, expedite project delivery, and closely align the City’s purchasing requirements with newly enacted federal and state guidelines while maintaining local vendor preferences.

If approved, the City Manager will have authority to enter into public works contracts up to $750,000 and bidding requirements will increase (formal bid process) to $50,000 for both public works and non-public works contracts.

DISCUSSION
Background
The City’s Municipal Code includes authority for the City Manager to bind contracts, purchasing thresholds for informal bids and formal bids, and local preference allowances. The City Council last updated the City Manger’s contracting authority in March 2019, increasing it from $25,000 to $250,000 for public works contracts, and $25,000 to $50,000 for non-public works contracts. The City Council last updated the purchasing thresholds (i.e. informal and formal bidding requirements) in 2012.

Formal and Informal Bid Threshold
The City has an existing formal process to advertise for and collect bids and proposals for purchases of goods and services over $25,000, and an informal bid requirement for purchases over $5,000.

Informal bids require staff to document at least three informal quotes gathered via phone or email for purchases between $5,000 and $25,000, unless unique City Council 31 – 2 5/16/2023
Purchasing Policies and Procedures
May 16, 2023

circumstances dictate the goods or services are only available from less than three vendors.

Formal bids are required for purchases in excess of $25,000 by way of IFB or RFP. The formal bidding requires solicitation through Planetbids, the City’s current e-Procurement portal, as well as a public notice. Public notice includes publication in a newspaper of general circulation for public works contracts.

Due to the increasing cost of goods and services, informal and formal bidding have become more frequent. Staff recommends increasing the informal and formal bidding threshold requirement to $15,001 to $50,000, and $50,001 and above, respectively.

The revision would allow flexibility for staff to do as-needed procurement at local businesses, more efficient project delivery, and increased efficiency with existing resources.

Comparison to Other Cities and Proposed Thresholds
The following table summarizes the contracting and purchasing authority for charter cities in Southern California with populations from 300,000 to 500,000. The table includes the current and proposed thresholds for Santa Ana.

City CM Authority Informal Bids Formal Bids Local
Preference
Anaheim All: Up to
$200,000
Public Projects:
$10,000-
$50,000 require
up to 3 quotes
Public Projects:

Over $100k
All Other:
>$20,000
5% maximum
$2,000
Irvine All: Up to
$1,000,000
Public Projects:
>$60,000-
$200,000
All Other:
$10,000-
$45,000
Public Projects:
>$200,000
All Other:
$45,000-
$200,000
5% maximum
$2,000
Long Beach All: Up to
$200,000
None Required Public Projects:
$25,000
All Other:
>$100,000
10% maximum
$10,000
Riverside All: Up to
$50,000
Public Projects:

Up to $25,000
All Other:

Up to $50,000
Public Projects:
>$50,000
All Other:
>$50,000
5%
Santa Ana
(Current)
Public Works
Contracts:

All: All:
>$25,000
7% small Santa
Ana business
City Council 31 – 3 5/16/2023
Purchasing Policies and Procedures
May 16, 2023

City CM Authority Informal Bids Formal Bids Local
Preference
Up to $250,000
All Other:

Up to $50,000
>$5,000-
$25,000
or 4% Orange
County
business, for
purchases up
to $100,000
Santa Ana
(Proposed)
Public Works
Contracts:

Up to $750,000
All Other:

No Change
All:
>$15,000-
$50,000
All:
>$50,000
No Change
Several of the cities on this list noted that they are also considering increasing contract authority and procurement thresholds.

City Manager Contracting Authority
The City’s current municipal code authorizes the City Manager to bind the City to any non-public works contract in an amount not to exceed $50,000 and any public works contract in an amount not to exceed $250,000. The municipal code also authorizes the City Manager to bind the City on change orders to any one public work contract of no more than ten percent of the original contract amount, or $25,000, whichever is greater.

With the increasing amount of public works projects, increasing cost of goods and services, and desire to improve project delivery, the Public Works Agency and Finance and Management Services Agency both recommend increasing the City Manager’s contracting authority from $250,000 to $750,000 for public works contracts. All other contracts above $50,000 will continue to require City Council approval. Additionally, staff recommends increasing the City Manager’s change order authority to increase from ten percent to 20 percent of the original contract amount.

Housekeeping Adjustments
Revisions are proposed to Articles VII and VII.II of Chapter 2 regarding City Manager’s contracting authority and City purchasing rules and regulations, and Article VIII of Chapter 33 regarding Public Works construction rules and regulations of the Santa Ana Municipal Code to clarify the City’s current practice and additional clean-up language which are administrative in nature.

FISCAL IMPACT
There is no quantifiable fiscal impact associated with the proposed ordinance. However, the City would be able to utilize staff resources more efficiently for other public services.

EXHIBIT(S)
City Council 31 – 4 5/16/2023
Purchasing Policies and Procedures
May 16, 2023

1. Ordinance including Chapter 2, Article VII and VII.II and Chapter 33 of the Santa Ana Municipal Code
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 31 – 5 5/16/2023
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLES VII AND VII.II OF
CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE
REGARDING CITY MANAGER’S CONTRACTING

AUTHORITY AND CITY PURCHASING RULES AND
REGULATIONS, AND ARTICLE VIII OF CHAPTER 33 OF

THE SANTA ANA MUNICIPAL CODE REGARDING PUBLIC

WORKS CONSTRUCTION RULES AND REGULATIONS
WHEREAS, Sections 421 and 422 of the Santa Ana City Charter provide that the City Council may by ordinance authorize the City Manager to bind the City on non-public works contracts and public works contracts for such amounts as may be established from time to time.

WHEREAS, Sections 421 and 422 also provide that the City Council may by ordinance establish rules and procedures for competitive bidding for non-public works contracts and public works contracts.

WHEREAS, on March 19, 2019, the City Council adopted Ordinance No. NS-2963, by which the City Manager’s contracting authority was increased to $50,000 for non-public works contracts and to $250,000 for public works contracts.

WHEREAS, the City Council is regularly presented with a voluminous amount of contracts and agreements for approval annually. The process to obtain City Council approval can be lengthy and requires a substantial amount of City staff time. This process can also adversely impact the City’s ability to provide efficient and timely delivery of services to its constituents and businesses.

WHEREAS, since the beginning of the current Fiscal Year, the City of Santa Ana, has prepared and solicited over 105 Invitations for Bids (IFB) and Requests for Proposals (RFP); of which, approximately seventy six percent (76%) were related to a Public Works Agency project. The Public Works Agency, together with the Finance and Management Services Agency, finds that revisions to both the City Manager’s contract authority and purchasing requirements regarding its informal and formal bidding process are necessary to modernize the City’s procurement process, increase the pool of companies who bid on City projects, increase efficiency, expedite project delivery, and closely align the City’s purchasing requirements with newly enacted federal and state guidelines, while also maintaining local vendor preferences.

WHEREAS, further increasing the City Manager’s contracting authority for both non-public works and public works contracts and other housekeeping changes to the City’s procurement rules and procedures are also desirable because they will free staff time to devote to other necessary public services and facilitate participation of small local vendors for the City’s business, as the formal process can be time-consuming and costly.

EXHIBIT 1
City Council 31 – 6 5/16/2023
Ordinance No. NS-XXX

WHEREAS, further increasing the City Manager’s contracting authority for both non-public works and public works contracts and change orders to such contracts will also further streamline the process to execute Public Works Agency contracts and agreements for the construction, rehabilitation, maintenance, testing and inspection of public infrastructure, thereby improving the delivery of services necessary for the continued enhancement and preservation of such public infrastructure.

WHEREAS, due to the increasing cost of goods and services as a result of normal, as well as historic inflation, informal and formal bidding have become more frequent.

Increasing the informal and formal bidding threshold requirement will allow flexibility for City staff to perform as-needed procurement at local businesses, complete more efficient project deliveries, and increase overall efficiency with existing resources.

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

Section 1. The recitals above are each incorporated and adopted as findings by the City Council.

Section 2. Section 2-748 of Article VII (City Manager’s Contracting Authority) of Chapter 2 (Administration) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined, deleted language in strikeout for tracking purposes only):

Sec. 2-748. – City manager’s contracting authority.
(a) Non-public works contracts.
(1) The city manager is authorized to bind the city to any one (1) or more written non-public works contract, per vendor, in an amount or amounts not exceeding the sum of fifty thousand dollars ($50,000.00). For purposes of this section, a non-public works contract shall mean any contract not deemed to be a public works contract under subsection (b)(1).
(2) The city manager is hereby authorized to bind the city on amendments to any one (1) non-public works contract when such amendment for any one (1) nonpublic works contract, together with any previously approved amendments for said contract, do not cumulatively amount to an increase of the city's expenditure obligation under said contract of more than twenty (20) percent of the original contract amount.
(b) Public works contracts.
(1) The city manager is authorized to bind the city to any one (1) or more written public works contract, per vendor, in an amount or amounts not exceeding the sum of two seven hundred and fifty thousand dollars ($250,000.00) ($750,000).

For purposes of this section, a public works contract shall be deemed to mean City Council 31 – 7 5/16/2023
Ordinance No. NS-XXX

a project for the erection, improvement, and/or maintenance, inspection, testing and repair of public buildings, streets, drains, sewers, or parks. (2) The city manager is authorized to bind the city to any one (1) written contract for emergency public works construction in an amount not exceeding the sum of one hundred thousand dollars ($100,000) seven hundred fifty thousand dollars ($750,000).
(3) The city manager is hereby authorized to bind the city on change orders to any one (1) public works contract, per vendor, without previous city council approval when such change order for any one (1) public works contract, together with any previously approved change orders for said contract, do not cumulatively amount to an increase of the city's expenditure obligation under said contract of more than ten (10) twenty (20) percent of the original contract amount., or the amount of fifty thousand dollars ($50,000), whichever is the greater.

Sec. 2-749. Reserved.

Section 3. Section 2-803.1 of Article VII.II (Purchasing Rules and Regulations) of Chapter 2 (Administration) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined, deleted language in strikeout for tracking purposes only):

Sec. 2-803.1. Local preference in contracts for materials, supplies, labor and equipment.

Except for those contracts for which the Charter of the City of Santa Ana prohibits the provision of a local preference, and/or those contracts funded through programs or partners which prohibit the use of a local preference, the city council authorizes the purchasing manager to extend a preference to local business and Orange County business as set forth herein.
(a) In the procurement of material, supplies, labor and equipment involving expenditures between five thousand ($5,000) fifteen thousand dollars ($15,000) and one hundred thousand dollars ($100,000.00), the purchasing manager shall extend a preference to each local business and each Orange County business, which preference shall be applied to the bid which provides maximum quality at minimum price. Said preference shall be set by resolution of the city council. (b) If the bidder submitting the maximum quality at minimum cost bid is not a local business or an Orange County business, and if a local business or an Orange County business has submitted a responsive and responsible bid, and with the benefit of the applicable preference, the bid submitted by local business or Orange County business is equal to or less than the original maximum quality at minimum cost bid, the contract shall be awarded to the local business or the Orange County business at its submitted bid price. If two (2) or more low bids received are equal after the application of the preference, the contract shall be awarded in the following order:
(1) To a local business.

City Council 31 – 8 5/16/2023
Ordinance No. NS-XXX

(2) To an Orange County business.
(3) To the bidder submitting the maximum quality at minimum cost bid.

The city shall reserve the right to reject any or all bids. (c) In order for the preference to apply, a bidder must certify under penalty of perjury, that the bidder qualifies as a local business or Orange County business.

The preference is waived if the certification does not appear on the bid.

Section 4. Section 2-805 of Article VII.II (Purchasing Rules and Regulations) of Chapter 2 (Administration) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined, deleted language in strikeout for tracking purposes only):

Sec. 2-805. Procurement of materials, supplies, labor, and equipment between five hundred dollars ($500.00) and twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000).
(a) For agreements exceeding five hundred dollars ($500.00) but not exceeding five thousand dollars ($5,000) fifteen thousand dollars ($15,000), the city manager may bind the city on contracts for materials, supplies, labor, and equipment in amounts not exceeding five thousand dollars ($5,000) fifteen thousand dollars ($15,000) in any one contract, or in the aggregate with any one vendor or service provider. These contracts can be entered into administratively without the need for informal or formal bidding.
(b) Unless exempt from bidding pursuant section 2-807, all contracts involving an expenditure between five thousand dollars ($5,000) and twenty-five thousand dollars ($25,000) fifteen thousand dollars ($15,000) and fifty thousand dollars ($50,000) for materials, supplies, labor, and equipment shall be let on the basis of obtaining maximum quality at minimum cost in accordance with procedures established by the purchasing manager. Those procedures shall provide for at a minimum the following:
(1) There shall be a written or verbal invitation for bid which shall include the following information: A general description of the things to be purchased or project, the time and place for bid opening when applicable, bid instructions, and the terms and conditions of the bid and any resulting contract. The purchasing manager shall make a good faith effort to notify all businesses engaged in providing such materials, supplies, labor, and equipment located within the boundaries of the city of the opportunity to bid. (2) Where required by state or federal law or regulations, or upon request by a bidder, the bids shall be opened, if sealed, and declared in public at the time and place stated on the "Invitation for Bid."
City Council 31 – 9 5/16/2023
Ordinance No. NS-XXX

Section 5. Section 2-806 of Article VII.II (Purchasing Rules and Regulations) of Chapter 2 (Administration) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined, deleted language in strikeout for tracking purposes only):

Sec. 2-806. Procurement of materials, supplies, labor, and equipment in excess of twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000).

Unless exempt from bidding pursuant to section 2-807, all contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000) for materials, supplies, labor, and equipment shall be let on the basis of obtaining maximum quality at minimum cost, in accordance with procedures established by the purchasing manager. Those procedures shall provide for at least the following:
(a) Public notices inviting bids shall include a general description of the things to be purchased and the date, time, and place for bid opening. Adequate public notice of the invitation for bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, in accordance with regulations established by the purchasing manager. To the extent that public notice is by way of publication in a newspaper of general circulation, such publication shall be for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids. Public notice shall occur as follows:
(1) For all public works contracts, public notice shall occur by way of publication in a newspaper of general circulation and such publication shall be for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids.
(2) For non-public works contracts, public notice shall occur by way of electronic bidding system for the purpose of receiving sealed electronic bids or proposed contracts.
(b) Invitation of bids shall be mailed or transmitted by other means established by the administrative code but not recited over the telephone or in person. Any interested bidder may obtain an invitation for bid.
(c) All bids shall be submitted sealed in accordance with the instructions contained in the "Invitation for Bid" form.
(d) The bids shall be opened in public, at the time and place stated on the "Invitation for Bid." All bids shall be publicly declared.

City Council 31 – 10 5/16/2023
Ordinance No. NS-XXX

Section 6. Section 2-807 of Article VII.II (Purchasing Rules and Regulations) of Chapter 2 (Administration) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows (new language is underlined, deleted language in strikeout for tracking purposes only):

Sec. 2-807. Non-bid purchases.

The following contracts may be exempted from competitive bidding through an open market purchase by the purchasing manager, and confirmed by the city council in the case of contracts for over twenty-five thousand dollars ($25,000) fifty thousand dollars ($50,000), but shall nevertheless be entered into only after compliance with the rules established by the purchasing manager, which shall include the review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality at minimum costs:
(a) Purchases of materials, supplies, labor, and equipment whenever it shall appear that there is only one (1) reasonably available source or where solicitation of bids would for any reason be an idle act.
(b) Purchases of materials, supplies, labor, and equipment necessary for the preservation of life, health or property, following the declaration of a state of emergency or disaster in the city. A full written account of emergency procurements made during the declared emergency or disaster shall be submitted to the city council within thirty (30) days after their procurement. (c) Situations where no bids are received or all bids are rejected and the city council determines, upon the affirmative vote of at least two-thirds (⅔) of its members, that the materials, supplies, labor or equipment can be obtained at a lower cost. (d) Purchases from vendors whose names are on current established lists and have been awarded the same type of purchase contract by a federal agency (including the general services administration), a state agency, county, city or other public agency after a competitive bidding process determined by the purchasing manager to be substantially equivalent to that prescribed by this article. (e) Contracts for services.

Section 7. Section 33-203 of Article VIII (Public Works Construction Rules and Regulations) of Chapter 33 (Streets, Sidewalks and Public Works) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows:

Sec. 33-203. Procurement of public works construction.

The following procedure shall apply to every contract for which final plans and specifications are available in conformance with procurement rules defined in Article VII and Article VII.II of Chapter 2 of the Santa Ana Municipal Code:
(a) Notice inviting bids. Notice inviting bids shall include a general description of the public works construction, the place to obtain the plans and specifications, and the date, time, and place for opening bids. The notice shall be published in a City Council 31 – 11 5/16/2023
Ordinance No. NS-XXX

newspaper of general circulation in the city for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids. The city shall make a good faith effort to send a notice inviting bids to all businesses engaged in providing labor and materials for such construction located within the boundaries of the city.
(b) The bid. Included with the plans and specifications for a work of public works construction shall be the following documents: Instructions to bidder, proposal, bond samples and the contract. The bidder shall execute the proposal and contract, and submit them sealed with at least a ten (10) per cent bid bond, cashier's check or certified check.
(c) Award of contract. Upon opening the bids at the date, time and place stated in the notice, the aggregate bid of each bidder shall be publicly declared. Following the determination of the lowest and best bidder, the proposal and agreement from this bidder shall be sent to the city attorney for approval as to form. The documents shall then be presented to the city council for approval and authorization for execution. If two (2) or more bids received are the same and the lowest, the council may accept the one it chooses.
(d) Notification of award. A notification letter, a request for bonds, when necessary, and a copy of the fully executed contract shall be delivered to the successful bidder.
(e) Performance bonds. To secure faithful performance of the contract, the city manager is authorized to require security in the form of cash, cashier's check, certified check or corporate faithful performance bonds, in the following percentages of the aggregate amount bid: One hundred (100) per cent bond for faithful performance, and fifty (50) per cent contractor's payment bond. (f) Rejection of bids. The right to reject all bids is expressly reserved to the city council. After rejecting such bids, or if no bids are received, the city council may determine and declare that, in its opinion based on estimates submitted by the city manager, the public works construction may be performed better or more economically by the city with its own employees, and after the adoption of a motion to this effect by the affirmative votes of at least two-thirds (⅔) of the members of the city council, the council may proceed to have said work done in the manner stated without further observance of the provision of this article.

Section 8. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and the CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to sections 15061(b)(3) and 15061(b)(5) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment. As a result, Environmental Review No. 2023-27 will be filed upon adoption of this ordinance.

City Council 31 – 12 5/16/2023
Ordinance No. NS-XXX

Section 9. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional.

Section 10. This Ordinance shall become effective thirty (30) days after its adoption.

Section 11. The Clerk of Council shall certify the adoption of this Ordinance and shall cause the same to be published as required by law.

ADOPTED this ______ day of __________________, 2023.
_________________________
Valerie Amezcua
Mayor

APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:

Jonathan T. Martinez
Assistant City Attorney
AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ City Council 31 – 13 5/16/2023
Ordinance No. NS-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-____ to be the original ordinance adopted by the City Council of the City of Santa Ana on __________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: _______________ _______________________________
City Clerk
City of Santa Ana
City Council 31 – 14 5/16/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 32
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 16, 2023
TOPIC: Ceremonial Street Naming Ordinance

AGENDA TITLE
Ordinance Amending Article XI of Chapter 33 of the Santa Ana Municipal Code (Streets Sidewalks and Public Works) Related to Ceremonial Street Naming

RECOMMENDED ACTION
Approve first reading of an ordinance amending Article XI of Chapter 33 of the Municipal Code relating to ceremonial street naming.

DISCUSSION
On August 2, 2022, the City Council adopted Ordinance No. NS 3024 to recognize outstanding individuals or events that have made a significant impact on the community through the commemorative or honorary naming of streets or intersections.

Subsequently, on January 17, 2023, the City Council expressed an interest in amending the ordinance. As drafted, the amendment to the ordinance (Exhibit 1) limits the number of City blocks and number of honorary topper signs that can be implememented to be able to maximize the opportunity to honor Santa Ana individuals or events deserving of recognition.

The proposed amendments to the ordinace are as follows:

1. Limit the number of city blocks to a maximum of two contiguous blocks on a single street that can be designated to recognize individuals or events.

2. Limit the number of citywide streets to one street that can be designated to recognize individuals or events.

3. Limit the number of sign toppers to two total sign toppers that shall be installed on either end of the section of street designated for the commemorative or honorary street naming.

To continue to allow for the recognition of individuals or events that are of particular importance to the City of Santa Ana or have made significant contributions to improving the quality of life in the City, the proposed ordinance (Exhibit 1) amends Article XI of City Council 32 – 1 5/16/2023
Ceremonial Street Naming Ordinance
May 16, 2023

Chapter 33 of the Santa Ana Municipal Code that creates updated specifications when allowing the ceremonial street naming.

It is important to note that the limitations of the amended ordinace shall not apply retroactively to any ceremonial streets that have already been designated by the City Council.

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

EXHIBIT(S)

1. Ordinance Amending Article XI of Chapter 33 of the Santa Ana Municipal Code (Streets, Sidewalks, and Public Works) Relating to Ceremonial Street Naming Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Kristine Ridge, City Manager
City Council 32 – 2 5/16/2023
Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING ARTICLE XI OF CHAPTER 33 OF

THE SANTA ANA MUNICIPAL CODE (STREETS,

SIDEWALKS AND PUBLIC WORKS) RELATING TO

CEREMONIAL STREET NAMING
WHEREAS, on August 2, 2022, the City Council adopted Ordinance No. NS-3024 amending Chapter 33 of the Santa Ana Municipal Code (Streets, Sidewalks and Public Works) by adding Article XI enabling ceremonial naming of streets to recognize outstanding individuals or events that have made a significant impact on the community; and
WHEREAS, the number of streets in the City are finite; and WHEREAS, a limitation on the manner and number of ceremonial street signs for any one individual or event is needed to maximize the opportunity to honor Santa Ana individuals or events deserving of recognition; and
WHEREAS, this limitation shall not apply retroactively to any ceremonial streets that have already been designated by the City Council.

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

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Section 33-260 (General provisions) of Article XI of Chapter 33 of the Santa Ana Municipal Code is hereby amended to read as follows:

Sec. 33-260. - General provisions.
(a) Only entire blocks of public streets or intersections may be granted ceremonial street names.
(b) A ceremonial street naming application may only be initiated by:
(1) A resident or owner of a property abutting the street; or (2) Neighborhood or community groups; or
(3) A current City Councilmember.

EXHIBIT 1
City Council 32 – 3 5/16/2023
Ordinance No. NS-XXX

(c) Candidates for ceremonial street names shall be limited to the name of an individual, philanthropic organization, significant event or landmark. (d) Ceremonial street names shall be in the form of a “Sign Topper,” which is a sheet metal sign that is placed on top of the standard City street sign identification and shall adhere to the following specifications:
(1) Ceremonial street naming cannot contain a product name or be used for a commercial purpose.
(2) Ceremonial street naming must be a name of an individual, philanthropic organization, landmarks or an event.
(3) A ceremonial street Sign Topper must include the word “Honorary.” (4) No more than one ceremonial Sign Topper per street block. (54) Only one (1) Sign Topper may be placed on any pole. (65) Sign Toppers shall not be attached to traffic signal mast arms. (76) Ceremonial names shall not duplicate any currently existing official street names.
(87) Up to five (5) Sign Toppers may be located at any one intersection, coincident with existing street name signs.
(98) Sign Toppers may not be attached to traffic signal poles. (109) No one (1) candidate may receive City Council approval for a Sign Topper recognition on more than one (1) street or intersection. (10) Each ceremonial street name shall cover a street section comprising a maximum of two (2) contiguous blocks and shall be applied to a single street, where no more than two (2) Sign Toppers shall be installed on existing poles at either end of the designated street section.

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

Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any EXHIBIT 1
City Council 32 – 4 5/16/2023
Ordinance No. NS-XXX

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

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

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

ADOPTED this _______ day of ___________, 2023.
_________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:_________________________
Brandon Salvatierra
Deputy City Attorney
AYES: Councilmembers ______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ EXHIBIT 1
City Council 32 – 5 5/16/2023
Ordinance No. NS-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Norma Orozco, Acting Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-____________ to be the original ordinance adopted by the City Council of the City of Santa Ana on _______________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana.

Date: ________________ ____________________________________ Acting Clerk of the Council
City of Santa Ana
EXHIBIT 1
City Council 32 – 6 5/16/2023
City Council Meeting Date
May 16, 2023
Subject
Employee Recognition
Councilmember-Requested Item Title
Discuss and Consider Directing the City Manager to Develop and Implement an Employee Anniversary Pin and Recognition Policy
Discussion
Santa Ana employees are a vital part of the Santa Ana community, and dedicated employees committed to serving with the City of Santa Ana are essential to ensuring high quality, efficient, and culturally responsive services to residents, visitors, and businesses.

The City previously provided commemorative pins recognizing an employee’s years of service (e.g., 10 years, 15 years), but such pins were discontinued in or around 2019.

We seek to direct the City Manager to develop a policy for such pins, obtain services to design said pins, and implement such recognition policy.

We believe this policy would be a small, positive, and inexpensive gesture to recognize employee loyalty.

Submitted By
• Mayor Valerie Amezcua
• Councilmember Thai Viet Phan
City Council 33 – 1 5/16/2023
Community Development Agency
www.santa-ana.org/community-development
Item # 2
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 16, 2023
TOPIC: First Amendment to On-Call Agreements for Affordable Housing Financial, Analytical, and Advisory Services

AGENDA TITLE
Approve a First Amendment to Agreements with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc. for On-Call Affordable Housing Financial, Analytical, and Advisory Services on an As–Needed Basis in a Shared Amount not to exceed $500,000

RECOMMENDED ACTION
Authorize the Executive Director to execute a First Amendment to three joint on-call consultant agreements for affordable housing financial, analytical, and advisory services with Keyser Marston Associates, Inc., David Paul Rosen & Associates, and RSG, Inc., to add an additional $250,000 and to extend the term for two years until November 1, 2026, for a total shared amount not to exceed $500,000, subject to non-substantive changes approved by the Executive Director and Authority General Counsel.

DISCUSSION
Due to the large volume of grants and activities to provide affordable housing for our residents, staff is supported by real estate consultants who provide affordable housing financial, analytical, and advisory services. These consultants provide general multifamily and single family affordable housing financial, analytical, and advisory services, bond issuance services, and assist with the City’s inclusionary housing ordinance and density bonus ordinance. Following a competitive procurement process, on November 16, 2021, the City Council and Housing Authority authorized the City Manager and Executive Director of the Housing Authority to enter into on-call consultant agreements for affordable housing financial, analytical, and advisory services with Keyser Marston Associates, Inc. (KMA), David Paul Rosen & Associates (DRA), and RSG, Inc. (RSG) for a three-year term beginning November 16, 2021 through November 1, 2024, in a total shared amount not to exceed $250,000.

Halfway through the term of these three on-call agreements, staff has exhausted the $250,000 in available funds originally allocated by the City Council and the Housing Authority. This is because staff has worked on various major projects with these consultants to provide affordable housing for our residents including the funding of three large multifamily affordable housing projects: Westview House, Crossroads at Washington, and WISEPlace Permanent Supportive Housing. These three projects City Council 2 – 1 5/16/2023
First Amendment to Agreements for Affordable Housing Financial, Analytical, and Advisory Services
May 16, 2023

involved the allocation of $13,805,577 in affordable housing funds and 66 project-based vouchers that will lead to the creation of 218 new units of affordable and permanent supportive housing. In particular, KMA assisted staff with extensive financial analyses and technical support for these three projects.

Representatives from both KMA and RSG assisted staff with the City’s most recent Request for Proposals for Affordable Housing Development (RFP #21-136) issued on December 8, 2021 with City Council approval. This RFP led to an award of funds for the development of WISEPlace and a commitment of funds for the development of six new affordable homeownership opportunities with Habitat for Humanity of Orange County. In addition to the consulting services needed to finance affordable housing projects, KMA recently completed an update to the City’s Affordable Housing Opportunity and Creation Ordinance manuals and Inclusionary Housing Plan forms.

These manuals had not been updated since 2015.

RSG performed a disparate housing analysis for the requested project at 2202 East First Street where RSG analyzed a number of data points to help the City determine if the project was consistent with fair housing laws and City planning policies.

Furthermore, RSG assisted housing staff with compliance monitoring activities to ensure that tenants in City-funded affordable housing units were not overpaying for housing, income qualified, and living in decent, safe, and sanitary housing. In addition, DRA also provided consultation services for density bonus agreements and for local home owner’s association (HOA) issues for troubled HOAs in the City.

The work on all of these major projects exhausted the $250,000 in available funds for these three on-call agreements. Therefore, staff is returning to the City Council and the Housing Authority to request approval to amend these three agreements (first amendment) to add an additional $250,000 (Exhibits 1, 2, and 3).

Staff is also seeking to extend these agreements by an additional two years (from threeyear agreements to five-year agreements). In the coming months, staff will be working with KMA for additional consulting work on North Harbor Village, a proposal from the Illumination Foundation to develop permanent supportive housing on Bewley Street (pending consideration by the City Council), the loan closing for FX Residences, and a possible Homekey application to the State of California, amongst various other projects and priorities. Staff is also working on a new request for proposals for affordable homeownership opportunities to bring to the City Council. Staff anticipates needing additional affordable housing financial, analytical, and advisory services to support us with the volume of grants and activity to provide affordable housing for our residents.

FISCAL IMPACT
Prior to utilizing any of these on-call services, staff will ensure sufficient funds are available in the appropriate program budget and will track expenditures to ensure the City and Housing Authority does not exceed the aggregate $500,000 maximum total.

City Council 2 – 2 5/16/2023
First Amendment to Agreements for Affordable Housing Financial, Analytical, and Advisory Services
May 16, 2023

The Housing Authority anticipates that a variety of affordable housing funds may be utilized for these on-call agreements, including, but not limited to the following programs:

Accounting UnitAccount Fund Description Accounting Unit, Account Description
14018760-62300 Housing Choice Vouchers HCV, Contract ServicesProfessional 60718810-62300 Low and Moderate Income Housing
Asset Fund
LMIHAF, Contract ServicesProfessional

EXHIBIT(S)

1. First Amendment to Agreement with Keyser Marston Associates, Inc.

2. First Amendment to Agreement with David Paul Rosen & Associates

3. First Amendment to Agreement with RSG, Inc.

Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Kristine Ridge, City Manager
City Council 2 – 3 5/16/2023
City Council 2 – 4 5/16/2023
City Council 2 – 5 5/16/2023
City Council 2 – 6 5/16/2023
City Council 2 – 7 5/16/2023
1 FIRST AMENDMENT TO AGREEMENT TO PROVIDE ON-CALL AFFORDABLE

HOUSING FINANCIAL, ANALYTICAL AND ADVISORY SERVICES
(RSG, Inc.)
THIS FIRST AMENDMENT (“First Amendment”) to the above referenced agreement is entered into this 16th day of May, 2023, by and between RSG, Inc., a California corporation (“Consultant”), and jointly 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”), and the Housing Authority of the City of Santa Ana, a public body, corporate and politic (“Authority”).

City and Authority shall jointly or interchangeably, as applicable, be referred to as “City” for purposes of this First Amendment.

RECITALS
A. On November 16, 2021, the City entered into Agreement #A-2021-229-03 (“Agreement”), with Consultant to provide on-call affordable housing financial, analytical and advisory services for general multifamily affordable housing financial advisory services; general single family affordable housing program financial analytical services; multifamily and/or single family bond issuance financial advisory services; and the City’s Inclusionary Housing Program financial analysis on an as-needed basis.

B. The Agreement is one of three agreements for vendors selected in response to RFQ No. 21-107. The Agreement provides for each Consultant to share in an aggregate compensation amount for the on-call services detailed in the Agreement. The Agreement runs through November 1, 2024, includes the ability to extend its term upon a writing executed by the City Manager and the City Attorney, and is current and in-effect.

C. The parties now wish to amend the Agreement to increase the overall compensation amongst the selected vendors by $250,000.00, and agree to extend the term of the Agreement by two (2) years. The increase in compensation is to accommodate an exhaustion of funds.

Consultant assisted with extensive financial analyses and technical support. There are additional pending projects that still require the assistance of Consultant.

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. Section 2.a, COMPENSATION, shall be amended to read in its entirety as follows:
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B-1.

Consultant is one of three (3) Consultants selected to provide affordable housing financial, analytical, and advisory services on an as needed basis under RFQ No. 21-107. The total compensation for services provided by all Consultants selected under RFQ No. 21-107 is a collective amount not to exceed Five Hundred Thousand Dollars ($500,000.00) during the term of the Agreement including any City Council 2 – 8 5/16/2023
City Council 2 – 9 5/16/2023