Santa Ana City Council
October 17, 2023

AGREEMENT TO PROVIDE DIGITAL CONTENT HOSTING AND DISTRIBUTION FOR THE SANTA ANA PUBLIC LIBRARY COLLECTION THIS AGREEMENT is made and entered into this 17th day of October, 2023 by and between OverDrive, Inc., a Delaware corporation ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of digital content hosting and distribution. 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in Exhibit A including but not limited to hosting a digital online e-library providing e-books in both English and Spanish, audio books in both English and Spanish, streaming videos, young adult content and teen content. 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 Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed Four Hundred, Five Thousand Dollars and Zero Cents ($405,000). b. Any monies allocated for each year in Exhibit B, but not utilized, may be used in subsequent years provided the total Agreement not-to-exceed amount does not change. c. 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.

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3. TERM This Agreement shall commence on November 1, 2023 for a term of thirty-two (32) months, ending June 30, 2026, with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by the City Manager and City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent 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. 5. RESERVED 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder and the results of that work by Consultant, their agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance (1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage. (3) : as required by the State of California, with Statutory Limits, $1,000,000 per accident for bodily injury or disease.

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(4) Professional Liability and/or Errors & Omissions Insurance: applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year. (5) Broader Coverage: if Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions (1) Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). (2) Primary Coverage: For any claims related to this contract, Consultantcoverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultantall not contribute with it. (3) Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (4) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (5) Self-Insured Retentions: Self-insured retentions must be declared to and approved by the City. The City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. (6) Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. rating of no less than A:VII, unless otherwise acceptable to the City. (7) Claims Made Policies: If any of the required policies provide claims-made coverage:

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i. The retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, Consultant five (5) years after completion of work. (8) Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (9) Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (10) Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been 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,

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to the extent Conservices are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less thnonpublic 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. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.

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12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the fact that payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

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17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and r 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. 20. 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

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With courtesy copies to: Executive Director, Library Services Agency City of Santa Ana 26 Civic Center Plaza (M-75) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-627-4211 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 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. 21. REPLACEMENT OF PRIOR AGREEMENT The parties acknowledge the prior agreement between the parties (A-2021-012), dated February 1, 2021, is hereby replaced in its entirety by this Agreement. This Agreement shall be effective, and the prior agreement shall be terminated, upon the effective date of this Agreement as set forth in Section 3 of this Agreement. Upon the effective date of this Agreement, all provisions of the prior agreement are hereby superseded in their entirety. Payments made on the prior agreement shall be applied to the services contemplated by this Agreement. [signature page follows] OverDrive, Inc. One OverDrive Way Cleveland, OH 44125 Attn: Erica Lazzaro, General Counsel Fax 216-573-6889

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.ATTEST: CITY OF SANTA ANAJennifer L. Hall Kristine Ridge City Clerk City ManagerAPPROVED AS TO FORM:SONIA R. CARVALHOCONSULTANT:City AttorneyBy: Brandon SalvatierraDeputy City AttorneyRECOMMENDED FOR APPROVAL:Brian SternbergExecutive DirectorLibrary Services By: Erica LazzaroTitle: General Counsel Brian Sternberg (Oct 2, 2023 07:50 PDT)

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EXHIBIT A SCOPE OF SERVICES

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Statement of Qualifications Firm and Personnel Experience: OverDrive Company Profile OverDrive has provided secure digital content hosting management and distribution since its founding in 1986. As the possibilities of the internet and digital books evolved through the 1990s, we refocused our mission. OverDrive launched our content distribution service in 2000, reading platform, OverDrive now offers the largest digital content catalog in the world to more than 38,000 libraries and schools in 70 countries and the highest-rated apps that are built to create reading happiness. OverDrive employs over 300 full time employees at its world headquarters in Cleveland, Ohio. OverDrive strives to provide unparalleled customized services to all library, school, and academic partners to ensure successful digital collections are built and maintained with digital content that will be well-circulated and relevant to that community of users. Through the -term, trusted relationships with publisher, library and school partners around the world. From the beginning, it has been equally important to align with the mission of our global network to support communities with passion and collaboration while championing reading literacy. As we continue to reach for new goals, OverDrivecompany and what we strive for each day: A World Enlightened by Reading. OverDrive is a Certified B Corporation, a growing global movement of people using business as a force for gooand environmental performance, transparency and accountability. OverDrive is proud to be a certified B Corp and to celebrate everything we stand for: Empowering communities with our services, supporting literacy and creating reading happiness; supporting initiatives that offer work-life balance for our employees; and incorporating work practices and business policies that strengthen and preserve our environment for future generations. To be a B Corporation is a chance as a business to be accountable and solve social and environmental challenges that we face today and tomorrow. In addition to championing the needs of readers and seeking to delight more readers every day, OverDrive is committed to recycling, volunteering with local charities, professional development for employees and providing a positive social impact. Today, there are thousands of Certified B Corporations around the globe. OverDrive is proud to join this prestigious group in redefining success in business, so that one day everyone uses business as a force for good. OverDrive Personnel Assisting with The Santa Ana Digital Service: Sarah Delano, Account Specialist: Sarah helps Santa Ana Public Library with the day-to-day upkeep of their website, general inquiries, facilitating fixes for technical issues, and providing customized marketing or training upon request. Sarah Delano is an avid reader and has been active with libraries since a young age. After graduating w

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she immediately entered the book industry full time and has fallen in love with it ever since. Sarah has been an Account Specialist with OverDrive for two years and she currently works with West Coast libraries from Alaska to HawaiiLeslie Prusinski will assist with any matters that may arise. Meghan Volchko, Collection Development Specialist: Meghan assists Santa Ana and other public libraries develop their collections through reporting and analysis, budgeting, marketing programs like book clubs, and more. love of libraries started early, hiding in the book drop while her grandmother worked the circulation desk at her local public library. Meghan graduated with an MLIS from Kent State University, then worked in academic libraries until coming to OverDrive in 2014, where she has worked for the last 3 years with public libraries on the West Coast and in ArizonOverDrive Collection Development Analyst for Santa Ana Public Library, Emma Dwyer, or her director, Karen Estrovich, will assist with any collection development needs. Sarah and Meghan will utilize their work time as necessary to provide any and all assistance requested by Santa Ana Public Library related to the OverDrive service. OverDrive does not utilize subcontractors to provide the services proposed in this bid. Implementation Plans As an existing OverDrive customer, there would be no required new implementation to maintain the current service for the start of a new contract. The following provides information regarding the OverDrive platform, support options, and features, including specific options currently utilized by Santa Ana Public Library- such as the multilingual interface and availability of Kindle format (available for library lending only from OverDrive). Authentication Santa Ana Public Library connects to OverDrive through their TLC system in order to validate patrons. They are currently using a SIP connection in order to provide seamless access to users. As of 2017, Santa Ana is also using Content Access Levels in order to help Juvenile users only see age appropriate content. If Santa Ana were ever to change ILS systems, OverDrive would be able to assist with the settings for the OverDrive platform at no charge. OverDrive is able to work with nearly every ILS vendor on the market including Polaris, Innovative, SirsiDynex, Koha, and Evergreen. OverDrive is also able to authenticate using Patron API connections, rather than SIP, and allow any library to use our OverDrive APIs in order to better their catalog. The addition of APIs to a before even going to the OverDrive site.

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OverDrive-Hosted Digital Collection navigation and personalization for patrons (https://santaanapubliclibrary.overdrive.com/). When the patron first visits the library-branded page (all system-wide updates are also included at no additional cost), they will encounter curated collections designed by their staff. They can also choose between different language interfaces, including the English, Spanish and Simplified Chinese options currently available at the Santa Ana Public Library site. OverDrive offers many other foreign language UI options to allow for the widest possible audience to have the capability to utilize the digital collection. in multiple languages, with redesigned covers, navigation, predictive search, and account capabilities

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If a patron is already logged in with their library card to the patron-facing website (the library card number can also be stored on their device to avoid logging in every time), a title can be checked out in a one click. As shown in the screenshot below, a patron can easily identify available content for borrowing, as well as easily see when they are able to place a hold on a ton below, the title is browser by utilizing the OverDrive Read (browser-based) eBook format without any required software programs (or can they choose to use the OverDrive apps). via the OverDrive Read format and allow the patron to read the title instantly in the current browser, as well as sync their reading progress across all of their browsers to ensure that they can pick up reading later right where they had previously left off. Within OverDrive Read, a patron has numerous options on how to best enjoy their title. OverDrive offers patrons the ability to set bookmarks, jump to pages/chapters, view their reading history within the title, designate their Reading Settings (such as text scale, lighting, book design, dyslexic font option, etc.), as well as download the title for offline reading with the Offline Access feature.

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OverDrive Read also allows patrons to quickly jump to a certain page, view their history, set up their preferences in Reading Settings, and download all pages for offline reading via the Offline Access feature If a patron goes to a title view page, they will be able to see how many copies the library has purchased/how many are available for checkout, sample, add to Wish List, available formats, subject headings, Lexile, ATOS, Interest Level, description of the title, as well as details, and reviews from outlets such as Publishers Weekly. Also displayed are similar titles that the patron may enjoy. Title information page Once the patron has determined they want to check out the title, all they need to is click Borrow, or they can hit the drop down next to the Borrow button to select their checkout period (it can be modified to allow for additional options, such as 7, 14, and 21 day options, although Santa Ana currently has 14 days selected for all formats). It will then show up under Loans on in their individual collection. The patron can then either choose the Read Now option and use the OverDrive Read format to see the title in their browser, or other format options such as Kindle (available exclusively on OverDrive for library lending), ePUB or PDF. The title can also be given a star rating and easily returned from this screen.

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Titles currently on loan to the patron will be displayed here Patrons can easily return the title directly from their bookshelf waiting list for, wish list titles (sorted by all titles and available now), and individualized settings.

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does not need to always set their lending period or be exposed to content that is not right for that patron. At the Settings page, default lending periods can be set by format, automatic hold checkouts can be set up, content preferences, as well as accessibility features such as high contract mode and dyslexic font, which can be enabled to provide a better patron experience for readings with dyslexia. Settings page where the patron can designate the preferences for their digital checkouts -facing website features predictive search capabilities and allows patrons to search on the main site by title, author, series and subject. Screenshot of the predictive search capabilities at the patron-facing website

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From the Advanced Search menu, patrons have a large variety of searches they can run. Advanced Search features search by: title, author, subject, availability, audience, date added to collection, format, language and ISBN. Screenshot of the Advanced Search capabilities at the patron-facing website In addition to these search features, OverDrive also allows a patron to view the various subjects in the digital collection and narrow down their title search in this manner.

New search feature with the most recent OverDrive upgraded site allows patrons to browse the collection by subject and format

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Kids and Teens eReading Room OverDrive offers a separate URL and interface for younger users of the public library service, Room that participating libraries can take advantage of. The library has the ability to set the age restrictions for the content mature content that may be available for lending at the general library website. Pictured below The example above is the Kids eReading Room currently available from the El Paso Public Library digital collection Recommend to Library OverDrive offers a Holds Manager, Recommend to Library Manager, and Smart Lists. Using the Holds Manager feature, libraries can manage demand on the website by easily building carts or automating orders based on holds. You can create an unlimited number of Holds Manager plans, and each time it runs, a cart is created for review or an order can be placed for a holds-driven order on your behalf if you so choose. The Recommend to Library Manager feature allows you to respond to recommended titles from patrons. By using this option, you can create as many Recommend to Library plans as needed. These plans can automatically place a recommendations-driven order on your behalf, or create a cart for your review. The Smart List is a powerful collection development aid and time-saving tool that automatically Smart Lists automatically build carts based on criteria you specify, including price, on-sale date, most desired genres and subjects, popular authors and series, press attention, languages and more. You can also set up a Smart List to manage repurchasing metered access content, so in-

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demand metered access titles can always be available for your patrons. You can create as many Smart Lists as you like, and they will not submit purchase orders automatically on your behalf- you will always have the chance to review carts generated by Smart Lists before placing orders. Web-Based Staff Training and Patron Support convenience of your staff, and are also available on-demand anytime, anywhere for future viewing (great for new staff, or as a refresher for current staff on how to use the service). For new customers (or existing customers looking for a refresher), OverDrive requires the Collection Checklist - your digital library and keep them coming back with next generation content and collection tools from OverDrive. Just the Basics - Learn how to browse, borrow, and enjoy eBooks and audiobooks from your Next Generation library using a computer or mobile device. In addition to the starter courses, OverDrive offers on-demand training modules, downloadable PDFs, live webcasts, tools to educate your staff and end users, as well as easy links to OverDrive Help resources. At the OverDrive Resource Center (http://resources.overdrive.com), OverDrive provides all of the information that the library, as well as patrons, can utilize to become OverDrive experts.

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OverDrive also provides content selectors with ample training documentation at the Resource Center, with videos, PowerPoints and PDFs that cover topics such as: Shopping for Titles in Marketplace, Understanding Lending Models, Curating Digital Collections for Your Library, Managing Marketplace Account Settings, Managing Content Access Levels, Managing Holds, and Marketplace Reports. OverDrive offers all the aforementioned training materials at the OverDrive Resource Center. In addition, OverDrive also has an OverDrive Marketplace User Guide available online at http://company.overdrive.com/files/CR-User-Reference-Guide.pdf. The Marketplace User Guide is easily searchable and answers any questions that staff may have in utilizing the tools in Marketplace, including ordering, reporting, administrative permissions, local content management, curating information, support, and more. Upon request, OverDrive can also coordinate with the library to provide on-site staff or user training sessions with OverDrive trainers. Secondary User Support- OverDrive Front Line Tech Support- is included at no additional cost! OverDrive becomes the go-to for direct patron support, as Front Line Tech Support is available 24/7, 365 through a designated web form that is created for the library. Whenever a patron requires support and goes to the 'Get support' button on the OverDrive site or app, they will be directed to the link for that library. Also available directly within Libby, patrons can use the Customer Support Form for Libby specific questions through the Feedback tab. This helps library staff free up the time they currently spend responding to any OverDrive-related questions from patrons. OverDrive Help (http://help.overdrive.com) offers patrons immediate assistance with how-to videos, FAQs and tutorials for using the OverDrive service on any device

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OverDrive also offers its award winning and frequently updated OverDrive Help (http://help.overdrive.com) links on all of its websites. Patrons can easily view the Help website to see FAQs and how-to videos for downloading digital content on their favorite devices. Apps and Device Compatibility OverDrive offers Libby, a free, easy to use app in the Google Play (Android) App Store (iOS), and Microsoft App stores. Libby has a groundbreaking eBook reader and a beautiful audiobook player built into one free app. Libby allows patrons to download eBooks and audiobooks for offline reading, or stream them to save space. Libby helps patrons by synching their positions, bookmarks, and notes across devices. Libby also allows patrons to sample any book with a tap- nothing to download or delete. Patrons can also enjoy zoomable graphic novels within Libby, or a picture book with readalong audio. OverDrive is compatible with more devices than any other digital library provider, including the Kindle format, exclusively available from OverDrive. Using OverDrive, patrons can download to all Android devices, iOS (iPad, iPhone, iPod), Chromebook, eReaders, Kindle eReaders, Kindle Fire, Kobo tablets, Nook tablet, Windows, Windows Phone, Mac, Windows Phone, and MP3 players. As OverDrive tests new devices for compatibility as they are released, OverDrive does not anticipate that there are any limitations or devices that are not currently supported. Marketing Support OverDrive offers substantial assistance to libraries to promote awareness and increase usage in the community for their digital library service. Included at no cost is free promotional and wide variety of resource available to the library to increase awareness, promote usage, simplify the process for new and existing users, and more to ensure continued success and growth of promoting your collection, OverDrive offers additional assistance by contacting [email protected] or your OverDrive Account Specialist directly. Currently available at the Resource Center, the following items can be generated directly by the library: Print-Ready Materials: Get the word out quickly and easily with these print-ready materials. Santa Ana can add its OverDrive URL to the editable field at the bottom and print in-house or through a local printer. Available materials include: posters, flyers, stickers, New to Rack Cards, eBook Shelf Cards, Summer Reading Promotional Kit, Teen Lit bookmarks, Read-along eBook flyers, audiobook flyers, getting started guides for new users and refreshers for experienced users, and international language marketing kits (currently available in Spanish, French, Chinese and Russian to bring in more users in your community).

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Digital Resources:website, blog, and other social media accounts to encourage audiences to visit your electronic library service. Communication Templates: Use these templates and audio clips to promote your website to staff, users or news and media outlets to get the word out in the community about your electronic library service. Available resources include: press release templates, newsletter articles, radio ads, social post ideas, getting started email templates.

Programming and Events: Even more ideas available here to help spread the word and engage more users with suggested activities and programming ideas designed to spark interest in your electronic library service. In addition to the Resource Center, OverDrive can also work with Santa Ana Public Library to establish book clubs or special reading programs with your digital resources. OverDrive runs a regular Big Library Read, where all participating libraries have access to a particular title for unlimited simultaneous access so that all users can borrow the book without the library needing to purchase it during the Big Library Read period. While the Big Library Read is essentially a worldwide book club, OverDrive can also work with Santa Ana to promote a county-wide book program by working with the library and utilizing our relationships with publishers to find a title that will be of high interest in the community and affordable to the library to make available in this model.

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Previous Big Library Read programs have included titles such as American Sniper while it was in the theaters By working with Santa Ana to promote the service to the various community groups and across all age ranges, OverDrive is confident it can see a surge in usage of the digital library service and bring great value to Santa Ana in its continued usage of the OverDrive platform.OverDrive also offers book club models, where OverDrive can work with the library and specific publishers to obtain permission to loan a title with simultaneous use access. This allows all library patrons to access the selected title an unlimited number of times during the set book club time period. Successful book club programs that OverDrive has worked with library partners on include the London City Read, the One Book One Community (Kitsap Regional Library), and -Isle Libraries.OverDrive works with libraries to create book clubs and promote the simultaneous use titles to their communityNEW: Get a Library Card Currently offered in several libraries around the country, the Get a Library Card feature in Libby will allow new patrons to sign up for a library card using their smartphone or tablet, confirming

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their residency without requiring a visit to their library branch. By utilizing a potential new ea. When a new patron is added through the Libby app, the patron record is then available to the library for new patron reach out so that they can be set up with a full library card. This service is available for an additional fee of $0.90 per successful patron. Business Plan will have 3-5 individuals who work on this contracted service for Santa Ana Public Library, including Meghan (Collection Development Specialist I) and Sarah (Account Specialist I) listed above as the primary individuals who work with the library. In addition, Emma Dwyer (Collection Development Analyst), Karen Estrovich (Director of Collection Development), and Leslie Prusinski (Manager, Library Partner Services) may assist in working with Santa Ana Public Library for any needs that may arise with their OverDrive service. Meghan and Sarah visit California at least once a quarter to visit library partners and plan their trips throughout the year around the different areas of the state. During their visits, they typically will plan time for a meeting with the library around major OverDrive updates, a Partner Analysis Review, and any outstanding issues the library may have. For smaller library systems, they will also hold staff and/or user training sessions surrounding Marketplace, the OverDrive app, and Libby. There will be no subcontractors utilized for this service.

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Content Selection OverDrive Marketplace Features customers to not only preview, select and purchase content, but also run reports, provide support, curate collections, and much more and works on modern web browsers for Mac, PC, and tablets, including iPad. There is no charge for using Marketplace or any of the services offered within the site, including customized lists and collection development assistance by -house staff of over 25 trained librarians. OverDrive Marketplace home page, where customers start searching for new content, run reports, curate content, etc.Upon logging into the Marketplace, customers will see a banner with current featured sales and promotions, as well as highlighted sale or popular titles. Also along the left side, a customer can instantly view smart lists such as Top 200 series search (to see gaps in series you currently offer), Top 200 adult titles not in your collection, Top 200 YA titles not in your collection and Top 200 juvenile titles not in your collection. Also available on the top left corner is a Preorder Titles tab, where content selectors can select titles that are not yet released to be added to their website to generate interest and holds, but will not be invoiced until the title is set live for lending. OverDrive also features the Must-haves along the left side, providing custom lists of content that includes current sales, as well as weekly New York Times Bestseller lists, USA Today Bestseller lists, and other highlights. Searching for the Right Content Searching for the right content is also vital when browsing the Marketplace, so OverDrive has developed a robust Advanced Search feature to allow content selectors to run and save searches for future use.

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Advanced Search within Marketplace allows for content selectors to run powerful searches with over 20 different search fields to find the right titles When viewing an individual title within Marketplace, selectors can easily identify the full title price, lending model, number of units, pending purchases, premium reviews, full title previews, formats available, subject, text difficulty, ATOS level, Interest level, etc. Sample title page for a Metered Access title within the OverDrive Marketplace From the search view, all of the title information is available without needing to view the individual title, and it can instantly be added to a designated cart for review and/or purchase.

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Once a customer finds the titles it wants to purchase, it can build carts within Marketplace. carts, or create brand new carts for select types of content. Carts can be named, pinned, locked, edited, merged, etc. to ensure the right content is purchased. Once you decide to purchase a cart of titles, the library is given the option of paying by credit card, having their account billed, or using content credit on file. Also now available within Marketplace is brand new Invoicing functionality. This includes allowing authorized staff to view open invoices, paid invoices, and pay directly for selected invoices within Marketplace. Create carts with custom names, pin them, lock them and purchase them directly within OverDrive Marketplace The OverDrive Marketplace also features role-based access, so permissions can be set up for various patrons within the Marketplace to ensure only authorized individuals can purchase content, run reports, etc. Also available within the Marketplace are support features for libraries to help manage their digital collection. Under the Support tab, authorized staff can manage holds, return titles from the Marketplace Patron Guide, OverDrive Help, register for live webcasts, and contact OverDrive for technical support and invoicing support. Your dedicated OverDrive Team and contact information is also displayed so the library will always know who to contact for any OverDrive-related questions. Support tab within Marketplace allows for staff to run administrative features on the digital collection, as well as instantly view their OverDrive representatives to quickly get in touch for any issues that may arise

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The News tab within Marketplace will keep customers informed on any planned maintenance, new blog posts, social media features, etc. customers up-to-date on all things OverDrive, including sales and planned maintenance In the Best of Marketplace, under the Featured tab, OverDrive offers recommended lists of premium content in Marketplace and money-saving offers on titles from our leading catalog of publishers, such as highlighted lists, staff picks, and seasonal title lists to highlight titles that selectors may want to add to its current collection. Reporting OverDrive offers 24/7/365 reporting capabilities within the OverDrive Marketplace that can be exported via CSV format for use within Excel. OverDrive Marketplace offers numerous tools for staff and content selectors to utilize to ensure success of the digital collection, such as tracking circulations, holds, year-to-year expenditures, and popular titles. Using the available tools in the OverDrive Marketplace, libraries can run reports on the following items: Merchandising Management: View all saved featured lists, used in Marketplace merchandizing. As needed, rename, edit or delete lists. Collection Usage Reports: o Current Waiting List: View titles your users have on hold. o Circulation Activity: View One Copy/One User, Metered Access, and/or Simultaneous Use circulation data. o Project Gutenberg Activity: View circulation data for any Project Gutenberg titles that were not added to your collection as part of the Project Gutenberg Simultaneous Use plan. o recommended titles into a cart in one click. o Title Status and Usage: View details and circulation data for all titles in your collection. Includes One Copy/One User, Metered Access, Cost Per Circ, and/or Simultaneous Use titles. o Library Statistics Report: View an overview of your digital library, including overall and current checkouts, holds, and users. o Most Viewed Titles: See the 50 most-OverDrive website. Purchases & Subscriptions:

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o Purchased Titles: View details for all titles purchased within a specific date range. Includes One Copy/One User and Metered Access titles. o Purchase Order History: View all purchase orders placed by library, including Holds Manager, RTL Manager, and Smart List purchases. o Content Credit Order History: View all content credit purchased. o Simultaneous Use Orders o CPC Invoicing History: View past invoices for Cost Per Circ checkouts. o MARC Records Orders: View all MARC record orders to date. o Recalled Content: There may be occasions when purchased content is recalled (for example, if the digital rights for a title were incorrect). View details on recalled content, including titles, purchase details, and credits issued. User Statistics: o Search Checkoutsreactivate download links. o New User Registration: View new user registration by day, month or branch. o User Traffic: View user traffic statistics, including active visits and page views. o Unique User Activity Website Statistics: o Top Referrer URLs: See how users are finding your site. View the top 50 referral URLs from which your users access your digital library. o Most Viewed Pages: See the 50 most-viewed pages at your OverDrive website. Digital Content Available from OverDrive English Language eBooks OverDrive strives to have the largest collection of eBooks available to libraries, from new bestsellers to well-loved backlist. OverDrive offers top publishers, including Penguin Random House, HarperCollins, Hachette, Macmillan, W.W. Norton, Simon & Schuster, Scribner, and more. In addition, through Smashwords, OverDrive can provide new, upcoming authors that self-publish.

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In addition to the current bestsellers, OverDrive also offers access to the titles that patrons are going to be clamoring to read. Preorder purchasing by the library allows patrons to put those must-read titles on hold and lets libraries know how demand will run for the title. Our digital catalog includes titles for patrons of all ages, as we have extensive collections of eBooks for YA and Children. Titles are available for purchase in different lending models, as decided by publishers, and include One Copy/One User, Metered Access, Cost Per Circ, and Simultaneous Use. Also, many of these titles are available in Kindle format, in addition to EPUB and OverDrive Read. Spanish Language eBooks As a global company, OverDrive works with publishers from around the world to offer digital content in many different languages. OverDrive is concentrating on working with Spanish-language publishers and it has enabled us to provide libraries with a wide variety of content options, reflected in the over 77,000 Spanish eBook titles available for purchase in Marketplace, from publishers such as Penguin Random House Grupo Editorial España, Grupo Planeta, Harlequin, Pottermore, Roca Editorial de Libros , HarperCollins Ibérica S.A., and more.

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We also offer Spanish-language read-alongs, a format which shows the words and pictures of a book, while reading the story to the patron. Titles for all age levels are included in our Spanish-language collection, including bi-lingual titles, and are sold in different access models One Copy/One User and Metered Access. We also have a dedicated librarian, Elissa Miller, formerly of DC Public Library, who works to ensure that our Spanish content is up-to-date and relevant to readers.

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English Language Audiobooks rmat, and with an ever growing catalog of titles, they will continue to grow in popularity. With access to the top Audiobook publishers, such as Books on Tape, Blackstone Audio, Tantor Media, Simon & Schuster, Recorded Books, HarperCollins, AudioGO and more, there is something for everyone to enjoy. round out any collection. Along with One Copy/One User and Metered Access, we have Simultaneous Use plans for Audiobooks, including popular content from Blackstone Audio and Tantor Media. These are great to reduce holds and allow patrons to have unlimited access to the Audiobooks that they want, without having to wait and at a low, set price for the library.

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Titles are available to borrow in MP3 and OverDrive Listen formats, and can be downloaded to devices or streamed for convenience. Spanish Language Audiobooks Audiobook popularity is not just limited to English language titles, as OverDrive also has an extensive collection of Spanish language audiobooks, over 2,000 titles, that is growing along with patrons desire to access this content from their libraries. Major publishers include Audiomol, Editorial Fonolibros, Recorded Books, Sonolibro, Penguin Random House Grupo Editorial, S.A.U, and Harper Collins Español. Our Audiobook content includes popular titles that are translations of English-language bestsellers and original Spanish-language content.

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Streaming Video in Multiple Languages OverDrive offers nearly 30,000 streaming video titles for patrons to stream to their devices and enjoy. We have titles from such publishers as Weston Woods, Dreamscape Media, Live Oak Media, The Great Courses, Virgil Films, Music Box Films, Cindeigm, PBS, Selectmedia Entertainment, Magnolia Pictures, and more. We also have Streaming Video titles in many other languages, including Spanish, Korean, Chinese, French, and Japanese. Our collections of for those young and young at heart. Some of our other best circulating collections are those of our instructional and exercise videos, allowing patrons to learn new skills and find greater health. Additional Foreign Language Content OverDrive is committed to offering a wide breadth of content in languages other than English, as we currently offer content in over 70 languages. As we expand globally, we have had more opportunity to work with publishers around the globe to sell their content in Marketplace. We offer content in most of the major world languages, with large collections of Spanish, German, Chinese, Japanese, French, and Russian. We also want to represent these collections to as many readers as possible, so we have many languages in both eBook and Audiobook format, and have customizable marketing kits available to libraries to advertise their languages other than English collections.

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EXHIBIT B COMPENSATION Order Form

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©2023OverDrive,Inc. One OverDrive WayCleveland,OH44125 P:+1216-573-6886 F:+1216-573-6889Page1of2 OverDrive® Digital Library Reserve Order FormLibrary InformationName of Library: Santa Ana Public LibraryAddress: 26 Civic Center Plaza, M-75City, State/Province, Postal Code: Santa Ana, CA 92701 Country: USAPrimaryContactName: Lynn NguyenTitle:Principal LibrarianTelephone:(714) 647-5259Email:[email protected] Contact(all invoices will be emailed to the contact listed below):Name: Maria Castro Title: Senior Management AnalystTelephone:(714) 647-5269Email:[email protected] ToAddress:26 Civic Center Plaza, M-75City, State/Province, Postal Code:Santa Ana, CA 92701Country: USATerm Schedule Annual Fee (USD)November 1, 2023 throughJune 30, 2024$ 70,000 (includes $6,000 platform fee, $56,000 allocated for the purchase of Digital Content, $5,000 for an annual magazine subscription service, for SVOD and Universal Class). For the avoidance of doubt, OverDrive will invoice only the $25,000 One-Time Content Credit Deposit for the Term, November 1, 2023 through June 30, 2024, if Library paid OverDrive the $70,000 Annual Fee, due for this Term, prior to execution of this OverDrive Digital Library Reserve Order Form.July 1, 2024 through June 30, 2025$ 95,000 (includes $6,000 platform fee, $81,000 allocated for the purchase of Digital Content, $5,000 for an annual for SVOD and Universal Class).July 1, 2025 through June 30, 2026$ 95,000 (includes $6,000 platform fee, $81,000 allocated for the purchase of Digital Content, $5,000 for an annual for SVOD and Universal Class).In addition to the Annual Fee, Library requests to be invoiced in the amount of $ 25,000 (USD)-Time Content Credit -Time Content Credit Deposit will be invoiced on November 1, 2023.All payments due to OverDrive under this Agreement are due within thirty (30) days of presentation of invoice.OverDrive sends emails about promotions, new products and services. By checking this box, you consent to receiving communications and promotional emails to your Primary Contact email address. These emails also include an easy method to manage your subscription(s), including unsubscribing to future emails.

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©2023 OverDrive, Inc. One OverDrive Way Cleveland, OH 44125 P: +1 216-573-6886 F: +1 216-573-6889 Page 2 of 2 OverDrive Terms and Conditions: The Initial Term of this Agreement shall be for thirty-two (32) months, commencing on November 1, 2023. OverDrive and Library may renew this Agreement, following the Initial Term, for two (2) additional one (1) year terms upon mutual written agreement. OverDrive Digital Library Reserve is licensed pursuant to the OverDrive Digital Library Reserve Access Agreement, available at http://www.overdrive.com/dlr-aa.pdf, the terms of which are incorporated herein and may be modified from time to time. OverDrive agrees and understands that continuation of this Agreement is contingent upon the Library obtaining available funding for these services. Should funding not become available, the Agreement is subject to termination as detailed in Section 3.2 of the OverDrive Digital Library Reserve Access Agreement. Upon , this OverDrive Digital Library Reserve Order Form shall supersede and replace the Agreement to Provide an eBook Content Platform for the Santa Ana Public Library Collection entered into by and between the parties on the 1st day of February 2021. Acknowledgement and Acceptance: On behalf of my Library, I represent and warrant that I have the authority to enter into this Agreement and my signature below indicates my Librarygreement and acceptance of the OverDrive Digital Library Reserve Access Agreement. By (signature) Title Name (Print) Date

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Overdrive Agreement
Final Audit Report 2023-10-02
Created: 2023-10-02
By: Ella Sepulveda ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAANYDY-INCKacblgkDGpKqbYKpFvVdVdID "Overdrive Agreement" History
Document created by Ella Sepulveda ([email protected]) 2023-10-02 - 2:38:15 PM GMT
Document emailed to Brian Sternberg ([email protected]) for signature 2023-10-02 - 2:39:19 PM GMT
Email viewed by Brian Sternberg ([email protected]) 2023-10-02 - 2:46:27 PM GMT
Document e-signed by Brian Sternberg ([email protected]) Signature Date: 2023-10-02 - 2:50:02 PM GMT - Time Source: server Agreement completed.
2023-10-02 - 2:50:02 PM GMT

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Library
www.santa-ana.org/library
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Library Automation System and Hosting Services

AGENDA TITLE
Approve an Agreement with The Library Corporation (TLC) for a Library Automation System and Hosting Services in an Amount not to Exceed $179,439 (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with The Library Corporation to provide a library automation system and hosting services in an amount not to exceed $179,439 for a term beginning November 1, 2023 and expiring June 30, 2026, with provision for two, 1-year renewal options, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES:Yes

DISCUSSION
On May 19, 2020, the City Council approved an agreement between the City of Santa Ana and The Library Corporation to provide a library automation system and hosting services. The library would like to enter into a new agreement with TLC to add two additional site licenses for the Delhi Branch Library and Jerome Park Library. These site licenses will allow the library to add physical locations and holding codes for the library material collections.

TLC offers a web-based client-server software for managing library accounts, book inventory, circulation, and acquisitions. Patrons can search the catalog in-house or remotely, and the software generates informative reports such as circulation statistics and collection titles. The acquisition module simplifies book budget management and streamlines searching, ordering and cataloging new titles. Hosting services include nightly backup, security, virus protection, and database monitoring and updating.

This system is crucial to the daily operations of the Santa Ana Public Library. Therefore, staff recommends that the City enter into a new agreement with TLC to continue providing the needed services.

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Approve Agreement for a Library Automation System and Hosting Services October 17, 2023

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FISCAL IMPACT
The current fiscal year funding is available in the FY 2023-24 budget, and future fiscal year funding will be included in the proposed budgets for City Council consideration as follows:

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description Amount
FY 23-24 01111190-
66511
General
Fund
Library- Tech & Support
SVCS, Computer
Software Subscriptions
$2,667

FY 24-25 01111190-
66511
General
Fund
Library- Tech & Support
SVCS, Computer
Software Subscriptions
$44,193
FY 25-26 01111190-
66511
General
Fund
Library- Tech & Support
SVCS, Computer
Software Subscriptions
$44,193
FY 26-27 01111190-
66511
General
Fund
Library- Tech & Support
SVCS, Computer
Software Subscriptions
$44,193

FY 27-28 01111190-
66511
General
Fund
Library- Tech & Support
SVCS, Computer
Software Subscriptions
$44,193
TOTAL $179,439

EXHIBIT(S)

1. Agreement
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Steven A. Mendoza, Assistant City Manager

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Parks, Recreation, and Community Services
www.santa-ana.org/parks-recreation
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Agreement with US Geological Survey Western Ecological Resource Center at the Santa Ana Zoo

AGENDA TITLE
Approve an agreement with United States Geological Survey at the Santa Ana Zoo

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with the United States Geological Survey Western Ecological Resource Center, to provide conservation programs for a five-year period, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES:Yes

DISCUSSION
The Santa Ana Zoo at Prentice Park’s mission statement is “The Santa Ana Zoo, through fun, adventure, and learning, empowers the community to save wildlife and wild spaces.” Without successful partnerships, the Santa Ana Zoo cannot fully achieve its mission. By partnering with local conservation organizations, the Zoo is able to enhance its ability to provide animal care and zoo education opportunities. Partnering with the local field station of the United States Department of the Interior, Geological Survey, Western Ecological Resource Center (USGS) helps the Zoo meet its goal of providing viable conservation programs, a requirement for Association of Zoos and Aquariums (AZA) accreditation. The 2023 Guiding Principles of AZA Animal Wellbeing Culture specifically identify:
 Principle #8 - Animal wellbeing is everyone’s responsibility across AZA and is made stronger through active collaboration. Facilities work together in good faith to advance more scientific research and innovation related to animal wellbeing.  Principle #10 - As leaders in animal wellbeing, we actively seek diverse and well- defined partnerships based on shared goals that contribute to learning, growth, innovation, and sharing of knowledge. AZA facilities advance partnerships with

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Agreement with US Geological Survey Western Ecological Resource Center at the Santa Ana Zoo
October 17, 2023

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organizations that can help us move specific, shared objectives forward, even if they may not perfectly align with all of our values.

In 2013, the City Council approved a Memorandum of Understanding with USGS and the Zoo has since served as a home office for the area’s field biologists and several researchers. This agreement continues the relationship begun in 2013 and extended in 2018. USGS pays for the mobile office lease and will pay for their share of utilities expenses (electricity, water, and sewer).

This partnership has facilitated the Zoo becoming more involved in conservation programs and the USGS is able to utilize the Zoo’s facilities for their research. In 2017, Zoo staff joined a conservation program for the endangered mountain yellow-legged frog, which is facilitated by USGS. The frog is native to the upper reaches of the Santa Ana River Watershed and is a direct connection to water conservation and our local environment. A small breeding laboratory exists on-site at the Zoo.

In addition to partnering on active conservation programs, USGS staff have access to the Zoo’s education classrooms to teach habitat restoration workshops and wildlife lectures. Zoo visitors and the community benefit from the increased education programs and local conservation efforts provided by the USGS at the Zoo.

The USGS serves the nation by developing reliable scientific information used to promote wise management of the nation's natural resources that promotes the health, safety, and well-being of the people. Because of the diversity of environments and natural resource issues within Southern California, the USGS and Zoo have a mutual and evolving interest in cooperative research projects and operational programs in the area of environmental sciences. This agreement will be for a five-year term.

EXHIBIT(S)

1. Agreement-USGS
Submitted By: Francisco Arroyo, Principal Management Analyst Approved By: Steven A. Mendoza, Assistant City Manager

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FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1]
Collab Template August 2023 ARS # [2023ZC-13008]

COLLABORATIVE AGREEMENT

BETWEEN
U.S. GEOLOGICAL SURVEY AND THE CITY OF SANTA ANA

This Collaborative Agreement (“Agreement”) is entered into by and between the U.S. Geological Survey (USGS), a bureau of the Department of the Interior, through the offices of its [Western Ecological Research Center], hereinafter referred to as the “USGS” and [the city of Santa Ana, a charter city and municipal corporation, on behalf of the Santa Ana Zoo, hereinafter referred to as “Collaborator.” USGS and Collaborator are sometimes herein referred to as a “Party” and collectively as the “Parties.” Any inconsistency between the standard terms of Articles 1 through 16 of this Agreement and any attachments to this Agreement shall be resolved by giving precedence to Articles 1 through 16.

Whereas, the USGS is authorized to perform collaborative work and prosecute projects in cooperation with other agencies, Federal, State or private, pursuant to 43 USC §36c; and

Whereas, the USGS has a mission in southern California and has need of space and other resources for ecological research to support this mission; and

Whereas, Collaborator has space and utilities for office facilities, equipment storage, government and personal vehicles and other relevant resources and has need of USGS expertise in identifying and coordinating research activities to inform conservation of southern California taxa; and

Whereas, the Project entitled Biodiversity, Demography and Conservation of Southern California Fauna is intended by the Parties to be mutually beneficial and to benefit the people of the United States;

Now, therefore, the Parties hereto agree as follows:

1. Statement of Work.

See the attached Statement of Work (SOW) (Attachment A), incorporated by reference herein.

2. Principal Investigator.

The USGS principal investigator (PI) for this Project is [Robert N. Fisher], [619-206-5686], [[email protected]], and [Western Ecological Research Center San Diego Field Station 4165 Spruance Road San Diego, CA 92021]. The PI for the Collaborator is [Jennifer Walker], [714- 647-6546], [[email protected]], and [Santa Ana Zoo 1801 E. Chestnut Ave. Santa Ana, CA 92701]. In the event that a PI is unable to continue in this Project, the sponsoring agency will make every effort to provide a replacement acceptable to the other Party

3. Title to Equipment.

There will be no joint property purchased as a result of the collaborative effort outlined in the SOW. Each Party will provide its own equipment necessary to support its participation in the SOW.

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FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1]
Collab Template August 2023 ARS # [2023ZC-13008]

4. Term.

The collaborative effort contemplated by this Agreement will commence on the effective date of this Agreement. The effective date of this Agreement shall be the later date of (1) 10/21/2023 or (2) the date of the last signature by the Parties. The expiration date of this Agreement shall be 10/21/2028.

5. Funding/Resource Share.

(a) The Collaborator will provide an estimated $[0.00] in funds-in to the Project. The Collaborator is providing in-kind services and or resources with an estimated value of: $[0.00]. (b) If the Collaborator is a non-governmental organization, the USGS requires an advance of $[0.00]. In the event that the advance payment is not received by USGS, USGS will submit an invoice. Invoices not paid within 30 days from date of bill will bear Interest, and other fees required by Federal law, at the annual rate pursuant the Debt Collection Act of 1982, (codified at 31 U.S.C. § 3717) established by the U.S. Treasury.

(c) This agreement has been negotiated with no funding to be exchanged. Each party will bear its own costs in the performance of this agreement.

(d) The USGS is providing in-kind services and or resources with an estimated value of: $[0.00] to the Project.

(e) The USGS agrees to pay for their proportional utility costs (electricity, water and sewer) in support of WERC operations at the SAZOO through a separate billing document.

6. Amendments/Termination.

This Agreement can be changed or amended only by a written instrument signed by the Parties.

This Agreement may be terminated by either Party on thirty (30) days written notice to the other Party. In the event of an early termination, USGS shall be reimbursed for any completed work or work in progress on the effective date of termination (i.e., when the Agreement actually terminates following the receipt of written notice from the other Party). Any unspent advanced funds will be returned to Collaborator. The USGS shall provide a copy of the outcomes completed as of the effective date of termination in the event of an early termination of the Agreement.

7. Scientific Information/Data.

Each Party is free to publish the information and data developed in the performance of the statement of work (SOW) and data management plan (DMP). Before a Party submits the information and data for publication or otherwise intends to publicly release or disclose scientific information and data that is jointly developed, the other Party will be provided thirty (30) days for review of the proposed release or disclosure, prior to submission for publication. The Parties acknowledge that scientific information and data developed as a result of the SOW are subject to applicable USGS Fundamental Science Practices (FSP) review, approval, and release requirements, which are available in Survey Manual Chapter (SMC) 502.4, Fundamental Science Practices: Review, Approval, and Release of Information Products. The USGS is required to

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FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1]
Collab Template August 2023 ARS # [2023ZC-13008]

provide timely public access to the results of scientific information and data that does not contain sensitive protected information. Data and associated metadata will be open format and publicly accessible. The data and metadata will also be open access and machine readable in accordance with USGS FSP requirements available in SMC 502.7, Fundamental Science Practices: Metadata for USGS Scientific Information Products Including Data and SMC 502.8, Fundamental Science Practices: Review and Approval of Scientific Data for Release.

8. (Reserved)

9. Notices.

Any notice required to be given or which shall be given under this Agreement shall be in writing and delivered by first-class mail to the Parties as follows:

USGS Technical:
[Robert N. Fisher]
[Western Ecological Research Center
San Diego Field Station 4165 Spruance Road San Diego, CA 92021] [[email protected]]
[619-206-5686]
[http://werc.usgs.gov/sandiego]

USGS Administrative:
[Nicole Hettich]
[3020 State University Drive
Modoc Hall, Suite 4004 Sacramento. CA 95819]
[[email protected]]
[916-659-0010]

Collaborative Technical:
[Jennifer Walker]
[Santa Ana Zoo
1801 E. Chestnut Ave. Santa Ana, CA 92701]
[[email protected]]
[714-647-6546]
[www.santaanazoo.org]

Collaborator Administrative:
[Ethan Fisher]
[Santa Ana Zoo
1801 E. Chestnut Ave. Santa Ana, CA 92701]
[[email protected]]
[714-647-6546]

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FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1]
Collab Template August 2023 ARS # [2023ZC-13008]

With copies to:

The City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714-647-6956

Collaborator Financial Information:
[Mary Long]
[Santa Ana Zoo
1801 E. Chestnut Ave. Santa Ana, CA 92701]
[[email protected]]
[714-647-6512]
[Collaborator Finance UEI]

10. Independent Organization.

For purposes of this Agreement and all research and services to be provided hereunder, each Party shall be, and shall be deemed to be, an independent Party and not an agent or employee of the other Party. Each Party shall have exclusive control over its employees in the performance of the SOW. While in field locations, a Party’s employees must adhere to the safety and technical requirements imposed by the Party controlling the work site.

Neither Party has authority to make any statements, representations, or commitments of any kind, or take any action, which shall be binding on the other Party, except as may be explicitly provided for herein or authorized in writing. Neither Party has authority to use the name of the other in advertising or in other forms of publicity without the written permission of the other.

11. Governing Law.
(a) This Agreement is subject to interpretation under State and Federal law. If there is inconsistency between the laws, then Federal law is controlling. Each Party agrees to be responsible for the activities, including the negligence, of their employees. Responsibility of the USGS for the payment of claims for loss of property, personal injury, or death caused by the negligence or wrongful act or omission of a USGS employee, while acting within the scope of their employment, is limited to provisions of the Federal Tort Claims Act, 28 USC §§ 2671-80.

USGS warrants that it is self-insured for the purposes of Worker’s Compensation.

(b) The USGS and the Collaborator make no express or implied warranty as to the conditions of the research, merchantability or fitness for a particular purpose of the research, data, or resulting product incorporating data developed and exchanged under the SOW.

12. Force Majeure. Neither Party shall be held liable for any unforeseeable event beyond its control, not caused by the fault or negligence of such Party, which causes such Party to be unable to perform its obligations under this Agreement, and which it is unable to overcome by the exercise of due diligence including, but not limited to, flood, drought, earthquake, storm, fire, pestilence, lightning, and other natural catastrophes; epidemic, war, riot, civil disturbance, or

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Collab Template August 2023 ARS # [2023ZC-13008]

disobedience; strikes, labor disputes, or failure, threat of failure, or sabotage; or any order or injunction made by a court or public agency. In the event of the occurrence of such a force majeure event, the Party unable to perform must promptly notify the other Party. It shall further use its best efforts to resume performance as quickly as possible and shall suspend performance only for such period of time as is necessary as a result of the force majeure event.

13. Entire Agreement.

This Agreement contains all of the terms of the Parties and supersedes all prior Agreements and understandings related thereto. Due to the specialized nature of the collaborative work, this Agreement is non-assignable by both Parties.

14. Disputes.

The signatories to this Agreement shall expend their best efforts to amicably resolve any dispute that may arise under this Agreement. Any dispute that the signatories are unable to resolve shall be submitted to the Director of the USGS or his/her designee and the [Executive Director PRCSA] of the Collaborator or his/her designee for resolution.

15. Miscellaneous Provisions.

Pursuant to the Anti-Deficiency Act, 31 U.S.C. §1341 (a)(1), nothing herein contained shall be construed as binding the USGS to expend in any one fiscal year any sum in excess of its appropriations or funding in excess or what it has received for the collaborative work outlined in the SOW.

16. Survivability.

The following provisions shall survive the termination of this Agreement: 7.

Publications/Reports/Data, and 14. Disputes.

[signature page follows]

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FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1]
Collab Template August 2023 ARS # [2023ZC-13008]

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the last date listed below.

ACCEPTED AND AGREED
The USGS signatory certifies that:
o The USGS signatory is consistent with the delegations of authority to sign agreements, SM 205.13.
o The Collaborator is a U.S. owned organization.
o The COI form has been coordinated with the Ethics Office, as applicable. o This Collaborative Agreement contains standard terms only or, if it contains non-standard terms, it was sent to OPA for review.

COLLABORATOR
By: _____________________________
Name: ___________________________
Title: ____________________________
Date: ____________________________
U.S. GEOLOGICAL SURVEY
By: ___________________________
Name: _________________________
Title: __________________________
Date: __________________________
ATTEST: RECOMMENDED FOR APPROVAL
Jennifer L Hall Hawk Scott
City Clerk Executive Director
Parks, Recreation, and
Community Services Agency
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:

Brandon Salvatierra
Deputy City Attorney
Kristine Ridge
City Manager
A.Keith Miles, PhD
Director, USGS Western Ecological Research Center
9/29/23
A. MILES
Digitally signed by A. MILES
Date: 2023.09.29 14:28:18
-07'00'

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FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1]
Collab Template August 2023 ARS # [2023ZC-13008]

Attachment A: Statement of Work between USGS and [Collaborator] I. Objectives
• Cooperate in identifying needs and developing priorities for research and inventory projects on Collaborator lands.
• Mutual develop natural resources data for the Collaborator. • Work together to assure effective application of research results into Collaborator resources management.
• Provide annual evaluation to each other regarding the status of effectiveness of USGS - Collaborator working relationships.
• Cooperate in developing suitable facilities for USGS staff conducting fieldwork on Collaborator and neighboring lands.
• Assist the City in analyzing relevant pathology samples as determined on cooperative projects.
• In cooperation with C ollaborator staff, work to increase public awareness of the USGS mission and cooperative Collaborator / USGS conservation/research programs. Such public awareness campaign may include press releases, scientific papers and permanent signage at the Santa Ana Zoo.

II. Term
This agreement shall remain in effect for 5 years upon the last signature of the Parties. This agreement may be extended at any time through an addendum mutually agreed upon and signed by the Parties.

III. Collaborator’s Role and Expertise
The Collaborator will endeavor to:
• Permit and encourage USGS scientist’s and USGS-sponsored research within Collaborator, including issuance of appropriate permits. • Provide space and utilities for office facilities, staff housing, equipment storage, govern ment and personal vehicles, for USGS science staff working at Collaborator. Four (4) parking spaces will be provided and designated as parking spaces for said government spaces.
• Provide administrative and operational support to USGS staff to the level and extent that it advances the mutual goals of each party. • Permit use of Collaborator office, vehicles, lab, field and office equipment by USGS staff when in the mutual interest of both parties. • Provide USGS access to resource data, (e.g. geologic, hy drologic, vegetative, atmospheric, wildlife, cultural, etc.) when it is relevant to research studies. • Use USGS staff to provide scientific review of research, inventory, and monitoring proposals.

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FBMS # (FOP 11.2 A) [23ZCCOLLCSASAZ1]
Collab Template August 2023 ARS # [2023ZC-13008]

IV. USGS’ Role and Expertise
The USGS will endeavor to:
• Cooperate with the Collaborator to identify, prioritize and coordinate research activities necessary to address conservation needs. • Conduct quarterly ecology based educational lectures/workshops presented by USGS scientists and/or similar professionals, which will be free to the general public, students and/or other groups as approved by the Zoo Director. • USGS shall comply with all official Zoo policies with the respect to the Association of Zoos and Aquariums, U.S. Department of Agriculture, California Department of Fish and Game, and other federal, state and local regulations affecting the programs offered pursuant to this Agreement. • Work closely with Collaborator staff with active research programs of the Principal Investigators, currently Robert Fisher and his field assistants. • Provide Collaborator opportunities for discussion of USGS research directions.
• Develop and review proposals for research and monitoring activities to be carried out in and around Orange County.
• Provide Collaborator with research results and other available natural resource information relevant to resources management as available and appropriate.
• Maintain files on current and past research activities that involves Collaborator.
• Actively participate in regional planning, assessment and research activities where the goal is to improve regional ecosystems approaches to land management, including improved integration of Collaborator interests and actions with sounding landowners.
• Assure the adherence of USGS Staff to the guidelines and requirements identified by Collaborator as applicable to research activities conducted in surrounding Collaborator lands.
• Designate a representative from USGS to act as liaison between WERC and Collaborator to receive communications regarding conduct of studies and activities.

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Parks, Recreation, and Community Services
www.santa-ana.org/parks-recreation
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Purchase of Holiday Trees for the Winter Village and Downtown Santa Ana

AGENDA TITLE
Award Purchase Order for Jones Forest Products, LLC for Two Holiday Trees for the Winter Village and Downtown Santa Ana (Specification No.23-163) (General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of Purchase Order to Jones Forest Products, LLC for the procurement, installation, decoration, and removal of two holiday trees for Winter Village and Downtown Santa Ana in the amount of $59,500, plus a contingency of $5,950, for a total amount not to exceed $65,450, subject to non- substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES:Yes

DISCUSSION
The City of Santa Ana will host the third annual Winter Village, an outdoor, family- friendly event located in the Civic Center for Santa Ana residents and the surrounding communities. The event will feature an ice-skating rink, food, holiday décor, and seasonal activities to be open to the public from December 2, 2023 through December 31, 2023. In addition, to celebrate the winter season, the City will install a 32-foot holiday tree at Plaza of the Sun and Plaza Calle Cuarto for public enjoyment from December 1, 2023, through the first week of January 2024.

Santa Ana City Ordinance No. NS-3041 authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it shall appear that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market, and it was determined that Jones Forest Products, LLC’s “turn key” service of growing, harvesting, shipping, installing, decorating, and removing large holiday trees provides the City a complete product and service, therefore meeting Parks, Recreation, and Community Services Agency specifications.

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Purchase of Holiday Trees for the Winter Village and Downtown Santa Ana October 17, 2023

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FISCAL IMPACT
Funds are available in the following account for the specific year:

Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit, Account
Description
Amount
23-24 01113230-63001 General Fund PRCSA-Recreation &
Comm. Svc, Miscellaneous
Operating Expenses
$65,450

EXHIBIT(S)

1. Quote
Submitted By: Francisco Arroyo, Principal Management Analyst Approved By: Steven A. Mendoza, Assistant City Manager

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Jones Forest Products, LLC
PO Box 368
Grants Pass, OR 97528
Phone 541-476-7999
[email protected]

INVOICE
DATE: OCTOBER 2, 2023
TO:

Santa Ana Civic Center
Plaza Calle Cuatro
Contact: Monique Leon, (714) 975-4514

INVOICE
Santa Ana-2023A

COMMENTS OR
SPECIAL INSTRUCTIONS:

Sched
uled to complete by November 26, 2023
No. DESCRIPTION TOTAL
2 30’ White Fir Christmas Trees – Deliv ered two locations as follows:

Plaza Call Cuatro – French St – Complete Project by: Nov. 16th Plaza of the Sun – Civic Center – Complete Project by: Nov. 26th Two Trees and Delivery: $18,000
Installation to include the stand, pl ume and secure tree with guy lines to established anchor points. Includes crane and boom.

Two trees, two locations: $9,500
Decorate each tree with 2000 - C7 LED warm white lights and 400 ornaments of varying sizes and shapes.

Two trees, two locations: $25,000
Removal and site clean-up at season end, date TBD.

Two Trees, two locations: $7,000
$59,500.00
50 % deposit and signed agreem ent due upon receipt
$29,750 due upon acceptan ce of sales agreement
$23,800 due upon comple tion of the delivery, installation and décor $5,950 due upon completion of removal and site clean-up Mak
e checks payable to Jones Forest Products, LLC, PO Box 368, Grants Pass, OR 97528 If y
ou have any questions concerning th is invoice, contact Jill at (541)660-6997 Thank you!
Exhibit 1

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Exhibit 1

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Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Comprehensive Zoning Code Update

AGENDA TITLE
Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an Amount not to Exceed $1,574,515 (Specification No. 23-010) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to make all conforming edits and execute a Professional Service Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) for the Comprehensive Zoning Code Update in an amount not to exceed $1,574,515, which includes a contingency amount of $50,000 and optional tasks totaling $95,700, for a two-year term beginning on October 17, 2023, and expiring on October 31, 2025, with provisions for one two-year extension, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES:Yes

DISCUSSION
The Planning and Building Agency plays a critical role in achieving the City Council’s goals for the physical development of the community. The Planning Division is one of the four divisions that comprise the Planning and Building Agency. The Planning Division is responsible for the review and processing of land use applications and new development, the maintenance of the City’s General Plan and Zoning Code, environmental review, neighborhood initiatives and environmental justice efforts, and historic preservation.

The City Council adopted a comprehensive update to its General Plan on April 19, 2022. The updated General Plan includes significant changes to the Land Use Map that reflect the vision of the community to accommodate future growth along five major transit corridors, and includes policies to address sustainability, health and wellness, and environmental justice concerns through changes to the built environment.

To ensure the City’s Zoning Code and General Plan are consistent, and to maintain compliance with state law, comprehensive amendments to the Zoning Code are

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Comprehensive Zoning Code Update
October 17, 2023

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required. Necessary amendments include the creation of new zoning district designations and corresponding development standards; updates to the definitions, signage, nonconforming, and parking sections; reorganization of the entire Zoning Code to a more user-friendly format; and new standards to reflect new land use trends, economic development trends, and land use goals of the City.

Background and Selection
Planning Division staff released two requests for proposals (RFPs) to solicit services for the comprehensive update of the zoning code in August of 2021 (in anticipation of the General Plan adoption) and November of 2022 (after adoption of the General Plan) respectively, that were initially unsuccessful in soliciting adequate responses that met the City’s needs. Those efforts resulted in one proposal submitted by the same consulting firm for each RFP. As a result, the procurement processes were non- competitive and halted due to there being only one proposal.

Planning staff contacted numerous planning firms in an effort to determine the cause of the limited interest and proposals for these RFPs. Based on the feedback received, staff revised the listed tasks and deliverables in a third RFP and increased the RFP release time to 60 days to allow for more thorough responses to be submitted.

RFP No. 23-010 was advertised on February, 21, 2023, on the City’s online bid and management publication system, PlanetBids, inviting qualified consulting firms with relevant experience to submit their proposals to the City. A summary of RFP vendor participation and results is as follows:
•Vendors notified: 362
•Vendors based in Santa Ana: 3
•Vendors downloaded the bid packet: 29
•Bids Received: 4
•Bids received from Santa Ana vendors: 0
Proposals were solicited, opened on April 13, 2023, and evaluated. Four proposals were submitted by the RFP deadline and all were determined to be responsive. The City formed a selection committee consisting of staff members from the City Manager’s Office, Planning and Building Agency, Public Works Agency, and Community Development Agency. The selection committee evaluated the proposals and interviewed the firms prior to making the final selection. The selected firm, MIG, will provide the Comprehensive Zoning Code Update, which involves making changes to Chapter 41 and the other sections in the Municipal Code that cross-reference or relate to land use and zoning to ensure internal consistency within the Santa Ana Municipal Code and address the aforementioned needed amendments.

City Council
16 –
2 10/17/2023

Comprehensive Zoning Code Update
October 17, 2023

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FISCAL IMPACT
Funds are budgeted and made available in the following accounts for the specified year:

Fiscal
Year
Accounting Unit-
Account #
Fund Description Accounting Unit,
Account Description
Amount
2023/24
2024/25
01116510-62300 General Fund Planning & Building,
Planning, Contract
Services - Professional
$1,574,515
Grand Total $1,574,515

EXHIBIT

1. Agreement with Moore, Iacofano, Goltsman, Inc. (MIG) Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Assistant City Manager

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Santa Ana Comprehensive Zoning Code Update
Revised Scope of Services – August 2023, October 2023
This scope of work focuses on:
 Restructuring and rewriting Chapter 41 (Zoning) of the Santa Ana Municipal Code to improve ease of use, facilitate future updates, and reflect state-of-the-art standards and processes that will achieve quality development projects
 Implementing General Plan policies and implementation programs to achieve long-range goals  Creating new zoning districts from the five General Plan Focus Areas  To the maximum extent possible, incorporating the nearly 100 specific plan zoning districts and overlay zones into the code, either as clear cross references to comprehensive specific plans or by subsuming those plans that are fully built out, into existing and new zoning districts  Incorporating graphics to illustrate development standards and desired conditions  Reworking current administrative procedures to achieve transparent, predictable, and consistent processes for City staff and community members  Ensuring all regulations reflect current State laws
 Addressing City staff’s “fix-it” lists
 Reflecting sustainability principles
 Allowing this new, modern code to be translated into a readily navigable, hyperlinked, web - based code
For ease of readability in the following scope, our team is identified the MIG Team, inclusive of all team members.

Project Assumptions
 Coordination meetings between City staff and the MIG Team largely will consist of video conferences (for time and cost efficiencies).
 For all deliverables provided to the City for review, the City will provide a single set of directed revisions to the MIG Team using Word’s track-changes function.

To facilitate this work approach, as an alternative we can prepare draft documents using Google Docs or SharePoint.

TASK 1: PROJECT OUTLINE, MANAGEMENT, AND COORDINATION
The purpose of this task is to refine the approach to the Zoning Code comprehensive update and lay the foundation for consistent project management and smooth communications throughout the work program. We will also conduct initial research involving best-practices strategies and a high-level audit of the existing Zoning Code and all special area plans.

EXHIBIT A

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Subtask 1.1: Project Initiation and High-level Outline
At the outset of the project and following approval of the final scope, budget, and schedule (subtask

2.1), core MIG Team members will meet with City staff to officially kick off the project, gather data and information, finalize protocols and communications, discuss the public engagement process, explore options for structuring the revised Zoning Code, and outline overall expectations and desired outcomes.

As part of this initial meeting, we will tour Santa Ana with City staff to experience conditions in the field and understand your vision for implementing General Plan policy. MIG will photo -document the tour for use in subsequent presentations and work products.

Following the meeting and based on those meeting discussions, we w ill prepare a working outline for the revised Zoning Code, indicating how existing code provisions will fit into the new structure and where new sections will be introduced. This will be created as a shared Excel document to allow the City and the MIG Team to track (over the course of the program) where existing code sections have been moved and revised. The following is an example of the restructuring.

Proposed New Structure for Title 41 Which Current Articles the New Structure Will
Include
Article I: Purpose, Applicability, and Interpretation of the Zoning Code
Article I: In General
(partially) Article VIII:

Enforcement
» Purpose and » Zones Established
and Applicability Zoning Map
» Interpretations » Enforcement

Article 2: Zones, Allowable Uses, and Development and
Design Standards
Article III: Use District Regulations
Specifically Article XIX: The
Transit Code
» Residential Zones » Open Space Zones
» Commercial and Office Zones » Institutional Zones
» Industrial Zones » Specific Plan Zones
» Mixed-Use Zones » Special Purpose Zones
As determined appropriate through the
analysis of the approximate 100 specific
plans and similar documents, some will
be incorporated into this article while
others will be cross-referenced as stand-
alone documents.

Article 3: Site Planning and General Development Standards (Applicable Citywide)
» Rules of Measurement » Landscaping Standards
» Site Planning » Off-street Parking
» Accessory Structures Regulations
» Adaptive Reuse » Performance Standards
» Fences, Walls, and » Signs
Hedges » Other
Article II: Use Districts – General
Provisions (partially) Article IV: General
Provisions (partially)
Article VII: Setback Lines and Future
Right-of-Way Lines Article IX:

Miscellaneous
Article XI: On-premises Signs
Article XII: Off-premises Commercial
Advertising Signs (Billboards)
Article XVI: Water-Efficient Landscape
Standards Article XVI.II: Adaptive
Reuse

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3 MIG, Inc.

Proposed New Structure for Title 41 Which Current Articles the New Structure Will
Include
Article 4: Standards for Specific Land Uses

This article will contain standards for uses such as drive - through establishments, hazardous waste businesses,
home occupations, mobile home parks, outdoor storage
and display, recycling facilities, shelters for unhoused persons, vehicle fuel/charging stations, wireless
telecommunications facilities, etc.

A separate subsection will contain provisions regarding housing- specific regulations currently in the Santa Ana code.

Article II: Use Districts – General
Provisions (partially) Article IV: General
Provisions (partially)
Article X – Mobile
Home Parks Article
XIII – Homeless
Shelters Article XIV –
Recycling Facilities
Article XVI.I: Density Bonus for
Affordable Housing Article XVII.I:

Massage
Article XVIII: Conversion of
Existing Buildings to Commercial
and Industrial Common Interest
Development
Article XVII.I: 2021 Affordable Housing
Opportunity and Creation
Article XX: Small Lot Subdivisions, Urban
Lot Splits, and Two-Unit Projects
Article XXI: Outdoor Dining on Private
Property Article XXII: Mobile Food
Trucks on Private Property

(We recommend that Article XVII:

Adult Business Regulations be
relocated to Municipal Code Chapter
12 – Adult Entertainment.)
Article 5: Nonconformities

Article VI: Nonconforming Buildings and
Uses
Article 6: Permit Processing Procedures Article V: Conditional Use Permits, Variances, Minor Exceptions,
Amendments, and Development Project
Plan Approvals (partially)
Article 7: Zoning Code Administration

Article V: Conditional Use Permits,
Variances, Minor Exceptions,
Amendments, and Development Project
Plan Approvals (partially)
Article 8: Definitions
» Land Use Definitions
» Other Definitions
Article I: In General (partially)

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4 MIG, Inc.

In our team’s collective experience preparing zoning code updates, we have identified a code structure that works well. The structure is intuitive and easy to use. Generally, this structure follows the outline above. We will discuss with you its benefits and make adjustments to fit Santa Ana’s specific needs, per our audit of the existing code/special area plans (subtask 1.3) and discussions with you. A draft outline will be provided for City staff review. The outline will be revised based on staff direction and the result of the MIG Team’s research in Task 3; it will then b e further refined and finalized prior to undertaking the code revisions in Task 5 (Draft Zoning Code).

Subtask 1.2: Briefing Paper Summarizing Zoning Strategies The current Zoning Code uses a traditional Euclidean approach to land use regulations. Many of the specific plans are form-based codes. Selecting the best approach for the five General Plan focus areas will require discussions with City staff to determine what is working best to achieve desired outcomes, while also considering what approaches best facilitate development review. With new State law requirements regarding application of objective design standards to the review of residential development applications and most mixed-use projects, many cities have embraced a hybrid approach, one that allows for greater flexibility than form-based coding. To guide the discussion of the preferred approach for the new Santa Ana Zoning Code, the MIG Team will prepare a briefing paper describing strategies and options for City staff consideration. This paper will be informed by our past work, ongoing work in other communities, our audit of the current Zoning Code and special plan areas, analysis of the interim development standards in subtask 2.2, and the research of current special planning area documents undertaken in Task 3 (Literature Review).

Subtask 1.3: Project Management, Project Team Meetings/Phone Calls The purpose of this subtask is to ensure project management meets the City’s expectations and keeps the program moving forward, including contract admi nistration, invoicing, scheduling, and the timely delivery of products. We will prepare monthly invoices and have biweekly phone calls with the City’s project manager (and other staff as appropriate) to monitor and review project progress and results.

Action summaries for each meeting will be provided. In addition, throughout the course of the work program, we will meet with City staff to discuss options for policy implementation and preferred direction, and to review draft work products. Our budget includes an allowance for staff meetings and phone calls we feel is appropriate for accomplishing the work described in this proposal within an 18 - month time frame.

Task 1 Meetings:
» Kick-off meeting and tour
» Meeting to review preliminary draft outline
» Biweekly project management telephone calls

Task 1 Deliverables:
» Kick-off meeting agenda
» Biweekly call agendas and meeting summaries
» Preliminary working draft Zoning Code outline
» Briefing paper on zoning strategies

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TASK 2: PROJECT COMMENCEMENT

Task 2, as described in the Request for Proposals, focuses on refining the work program, project schedule, and public engagement program, as well as reviewing the General Plan interim development standards for the five focus areas. The timing of these tasks overlap with Task 1 work, as indicated in the schedule on page 17 of this proposal. We have described them here to follow the Request for Proposals structure.

Subtask 2.1: Work Scope Refinement and Program Kick-off Prior to the project commencement and kick-off meeting described in subtask 1.1, the MIG Team will work with City staff to review, refine, and finalize the work scope and project schedule. This will consist of two video conference calls to discuss project goals, available reso urces, City staff shared responsibilities for engagement outreach and activities, scheduling of engagement events, stakeholders to involve, and City staff’s preliminary ideas for updating the Zoning Code.

Subtask 2.2: Briefing Paper on Interim Standards and Existing Form-based Code Standards As a parallel task to developing zoning strategies in subtask 1.2 above the MIG Team will review the Focus Area interim development standards contained in Land Use Element Appendix A to identify how those standards mig ht be brought into the updated Zoning Code. The standards indicate maximum densities and heights, reflective of General Plan land use policy, but also cross reference existing development standards in the Zoning Code and special area plans that apply. We w ill assess whether those cross-referenced standards may be appropriate for future development or whether a new zone is needed to better implement policy direction. For example, the Flex 1.5 designation relies upon land use and development standards for the M1 zone, but those M1 regulations do not reflect the vision for the flex areas; we will likely recommend creation of a new zone.

We will prepare a briefing paper summarizing our analysis and outlining recommendations. These considerations will be further explained in the Zoning Strategies paper described in Subtask 1.2.

Task 2 Meetings:
» Work scope refinement video conferences (2 calls)

Task 2 Deliverables:
» Revised work scope, budget, and schedule
» Summary of video conference discussion
» Briefing paper on interim standards

TASK 3: LITERATURE REVIEW AND SUMMARY AUDIT

The purpose of this task is to analyze special plan areas (specific plans, form -based code areas, and specific development areas ) and to pull together a comprehensive audit that will guide the comprehensive Zoning Code update.

Subtask 3.1: Audit of Special Plan Areas and Citywide Design Guidelines Santa Ana has adopted a series of specific plans, form-based code area plans, and specific developments to tailor use and development standards for unique neighborhoods and districts. Close to 100 of these

City Council
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special plan areas exist. This approach to land use regulation can make implementation challenging for applicants and City staff, and staff is looking for ways to simplify regulation, both by using the newer specific plans and specific development plans to inform standards for the Focus Areas and to subsume built-out specific developments into existing or newly created zoning districts. In addition, the Citywide Design Guidelines apply to all types of development in the community. Given recent State legislation that requires application of objective design standards (ODS) to virtually all residential and mixed -use developments, subjective guidelines can no longer be used to review reside ntial development applications.

The MIG Team will undertake an in -depth audit of all such plans and the Citywide Design Guidelines.

With regard to the plans, we will assess whether each should be retained as stand-alone plan, updated, deleted, or merged with other plans/specific developments/zoning districts. The audit will be produced in the form of an on -line matrix to allow for easy reading and tracking as to disposition of each plan area. For the Citywide Design Guidelines, we will annotate the existin g document to indicate which design guidelines can be incorporated into the updated Zoning Code as ODS.

Subtask 3.2: Prepare Comprehensive Chapter 41 Audit and Update Guidance Matrix Altogether, subtasks 1.2, 2.2, and 3.1 will provide guidance regarding the structure and content for the updated Zoning Code. A comprehensive audit of all Chapter 41 articles is also needed to establish guidance for the work tasks ahead. For this task, the MIG Team will complete a comprehensive audit of Chapter 41 to identify all issues to be addressed and the options for addressing them, including revisions needed to respond to recently adopted General Plan policy. This audit will draw from:

 Our independent review of the General Plan
 Stakeholder interviews (subtask 4.2)
 Recent legislation and case law
 Discussions with City staff
 Knowledge of best practices
The audit largely will be in an online matrix format, divided into these broad categories:

1. General Plan policies to be addressed via zoning regulations

2. New State laws needing to be incorporated

3. Each of the Chapter 41 articles

We expect that the matrix will be an evolving document as we progress through the update process.

MIG will prepare this diagnosis in a format that can be used to track revisions during the drafting process and as a source for the preparation of staff report(s) when the draft Zoning Code goes through the public review and adoption process.

We will also audit the Municipal Code for other sections that cross reference or relate to Chapter 41 to identify what updates may be needed to ensure consistency.

Task 3 Meetings:
» Meetings to discuss the audits (3 budgeted)

City Council
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18 10/17/2023

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Task 3 Deliverables:
» Audit of special plan areas and Citywide Design Guidelines » Chapter 41 audit and guidance matrix

TASK 4: PUBLIC ENGAGEMENT STRATEGY

The public engagement subtasks will include technical meetings led by MIG and public-facing meetings and other activities led by Kearns & West. The budget reflects the level of involvement from each team member.

The recent General Plan and Housing Element update programs included extensive community engagement efforts dating back to 2016: community conversations, a General Plan Advisory Group, workshops and surveys, and focused Housing Element roundtables. Our experience wit h zoning code update programs has shown that people generally do not engage in code update programs until the public hearing phase or unless a workshop is very narrowly focused. Thus, we have prepared the following menu of potential engagement activities. The City will select which to include based on what you believe will be most effective. You may identify alternative methods as well that can be incorporated into the program. The budget includes an allowance for all engagement tasks. Per your direction, the program will be tailored to match this budget or an alternative allocation of funds. Also, if you elect to combine outreach activities for the code update and the separate but parallel public realm plans, we will want to define the approach through the scope refinement task.

The City has received a grant from the Southern California Association of Governments (SCAG) to fund an in -depth community engagement approach for this program, with the emphasis on funding participation by community -based organizat ions (CBOs), reimbursing the CBOs for their time, and covering production costs of materials needed by the CBOs to engage their constituents. Our scope and budget assume the City will contract with and coordinate with the CBOs separately from this contrac t.

A portion of the grant funding will be used by MIG to engage with the CBOs as part of the broader work program.

For all public engagement events, the MIG Team will be responsible for preparing presentation materials, leading the activities, and prepa ring event summaries. We will also prepare advertising materials in English and Spanish; City staff will be responsible for all media posts and other advertising.

Subtask 4.1: Public Involvement Plan (PIP)
Following the project kickoff meeting and in conjunction with the overall project schedule, Kearns & West will prepare a PIP which will serve as a guide to the community, stakeholder, and developer engagement process. The PIP will include elements necessary for City staff and the consultant team to create pathways for active public engagement in the planning process, and incorporate goals for participation, stakeholder list, a communications plan, programs and activities, roles and responsibilities, and a calendar. The PIP will outline how the engagement will be inclusive and how non- English speakers can participate in the process, schedule, address issues, and/or take advantage of opportunities. The project team will host a meeting with City staff and CBO partners to review the PIP and identify changes or updates.

City Council
16 –
19 10/17/2023

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Subtask 4.2: Stakeholder Interviews
To understand any concerns the development community, residents, businesses, and other stakeholders may have about the current Zoning Code — and to identify changes they would like considered—the MIG Team will conduct an intensive series of interviews with community stakeholders and developer interest groups. These will consist of one -on-one and group meetings with individuals and groups identified by City staff (in consultation with the CBO partners and MIG Team). The primary areas of interest will be the five Focus Areas. Persons or groups who may be interviewed include architects and developers, local builders and contractors, commercial and industrial property and business owners, realtors, neighborhoo d groups and homeowners' associations, and the Santa Ana Chamber of Commerce. We also plan to interview Code Enforcement staff, as they are in the field every day and have a keen understanding of what works and what does not. As an option, we can also interview members of the City Council and Planning Commission. City staff will be responsible for meeting logistics and scheduling meetings. We have assumed three full days of approximately one-hour individual and group interviews, to be attended by three memb ers of the MIG Team. Some interviews can be conducted in the early evening if needed to accommodate interviewees’ schedules. Many will be conducted via video conference.

Participants will be encouraged to share their specific concerns about use/development standards and permitting processes, and to provide suggestions on how to address these concerns. Following completion of the interviews, we will prepare a summary memorandum for City staff’s review, identifying key takeaways from the stakeholder interviews.

Subtask 4.3: Zoning Symposium for the Planning Commission and City Council – OPTIONAL TASK

This is an optional task not included in the budget.

We propose to conduct a half -day zoning symposium with the City Council and Planning Commis sion early in the work program. The purpose is two -fold: 1) to provide information about the scope of the code update and key issues that must be addressed (e.g., changes to reflect General Plan policy, new laws), and 2) to hear ideas and suggestions regar ding key topics being addressed (e.g., revised administrative procedures, adaptive reuse and historic preservation). The public will be invited to attend. Symposium topics will include:

 How zoning codes shape the appearance and function of all land uses in a community  How communities use zoning/subdivision regulations to achieve development goals  How cities look to zoning code updates to achieve their development objectives  Transforming the City ’s existing Zoning Code into a more understandable, streamlined, defensible, and effective user-friendly planning implementation tool  Correlating zoning code provisions with General Plan policies and standards  State-of-the-art zoning code structure, format/ style, and graphic design for creating easy-to-use documents
 Zoning districts: how many, what types, when to use overlays and combining designations  Zoning standards: type, specification, and performance-based approaches, graphic support, and representation
 Objective design standards, form-based and performance-based codes, and hybrid codes

City Council
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 Content-neutral sign regulations, nonconforming uses, and other controversial regulatory issues  Steps to faster, effective, and thorough development permit review procedures The MIG Team will be responsible for organizi ng the symposium. Up to six team members will attend, as we may include break-out sessions requiring facilitation and note-taking. Following the session, MIG will prepare a summary highlighting specific policy direction given by the Council and Commission. City staff will be responsible for securing the venue and providing required noticing for the meeting.

Subtask 4.4: CBO Engagement

4.4.1. CBO Partner Strategy
The intent of CBO and neighborhood organizational participation is to conduct grassroots outreach and engagement, thereby extending the reach of the City and the MIG Team. The Southern California Association of Governments (SCAG) has awarded the City a grant to provide resources that will enable neighborhood-based grassroots activities. While we will detail grassroots activities in the CBO Partner Strategy, examples of potential activities to be implemented by CBO partners and neighborhood organizations through the SCAG grant include but are not limited to:

 Email/text messaging
 Door-to-door canvassing
 Community walks
 Paid focus groups
 Tabling at neighborhood events
 Presentations at CBO and/or neighborhood meetings
 Meetings-in-a-box
 Volunteer appreciation gathering
We will host one strategy session with City staff to discuss how best to coordinate and engage with trusted CBOs and neighborhood organizations across the City, with a focus on those along the five corridors. We will also review past approaches that have successfully enga ged CBOs, neighborhood organizations, and community members so that we may best engage them in the project . During a second strategy session, the MIG Team, the City, and SCAG CBO partners will exchange information and detail the methods of grassroots engagement. These strategy sessions will enable us to identify themes, discussion topics, and methods for grassroots engagement. Our team will use this information to draft a CBO P artner Strategy, which is intended to elicit the needs, experiences, and ideas of CBOs and neighborhood organizations with respect to the Zoning Code Update. This strategy will include a timeline for engagement, tools, and resources to conduct and facilita te engagement with CBOs and neighborhood organizations, a CBO and Partner conversation guide, based on the themes and topics identified with City staff, and a CBO compensation plan.

Team member Kearns & West will deliver a draft and final CBO Partner Strategy based on strategy sessions with City staff and SCAG CBO partners.

City Council
16 –
21 10/17/2023

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4.4.2. Grassroots Engagement Toolkit and Training
The MIG Team will develop a graphic identity and a toolkit for CBOs to use for their grassroots engagement activities. The toolkit will include collateral needed for the grassro ots engagement such as, but not limited to, promotional flyers, a project fact sheet , social media strategy, activity guides, posters, and an informational presentation. Printing materials for the toolkit will be the responsibility of the City and/or CBO partners and funded through the SCAG grant.

We will work with City staff and the CBO partners to coordinate a Zoning Code Update grassroots engagement training intended to equip CBO s and neighborhood organizations with the project awareness and tools needed to cohesively and effectively reach and involve their networks. The MIG Team will host the training in partnership with City staff. T he City’s Neighborhood Initiative s and Environmental Services staff will play an important role given their relationship with the CBO partners and neighborhood organizations . The MIG Team will prepare and deliver a presentation about the Zoning Code Update , distribute the toolkit, conduct training, and facilitate role -playing exercises to prepare participants for their work in the field.

4.4.3. Manage Financial Relationships with CBOs
We value the lived experience and input of our community partners, which is why we have championed community compensation strategies. CBOs , neighborhood organizations, and community members provide essential information to projects through their relational wealth and lived experience.

Compensation is the best way to access this expertise; compensation not only honors that wealth and experience, but also allows individuals to avoid tradeoffs that might otherwise lead to them not participating.

During our initial bi-weekly check-ins and strategy sessions, our team will learn more about Santa Ana’s procurement requirements and work to build a system to financially compensate participating CBO , neighborhood organizations, and, potentially, community members. The MIG Team will also consult SCAG during a regular bi -weekly check-in to ensure compensation processes and procedures comply with grant funding requirements.

We will have a dedicated team member from Kearns & West working to manage subcontracts and payments. Our team has staff accountants who will aid us in ensuring the proce ss is user-friendly and that payments are made in a timely manner. The process development will be reviewed by City and SCAG staff; we will also ensure all payments are approved by the City and SCAG.

Subtask 4.5: Community Workshop Series
Our team will fa cilitate a series of Community Meetings with each of the five (5) Focus Area Corridor Plans: three (3) meetings in each focus area for a total of fifteen (15) meetings. Our team envisions the first focus area meeting to be structured as a Listening Workshop and the second and third meetings as hands-on Place-based Workshops. The Listening Workshops will serve to introduce the project to the community and will allow for City residents, local businesses , and stakeholders to learn about the project, and our team to hear from the community about how they understand the project area and goals.

The Place- based Workshops will be used to gather feedback on specific elements of the Focus Area Corridor Plans. The workshops may include a presentation, a la rge group format, and small group

City Council
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22 10/17/2023

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breakout sessions designed for cross -pollination of ideas using models, hands -on activities, surveys and/or visual tools. As appropriate, workshops will include Spanish translation and/or Spanish -only breakout sessions. Our team is prepared to offer these workshops as virtual events if needed.

Our team will prepare workshop notices/flyers that can be distributed by the City to promote participation. Our team will also develop a logistics plan for each series of meetings ( up to three (3) logistics plans).

The facilitation and preparation of workshops will include community-based organizations (CBO’s). This will allow for deeper engagement in communities in each focus area, as well as the opportunity to get the word out to more community members beyond the traditional reach of the City.

Subtask 4.6: Website Content and Materials
Our team will provide content for and support the City Staff in providing materials for the City’s website and social media including text, diagram s and imagery. Information and content will be updated throughout the process to ensure community members are informed and understand how they can participate. This will include a draft social media strategy for each series of workshops (up to 4), development of flyers or postcards and the project fact sheet created as part of the grassroots engagement toolkit in Task 4.4.2. All materials will be translated in both English and Spanish.

Subtask 4.7: Digital Surveys – OPTIONAL TASK

This is an optional task not included in the budget.

Our team proposes using an online survey tool to share information on the project and gather input on the Zoning Code Update from the community. Our outreach team has found SurveyMonkey to be a cost-efficient yet engaging tool to gather meaningful feedback. The project team will design up to two surveys throughout the project, with additional surveys an optional task. Kearns & West has experience with digital platforms like Bang the Table (now Granicus) and Metroquest and can in volve them if the City is looking for an interactive online platform for an additional fee. The surveys are not scientifically valid and will include closed questions with up to two open-ended questions.

The surveys can be designed to allow one survey for each of the corridors, with options to choose which corridor to respond to and questions on the overall process. The survey will be developed in English and Spanish.

Subtask 4.8: Public Outreach Summary Reports
A Public Outreach Summary will be provided following each set of meetings. Summaries will focus on broad themes and ideas emerging from the workshops, along with any geographic or issue-specific input helpful to the development and refinement of the Focus Area Corridor Plans. Appendices to the summaries will include more detailed comments, sign -in sheets, completed worksheets, photos, etc.

Based on information provided by the CBO partners and neighborhood organizations , the summary reports will also include the results of grassroots engagement activities.

City Council
16 –
23 10/17/2023

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Task 4 Meetings:
» Stakeholder interviews (three full days) – via video conference » Grassroots Engagement Training
» City Council/Planning Commission Zoning Symposium (half day) – in person - OPTIONAL » Three community workshop series of five meetings each (15 total) – via video conference/in person

Task 4 Deliverables:
» Public Involvement Plan
» CBO Partner Strategy
» Grassroots Engagement Toolkit
» Grassroots Engagement Training presentation
» Stakeholders interview summary
» Zoning symposium summary - OPTIONAL
» Community workshop summaries (three)
» Social media content (biweekly)
» A CBO compensation plan as part of the CBO Partner Strategy » Timely CBO payments based as laid out in the compensation plan » Management and documentation of CBO payments

TASK 5: DRAFT ZONING CODE

This task includes the steps necessary to produce administrative review drafts of the Zoning Code for City staff review. The drafts will be prepared as changes to individual articles, chapters, and sections, and will be provided to staff in this manner to allow for timely, focused feedback. We will use either Google Docs or SharePoint to prepare the pre-public review drafts. This allows MIG Team members to work collaboratively among themselves before providing drafts to City staff for review. City staff (Planning and Building Agency) may then work together on the documents, sharing their comments with one another and resolving any internal discussions before presenting direction to the MIG Team.

Graphics and formal formatting will be completed following staff review of the second administrative draft. We, and our clients, have found this overall approach to be highly efficient.

Because the comprehensive Zoning Code update will result i n many code sections largely being rewritten and the entire code rearranged, we will not prepare a legislative version (strike - out/underline). Instead, we will use the tracking matrix described in subtask 3.2 to identify substantive revisions and to indica te where existing Zoning Code provisions have been relocated within the new structure.

Where few changes occur, that will be indicated as well. We have planned for the adopting ordinances to be structured to state “remove and replace” the affected code sections. If the City Attorney or others indicate that legislative redline versions are required, substantial additional costs will be incurred.

Subtask 5.1: Style Sheet, Format, and Outline
The MIG Team will prepare a style and word usage guide listing standard conventions and nomenclature to be used in the Zoning Code. This will be important for guiding code authors and City staff in their review. Based on the input received from staff, MIG will revise the annotated outline and style guide; one round of revisions is assumed.

City Council
16 –
24 10/17/2023

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We will also prepare a detailed outline of the updated Zoning Code for City staff review. This outline will be approved by City staff and will shape how the MIG Team performs its work. While minor modifications to the outline can be ex pected as work proceeds, any substantive changes directed by City staff once we have initiated the writing could result in rework beyond what we have budgeted and would be considered additional services.

Subtask 5.2: Administrative Draft Zoning Code Amendments – Two Drafts This subtask involves preparing administrative drafts of the Zoning Code articles, chapters, and sections.

The comprehensively updated Zoning Code will be prepared based on all input received from City staff, the community, City Counci l, and Planning Commission, plus the agreed -upon approach for the five Focus Areas.

We will draft the new code to follow the new format, incorporating extensive use of tables and graphics.

Key revisions to be made include:

 Creating zoning districts and unique standards for the five Focus Areas (using the agreed-upon approach)
 Consolidating or subsuming into other zones the regulations for built-out specific development (SD) districts to the maximum extent possible
 Incorporating objective design standards for residential and mixed -use zones (as required by law), using the existing Citywide Design Guidelines as a starting point  Creating standards to address transitions between new, higher-intensity developments to lower- scale traditional neighborhoods
 Introducing new uses into the Civic Center area for activation  Re-evaluating and revising open space requirements for residential developments  Update the adaptive reuse regulations to preserve historic buildings and allow conversion to housing
 Incorporating buffer zone provisions for the industrial zones  Updating the sign ordinance to ensure content neutrality and address visual clutter  Rethinking and reworking parking regulations to reflect evolving travel practices and vehicle technologies
 Overhauling administrative procedures to simplify procedures and create greater transparency With regard to administrative procedures, while the current code groups most in Article V, some procedures such as those related to prezoning, home occupation permits, and sign permit s are scattered throughout the code. Within Article V, procedures related to specific permit types (minor exceptions, conditional use permits, and variances) are grouped with common procedures such as application filing, hearings, and public notice in one division. Subsequent divisions are dedicated to individual procedures, including amendments, development project approval, and land use certificates.

Additionally, Division 2 includes allowances or requirements specific to certain uses, which may be better located with the use standards themselves.

This organization and format of the review and permit procedures in the current code makes it difficult to understand, compare, and contrast the rules for gaining approval. Property owners need to easily

City Council
16 –
25 10/17/2023

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find out what they can do with their property, including who will make the decision, how long it will take to get to yes (or no), and what can be done if one someone disagrees with the outcome. Similarly, entrepreneurs seeking locations for new businesses want to know where they can locate and what requirements will apply.

A code format and development review procedures that provide the type of certainty that applicants seek are not antithetical to the public’s demand for transparency and opportunities for input into the development review process. Indeed, a code that provides greater certainty for applicants can also provide certainty to residents who want to know what can be built next door and who will decide.

We anticipate consolidating administrative provisions currently scattered throughout the code into one article, with the goals of: 1) streamlining certain review processes, 2) consolidating provisions to improve usability of the code and ensure consistency among processes, and 3) updating/revising any other administrative provisions that staff has found problematic.

Subtask 5.3: Public Review Draft Zoning Code
Based on input and direction from City staff on the second administrative draft Zoning Code, the MIG Team will prepare revisions to the updated Zo ning Code for public review and distribution. The public review draft will be suitable for posting by the City on the City’s website.

We propose posting the Zoning Code online in a format that allows the public to interactively comment on the code provisio ns using Konveio. No printed copies of the public review draft are planned to be produced.

Task 5 Meetings:
» Meetings with City staff to review administrative draft Zoning Code articles

Task 5 Deliverables:
» Administrative draft #1 Zoning Code (online shared files) » Administrative draft #2 Zoning Code (online shared files) » Public review draft Zoning Code – For posting on City website and Konveio

TASK 5B: DRAFT AND FINAL ZONING MAPS

Subtask 5B.1: Prepare Draft Zoning Map
The City’s zoning map will need updating to be consistent with the new General Plan land use policy map. Properties within the five Focus Areas that received new land use designations will require zone changes. In addition, other properties outside of the Focus Areas have inconsis tent zoning district and land use designations that will require rezoning for consistency. And, through the code update process, City staff may determine that certain special area plans could be rezoned for simplicity. Using GIS data provided by City staff for both the General Plan and zoning map, the MIG Team will prepare a consistency matrix indicating the correlation between the land use designations and zoning districts and use this to identify where inconsistencies are on the zoning map. (Working coll aboratively with Planning staff, we will identify the proper zones to assign to achieve consistency and then create a draft revised zoning map for staff review.

City Council
16 –
26 10/17/2023

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Subtask 5B.2: Prepare Public Hearing Draft and Final Zoning Maps City staff will provide a consolidated mark-up of the draft zoning map indicating revisions. The MIG Team will make the revisions to create the zoning map that will be used for public hearings and targeted outreach to property owners who will be affected by the zone changes.

Following public hearings, we will prepare the final zoning map to incorporate any changes made during the public hearing process. Because the extent of these revisions cannot be known, the budget includes an allowance. All final GIS files will be delivered to the City.

Subtask 5B.3: Targeted Engagement Materials for Zone Changes/Workshops – OPTIONAL TASK

This is an optional task not included in the budget.

We will prepare targeted engagement materials for property owners affected by the zone changes. On prior rezoning programs, we have found that most owners’ questions and concerns can easily be answered prior to hearings, thus streamlining the hearing process. We will prepare informational materials consisting of a map or series of maps indicating which properties are proposed to be rezoned (from and to). This will be accompanied by text explaining the General Plan implementation focus, the new uses allowed, and any new development standards. Links will be provided to the proposed draft Zoning Code. Wh ile we envision that the materials will be web -based and interactive, with affected property owners mailed a card (by the City) directing them to the on -line information, for additional cost we can prepare a mailable brochure. MIG would prepare the brochu re, with the City responsible for production and mailing. The budget assumes production of two administrative drafts and one draft for publication on the City’s website. For each draft, City staff will provide one consolidated mark -up indicating direction.

As one or more of the 15 public workshops included in subtask 4.4, we propose to conduct workshop(s) specifically focused on the proposed rezonings. City staff would be responsible for noticing affected property owners (facilitated by the APNs identified via GIS). MIG would prepare the workshop materials and lead the workshop. We recommend that this be conducted as an on -line workshop since many property owners may not live in Santa Ana.

Task 5B Meetings
» Meetings with City staff to review draft map and targeted engagement materials - OPTIONAL » Focused rezoning workshop(s) - OPTIONAL

Subtask 5B Deliverables
» General Plan/zoning consistency matrix (pdf)
» Administrative draft zoning map (pdf)
» Public hearing draft zoning map (pdf)
» Final zoning map (GIS files)
» Administrative draft rezoning informational materials (pdf, 2 rounds of review) - OPTIONAL » Final rezoning informational materials (pdf and source files) - OPTIONAL

City Council
16 –
27 10/17/2023

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TASK 6: PLANNING COMMISSION AND CITY COUNCIL WORKSHOPS

The purpose of this task is to have the public and decision makers review and comment on the public review draft Zoning Code, and to provide direction for any further revisions to consider as part of the public hearing process. The workshops described belo w are in addition to the optional Zoning Symposium in Subtask 4.3.

Because the policy direction for this update will largely lie on the foundation provided by the General Plan, we propose that the workshops with Planning Commission and City Council subco mmittees, as well as the full bodies, be structured to highlight how the Zoning Code update will implement established policy. This will include any required rezoning of properties (a parallel task to be undertaken by the City).

For all Commission and Council workshops, the City will be responsible for securing the venue and providing public notice. The MIG Team will prepare all presentation materials and make the presentations. Up to four team members will attend each workshop session, which we assume wil l be in-person events. We will prepare an action summary following each workshop but not any official minutes.

Subtask 6.1 Planning Commission and City Council Subcommittee Workshops (one each) During the process of preparing the first administrative draf t Zoning Code, we have planned one workshop each with Planning Commission and City Council subcommittees to explore issues for which Planning staff believes additional policy direction is needed. This may be, for example, how to assign authority for review of projects subject to objective design standards or options for requiring open space. We will work with City staff to define the topic areas.

Subtask 6.2: Planning Commission Workshops (2)
Once the public review draft Zoning Code has been published, we will conduct two workshops to review the new Zoning Code, highlighting significant changes to zones, development and design standards, and administrative procedures. The MIG Team will capture comments from the Planning Commission and the public and use those to prepare an action summary of revisions to consider during the public hearing process. No changes to the public review draft will be made as a result of the workshops.

Subtask 6.3: City Council Workshops (2)
We have budgeted for two workshops with th e City Council once the public review draft Zoning Code has been published. The timing will depend upon how City staff believes the Council will want to participate: either in parallel with Planning Commission review or once the Commission has conducted its hearings and made a recommendation, but prior to formal Council hearings. The MIG Team will capture comments from the Council and the public and use those to prepare an action summary of revisions to consider during the public hearing process. No changes to the public review draft will be made as a result of the workshops.

Task 6 Meetings:
» Planning Commission subcommittee workshop (1)
» City Council subcommittee workshop (1)
» Full Planning Commission workshops (2)

City Council
16 –
28 10/17/2023

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» Full City Council workshops (2)

Task 6 Deliverables:
» Workshop presentations
» Action summary of decisions for each workshop session

TASK 7: CEQA COMPLIANCE

The purpose of this task is to prepare environmental review to comply with the California Environmental Quality Act (CEQA). B ecause the City recently certified a Final Environmental Impact Report (FEIR) for the comprehensive General Plan update and the Zoning Code update will implement established policy, we have planned for preparation of an FEIR Addendum.

We have used this app roach for several cities where a comprehensive Zoning Code update followed adoption of a General Plan.

Subtask 7.1: General Plan EIR Addendum
MIG’s dedicated environmental compliance staff will prepare an administrative draft Addendum for review by City staff. The Addendum will cover all topic areas addressed in the General Plan FEIR, tiering on the analysis to indicate that the Zoning Code update implements adopted land use policy and the implementation actions set forth in the General Plan. Where targete d additional analysis is required, such as for adaptive reuse provisions, the Addendum will provide that analysis.

Following receipt of City staff comments on the first administrative draft, we will prepare a second administrative draft for final staff re view. The Addendum will be published in tandem with other documents required for the public hearing process; CEQA does not require a public review and comment period for an Addendum.

Task 7 Meetings:
» None

Task 7 Deliverables:
» Administrative draft Addendum (2 rounds of review)
» Addendum for the public hearing process

TASK 8: PUBLIC HEARINGS

The purpose of this task is to conduct formal public hearings on the updated Zoning Code.

Task 8.1: Planning Commission Public Hearings (2)
We have budgeted for two hearings with the Planning Commission to present the draft Zoning Code.

Up to three MIG Team members will attend each hearing. Additional hearings, if required, would be billed as additional services with prior City authorization.

We will prepare a PowerPoint presentation for the hearings and present it to the Planning Commission.

MIG Team members will take detailed internal notes to capture Planning Commission-directed changes.

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No changes to the public hearing draft will be made based on these r ecommended changes, but the information will be provided to the City Council as part of its hearing packet.

Task 8.2: City Council Public Hearings (2)
We have budgeted for two hearings with the City Council to present the draft Zoning Code and the Planning Commission’s recommendations. Up to three MIG Team members will attend each hearing.

Additional hearings, if required, would be billed as additional services with prior City authorization.

We will prepare a PowerPoint presentation for the hearings and present it to the City Council. City staff will prepare all required staff reports and provide hearing notice.

Task 8 Meetings:
» Planning Commission hearings (2)
» City Council hearings (2)

Task 8 Deliverables:
» Presentations for public hearings
» Internal summary notes of Planning Commission’s recommendations

TASK 9: FINAL ZONING CODE

The purpose of this task is to incorporate all Council - directed revisions into a final Zoning Code and provide City staff with all associated final materials.

Subtask 9.1: Final Zoning Code
Following final City Council direction on the Zoning Code, the MIG Team will prepare the final document to incorporate City Council direction. This version will be used for the second reading for adoption. In the budget, we have allocated a certain number of hours to prepare the final Code, assuming two rounds of review. If final City Council direction for Code revisions requires additional effort beyond that indicated, we will bill for the additional hours as additional work with prior authorization from City staff.

Subtask 9.2: Assemble Graphics Package
The MIG Team will assemble all graphics files in their original Illustrator, SketchUp, and other file structures used for delivery to the City (to allow the City to make any future required revisions or create new graphics).

Subtask 9.3: Format and Settings Manual
The RFP asks for a “manual for making required updates to the document, including formats and settings, allowing staff to make changes to the file as future text am endments are adopted.” The MIG Team will deliver the final Zoning Ordinance in its adopted Word format, with all format and settings macros intact.

We will prepare a brief memorandum explaining the formatting used.

Task 9 Meetings:
» None

City Council
16 –
30 10/17/2023

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Task 9 Deliverables:
» Final Zoning Code (pre-check final and final) – Word » Graphics package – Illustrator, SketchUp, and other formats used » Formatting memorandum

TASK 10: POST-ADOPTION CEQA, TRAINING, AND CONTINGENCY FOR CHANGES

The purpose of this task is to provide follow -on services to City staff to ensure the new Zoning Code works well as envisioned.

Subtask 10.1: Notice of Determination
We will prepare the Notice of Determination (NOD) upon final City Council action. Our work scope assumes that City st aff will be responsible for posting the NOD at the County Recorder and paying associated fees.

Subtask 10.2: Zoning Code Guide and Training - – OPTIONAL TASK

This is an optional task not included in the budget.

We will prepare a highly graphical, simple - to-navigate User -Guide/Handbook for the public that explains how to use the new Zoning Code. The handbook will contain sample graphics, tables, and flow charts, along with helpful zoning code examples that demonstrate how the public can navigate the Zoning Code and find answers to frequently asked questions/ information (e.g., residential setbacks, lot coverage, commercial building signage, accessory structure standards, etc.). The handbook will be organized in the following manner:

 Introduction
 Organization of the new Zoning Code
 Purpose and Applicability of the Zoning Code
 Zones, Allowable Uses, and Development Standards
 Site Planning and General Development Standards
 Standards for Specific Land Uses
 Nonconformities
 Permit Processing Procedures
 Zoning Code Administration
 Definitions
 Format of the new Zoning Code
 How to use the new Zoning Code
 Reference to other applicable regulations that play an important part in the development review process
We will submit the working draft document to City st aff for review and comment and will facilitate meetings and/or conference calls to review and discuss staff comments. Following these discussions, we will prepare the Final Handbook and provide to the City.

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The handbook working drafts will be provided in Microsoft Word and the final document will be provided in PDF format that is internally hyperlinked for easy navigation within the handbook.

The MIG Team will conduct a one -day seminar with City staff to train them on how to use the Zoning Code. In consult ation with City staff, we will prepare a training seminar agenda to cover all issues of interest to staff. The seminar will include all City staff responsible for administering and enforcing the Zoning Code.

Subtask 10.3: Follow-on Clean Up – OPTIONAL TASK

This is an optional task not included in the budget.

The updated Zoning Code will set in place new regulations and processes that may take some time for City staff to adapt to and become familiar with —and for the public as well. Also, our experience has shown that it will take several months to work out kinks that could not be anticipated due to the extensive scope of changes. For six months following adoption of the Zoning Code, staff from the MIG Team will be available to City staff to respond to st aff’s questions and discuss and direct possible revisions to address provisions that need adjusting. The budget provides an allowance for this task.

Task 10 Meetings:
» One-day training seminar

Task 10 Deliverables:
» Notice of Determination
» User Guide/Handbook – draft and final - OPTIONAL
» Follow-on code clean-up – Budgeted allowance for six months - OPTIONAL

City Council
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MIG, Inc. Santa Ana Comprehensive Zoning Code Update Fee Proposal f e e p r o p o s a l
MIG, Inc.

Hrs@ $240 Hrs@ $175
Task 1: Project Outline, Management, and Coordination

1.1 Project Initiation and High-level Outline 20 $4,800 20 $3,500

1.2 Briefing Paper Summarizing Zoning Strategies 24 $5,760 32 $5,600

1.3 Project Management, Project Team Meetings/Calls (allowance) 144 $34,560 216 $37,800 Historic Context and Survey - Coordination with ARG 1 $240 4 $700 Subtotal 189 $45,360 272 $47,600
Task 2: Project Commencement

2.1 Work Scope Refinement and Kick-off Meeting 8 $1,920 16 $2,800

2.2 Briefing Paper on Interim Standards 6 $1,440 12 $2,100 Subtotal 14 $3,360 28 $4,900
Task 3: Literature Review and Summary Audit

3.1 Audit of Special Area Plans and Citywide Design Guidelines 24 $5,760 40 $7,000

3.2 Prepare Comprehensive Title 41 Audit and Update Guidance Matrix 16 $3,840 50 $8,750 Subtotal 40 $9,600 90 $15,750
Task 4: Public Engagement Strategy and Implementation

4.1 Develop Public Involvement Plan 2 $480 4 $700

4.2 Stakeholder Interviews 16 $3,840 24 $4,200

4.4 CBO Engagement 32 $7,680 24 $4,200

4.5 Community Workshops (15 total) 40 $9,600 60 $10,500

4.6 Website Materials and Content 16 $3,840 8 $1,400

4.8 Public Outreach Summary Reports 2 $480 8 $1,400
Subtotal 108 $25,920 128 $22,400
Task 5: Draft Zoning Code

5.1 Style Sheet, Format, and Outline 2 $480 8 $1,400

5.2 Admininstrative Draft Zoning Code Amendments (2 drafts) 180 $43,200 400 $70,000

5.3 Public Review Draft Zoning Code Amendments 40 $9,600 60 $10,500 Subtotal 222 $53,280 468 $81,900
Task 5B: Draft and Final Zoning Maps
5B.1 Prepare Draft Zoning Map 8 $1,920 24 $4,200
5B.2 Prepare Hearing Draft and Final Zoning Maps 6 $1,440 12 $2,100 Subtotal 14 $3,360 36 $6,300
Task 6: Planning Commission and City Council Workshops

6.1 Planning Commission and City Council Subcommittee Workshop (1 each) 16 $3,840 16 $2,800

6.2 Planning Commission Workshops (2) 16 $3,840 16 $2,800

6.3 City Council Workshops (2) 16 $3,840 16 $2,800
Subtotal 48 $11,520 48 $8,400
Task 7: CEQA Compliance

7.1 General Plan FEIR Addendum (2 rounds of review) 4 $960 12 $2,100 Subtotal 4 $960 12 $2,100
Task 8: Public Hearings

8.1 Planning Commission Public Hearings (2) 16 $3,840 16 $2,800

8.2 City Council Public Hearings (2) 16 $3,840 16 $2,800 Subtotal 32 $7,680 32 $5,600
Task 9: Final Zoning Code

9.1 Final Zoning Code (2 rounds of review) 8 $1,920 24 $4,200

9.2 Assemble Graphics Package $0 2 $350

9.3 Format and Settings Manual 2 $480 6 $1,050
Subtotal 10 $2,400 32 $5,600
Task 10: Post Adoption CEQA, Training, and Contingency

10.1 Notice of Determination for CEQA Compliance $0 $0
Subtotal 0 $0 0 $0
Direct Costs
Subconsultant Expenses and Administration
Draft Code Printing (allowance)
Konveio Hosting
Workshop and Study Session Materials (allowance)
Subtotal 0 $0 0 $0
681 $163,440 1,146 $200,550
Contigency
5B.3 Targeted Zoning Map Update Mailer Production (estimate)

10.2 Zoning Code Guide and Training 2 $480 8 $1,400

10.3 Six-Month Tune-ups (allowance) 24 $5,760 48 $8,400 Staff Training Materials Printing (allowance)
Coordination with Corridor Plan consultant (estimate)
L. Stetson/ E.

Garcia G. Sharrow/J. Rodriguez

PROJECT TOTAL
MIG Principal MIG Project Manager/GIS Director

OPTIONAL

TOTAL WITH CONTIGENCY

EXHIBIT B

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MIG, Inc. Santa Ana Comprehensive Zoning Code Update Fee Proposal Hrs@ $295 Hrs@ $140 Hrs@ $190 Hrs@ $125
0 $0 20 $2,800 $0 4 $500 64 $11,600
6 $1,770 50 $7,000 $0 4 $500 116 $20,630
60 $17,700 108 $15,120 $0 108 $13,500 636 $118,680
$0 $0 $0 $0 5 $940
66 $19,470 178 $24,920 0 $0 116 $14,500 821 $151,850 #
$0 8 $1,120 $0 8 $1,000 40 $6,840
8 $2,360 40 $5,600 $0 2 $250 68 $11,750
8 $2,360 48 $6,720 0 $0 10 $1,250 108 $18,590
8 $2,360 80 $11,200 $0 4 $500 156 $26,820
$0 40 $5,600 $0 5 $625 111 $18,815
8 $2,360 120 $16,800 0 $0 9 $1,125 267 $45,635
$0 $0 $0 $0 6 $1,180
$0 50 $7,000 $0 6 $750 96 $15,790
0 $0 40 $5,600 $0 24 $3,000 120 $20,480
24 $7,080 225 $31,500 $0 8 $1,000 357 $59,680
$0 24 $3,360 $0 4 $500 52 $9,100
$0 $60 $0 $0 10 $1,940
24 $7,080 339 $47,520 0 $0 42 $5,250 641 $108,170
$0 12 $1,680 $0 2 $250 24 $3,810
60 $17,700 400 $56,000 $0 80 $10,000 1,120 $196,900
4 $1,180 60 $8,400 $0 24 $3,000 188 $32,680
64 $18,880 472 $66,080 0 $0 106 $13,250 1332 $233,390
$0 60 $8,400 $0 $0 92 $14,520
$0 30 $4,200 $0 $0 48 $7,740
0 $0 90 $12,600 0 $0 0 $0 140 $22,260
$0 24 $3,360 $0 4 $500 60 $10,500
$0 24 $3,360 $0 4 $500 60 $10,500
$0 24 $3,360 $0 4 $500 60 $10,500
0 $0 72 $10,080 0 $0 12 $1,500 180 $31,500
$0 $0 160 $30,400 8 $1,000 184 $34,460
0 $0 0 $0 160 $30,400 8 $1,000 184 $34,460
$0 40 $5,600 $0 6 $750 78 $12,990
$0 32 $4,480 $0 6 $750 70 $11,870
0 $0 72 $10,080 0 $0 12 $1,500 148 $24,860
$0 32 $4,480 $0 4 $500 68 $11,100
$0 8 $1,120 $0 $0 10 $1,470
$0 8 $1,120 $0 16 $2,000 32 $4,650
0 $0 48 $6,720 0 $0 20 $2,500 110 $17,220
$0 $0 6 $1,140 1 $125 7 $1,265
0 $0 0 $0 6 $1,140 1 $125 7 1265
0 $0 0 $0 0 $0 0 $0 $0 $0 #
170 $50,150 1,439 $201,520 166 $31,540 336 $42,000 3,938 $689,200 # $0 $0 $0 $0 10 $1,880
12 $3,540 24 $3,360 $0 12 $1,500 120 $22,560
MIG SubtotalMIG Project Associates MIG Designer MIG Environmental Analysts
MIG Administrative

City Council
16 –
34 10/17/2023

MIG, Inc. Santa Ana Comprehensive Zoning Code Update Fee Proposal Hrs@ $270 Hrs@ $240 Hrs@ $200 Hrs@ $220
2 $540 16 $3,840 16 $3,200 16 $3,520 $1,350 $24,050
2 $540 10 $2,400 16 $3,200 24 $5,280 $0 $32,050
0 $0 80 $19,200 44 $8,800 60 $13,200 $18,280 $178,160
0 $0 4 $960 8 $1,600 24 $5,280 $0 $8,780
4 $1,080 110 $26,400 84 $16,800 124 $27,280 0 $19,630 $243,040 0 $0 4 $960 2 $400 6 $1,320 $0 $9,520
0 $0 2 $480 2 $400 0 $0 $0 $12,630
0 $0 6 $1,440 4 $800 6 $1,320 0 $0 $22,150
0 $0 32 $7,680 40 $8,000 0 $0 $0 $42,500
0 $0 12 $2,880 32 $6,400 32 $7,040 $0 $35,135
0 $0 44 $10,560 72 $14,400 32 $7,040 0 $0 $77,635
0 $0 $0 $0 $0 $13,970 $15,150
0 $0 8 $1,920 16 $3,200 16 $3,520 $0 $24,430
0 $0 $0 0 $0 0 $0 $43,480 $63,960
0 $0 30 $7,200 30 $6,000 12 $2,640 $129,330 $204,850 Includes $30K for translation services
0 $0 0 $0 0 $0 0 $0 $16,530 $25,630
0 $0 $0 $0 $0 $19,825 $21,765
0 $0 38 $9,120 46 $9,200 28 $6,160 0 $223,135 $355,785
2 $540 4 $960 6 $1,200 12 $2,640 $0 $9,150
40 $10,800 180 $43,200 220 $44,000 220 $48,400 $0 $343,300 8 $2,160 24 $5,760 40 $8,000 60 $13,200 $0 $61,800
50 $13,500 208 $49,920 266 $53,200 292 $64,240 0 $0 $414,250 $0 $0 $0 $0 $0 $14,520
$0 $0 $0 $0 $0 $7,740
0 $0 0 $0 0 $0 0 $0 0 $0 $22,260
0 $0 24 $5,760 0 $0 16 $3,520 $0 $19,780
0 $0 32 $7,680 0 $0 20 $4,400 $2,175 $24,755
0 $0 32 $7,680 0 $0 20 $4,400 $2,175 $24,755
0 $0 88 $21,120 0 $0 56 $12,320 0 $4,350 $69,290
0 $0 0 $0 0 $0 0 $0 $5,000 $39,460
0 $0 0 $0 0 $0 0 $0 0 $5,000 $39,460
0 $0 16 $3,840 0 $0 8 $1,760 $0 $18,590
$0 16 $3,840 0 $0 8 $1,760 $0 $17,470
0 $0 32 $7,680 0 $0 16 $3,520 0 $0 $36,060
0 $0 36 $8,640 48 $9,600 40 $8,800 $0 $38,140
0 $0 4 $960 10 $2,000 0 $0 $0 $4,430
0 $0 0 $0 0 $0 0 $0 $0 $4,650
0 $0 40 $9,600 58 $11,600 40 $8,800 0 $0 $47,220
0 $0 0 $0 0 $0 0 $0 $0 $1,265
0 $0 0 $0 0 $0 0 $0 0 $0 $1,265
$87,000
$15,000 in expenses for
MH
$3,000
$400
$10,000
0 $0 0 $0 $0 $0 $0 $0 0 $0 $100,400
54 $14,580 566 $135,840 530 $106,000 594 $130,680 0 $252,115 $1,428,815 $50,000
$8,000
6 $1,620 56 $13,440 60 $12,000 12 $2,640 $0 $31,580
0 $0 12 $2,880 12 $2,400 24 $5,280 $0 $33,120
$4,000
$10,000
Kearns & WestMartha Miller PlanningMintier Harnish Associate Staff
M. Gibbons M. Miller
Project
Totals
J. Harnish
Mintier Harnish
Principal
B. Gibbons
Mintier Harnish Senior
Staff
$1,478,815

City Council
16 –
35 10/17/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Countywide Signal Synchronization Baseline Project

AGENDA TITLE
Approve a Cooperative Agreement with Orange County Transportation Authority for the Countywide Signal Synchronization Baseline Project, for a Term Effective Until December 31, 2028 (Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority identifying the City’s role and responsibilities to implement the countywide signal synchronization baseline project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES:Yes

DISCUSSION
Signal synchronization is a cost-effective way to maximize roadway throughout the City without major new construction. Orange County Transportation Authority (OCTA) provides funding and assistance to implement multi-agency signal synchronization as part of the M2 Project P (Project P). Annually, OCTA provides competitive grants dedicated to the coordination of traffic signals across jurisdictional boundaries. The goal of Project P is to improve traffic flow by developing and implementing regional signal coordination that crosses local agencies’ boundaries and maintains coordination through freeway interchanges where possible.

Since its inception, Project P has utilized a corridor-based approach to fund projects and has been successful in improving travel times, reducing delays and congestion, and increasing the number of consecutive green lights drivers experience in their daily commutes. In 2019, a decade into the program, OCTA staff began a countywide signal synchronization study to evaluate and update the program to coincide with today’s current traffic and technology trends.

Further analysis of the completed projects within Project P indicated that the corridor approach was successful in kicking off the program; however, crossing corridors are

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Countywide Signal Synchronization Baseline Project
October 17, 2023

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beginning to experience conflicting timing demands at these intersections. Moreover, the study indicated that it is best practice to periodically resynchronize traffic signals to ensure operational efficiency and adjust for changes in traffic.

To ensure that all Orange County signals are revisited, the countywide signal synchronization study resulted in the following recommendations to enhance the signal synchronization program moving forward:
•Set a countywide signal synchronization baseline by retiming approximately 2,500 Orange County signals along regionally significant corridors to avoid any crossing coordination conflicts and ensure signal timing is based on current traffic volumes.
•Separate Orange County into zones with signals and corridor segments grouped based on traffic progression and to facilitate implementation. •Transition from a corridor-based to a zone-based approach that is retimed on a regular basis to minimize conflicts with crossing corridors. Monitor the performance of the signals in the interim and enhance upcoming retiming efforts to maximize the benefits of the zone-based approach. •Continue to offer annual calls that balance signal synchronization and signal capital improvements to ensure Orange County is future ready.

The recommended updates aim to provide a program that will regularly coordinate signals as the basis for synchronized operation across Orange County, which includes 204 traffic signals in Santa Ana.

OCTA has received $15 million of external funds to administer and deliver this project.

While OCTA will fund and act as lead agency for the project, a cooperative agreement (Exhibit 1) is necessary to identify the roles and responsibilities of each participating agency, to maintain inter-jurisdictional synchronization during the project period which is scheduled to begin by January 2024. Upon project completion, responsibility for ongoing signal timing maintenance will revert to the respective local agencies.

FISCAL IMPACT
There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time.

EXHIBIT(S)

1. Orange County Cooperative Agreement (C-3-2433)
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager

City Council
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2 10/17/2023

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COOPERATIVE AGREEMENT NO. C-3-2433

BETWEEN

ORANGE COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF SANTA ANA
FOR

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
THIS COOPERATIVE AGREEMENT (Agreement), is effective this ______ _ day of _________________, 2023 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the City of Santa Ana , a municipal corporation duly organized and existing under the constitution and laws of the State of California (“PARTICIPATING AGENCY”), each individually known as “Party” and collectively known as “Parties”.

RECITALS:

WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCY is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program ( RTSSP) to enhance countywide traffic flow and reduce congestion; and
WHEREAS, the AUTHORITY completed a Countywide Signal Synchronization Plan Study (hereinafter, “ PLAN STUDY ”) in support of the RTSSP and received authorization from the AUTHORITY’s Board of Directors on March 14, 2022, to update the Traffic Signal Synchronization Master Plan in accordance with the PLAN STUDY recommendations; and WHEREAS, the AUTHORITY secured Congestion Mitigation and Air Quality (“CMAQ”) funds for the implementation of a Countywide Signal Synchronization Baseline Project (hereinafter, “PROJECT”) as presented in the PLAN STUDY; and
EXHIBIT 1

City Council
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3 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT
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WHEREAS, the AUTHORITY intends to release a request for proposals to secure a consultant (“CONSULTANT”) to implement the PROJECT; and
WHEREAS, based on the PLAN STUDY the AUTHORITY agrees to act as the implementing agency to carry out the PROJECT; and
WHEREAS, the PROJECT will include approximately 2,500 traffic signalized intersections along regionally significant corridors within Orange County; and WHEREAS, approximately 204 PARTICIPATING AGENCY-owned and operated signalized intersections and 1 (one) optional operated signalized intersection will be included as part of the PROJECT; and
WHEREAS, the PROJECT will include all 34 Orange County cities and the County of Orange; and
WHEREAS, the AUTHORITY will enter into a separate cooperative agreement wit h each participating agency in each jurisdiction for implementation of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCY acknowledges and understands that in-house resources (staff hours) from the PARTICIPATING AGENCY will provide various services in support of the PROJECT; and
WHEREAS, the AUTHORITY and the PARTICIPA TING AGENCY desire to enter into this Agreement to implement the PROJECT in support of the RTSSP ; and WHEREAS, this Agreement defines the specific terms and conditions, and between the AUTHORITY and the PARTICIPATING AGENCY for the implementation of the PROJECT; and WHEREAS, the PARTICIPATING AGENCY’s City Council approved this Agreement on the 3rd day of October, 2023.

NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCY as follows:
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City Council
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4 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and the PARTICIPATING AGENCY and supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.

The above referenced Recitals are true and correct and are incorporated by reference herein.

B. The AUTHORITY’s failure to insist on any instance(s) of the PARTICIPATING AGENCY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and the PARTICIPATING AGENCY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.

C. The PARTICIPATING AGENCY’s failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the PARTICIPATING AGENCY’s right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the PARTICIPATING AGENCY except when specifical ly confirmed in writing by an authorized representative of the PARTICIPATING AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
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City Council
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5 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the P arties as they pertain to the subjects and PROJECT addressed herein. The Parties agree that each will cooperate and coordinate with the other Party in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.

ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY , as the lead agency , agrees to the following responsibilities for the implementation of the PROJECT:

A. To designate a Project Manager as a single point of contact for the Project.

B. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT, including filing all documentation necessary to comply with the Congestion Mitigation and Air Quality (CMAQ) funding for the PROJECT.

C. The AUTHORITY, or agents of the AUTHORITY, shall c oordinate outreach with the PARTICIPATING AGENCY for the PROJECT.

D. The AUTHORITY, or agents of the AUTHORITY, shall c ollect all data necessary to provide new optimized timing plans including, but not limited to, manual or video all movement counts at each PROJECT signalized intersection, and a mutually agreed upon number and location of 24 hours 7 days automated machine traffic counts with vehicle classification.

E. The AUTHORITY, or agents of the AUTHORITY, shall develop and implement new timing plans optimized for signal synchronization.

F. The AUTHORITY, or agents of the AUTHORITY, shall provide updated timing plans for all control systems and all relevant data used to develop said plans to the PARTICIPATING AGENCY.

G. The AUTHORITY, or agents of the AUTHORITY, shall prepare a conceptual plan for the delivery of the PROJECT. The AUTHORITY, or agents of the AUTHORITY, shall provide all reports to the PARTICIPATING AGENCY in draft and final formats for review and comment. The PARTICIPATING AGENCY comments shall be noted in the final report.

City Council
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6 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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H. The AUTHORITY shall provide oversight to maintain inter -jurisdictional traffic signal operational integrity between the PROJECT and other signal synchronization projects not older than three (3) years from the effective date of this Agreement.

I. The AUTHORITY shall provide formats, templates, and guidance in reporting requirements necessary for the PROJECT.

J. The AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the CMAQ guidelines, policies, and procedures were followed.

ARTICLE 4. RESPONSIBILITIES OF THE PARTICIPATING AGENCY The PARTICIPATING AGENCY agrees to the following responsibilities for implementation of the PROJECT:

A. The PARTICIPATING AGENCY shall provide a technical representative to meet and participate as a member of the PROJECT’s Traffic Forum.

B. The PARTICIPATING AGENCY shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.

C. The PARTICIPATING AGENC Y shall p articipate and support the PROJECT implementation.

D. The PARTICIPATING AGENC Y shall provide the AUTHORITY, or agents of the AUTHORITY, all current intersection as -built drawings, all current intersections controller assembly plans as provided by the manufacturer and modified by the PARTICIPATING AGENCY since original installation, local field master, local controller, Advanced Traffic Management System timing plans , and other ITS-related data upon request.

E. The PARTICIPATING AGENCY shall inform the AUTHORITY of new traffic signal installations and any traffic signal modifications, which would materially affect the performance of the regional corridors on the PROJECT.
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City Council
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7 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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F. The PARTICIPATING AGENCY shall maintain in good condition existing traffic signal equipment for the PROJECT, such as signal communication and traffic signal controllers.

G. The PARTICIPATING AGENCY shall waive all fees associated with permits that would otherwise be required from the CONSULTANT, subconsultants, and/or service or equipment providers in the performance of the PROJECT.

ARTICLE 5. DELEGATED AUTHORITY
The actions required to be taken by the PARTICIPATING AGENCY in the implementation of this Agreement are delegated to its respective City Manager, or City Manager’s designee, and the actions required to be taken by the AUTHORITY in the implementation of this Agreement are delegated to the AUTHORITY’s Chief Executive Officer or Chief Executive Officer’s designee.

ARTICLE 6. AUDIT AND INSPECTION
PARTICIPATING AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING AGENCY shall permit the authorized representatives of AUTHORITY to ins pect and audit all work, materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCY for a period of five (5) years after final payment, final closeout, or until any on-going audit is completed, whichever is later. For purposes of audit, the date of completion of this Agreement shall be the date of AUTHORITY’s payment of CONSULTANT’s final billing (so noted on the paid invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AUTHORITY’S contractor.

ARTICLE 7. INDEMNIFICATION
A. To the fullest extent permitted by law, the PARTICIPATING AGENCY shall defend (at the PARTICIPATING AGENCY’s sole cost and expense with legal counsel reasonably acceptable to the AUTHORITY), indemnify, protect, and hold harmless the AUTHORITY, and its officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,

City Council
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8 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons ( PARTICIPATING AGENCY’s employees included), for damage to property, including property owned by the AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

B. To the fullest extent permitted by law, the AUTHORITY shall defend (at the AUTHORITY’s sole cost and expense with legal counsel reasonably acceptable to the PARTICIPATING AGENCY), indemnify, protect, and hold harmless the PARTICIPATING AGENCY, including their officers, directors, employees, and agents (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY’s employees included), for damage to property, including property owned by the PARTICIPATING AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of the AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement.

C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination.

ARTICLE 8. ADDITIONAL PROVISIONS
A. Term of Agreement: This Agreement shall be in full force and effect from the Effective Date through December 31, 2028.

B. Amendment: This Agreement may be extended or amended in writing at any time by the mutual consent of both Parties. No amendment shall have any force or effect unless executed in writing by all Parties.
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City Council
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9 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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C. Termination: In the event any P arty defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting Party shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default.

D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days pr ior written notice of its intent to terminate for convenience to the other Party.

E. AUTHORITY and Parties shall comply with all applicable federal, state, and local laws, statues, ordinances, and regulations of any governmental authority having jurisdiction over the PROJECT.

F. Legal Authority: The Parties hereto consent that they are authorized to execute this Agreement on behalf of said Party and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement.

G. Severability: If any term, provision, covenant, or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each remaining term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same Agreement. Facsimile/electronic signatures shall be permitted.

I. Assignment: Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. /

City Council
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10 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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J. Governing Law: The laws of the State of California and applicable local and federal laws, regulations, and guidelines shall govern this Agreement.

K. Litigation Fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney’s fees, to the prevailing Party.

L. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows:

To PARTICIPATING AGENCY: To AUTHORITY:

City of Santa Ana Orange County Transportation Authority Traffic Engineering Section/M-43
20 Civic Center Plaza
Santa Ana, CA 92701
550 South Main Street
P. O. Box 14184
Orange, CA 92863-1584
Attention: Executive Director
Public Works Agency
Tel: (714) 647-5654
Email: [email protected]
Attention: Michael Le
Senior Contract Administrator
Tel: (714) 560-5314
Email: [email protected]

CC: Alicia Yang
OCTA Project Manager
Tel: (714) 560-5362
Email: [email protected]
M. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; ac ts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing.

City Council
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11 10/17/2023

COOPERATIVE AGREEMENT NO. C-3-2433

COUNTYWIDE SIGNAL SYNCHRONIZATION BASELINE PROJECT

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-3-2433 to be executed as of the date of the last signature below.

CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY By: ___________________________ By: __________________________________ Kristine Ridge Meena Katakia
City Manager Manager, Capital Projects
Dated: _________________________ Dated: _________________________ ATTEST: APPROVED AS TO FORM:

By: ___________________________ By: __________________________________ Jennifer L. Hall James M. Donich
City Clerk General Counsel
Dated: _________________________ Dated: _________________________

APPROVED AS TO FORM
By: ___________________________
Jose Montoya
Assistant City Attorney
Dated:
__9/5/2023__________________
RECOMMENDED FOR APPROVAL:

By: __________________________________
Nabil Saba, P.E.

Executive Director, Public Works Agency
Dated: _________________________
James Donich (Jul 30, 2023 11:22 PDT)

City Council
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12 10/17/2023

Public Works Agency and Library Services
https://www.santa-ana.org/public-works
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: King Street Urban Greening Project

AGENDA TITLE
Approve Appropriation Adjustments and Award a Construction Contract to C.S. Legacy Construction, Inc. in the Amount of $1,598,202 for the King Street Urban Greening Project with an Estimated Construction Delivery Cost of $1,918,240 (Project No. 23- 6625) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize $275,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior-Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

2.Approve an appropriation adjustment to recognize $300,000 of prior-year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes)

3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to add $275,000 of Federal Clean Water Protection Enterprise funding and $300,000 of Residential Development District 1, Park Acquisition & Development funding for the King Street Urban Greening Project (23-6625).

4. Award a construction contract to C.S. Legacy Construction, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,598,202, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the King Street Urban Greening Project, for the term beginning October 17, 2023 and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

City Council
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1 10/17/2023

King Street Urban Greening Project
October 17, 2023

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5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,918,240, which includes $1,598,202 for the construction contract, $159,820 for contract administration, inspection, and testing, and a $160,218 project contingency for unanticipated or unforeseen work.

6. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2023-73 was filed for this project.

GOVERNMENT CODE §84308 APPLIES:No

DISCUSSION
The project features the transformation of 9,000 square-feet of unused public space at the intersection of King Street and 10th Street into a new urban green space (Exhibit 1).

The project includes bicycle and pedestrian pathways, drought-tolerant landscaping, lighting, waste receptacles, seating, interpretive signage, art installations, new sidewalks, Americans with Disabilities Act (ADA) curb ramps, and a stormwater infiltration system that will capture and infiltrate stormwater runoff from the surrounding neighborhood.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified 1,828 regional vendors via PlanetBids, many of which are Santa Ana based. Five vendors requested bidding documents and five bids were received. Bids were not received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 2, 2023 and August 9, 2023. The project was also advertised in PlanetBids from August 1, 2023 through August 22, 2023. An Addendum was issued on August 15, 2023 to modify some of the bid item quantities. Bids were received electronically via PlanetBids on August 22, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 C.S. Legacy Construction, Inc. Walnut, CA $1,598,202
2 MBC Enterprises Inc Westminster, CA $1,814,358
3 Zusser Company, Inc. Los Angeles, CA $1,890,779
4 Excel Paving Co Long Beach, CA $2,148,889
5 Kazoni Construction Costa Mesa, CA $2,866,141

City Council
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2 10/17/2023

King Street Urban Greening Project
October 17, 2023

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A total of five bids were received, all of which were deemed responsive. C.S. Legacy Construction, Inc. submitted the lowest responsive base bid in the amount of $1,598,202 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined by the Base Bid. Based on the bid analysis and a contractor’s reference check, Staff recommends awarding the construction contract to C.S. Legacy Construction, Inc., in the amount of the base bid totaling $1,598,202 (Exhibit 3).

In the past five years, C.S. Legacy Construction, Inc. has completed several park and street improvement projects for the Public Works Agency and Parks, Recreation, and Community Services Agency, including the Civic Center Japanese Pavilion Restoration, Center Street Urban Greening Project, and South Main Corridor Improvements.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City’s Community Workforce Agreement (CWA) requirements; inspection of the Contractor’s work to ensure contract compliance, workmanship, and quality; and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,918,240.

Project Item Total
Construction Contract Bid Amount $1,598,202
Construction Administration, Inspection, Testing $159,820 Contingencies $160,218
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $1,918,240
Approval of the amendment to the FY 2023-24 Capital Improvement Program (Exhibit 5) will officially incorporate the additional funding for the project into the CIP program.

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-73 was filed for the project.

FISCAL IMPACT
This project was originally approved in the FY 2022-23 CIP as Project No. 23-6625, which is the number assigned to the Project Plans and Specifications, the Notice Inviting Bids, and all expenditures to deliver the project. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $1,918,240, which includes construction, contract administration, inspection, testing, and an

City Council
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3 10/17/2023

King Street Urban Greening Project
October 17, 2023

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authorized contingency. Approval of the Appropriation Adjustments will recognize $275,000 of prior year fund balance in the Federal Clean Water Protection fund, Prior- Year Carryforward revenue account (No. 05717002-50001) and appropriate the same amount into the Federal Clean Water Protection Enterprise, Improvements Other Than Buildings expenditure account (No. 05717640-66220), and recognize $300,000 of prior year fund balance in the Residential Development District 1, Park Acquisition & Development Fees, Prior Year Carryforward revenue account (No. 31113002-50001) and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account (No. 31113260-66220).

The proposed contract enables Staff to authorize a construction cost increase of up to 25 percent, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to the City Council with a project update and recommendations.

The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 5) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carry-overs to FY 2024-25.

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

Description
Amount
Existing Project Budget
2023-24 16417640-66220
(23-6625)
PWA
Enterprise
Capital
Grants
Public Works – Water
Quality and Control,
Improvements Other
Than Buildings
$1,343,240
Appropriation Adjustments
2023-24 05717640-66220
(23-6625)
Federal
Clean Water
Protection
Enterprise
Federal Clean Water
Protection Enterprise,
Improvements Other
Than Buildings
$275,000
2023-24 31113260-66220
(23-6625)
District 1
Acquisition
and
Development
Fund
Residential
Development District
1, Improvements Other
Than Buildings
$300,000
Total $1,918,240

City Council
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4 10/17/2023

King Street Urban Greening Project
October 17, 2023

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EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. FY 2023-24 CIP Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager

City Council
18 –
5 10/17/2023

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 23-6625:

King Street Urban Greening
Exhibit 1
- Project Location
Legend

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$1,598,201.66
$159,820
$160,218
TOTAL ESTIMATED CONSTRUCTION COSTS $1,918,239.66
CONSTRUCTION OF PROJECT NO. 23-6625: KING STREET URBAN GREENING

PROJECT

COST ANALYSIS
Construction Contract
Contract Administration, Inspection and Testing
Contingencies

City Council
18 –
19 10/17/2023

EXHIBIT 5
CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT TITLE: PROJECT DESCRIPTION: PROJECT NEED:

King Street Urban Greening Project The King Street Urban Greening Project features the transformation of approximately 9,000 square-feet of unused public space at the intersection of King Street and 10th Street. The Project includes bicycle and pedestrian pathways, drought tolerant landscaping, lighting, waste receptacles, seating, interpretive signage, art installations, and a stormwater infiltration system that will capture and infiltrate stormwater runoff from the surrounding neighborhood.

The abandoned street area at the intersection of King Street and 10th Street is unused and is subject to illegal dumping. The Project will beautify this public space and provide benefits to the surrounding community. The Project will also help improve water quality, enhance local water supply, and reduce flooding via the infiltration of stormwater runoff . The Project connects the Artesia Pilar neighborhood to Fairview Street via the installation of pedestrian and bicycle pathways.

PROJECT CATEGORY:

Utility/Drainage/Lighting Improvements
Storm Drain/Water Quality
PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 575,000 -
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-TOTAL 575,000

SOURCE OF FUNDS
DISTRICT 1 A&D FUND

FED CLEAN WATER
FY 23/24
300,000
275,000
575,000
FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-TOTAL
AGENCY: DIVISION: CONTACT: DATE:

Public Works CIP Engineering Craig Foster, NPDES Manager 20-Sep-2023

City Council
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20 10/17/2023

Public Works Agency
https://www.santa-ana.org/public-works
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Award Construction Contract for the 17 th Street Rehabilitation from Fairview Street to Flower Street Project

AGENDA TITLE
Award a Construction Contract to All American Asphalt in the Amount of $1,899,983 for the 17th Street Rehabilitation, with an Estimated Project Delivery Cost of $2,374,980 (Project No. 21-6979 & 21-6980) (Non-General Fund)

RECOMMENDED ACTION

1. Authorize budget reallocation of $671,980 in unspent Roadway Maintenance and Rehabilitation Account (SB-1) funds from the Fairview Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project to complete the project funding requirement as follows: $335,990 to be allocated to 17th Street Rehabilitation, Bristol to Flower (No.21-6979) Project and $335,990 to be allocated to 17th Street Rehabilitation, Fairview to Bristol (No. 21-6980) Project.

2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,899,983, subject to change orders (not to exceed 25 percent of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the 17th Street Rehabilitation Project, for a term beginning October 17, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,374,980, which includes $1,899,676 for the construction contract, $284,998 for contract administration, inspection, and testing, and a $189,999 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $671,980 in construction funds for the 17th Street Rehabilitation Project (Project No. 21-6979, 21-6980).

City Council
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Award Construction Contract with All American Asphalt
October 17, 2023

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5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act (“CEQA”) as Categorical Exemption Environmental Review No. ER-2021-48 was filed for this project.

GOVERNMENT CODE §84308 APPLIES:No

DISCUSSION
Staff has identified 17th Street from Fairview Street to Flower Street (Exhibit 1) as a priority by the city’s pavement management program. The pavement is deteriorating due to weather, age, and heavy usage. The scope of work includes excavation, grading, removal and replacement of asphalt concrete pavement and Portland cement concrete, landscaping, irrigation, and signing and striping. Once completed, the improvements will enhance the street's drivability, visual appearance, accessibility, and drainage issues.

This project will combine two rehabilitation projects, 17th Street from Fairview Street to Bristol Street and 17th Street from Bristol Street to Flower Street (Project No. 21-6979, 21-6980), in order to efficiently perform improvements at a cost effective rate.

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 1,559 regional vendors via PlanetBids, many of which are Santa Ana based. Forty-four vendors requested bidding documents and a total of five bids were received. Bids were not received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on June 6, 2023, June 13, 2023, and June 27, 2023. The project was also advertised in PlanetBids from June 2, 2023 through July 6, 2023. Bids were received electronically via PlanetBids on July 6, 2023.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 All American Asphalt Corona, CA $1,899,983
2 R.J. Noble Company Orange, CA $1,948,917
3 Hardy & Harper, Inc. Lake Forest, CA $1,960,000
4 Excel Paving Co Long Beach, CA $2,113,553
5 Onyx Paving Company, Inc. Anaheim, CA $2,488,000
A total of five bids were received, and all were deemed responsive. All American Asphalt submitted the lowest responsive base bid in the amount of $1,899,983 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, Staff

City Council
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2 10/17/2023

Award Construction Contract with All American Asphalt
October 17, 2023

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recommends awarding the construction contract to All American Asphalt, in the amount of the base bid totaling $1,899,983 (Exhibit 3).

All American Asphalt has worked on various projects for the City of Santa Ana throughout the last several years. The most recent project involving All American Asphalt was the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road in FY 2023/2024.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,374,980.

Project Item Total
Construction Contract Bid Amount $1,899,983
Construction Administration, Inspection, Testing $284,998 Contract Contingencies $189,999
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $2,374,980
In order to account for the widespread price increases in construction material, Staff recommends reallocating $671,980 in unspent Road Maintenance and Rehabilitation Account (SB-1) funds to supplement the existing construction funding. Funding was originally allocated to the Fairview Street Rehabilitation from South City Limits to Segerstrom Avenue Improvement (No. 21-6978) Project. The Fairview Rehab Project will be fully funded with a new budget in the upcoming FY 2023-24 Capital Improvement Program (CIP) (Exhibit 5).

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2021-48 was filed for the project.

FISCAL IMPACT
Project 21-6979 and Project 21-6980 are the numbers assigned to the funding for tracking of all expenditures to deliver the construction of this project indicated in the Cost Analysis. The total construction delivery cost of the project is $2,374,980, which includes construction, contract administration, inspection, testing, and an authorized contingency. Monies will be reallocated from Project No. 21-6978 to fund this agreement.

City Council
19 –
3 10/17/2023

Award Construction Contract with All American Asphalt
October 17, 2023

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The proposed contract enables staff to authorize a construction cost increase of up to 25 percent if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations.

The following table summarizes the funds budgeted and available in current FY 2023-24 (Exhibit 5) for expenditure to deliver construction of this project. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25.

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

Description
Amount
Existing Budget
2023-24 05917665-66220
(21-6979)
Select Street
Construction
HUTA Gas Tax –
RMRA, Improvements
Other Than Buildings
$972,000
2023-24 05917665-66220
(21-6980)
Select Street
Construction
HUTA Gas Tax –
RMRA, Improvements
Other Than Buildings
$731,000
Budget Reallocation
2023-24 05917665-66220
(From Proj. 21-
6978 to 21-6979)
Select Street
Construction
HUTA Gas Tax –
RMRA, Improvements
Other Than Buildings
$335,990
2023-24 05917665-66220
(From Proj. 21-
6978 to 21-6980)
Select Street
Construction
HUTA Gas Tax –
RMRA, Improvements
Other Than Buildings
$335,990
Total $2,374,980

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheets
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager

City Council
19 –
4 10/17/2023

PWA

SANTA ANA

PUBLIC WORKS AGENCY
Project No. 19-6948 (ATPSBL-5063(195)):

West Willits Protected Bike Lanes from Fairview
Street to Raitt Street
EXHIBIT 1
Project No. 21-6979 & 21-6980
17th St Rehabilitation from Fairview to Flower
Project Location

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19 –
5 10/17/2023

410.00

0.40 119.00
141.00
781.00
18,100.00
18,100.00

14.00 37.00

99.00 35.00

20.72 38.00
542.00
184,500.00
122,708.00
195,160.00
253,800.00
242,110.00
109,200.00
125,800.00
232,650.00
84,000.00
10,360.00
53,200.00
4,878.00
EXHIBIT 2

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19 –
6 10/17/2023

975.00
975.00
1,200.00
975.00
542.00
542.00
1,300.00
375.00
345.00
2,450.00
96,000.00
96,000.00
1,899,983.00
2,925.00
29,250.00
3,900.00
30,000.00
10,400.00
19,125.00
46,575.00
9,800.00

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7 10/17/2023

City Council
19 –
8 10/17/2023

EXHIBIT 3

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9 10/17/2023

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11 10/17/2023

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12 10/17/2023

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19 –
13 10/17/2023

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19 –
14 10/17/2023

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19 –
15 10/17/2023

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19 –
16 10/17/2023

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19 –
17 10/17/2023

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19 –
18 10/17/2023

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19 –
19 10/17/2023

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19 –
20 10/17/2023

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19 –
21 10/17/2023

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19 –
22 10/17/2023

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19 –
23 10/17/2023

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19 –
24 10/17/2023

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25 10/17/2023

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28 10/17/2023

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29 10/17/2023

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EXHIBIT 4
Construction Contract 1,899,983.00$
Contract Administration, Inspection and Testing 284,998.00$ Contingencies 189,999.00$
TOTAL ESTIMATED CONSTRUCTION COSTS 2,374,980.00$
Prog Pay
Const Eng
Des Eng
Conting
TOTAL

EXISTING MISSING BUDGET
Phase
Prog Pay
Const Eng
Des Eng
Conting
TOTAL

TRANSFER PROG PAY & CONTING FROM MEMORIAL TO CAMPESINO
Phase
CONSTRUCTION OF PROJECT NO. 21-6979 & 21-6980: 17th Street Rehabilitation from Fairview St to Flower St

COST ANALYSIS

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19 –
32 10/17/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Application of slurry seal, crack seal, and minor pavement resurfacing with asphalt concrete. The work also include replacement/installation of missing or damaged curbs, gutters, sidewalk, driveway approaches, wheelchair ramps, and striping.

PROJECT NEED:

The City's Pavement Management Program has been developed to identify the preventative maintenance requirements for the City's street network. The application of a surface seal to streets with improvements constructed in the last 10 years will ensure a high level of service for years to come.

PROJECT TITLE:
17th Street Rehabilitation: Fairview
to Bristol
PROJECT CATEGORY:

Street Improvements
Arterial Street Rehabilitation

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Design Engineering Sean Thomas, Senior Civil Engineer 17-Oct-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 335,990 - - - - - -
Engineering - - - - - - -
TOTAL 335,990 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 RMRA SB1 335,990 - - - - - -
TOTAL 335,990 - - - - - -
EXHIBIT 5

City Council
19 –
33 10/17/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

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

PROJECT NEED:

The City's Pavement Management Program (PMP) has been
developed to prioritize and recommend the most cost-effective roadway repairs, and maximize the return from available funding for street pavement. This segment of 17th Street pavement rehabilitation is identified as a high priority in the PMP.

PROJECT TITLE:
17th Street Rehabilitation: Bristol to
Flower
PROJECT CATEGORY:

Street Improvements
Arterial Street Rehabilitation

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Design Engineering Sean Thomas, Senior Civil Engineer 17-Oct-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 335,990 - - - - - -
Engineering - - - - - - -
TOTAL 335,990 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 RMRA SB1 335,990 - - - - - -
TOTAL 335,990 - - - - - -
EXHIBIT 5

City Council
19 –
34 10/17/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 17, 2023
TOPIC: Fountain Maintenance Repair Services

AGENDA TITLE
Amend the Agreement with Service First Fountains to Increase the Contract Amount Annually by $50,000 and Extend the Term by Two Years for Fountain Maintenance and Repair Services (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a first amendment to the agreement with Service First Fountains to provide scheduled fountain maintenance and repair services, increasing the annual amount by $50,000 for a new annual amount not to exceed $167,000 and extend the term by two years until December 31, 2025, subject to non- substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES:Yes

DISCUSSION
On September 13, 2021, PRCSA released a Request for Proposal (RFP) for fountain maintenance and on November 16, 2021, Service First Fountain (Service First) was awarded the contract (Exhibit 1). Service First has provided continuous maintenance services at our fountains and city pools. Their highly professional and prompt responses have been instrumental in keeping our fountains beautiful, healthy, and safe for all residents and city visitors to enjoy.

Over the years, there has been a need for an increased level of maintenance services due to vandalism and deferred maintenance. Service First has provided high-quality maintenance service to the City since its contract commencement in 2021. To fund the increased level of service and unforeseen repairs, Staff recommends increasing the annual agreement amount by $50,000 to cover service (Exhibit 2). Furthermore, due to their satisfactory work throughout the contract, Staff recommends extending the agreement term by an additional two years ending December 31, 2025.

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20 –
1 10/17/2023

Fountain Maintenance Repair Services
October 17, 2023

3 7
7 8

FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services.

Fiscal Year Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
Annual Increase
2023
(August-
December)
07417655-
62320
Civic Center
Maintenance
Fund
Civic Center – Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$47,000
2023
(August-
December)
02718133-
62300 Parking Fund
Downtown
Enhancements, Contract
Services-Professional
$3,000
2024
(January-
June)
07417655-
62320
Civic Center
Maintenance
Fund
Civic Center – Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$25,000
FY 24-25 07417655-
62320
Civic Center
Maintenance
Fund
Civic Center – Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$50,000
FY 25-26 07417655-
62320
Civic Center
Maintenance
Fund
Civic Center – Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$50,000
FY 26-27
07417655-
62320
Civic Center
Maintenance
Fund
Civic Center – Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$50,000
2027
(July-
December)
07417655-
62320
Civic Center
Maintenance
Fund
Civic Center – Regular
Maintenance, Maint. &
Repair Bldg. & Ground
$25,000
Total $250,000

EXHIBIT(S)

1. Agreement with Service First Fountains, A-2021-218

2. First Amendment with Service First Fountains
Submitted By: Nabil Saba, P.E., Executive Director of Public Works Agency Approved By: Steven A. Mendoza, Assistant City Manager

City Council
20 –
2 10/17/2023

INSURANCEONFILF
WORN fv9?y DP
A- 2021- 218
c L

AGREEMENT TO PROVIDE FOUNTAIN MAINTENANCE AND REPAIR SERVICES p ; TfUft (fraliAb lk 46yi* 9 )WT•I
THIS AGREEMENT is madeand enteredinto this 16t° day of November, 2021by andbetween Service First Contractors Network dba Service 1st (" Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of o
the Stateof California (" City"). City and Contractor are also referred to as "the Parties." a-

N RECITALS
0 A. On September13, 2021, the City issuedRequestfor Proposal ("RFP") No. 21- 102, by which it soughtaqualified contractor toprovide fountainmaintenanceandrepair services.

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

Contractorrepresentsthat it is able andwilling to provide the servicesdescribedin the scope of work that was included in RFP 21- 102.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeablein its field andthat anyservicesperformedby Contractorunderthis Agreementwill beperformedin compliancewithsuchstandardsasmayreasonably be expectedfrom aprofessional contractingfirm in the field.

NOW THEREFORE, in considerationof the mutualandrespectivepromises, andsubjectto the termsandconditions hereinaftersetforth, theparties agreeasfollows:

1. SCOPE OF SERVICES
Contractor shall perform during the term of this Agreement, the tasks and obligations includingall labor, materials, tools, equipment, andincidentalcustomarywork requiredto fully and adequatelycomplete the fountain repair and maintenanceservicesdescribedand setforth in the scope of work that was included in RFP No. 21- 102, which is attached as Exhibit A and incorporated in full, and as further described in Contractor' s Proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City agreesto pay, andContractoragreesto acceptastotal paymentfor its services for City, the rates and charges identified in Exhibit C. The annual amount, including any extension period exercised underSection 3, shall not exceedone - hundred six thousandone -hundred seventydollars and zero cents ($106, 170.00), which includes (1) a base sum of $ 88,475 and (2) a twenty percent (20%) contingencyin the amount of $ 17,695 for additional servicesat the City' s sole discretion. The total sum to be expended under the term of this Agreement, including any extensionperiods, shall not exceedfour -hundredtwenty-four thousand six -hundred eighty dollars and zero cents ($424,680.00).

1.

EXHIBIT 1

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3 10/17/2023

b. Paymentby City shall be madewithin forty-five (45) days following receipt of properinvoice evidencingwork performed, subjectto City accountingprocedures.

Payment need not be made for work which fails to meet the standards of performancesetforth in theRecitalsandScopeof Work, which may reasonablybe expectedby City.

3. TERM
This Agreementshall commenceon January1, 2022 andterminateon December31, 2023, unlessterminatedearlierin accordancewith Section17, below. Thetermof thisAgreementmay beextendedfor upto two (2), one (1) yearperiodsupona writing executedby theCity Manager andCity Attorney.

4. PREVAILING WAGES
Contractoris awareof therequirementsof CaliforniaLaborCodeSection1720, etseq., and 1770, et seq., as well asCalifornia Codeof Regulations, Title 8, Section16000, et seq., Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performanceof otherrequirementson "publicworks" and "maintenance" projects. If theservices beingperformedarepartof anapplicable "publicworks" or "maintenance" project, asdefinedby the Prevailing Wage Laws, and the total compensation is $ 1,000 or more, Contractor agreesto fully complywith suchPrevailingWageLaws. Contractorshalldefend, indemnifyandholdthe City, its electedofficials, officers, employeesandagentsfreeandharmlessfrom anyclaim or liability arisingoutof anyfailureor allegedfailureto complywiththePrevailingWageLaws.

5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independentcontractorandnotanemployeeoftheCity. ThisAgreementis notintendednorshall it beconstruedto createanemployer -employeerelationship, ajoint venturerelationship, or to allow theCity to exercisediscretionor control over theprofessionalmannerin which Contractor performs the serviceswhich are the subject matter of this Agreement; however, the servicesto be providedby Contractorshallbe providedin amannerconsistentwith all applicablestandardsand regulationsgoverningsuchservices. Contractorshallpayall -salariesandwages, employer's social security taxes, unemployment insuranceand similar taxes relating to employees and shall be responsiblefor all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreementcreatesa non-exclusiveand perpetuallicensefor City to copy, use, modify, reuse, or sublicenseany and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorshipfixed in anytangiblemediumof expression, includingbut not limited to, physical drawingsordatamagneticallyor otherwiserecordedoncomputerdiskettes, whicharepreparedor causedto be preparedby Contractor under this Agreement ("Documents & Data"). Contractor shall requireall subcontractorsto agreein writing that City is granteda non-exclusiveand

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perpetual license for any Documents & Data the subcontractor prepares under this Agreement.

Contractorrepresentsand warrants that Contractorhas the legal right to licenseany and all Documents & Data. Contractor makes no such representationand warranty in regard to Documents & Datawhich wereprovidedto Contractorby the City. City shallnot belimited in anyway in its useof the DocumentsandData atany time, providedthatany suchusenot within thepurposesintendedby this Agreementshallbe atCity' s solerisk.

INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain andmaintain insurance as describedbelow:
a. Minimum Scope and Limit of Insurance

1. Commercial General Liability ( CGL): Insurance ServicesOffice Form CG 00 01 covering CGL on an "occurrence" basis, including productsandcompletedoperations, propertydamage, bodily injury and personal & advertising injury with limits no less than 1,000,000per occurrence. If ageneralaggregatelimit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit.

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

3. Workers' Compensation: asrequiredby the Stateof California, with StatutoryLimits, andEmployer'sLiability Insurancewith limit of nolessthan $1,000,000peraccidentfor bodily injury or disease.

4. If Contractoris or employs a licensedprofessionalsuch as an architect or engineer: Professional liability ( errors and omissions) insurance, with a combined single limit of not less than $ 2,000, 000 per claim with $ 2,000,000 in the aggregate.

If the Contractor maintains broader coverage and/ or higher limits than the minimurns shown above, the City requires and shall be entitled to the broader coverageand/or the higher limits maintainedby the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverageshallbeavailableto the City.
b. Other Insurance Provisions
Additional insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respectto liability arising out of work or operationsperformedby or on behalf of the Contractorincluding

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materials, parts, or equipment furnished in connectionwith such work or operations. Generalliability coveragecanbeprovidedin the form of an endorsement to the Contractor' s insurance ( at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).

2. Primary Coverage: For any claims related to this contract, the Contractor's insurancecoverageshall be primary coverageat least asbroad asISO CG 20 01 04 13 asrespectsthe City, its officers, officials, employees, and volunteers. Any insurance or self- insurancemaintainedby theCity, its officers, officials, employees, or volunteers shall be excess of the Contractor' s insurance and shall not contribute with it.

3. Notice of Cancellation: Eachinsurancepolicy requiredaboveshall provide that coverage shall not be canceled, except with notice to the City.

4. Waiver of Subrogation: Contractorherebygrantsto City a waiver of anyright to subrogationthatanyinsurerof saidContractormay acquire againstthe City by virtue of thepayment of any lossunder such insurance. Contractor agreesto obtain any endorsementthat may be necessaryto affect this waiver of subrogation, but this provision appliesregardlessof whether or not the City hasreceived a waiver of subrogation endorsement from the insurer.

5. Self - Insured Retentions: Self -insured retentions must be declared to andapprovedby the City. The City may require the Contractorto purchasecoveragewith alowerretentionorprovideproofof ability to pay lossesand related investigations, claim administration, and defenseexpenseswithin the retention. The policy language shall provide, or be endorsedto provide, that the self -insured retention may be satisfiedby either thenamedinsuredor City.

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

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

7. Claims Made Policies (applicable only to professional liability):

The Retroactive Date must be shown, and must be before the dateof the contract or the beginning of contractwork.

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ii. Insurance must be maintained and evidence of insurance mustbe providedfor at leastfive ( 5) years a%ter completion of the contract of work.
iii. If coverage is canceled or non -renewed, and not replaced with another claims -madepolicy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five ( 5) years after completion of work.

8. Verification of Coverage: Contractorshall furnishtheCity with original Certificatesof Insuranceincludingall requiredamendatory endorsements (or copiesof the applicablepolicy languageeffecting coveragerequiredby this clause) and a copy of the Declarations and EndorsementPageof theCGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor' s obligation to provide them.

TheCity reservestheright to require complete, certified copiesof all required insurancepolicies, including endorsementsrequired by these specifications, at any time.

9. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements statedherein, andContractorshall ensurethat City is anadditional insured on insurance required from subcontractors.

10. SpecialRisks or Circumstances: City reservestheright to modify theserequirements, including limits, basedon thenatureof therisk, prior experience, insurer, coverage, or other special circumstances.

8. INDEMNIFICATION
Contractoragreesto defend, andshallindemnifyandhold harmlessthe City, its officers, agents, employees, contractors, specialcounsel, andrepresentativesfromliability: (1) forpersonal injury, damages, just compensation, restitution, judicial or equitablerelief arisingout of claimsfor personalinjury, includingdeath, and claimsfor propertydamage, which may arisefrom the negligentoperationsof the Contractoror its subcontractors, agents, employees, or otherpersons acting on their behalf which relatesto the services described in section 1 of this Agreement; and 2) from any claim that personalinjury, damages, just compensation, restitution, judicial or equitablerelief is due by reasonof the terms of or effects arising from this Agreement. This indemnityandhold harmlessagreementappliesto all claimsfor damages, just compensation, restitution, judicial or equitablerelief suffered, or allegedto havebeensuffered, by reasonof the eventsreferredto in this Sectionor by reasonof the terms of, or effects, arising from this Agreement. TheContractorfurtheragreesto indemnify, holdharmless, andpayall costsfor the defenseof theCity, includingfeesandcostsfor specialcounselto be selectedby theCity, regardinganyactionby athirdpartychallengingthevalidityof thisAgreement, or assertingthat

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personalinjury, damages, just compensation, restitution, judicial or equitablerelief duetopersonal or propertyrightsarisesby reasonof thetermsof, or effectsarisingfromthisAgreement. City may make all reasonabledecisionswith respectto its representationin anylegal proceeding.

Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section2782.8, theaboveindemnityshallbelimited, totheextentrequiredby Civil CodeSection 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractorshall defend, indemnify and hold harmlessthe City, its officers, agents, representatives, andemployeesagainstanyandall liability, including costs, andattorney's fees, for infringement of anyUnited States' letterspatent, trademark, or copyright containedin thework productor documentsprovidedby Contractor to theCity pursuantto this Agreement.

10. RECORDS
Contractorshallkeeprecordsandinvoicesin connectionwith theworkto beperformed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements chargedtotheCity for aminimumperiodof three (3) years, or for anylongerperiodrequiredby law, from the date of final payment to Contractor under this Agreement. All such records and invoicesshall be clearly identifiable. Contractorshall allow a representativeof the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuantto this Agreementduring regularbusinesshours. Contractorshall allow inspectionof all work, data, documents, proceedings, and activities relatedto this Agreementfor a period of three 3) years from the date of final payment to Contractor under this Agreement.

11. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonablyunderstoodto be confidential and/or proprietary, Contractoragreesthat it shall not use or disclosesuchinformation exceptin the performanceof this Agreement, and further agreesto exercisethe samedegreeof care it usesto protect its own information of like importance, but in no event less than reasonable care. " Confidential Information" shall include all nonpublicinformation. Confidential information includesnot only written information, but also information transferredorally, visually, electronically, or by other means. Confidential informationdisclosedto eitherparty by any subsidiaryand/or agentof the otherparty is covered bythisAgreement. Theforegoingobligationsof non-useandnondisclosureshallnotapplytoany information that (a) hasbeendisclosedin publicly availablesources; (b) is, through no fault of the Contractordisclosedin a publicly availablesource; (e) is in rightful possessionof the Contractor withoutanobligationof confidentiality; (d) is requiredto bedisclosedby operationof law; or (e) is independentlydevelopedby the Contractorwithout referenceto information disclosedby the City.

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12. CONFLICT OF INTEREST CLAUSE
Contractor covenantsthat it presently hasno interest and shall not have interests, direct or indirect, which would conflict in anymannerwith performanceof servicesspecifiedunderthis Agreement.

13. NOTICE
Any notice, tender, demand, delivery, or other communicationpursuantto this Agreement shallbein writing andshallbedeemedto beproperlygivenif deliveredin personor mailedby first classor certified mail, postageprepaid, or sentby fax or othertelegraphiccommunicationin themannerprovidedin this Section, to the following persons:

To City: Clerk of the City Council
City of SantaAna
20 Civic Center Plaza ( M- 30)
P. O. Box 1988
Santa Ana, CA 92702- 1988
Fax 714- 647- 6956
With copyto: ExecutiveDirectorof Parks, RecreationandCommunityServices City of SantaAna
20 Civic Center Plaza ( M- 23)
P. O. Box 1988
Santa Ana, California 92702
Fax ( 714) 571- 421 I
To Contractor: Service First
Attn: Robert Wormus, Account Manager
2510 N. Grand Ave., Ste, 110
Santa Ana, CA 92705
A partymay changeits addressby giving noticein writing to the otherparty. Thereafter, any communicationshallbe addressedandtransmittedto the new address. If sentby mail, communication shall be effective or deemedto have been given three (3) days after it hasbeen depositedin the United Statesmail, duly registeredor certified, with postageprepaid, and addressedassetforth above. If sentby fax, communicationshallbe effectiveor deemedto have beengiventwenty-four (24) hoursafterthetimesetforthonthetransmissionreportissuedbythe transmittingfacsimile machine, addressedasset forth above. For purposesof calculatingthese timefiames, weekends, federal, state, Countyor City holidaysshallbeexcluded.

14. EXCLUSIVITY AND AMENDMENT
This Agreementrepresentsthe completeandexclusivestatementbetweenthe City and

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Contractorregardingthe subjectmatterherein, andsupersedesany andall other agreements, oral or written, betweenthe parties. In the event of aconflict betweenthe terms of this Agreement and anyattachmentshereto, thetermsof thisAgreementshallprevail. ThisAgreementmaynotbe modifiedexceptby writteninstrumentsignedby theCity andby anauthorizedrepresentativeof Contractor. Thepartiesagreethatanytermsor conditionsof anypurchaseorderorotherinstrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promisesor agreements, orally or otherwise, havebeenmadeby any party, or anyoneactingon behalfof anyparty, which arenot embodiedherein.

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractormaynot assign, transfer, delegate, or subcontractany interesthereinwithout theprior written consent of the City and any such assignment, transfer, delegation or subcontractwithout theCity'sprior writtenconsentshallbeconsiderednull andvoid. Nothingin thisAgreementshall be construedto limit the City's ability to haveanyof the serviceswhich arethe subjectto this Agreementperformedby City personnelor by othercontractorsretainedby City.

16. WAIVER
No waiver of breach, failure of any condition, or anyright or remedycontainedin or grantedbytheprovisionsof thisAgreementshallbeeffectiveunlessit isinwritingandsignedby thepartywaiving thebreach, failure, right or remedy. No waiver of anybreach, failure or right, or remedyshallbe deemeda waiver of anyotherbreach, failure, right or remedy, whetheror not similar, nor shallanywaiver constituteacontinuingwaiver unlessthe writing sospecifies.

17. TERMINATION
This Agreementmay beterminatedby the City upon thirty ( 30) dayswritten notice of termination. hi suchevent, Contractorshallbe entitledto receiveandtheCity shallpay Contractor compensationfor all servicesperformedby Contractorprior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of suchpayment, theExecutiveDirector mayrequireContractorto deliver to the City all work product completed as of such date, and in suchcase suchworkproductshallbethepropertyof theCity unlessprohibitedby law, and Contractorconsentsto the City's usethereoffor suchpurposesasthe 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.

1.8. NON- DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital

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status, sexualorientation, genderidentity, genderexpression, gender, medicalconditions, genetic information, or militaryandveteranstatus, age, nationalorigin, ancestry, or disability, asdefined andprohibitedby applicablelaw, in therecruitment, selection, teaching, training, utilization, promotion, termination or other employmentrelatedactivities or any servicesprovided under thisAgreement. Contractoraffirmsthatit is anequalopportunityemployerandshallcomply with all applicable federal, state and local laws and regulations.

19. JURISDICTION - VENUE
ThisAgreementhasbeenexecutedanddeliveredin theStateof Californiaandthevalidity, interpretation, performance, and enforcementof any of the clausesof this Agreementshall be determinedand governedby the laws of the Stateof California. Both parties further agreethat OrangeCounty, California, shallbethevenuefor anyactionor proceedingthatmaybebroughtor ariseout of, in connectionwith or by reasonof this Agreement.

20. PROFESSIONAL LICENSES
Contractorshall, throughoutthetern of thisAgreement, maintainall necessarylicenses, permits, approvals, waivers, andexemptionsnecessaryfor the provision of the serviceshereunder andrequiredby thelawsandregulationsof theUnitedStates, theStateof California, theCity of SantaAnaandall othergovernmentalagencies. Contractorshallnotify theCity immediatelyand in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Saidinability shall becausefor termination of this Agreement.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority andright to bind their respectivepartiesto eachof theterms of this Agreement, andshall indemnify City fully, including reasonablecostsand attorney'sfees, for anyinjuriesor damagestoCity in theeventthatsuchauthority or power is not, in fact, held by the signatoryor is withdrawn. b. All exhibitsreferencedhereinandattachedheretoshallbeincorporatedasif fully setforth in the body of this Agreement.

IN WITNESSWHEREOF, thepartiesheretohaveexecutedthisAgreementthedateandyearfirst above written.

ATTEST:

Daisy Gomez
Clerk of the Council

CITY OF SANTA ANA
Kristine Ridge
City Manager

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APPROVED AS TO FORM

SOMA R, CARVALHO
City Attorney
don 5alvatierra
DeputyCity Attorney

RECOMMENDED FOR APPROVAL

CONTRACTOR
Name: Mark Bucher
Title: Secretary,
Lisa Rudloff.

Executive Director
Parks, Recreation, andCommunityServicesAgency
Page TOof 10

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APPROVED AS TO FORM

SONIA R, CARVALHO
City Attorney
By:
andon Salvatierra
Deputy City Attorney

RECOMMENDED FOR APPROVAL
Lisa Rudloff
Executive Director
Parks, Recreation, andCommunityServicesAgency

CONTRACTOR
Name: Mark Bucher
Title: Secretary

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Service
1ST
October 27, 2021
City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana CA 92702
Letter of Authorization
To whom it may concern:

I, JazmineRohr, herebydeclarethat MarkBucherhasthepower, authorityandrightastheSecretaryto bind Service First to the terms of this agreement.

Sincerernnd
Jaz ri.ohr
Office Manager
2510N. GrandA%enue. SUitCp110 • SantaAna. CaliFornia92705 • (714) 573-2200 • FAX (714)573-2297 • License #556812

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EXHIBIT A

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Appendix
ATTACHMENT 1

SCOPE OF WORK

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

FOUNTAIN MAINTENANCE
RFP NO.: 21- 102
Description of Work
The Contractor shall furnish all labor, vehicles, chemicals, tools, materials, equipment, transportation, and supervision, exceptasspecifiedhereinasCity furnished, to manageandperformmaintenanceandminor repairs of the fountains identified below:

Fountain Location Service Per Week
Plaza of the Fountain # 1 North of StateBuilding 3 Times Plaza of the Fountain # 2 East of Law Library 3 Times
Plaza of the Fountain # 3 South of Law Library 3 Times
Plaza of the Sun Fountain BetweenCity Hall and Main Library 3 Times Sasseer Park Fountain Corner of SantaAna Blvd. andBroadway 3 Times 2odStreet Mall Fountain Between SycamoreSt. and Broadway 3 Times ResponsibilitiesIncluded. Fountain maintenanceandrepair servicescoveredby this specification include the tasks shown in the table below:

Fountain Maintenance & Repair
where applicable work shall be performed routinely per manufacturers specifications) 1 Maintain pumps
2 Maintain pump motors
3 Maintain all plumbing i.e. piping, couplings, andfittings 4 Maintain andutilize chlorine andmetering/monitoring equipment* 5 Maintain filters
6 Maintain fountainnozzlesfree of debris. Replacewhen spraypatterndeviatesfrom intended design
7 Maintain valves
Routine Maintenance and Operation To Meet All O. C. Health Department Requirements 8 Test and adjust the chlorine and other chemicals levels in the water. 9 Test the pH level in the water
10 Add acidor sodaashasnecessaryto adjustpH level
11 Provideall supplies (e.g., chemicals, testers
12 Replacecarbondioxide gascylinders when empty andwithout interruption to systemoperation 13 Empty strainer(s) (interceptor basket), skimmers and screens 14 Shock treat when required to maintain water free of algae 15 Vacuum and clean fountain
16 Adjust water level
17 Test and replace underwater lights as outages occur.

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Periodic Maintenance Per Manufacturers Specifications
18 Backwashando eratefilters asrecommendedby themanufacturer. 19 Re lacefiltermedium, if necessaryasrecommendedbythemanufacturer.

Note: It is very important and required that the contractor be experiencedwith the automatedchemical controllers and operate the equipment to control the chemicals on a continuous basis.

Fountain Structure Routine Maintenance and Repair
20 Repairinterior fountaincracksandleakscausedby normalageandwear. Cracksandleaks causedby extraordinarycause, i.e., vandalism, earthquake, donot apply 21 Replacebrokenor missingskimmerlids anddraincoversasnecessary.

ResponsibilitiesExcluded. Fountainmaintenanceandrepairservicescoveredby thisspecificationexcludethe tasks shown in the table below.

Tasks Excluded from Fountain Maintenance and Repair
Facility Maintenance and Repair
1 Paint interior and exterior of pump/filter room
2 Maintain pump/filter room (e.g., lights, ventilation) 3 Repairbuilding electrical components
4 Replacelampsfor areaandgenerallighting
5 Repair power panels, switches, outlets, etc.

Grounds and Fencing
6 Landscape work
7 Re air fencesand aces (including locks)
8 Re air or repaint signs

1. DEFINITIONS
Clean. Free from dirt, dust, spots, streaks, stains, smudges, litter, debris, contamination, or residue or impurities, unsoiled, unstained, or recentlywashed.

Director. TheDirector of Parks, RecreationandCommunityServicesor their designatedrepresentativewith the authority to enter into, administer, or terminate contracts andto make findings anddeterminations on behalf of theCity. This is theonly individualauthorizedto changeacontractor anyof therequirementstherein.

Contractor. Theindividual, partnership, company, or corporationresponsiblefor thedutiesandresponsibilities undertheAgreement. Thetermalsocoversrequirementsfor anysubcontractor. TheContractorisultimately responsiblefor ensuringthatall subcontractorscomply with theprovision of theAgreement.

Day. A normal weekday, unless otherwise specified.

Deficiency. A shortcomingin thequalityor stateof serviceperformed.

Disinfect. Cleaningin orderto destroyanyharmfulmicroorganismsby applicationof anapprovedchemicalagent.

EmergencyWork. Any unforeseencircumstance or combination of circmnstancesthat requires immediate action.

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EnvironmentalPollution. Theconditionresultingfrom thepresenceof chemical, physical, radiologicaland/or biologicalforcesthatalterthelife bio systems, structures, andequipment, recreationalopportunity, aestheticsor naturalbeautyor the environment.

Frequencyof Service. The following arefrequenciesandtheir definitions.

Frequently Abbreviation Definition
Annual A Servicesperformedonceduring each12month period of the contract
Semi - Annual S/ A Servicesperformedtwice during each12month period of the contract at intervals of 160 to 200 calendar days
Quarterly Q Servicesperformedfour times during each12-month period of the contract at intervals of 80 to 100 calendar days.

Monthly M Servicesperformed12times duringeach12-monthperiod of the contract at intervals of 28 to 31 calendar days.

Weekly W Servicesperformed52timesduringeach12-monthcontract period at intervals of 6 to 8 calendardays.

Twice Weekly 2W Servicesperformedtwice aweek, suchasMondayand Thursdayor TuesdayandFriday
Daily D Servicesperformedeachcalendarday, Sundaythrough Saturday, including holidays unless otherwise noted.

Three times 3 W Servicesperformedthreetimesaweek, suchasMonday, Weekly Wednesday, Friday but not consecutivedays.

HazardousWaste. Any wastematerialsthataretoxic orpoisonous, corrosive, irritating, desensitizing, radioactive, biologically infectious, explosive, or flammableandhatpresentasignificanthazardtohuman healthandtheenvironment. Specialhandlingproceduresanddisposalfacilities arerequiredfor their disposal.

Minor Repairs. Repairsthat arenecessaryfor maintenanceof equipment, suchasrefacingvalveseats, and replacing washers.

Minor Parts. Repairpartshaving aper item cost of $25.00 or less.

Owner. Thepersonorpersonswhoownafacility orpartof afacility. Forpurposesofthecontract, theCityisthe owner.

PeriodicServices. Serviceswhicharerequiredlessfrequentlythanonceperbilling period. Thesenormally includeserviceswhichareperformedatafrequencyor lessthanoncepermonth, e.g., quarterlyor semi- annually.

PreventiveMaintenance. Workperformedby theContractorto inspect, repair, andkeepinproperoperating conditionall City equipmenttheContractoris responsiblefor maintaining.

RecyclableMaterials. Materialsthatnormallyhavebeenorwouldbediscardedandthatmaybereusedafter undergoingsometypeof physicalor chemicalprocessing. Recyclablematerialsdonot includepreciousmetal bearingscrapandthoseitemsthatmaybeusedagainfor theiroriginalpurposeor functionwithoutanyspecial processing.

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RoutineServices. Serviceswhicharerequiredonaregularbasiswithin eachbillingperiod. Thesenormally includeservicesperformedata frequencyor at leastoncepermonth, e.g., daily or weekly.

WorkDay. A normaldutyday, SundaythroughSaturday.

2. FREQUENCY
Frequencyof "daily" tasksshallbeperformedat thefrequenciesidentified onAttachment3-6: Fee Schedule. Contractorshallmaintainasetschedulefor providing the daily tasks.

3. PERSONNEL

3.1. ProjectForeman. UnlesstheContractoris availableasrequiredherein, theContractorshallprovidea ProjectForemanto be availableduringthenormalhoursof operationasspecifiedin paragraphC.1.6to act with full authority for the Contractor. This individual shall be responsible for the supervision, overalladministration, andcoordinationof all requiredservices. TheContractorshallprovidethe name(s) and telephone number( s) of the Project Foreman(s) within two weeks after contract award date.

The Contractorshallprovide written noticeto the Directorin advanceof anychangeof theProject Foreman. The Project Foreman shall be able to understand, speak, read, and write the English language asis necessaryfor the fulfillment of the terns of theAgreement. The ProjectForemanshall return all calls from the Director within two hours.

3.2. Alternate Project Foreman. The Contractor shall designate at least one Alternate Project Foreman to act for theProjectForemanwith thesameauthorityduringabsencesof theProjectForeman (e.g., vacation and sick leave). The Contractorshall provide the name(s) andtelephonenumber(s) of the Alternate ProjectForeman(s) within two weeksaftercontractawarddate. TheContractorshallprovidewritten notice to the Director in advanceof any changeof Alternate Project Foreman. The Alternate Project Foremanshallbeableto understand, speak, read, andwritetheEnglishlanguageasisnecessaryfor the fulfillment of the terms of the Agreement.

3.3. ContractorEmployeeSkillsRequired. TheContractor'semployeesperformingtheservicesrequiredby this Agreementshallhavespecializedtraining, prior work experience, or the demonstratedtechnical skills to fulfill the specific requirements of these Specifications and the Agreement.

3.4. Employee Physical Capabilities. There shall be no discrimination against employees on the basis of handicapor otherphysicallydisablingconditions. Contractorshallobeyall StateandFederallaws concerning the disabled.

3.5. Standardsof Conductfor ContractorPersonnel. TheContractorshallberesponsiblefor maintaining satisfactorystandardsof employeecompetencyandconductandfor takingdisciplinary actionagainst hisemployeesasnecessary. No Contractoremployeeundertheinfluenceof alcohol, drugs, or any otherincapacitatingagentshallbeallowedonthejobsite.

The removal from thejob site of a Contractor employeeshall not relieve the Contractorof the requirement to provide sufficient personnelto perform the work specified in the contract.

3.6. Uniforms. All Contractorpersonnelshallwearuniformsthat arecleanandneatandfreeof wrinkles, tears, holes, frayededges, spots, stains, bodyodor, andlogosor graphicsotherthancompany City of Santa Ana RFP 21- 102

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identificationpatches. All uniforms shouldidentify thenameof the Contractor. Uniforms shallbe clearly distinguishablefrom City employeeuniforms.

3.7. Director'sAuthority. The Director is the only personauthorizedto directchangesin anyof the requirementsunderthe Agreementand, notwithstandinganyprovisionscontainedelsewherein the Agreement, andsaidauthority remainssolely in the Director. In the eventthatthe Contractoreffects any such changesat the direction of any person other than the Director, the changeswill be considered to havebeenmadewithout authorityandsolely attherisk of theContractor. In addition, the Director shallhavetheauthorityto accept/rejectmaterials, workmanshipandtomakeminorchangesin work or schedule, not involving extracost. Whentheperformanceof the work or completionperscheduleis determinedto besub -standard, hemay (1) recommendthatall or aportionof paymentbewithheld, and/orforfeiturefordelayin assessed; and/or (2) directtheworkbeaccomplishedby eitherCityforces or separatecontractor, in orderto completethe necessarywork ascloseto scheduleaspossible, and withholdtheresultingcosts. Paymenttobewithheldshallbedeductedfromthenextmonthlypayment duethe Contractor, or if the amountis insufficientto coverpayment, the Contractorshallbeliablefor saiddeficiency andwill be billed accordingly. The Director or his authorizedrepresentativeshall decideall questions, whichmayariseasto the mannerof performanceandcompletionperschedule, acceptablefulfillment of the Agreementby the Contractor, interpretationof the specifications, and compensation, including completion of work by alternatesources.

3. 8. Subcontractors

3.8.1. Designationof Subcontractors. In accordancewith the provisions of Section4100 and subsequentsectionof theGovernmentCodeconcerningtheSublettingandSubcontractingFair PracticesAct, bids on public contracts and for all work except the construction, improvement, or repair of streetsor highways andbridges shall include a listing of all subcontractorswho will performwork or laboror renderserviceto theprimecontractor'stotalbid. Thisrequirementfor thelistingof subcontractorsalsoextendstothatportionof sheetorhighwaywork involving street lightingandtrafficsignalsasnotedin Section4100.5. Theportionof work, whichwill bedoneby eachsuchsubcontractor, must belisted andonly onesuchsubcontractorshall be listed for each portion.

8.2. Failureto SpecifySubcontractors. If thebidderfails to specifya subcontractorfor anyportionof thework to beperformed under the contractin excessof one-half of onepercentof thebidder' s total bid, heagreesto perform thatportion himself. The successfulbidder shall not, without the written consentof the city:

3. 8. 2. 1. Substitute any personor firm assubcontractor in place of the subcontractor designatedin the original bid.

8. 2. 2. Permitanysubcontractto beassignedor transferredor allow it to be performedby anyone other than the original subcontractor listed in the bid.

3. 8. 2. 3. Subcontract any portions of the work after bid is submitted if the cost thereof exceeds one-half of onepercentof the total bid anda subcontractorwasnot designatedfor the work in the original bid.

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4. HOURS OF OPERATION

4. L NormalHoursof Operation. Normaloperatinghoursshallbefrom 6:30a.m. to 6:00p.m. Sunday through Saturday.

5. CONSERVATION OF UTILITIES
TheContractorshallfamiliarizehimselfandrequirehisemployeesto becomefamiliar andcomplywith standardoperatingproceduresthatcomplywith conservationregulations. Compliancewith Energy Conservation best practice includes:

5.1. Instructingpersonnelto conserveenergybyturningoff unneededequipmentandutilities (including electricity andwater).

5.2. Usinglightsonlyin areaswherework is actuallybeingperformed.

5.3. Allowingadjustmentof mechanicalequipmentcontrolsfor heating, ventilation, andair conditioning systemsonly by authorized workers.

5.4. Turning off water faucetsor valves after required usagehasbeen accomplished.

5.5. Complying with waterbansimposedby local, state, or Federalagencies.

6. SAFETY.

All workperformedunderthiscontractshallbeperformedin amannerastoprovidemaximumsafetyto the public andwhereapplicable, complywith all safetystandardsrequiredby CAL -OSHA. TheDirector reserves the right to issue restraint or cease and desist orders to the Contractor when unsafe or harmful acts are observedor reported relative to the performance of the work under this Agreement.

6.1. SafetyOrientationfor ContractorPersonnel. TheContractorshallgiveeachnewemployeeperforming underthis Agreementasafetyorientationconcerningthehazardsandprecautionsof thejob assigned uponstartingwork. The Contractorshall institutea continualtraining programto makeemployees awareof existinghazardsandall newhazardsrelativeto workperformedunderthisAgreement.

6.2. Creationof Safetyor HealthHazard. If theContractorperformswork in amannerthatcreatesasafety or healthhazardto City or Contractorpersonnelor thegeneralpublic, theDirectormay issueanorder stoppingall or part of thework until the Contractorhastakensatisfactorycorrectiveaction. No part of the lost time dueto sucha stop in the work shall be the subjectof a claim for extensionor for excess costs or damages to the Contractor.

6.3. ProtectiveEquipment. TheContractorshallprovideits employeeswith protectionagainstsafetyand healthhazardsby furnishing themwith all theprotectiveequipmentneeded. Suchequipmentshall be approvedfor the useintendedby theNational Institute for OccupationalSafetyandHealth or the AmericanNationalStandardsInstitute (ANSI). TheContractorshallpostareasthatrequirethewearing of protectiveclothingor whereprotectiveequipmentis necessary.

6.4. Material Safety Data Sheets. The Contractor shall submit to the Director or his designated representativeMaterialSafetyDataSheetsfor all hazardousmaterialsproposedfor usein the City of Santa Ana RFP 21- 102

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performance of the contract at least oneweek prior to actualuse. In addition, he shall maintain copies on -site andavailable for review by his employeesand/or the City.

7. ENVIRONMENTAL PROTECTION
TheContractorshallcomplywith all federal, state, andlocallaws, regulations, andstandardsregardingthe Environmental Protection and Enhancement Program.

S. CONTRACTOR FURNISHED PROPERTY AND SERVICES

8.1. General. Contractorfurnishedpropertyandservicesshallbecompatiblewith existingCity systemsand equipment asnecessaryto perform the requirements of the Agreement. The Contractor shall furnish all property andservicesnot specifically identified in Section C.C.4.2

8.2. Securityof ContractorOwnedProperty. The Contractorshallberesponsiblefor thesecurityof ContractorOwned Property.

8.3. ContractorFurnishedEquipment. TheContractorshallprovideall itemsnecessaryfor theperformance of the contractincluding the following.

8.3.1. Tools. TheContractorshallprovide all tools andrepairequipmentnecessaryfor maintenance and repair as specified in the Agreement.

8.4. ContractorFurnishedSupplies. TheContractorshallfurnish all suppliesrequiredfor his performance underthe Agreement, including the following.

8.4. 1. Chemicals. The Contractor shall furnish all chemicals and supplies to maintain the water at the prescribedstandardsof purity andclarity including, but not limited to chlorine (liquid, tablets, granular, or gaseous, dependingonthetype of dispensingsystemin use), sodaash, diatomaceous earth, etc.

8.4.2. TestKits. TheContractorshallfurnishtestkitsfor thepurposeof monitoringandreporting chemicallevelsandconditionsincludingbut notlimited to chlorinelevels, pH levels, andalkalinity of the water, etc.

8.4.3. PreventiveMaintenance (PM) andMinor RepairItems. TheContractorshallprovideall PM and minorrepairitemsincluding, but notlimited to, lubricants, minorparts, fittings, gaskets, bench stock, paint, degreasers, etc. for performanceunderthecontract.

8.4.4. CleaningSupplies. The Contractorshall furnish cleaningsuppliesrequiredfor performance under the contract.

9. FAILURE TO PERFORM SATISFACTORY

9.1. City Inspection. TheDirectoror his designatedrepresentativeshallregularlyinspectfountainsall other City propertysubjecttothis Agreement. If saidinspectionresultsin discoveryof work thatis not performedin themanner, andto theprofessionaldegreesetforth in theSpecifications, Contractor agreesthattheCity shall deductfrom Contractor'snextmonthly payment, the City' s actualor estimatedcostof performingtheworkto bring thepropertyinto conformancewith thespecifications.

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Additionally, City shallimposeliquidateddamagesof upto $300.00perinspection, perfountain, per daynot meetingthespecificationsduringanysuchinspection.

9.2. Billing Adjustments. TheDirectormaymakeabilling adjustmentin monthlypaymentfor thecostto the City to remedyinsufficienciesin servicerenderedby theContractor. Billing adjustmentsfor this unsatisfactoryservicemay bepermanentretentionof 100% of the estimatedmonthly costfor work that is incomplete or deficient as stated herein.

10. HAZARDS
The Contractorshallmaintainall work sitesfreeof hazardsto personsand/or propertyresultingfrom his operations. Any hazardouscondition notedby the Contractor, which is not a result of his operations, shall beimmediatelyreasonablymitigatedthenreportedtotheParks, Recreation & CommunityServicesAgency.

11. ACCESS TO PRIVATE PROPERTY
Prior to anywork thatwill restrictaccessto privateproperty, theContractorshallnotify eachaffected property owner or responsibleperson, informing hirn of thenatureof andthe approximateduration of the restriction.

12. EMERGENCY SERVICE
Twenty-four hoursper day, sevendaysper week, the Contractorshall be able to receiveandrespondto the City' s call for emergencyservice. Responsetime shall be lessthantwo hours to removeor eliminate a public safetyhazard. Contractorshall provide the City with a local telephonenumberwhere Contractorcan becontactedtwenty-four hoursperday, sevendaysperweek.

13. VEHICLE PASSES
TheContractorandContractorpersonnelshallobtainvehiclepassesfromTheCountyof OrangeParking Administrator, Public Facilities & Resources Department.

14. 24- HOUR CONTACT INFORMATION
The Contractorshallprovidethe Directorwith a telephonenumberat which a contactpersonfor the Contractormaybe reached24 hoursa day. The contactpersonshall be requiredto respondback to the Director or his representativewithin 1 hour. The contactpersonshall havethe appropriateknowledge and/or authorityto takeappropriateactionin responseto anyemergencysituationthat mayariseinvolving thecontractor' s responsibilities hereunder.

15. DAMAGES

15.1. Responsibilityfor Work. TheContractorshallberesponsiblefor all damagestopeopleand/or property that occur as a result of the fault or negligence of said Contractor or his employees in connectionwith the performanceof this work.

15.2. PropertyDamage. Any damageto City propertythat occursshall be immediatelyreportedto the Director. Thecostofrepair, if required, will beattheContractor'sexpense. If damageoccurstoany adjacent turf, groundcover, shrubs or trees as result of the Contractor' s negligence for the cost for necessaryrepair or replacements of the same shall be at the Contractor' s expense.

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EXHIBIT B

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Service
SI
Cover Letter
ServiceFirst proposesto provide Fountain Maintenance to the City of SantaAna RFPNO. 21- 102. Thefollowing proposalwill demonstrate why The Cityof SantaAnashouldchooseServiceFirstas the preferred contractor to provide these services.

With over 35 years' experience and the majority of staff with 15+ years tenure, Service First has earned the reputation asSouthern California' s premier Commercial Fountain Service Company. Our proprietary techniquesdevelopedover the years haveallowed usto provide excellentFountainService even in the most extreme environments.

The majority of our customer base have been clients for numerous years and prove to be excellent references each time they are called upon. We pride ourselves on providing clean, clear, and safepoolsandfountainsfor the patronswhile providing balancedwater to ensurethe longevity of the pool and fountain equipment and vesselfor the owner/ operator.

Thank you for the opportunity to bid RFP21- 102 Fountain Maintenance.

Service First
2510 N Grand Ave st 110
Santa Ana Ca 92705
CA Corporation
xi
Robe ormus DATE
2510 R Grand Avenue, Suite 110 • Santa Ana, California 92705 • ( 714) 573- 2200 • FAX ( 714) 573- 2297 • License # 556812

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an
TABLEOFCONTENTSRFP21-102 Fountain Maintenance City of SantaAna

1. Firm and Team Experience............................................................. page 1

11. Listing of resources........................................................................ page 1 III. Schedule.......................................................................................... page 2 IV. Performance Outline/ Exhibit A. ... __ ...... ............... .............. ....... page 3 V. Attachment 3- 5 references............................................................ page 4 VI. Fee Proposal.. .......................................................... ................. ...... page 5 VII. List of Subcontractors ( attachment 1A).................................... page 6 VIII. BID BOND.......................................................................................... page 7-10 IX. Certification Statements
a. Attachment 3- 1: Non — Collusion Affidavit ............................ page 11 b. Notaryfor 3-1: Non -CollusionAffidavit .................................. page 12 c. Attachment 3-2: Non -Lobbying Certification ........................ page 13 d. Attachment 3- 3: Non -Discrimination Certification ............... page 14,15 e. Attachment 3- 4: Agreement Statement ............................... page 16 2510 N. Grand Avenue, Suite 110. Santa Ana, California 92705 • ( 714) 573-2200 • FAX ( 714) 573- 2297 . License # 556812

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Service
I w- s.

CITYOFSANTAANA RFP21-102 FOUNTAINMAINTENANCE
I. FIRM AND TEAM EXPERIENCE
a. ServiceFirsthasbeeninbusinessfor30years. Wehavetwenty-two (22) fully trainedandequippedservicetechnicians, four (4) fullytrainedandequipped repair technicians, andfour (4) field supervisors. In Addition, our management team includes Field Director, General Manager, Account Managers, and Customer Service Reps.
b. TheProjectManagerwill be BobWonnus, bwormusCaservice-1st.com- 714- 788- 4589 cell.

1. Project Manager- Bob Worm us

1. 29yearsexperiencein aquaticindustry (21yearswith ServiceFirst)

2. CPO Certified/ NSPF Instructor 92* 10684

3. LA Technician# T5633
ii. General Manager- Rich Rohr

1. 26yearsexperiencein aquaticindustry( 19yearswith ServiceFirst)

2. CPO Certified
iii. Repair Supervisor - AI Conde

1. 34yearsexperiencein aquaticindustry (34yearswithServiceFirst)

2. CPO Certified

3. LA' Fech Certified T1144
iv. RouteSupervisor/ AssignedTechnicianif awarded contract -Alberto Cervantes

1. 24years experience( 24 yearswith ServiceFirst)

2. CPO Certified

3. LATechCertified
It. Listing of Resources
a. ServiceFirstunderstandstheneedandchallengesofservicingtheCityofSanta AnaCivicCenterFountains. Wehaveovercomesevereconditionsandprovided excellent service under extreme conditions. If awarded the contract, Service Firstwill beassigningAlberto Cervantesasthe regulartechnician. Alberto Is currently ina supervisory role and understandsall of the challengesassociated with theSantaAnaCivicCenterFountains, HeIswellversedin Chemical Controllersandwill have eachcontroller operational and maintained. Elias Rochawillbethejanitorialtechnician. Eliashasbeenperformingthisservicefor severalyearsnowandwillbedirectlysupervisedbyAlbertoCervantes. We 2510N. GrandAvenue, Suite110aSantaAna, California92705a (714) 573-2200 • FAX (714) 573-2297mLicense #556812

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Service
utilizePortableVacuumsfor cleaningandseeattachedexhibit Afor explanation ofservices. Weutilizeallofourownequipmentprovidethisservice.

III. SCHEDULE OF WORK
a. Servicewill beperformedon allfountainsMondayWednesdayandFriday betweenthehoursof 7;OOam-5:00pmwiththefollowingschedule:

Monday: 2ndstreet Fountain, SasscerFountain, FederalFountain, State Fountain, and Plaza of the Sun.

Wednesday: 211street Fountain, SasscerFountain, FederalFountain, State Fountain, and Plaza of the Sun.

Friday: 211streetFountain, SasscerFountain, FederalFountain, StateFountain, and Plaza of the Sun.
2510N. GrandAvenue, Suite110 • SantaAlin, California927050 (714) 573-2200 • FAX (714) 573-2297 • License #556812

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Service

SPECIFICATIONS

TASKSPERFORMEDATEACHSCHEDULEDVISITPERBODYOFWATER
I. Vacuumthebottomsurfaceofeachpool.

2. Skimdebrisfromsurfaceof eachpool.

3. Cleanallwaterlinetilesasnecessary.

4. Brushsidesof eachpoolto removedirt anddebrisasneeded.

5. Removeaccumulateddebrisfromallpoolskimmersanddrains.

6. Removeaccumulateddebrisfromallpumpstrainers.

7. Backwashpoolfiltersasnecessarytomaintainproperpressuredifferential

8. Refillallchemicalfeedequipmentcontainersasnecessary.

9. Maintaina cleanandorganizedequipment room.

10. Checkandrecordthefollowinginthesuppliedcommercial
log book:
a. Free chlorine
b. pH level
c. Flow rate
d. Influent Pressure
e. Effluent Pressure
f. Pool Temperature
g. Chemicals Added
h. Services Performed

11. Checkfor safetyhazardsandconditionsinandaroundthe
pool area.
3 2510N. GrandAvenue, Suite1100SantaAna, California92705a (714) 573-2200 • PAX (7t4) 573-2297 + Licensek556812

City Council
20 –
29 10/17/2023

ATTACHMENT 3-5: REFERENCES —

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
RFP NO.: 21- 102
Listanddescribefullythecontractsperformedbyyourfirmwhichdemonstrateyourabilitytoprovidethe supplies, equipmentor servicesincludeddinthescopeoftheproposalspecifications. TheCityreservestheright tocontacteachofthereferenceslistedforadditionalinformationregardingyourfirm'squalifications.

Reference
CustomerName: C 1.._.___ Off' E%4e4S4qcontactIndividual: $' i/4/A4 '0%4%AW44, Address: ri%i1 1 wq 307` PhoneNumber:_01S1^ 5
KaVGffarefeyNumber: 15ywh
Contract. Amount: D L/ Year: _° sib ... ... -
Descriptionofsupplies, equipment, orservicesprovided:
g
4f Sp , M" o l
S-We C i) dYMLWe Wm' i0\ l bI%L-5 i.{ AntLank..- ur ib. VIA Reference
Customer Name:_ I }
oraactIndividual: P601- 4tdt11
Address:

ATL4Uf \+ LO V ._.._--
rPho,
ne Number;
j- Number: __, 98OY1\ wLi `. rllris$ a 17C
Contract Amoun Year:... t
Descriptionof'supplies, equi ",cut, orservicesprovided:

Reference
Customer Name;_ ContactIndividual: Soo— Tr` 3_._.__.

Address:.l 6s:' - IwA Phon:Number:-SlaPi"
L4 006 - rW0=e' cNumber:. \ SO - If
a
Contract Amount: ..{ - Year: e 4rg PC LAC'- A' .
q0V
Descriptionofsupplies, equipment, orservicesprovided:
p
e v? 6. a

City Council
20 –
30 10/17/2023

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City Council
20 –
31 10/17/2023

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ptc t- WbVL,
Appendix
ATTACHMENT 1A

LIST OF SUBCONTRACTORS
pot be,
eon4v4z4-
tv
ULy.,of -Santi- Ana- RFP 21-102

City Council
20 –
32 10/17/2023

AIA Document A310 - Electronic Format
Bid Bond # OCDI00066
KNOW ALI. MEN BY THESE PRESENTS, that we
Service [First Contractors Network dba Service First
2510 N. Grand Avenue, Ste. 110
Santa Ana, CA 92705
asPrincipal, hereinafter called the Principal, and
TheOhioCasualtyInsuranceCompany
175Berkeley Street
Boston, MA 02116
acorporationdulyorganizedtinderthelawsoftheStateof N.HasSurety, hercinattorcalledtheSurety, areheldandfierilybound into City of Santa Ana
20 Civic Center Plaza, Room 429
Santa Ana, CA 92702
asObligeo, hereinaftercalledtheObligee, in thesumof Notto exceedfivepercentofthebidamount****(not to exceed

5.00% ofthebidamount) forthepaymentofwhichsumwellandtrulytobemade, thesaidPrincipalandthesaidSurety, bindourselves, oarheirs, executors, administrators, successorsandassigns, jointlyandseverally, firmlybythesepresents.

WHEREAS, the Principal hassubmitted a bid for
Fountain Maintenance; REP No. 21402
NOW, THEREFORE, if theObligeeshallacceptthebidofthePrincipalandthePrincipalshallenterintoacontractwiththe Obligesinaccordancewiththetermsofsuchbid, andgivesuchbondorbondsasmaybespecifiedinthebiddingorContract DocumentswithgoodandsufficientsuretyforthefaithfulperformanceofsuchContractandforthepromptpaymentoflabor andmaterialfurnishedintheprosecutionthereof, orintheeventofthefailureofthePrincipaltoentersuchContractandgive suchbondorbonds, if thePrincipalshallpaytodieObligeethedifferencenottoexceedthepenaltyhereofbetweenthe amountspecifiedinsaidbidandsuchlargeramountforwhichtheObligeemayingoodfaithcontractwithanotherpartytoperformtheWorkcoveredbysaidbid, thenthisobligationshallbenull andvoid, otherwisetoremaininfull forceandeffect.

Signedandsealedthis28thdayof September, 2021,
THISDOCUMENTHAS IMPORTANTLEGAL. CONSEQUENCES: CONSULTATIONWITH AN ATTORNEYIS ENCOURAGEDWITH RESPECTTO ITS COMPLETIONOR MODIFICATION. AUTHENTICATIONOF THIS ELECTRONICALLYDRAFTEDALADOCUMENTMAY BE MADEBY USINGAIA DOCUMENTD401. 00400- 1

City Council
20 –
33 10/17/2023

Service First Contractors Network dba Service First
By — ...._......---- c —
By

City Council
20 –
34 10/17/2023

AnotarypublicorotherofficercompletingthiscertificateverifiesonlytheIdentityoftheIndividualwhosignedthe documenttowhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.

STATEOF CALIFORNIA
Countyof Sacramento
On Z?, l before me, E. Johnson Notary Public, Date InsertNameof Notaryexactlyasit appearson theofflcialSeal personallyappeared Sandra R. Black
ame( s) of Signer s
O St7N
e,
COMR 12370061 . M
NOtARYpUVUC aCAWORNU
SACRAMENTO COUNTY'°'
Camm. Ex . OC7.22 2C23
who provedto me on thebasis of satisfactoryevidenceto
be the person(s) whose name(s) is/are subscribed to the withinInstrumentandacknowledgedtomethathe/she/they
executedthesamein his/her/theirauthorizedcapecity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entityuponbehalfof whichthe person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of
the State of Californiathat the foregoingparagraphis trueand correct.

Witness my hand and official eaI
Signature _
PlaceNotarySealAbove signatureof Notary ublic
OPTIONAL ---.

Thoughtheinformationbelowisnotrequiredbylawitmayprovevaluabletopersonsrelyingonthedocumentandcouldpreventfraudulentremovalandreattachmentof the formtoanotherdocument.

Description of Attached Document
Title or Type of Document:

Document Date:

Signer( s) Other Than Named Above:

Capacity(ies) Claimed by Signer(s)
Signer's Name: SandraR. Black
Individual
Corporate Officer— Title( s):

Partner Limited El General
I AttorneyinFact
Trustee
L7 Guardianor Conservator
Other:

Signeris Representing:

Libgr(y Mutual insurance
CgirripaLyfrheOhioCasualtyInsurance Company
Number of Pages:

Signer' s Name:

Individual
Corporate Officer— Title( s): _
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:

Signeris Representing:

City Council
20 –
35 10/17/2023

ThisPowerofAttorneylimbtheactsofthosenamedheroin, andtheyhavenoauthorityto y
bindtheCompanyexceptinthemannerandtotheextenthereinstated.

Liberty LibertyMutualInsuranceCompany
IYS. tualm TheOhioCasualtyInsuranceCompany CordficateNo: 8202639- 396006 SURETY WestAmericanInsuranceCompany
E+ , eIU
KNOWNALLPERSONSBYTHESEPRESENTS: ThatTheOhioCasualtyinsuranceCompanyisacorporationdulyorganizedunderthehaveoftheStateofNewHampshire, that LibertyMutualInsuranceCompanyIsacorporationdutyorganizedunderthelawsoftheStateofMassachusetts, andWestAmericanInsuranceCompanyIsacorporationdulyorganized underthelawsofMeStateofIndiana(hemmcollectivelycalledthe"Oompanies°), pursuanttoandbyauthorityhereinsetfaith, doesherebyname, connateandappoint, SandraR. Bieck, SokhaK. Evans execute, seal, acknowledgeanddellver, faandribitsbehalfessuretyandasitsactanddead, anyandallundertakings, bonds, recogrizancesandothersuretyobligations, Inpursuance ofthesepresentsandshellbeasbindingupontheCompaniesas9theyhavebeendulysignedbythepresidentandarrestedbythesecretaryoftheCompaniesIntheirownproperpomons, INWITNESSWHEREOF, thisPowerofAttorneyhasbeensubscribedbyanauthorizedofficeroroHidaloftheCompaniesandthecorporatesealsoftheCompanieshavebeenaffixed Memtothls 6th dayof November—, 2019 .

WbertyMumatInsuranceCompany
0( 90PA„KYINep P 1NSUy. TheOhioCasualtyInsuranceCompanySaPoa{' p payoryryClnWest AmericanInsuranceCompany y
1919 , 1981 0//'
V6rrAMP9'$ bYs yN9At1Pa { din ` b By:

David M. Carey. Assistant Secretery
ofPENNSYLVANIA
yofMONTGOMERYas
a 6th dayof November , 2019 beforemepersonallyappearedDavidM. Carey, whoacknowledgedhimselftobetheAssistantSeostaryofLibertyMutual any,7WOhioCasualtyCompany, aindWe_dAmericanInsuranceCompany, andthathe, assuch, beingauthorizedsotodo, executetheforegoinginstrumentforthehcontainedbysigningonbehalfaftheCorporationsbyhimselfasadulyauthorizedofficer. dv INWITNESSWHEREOF, IhavehereuntosubscnbodmynameandaffixedmynotarialsealatkingofPrussia, Pennsylvania, onthedayandyearfirstabovewithorn jc 4 W4Q.'eNrR COMMDNWaALTH OF PENNSYLVAN( A
1,101001SOWQ y`
CP Teresa peslelis, NMaryPublic
p« f In MadontWp„MontgomeryCounty By: My Commbalon ErzMrnsMarch 2B, 2021 q> 4v o TeresaPastella, NotaryPublic —-
4) P
Ma ,6nr,P ryeNxAc aibnofhlo4na
ThisPowerofAttorneyismadeandexecutedpursuanttoandbyauthorityofthefollowingBy-lawsandAuthorizationofTheOhioCasualtyInsuranceCompany, LibertyMutual a c InsuranceCompany, andWestAmadcanInsuranceCompanywhichresolutionsarenowInfullforceandeffectreadingasfollows:
di ARTICLEIV—OFFICERS:Section12.PowerofAttomay.

Q AnyofcerorotherofficialofmeCorporationauthorizedforthatpurposeInwritingbytheChalnnanorthePresident, andsubjecttosuchlimitationasSheChairmanorme Presidentmayprescribe, shallappointsuchanomeWn-fachasmaybenecessarytoactInbehalfoftheCorporationtomake, execute, seal, acknowledgeanddelverassuretyr anyandallundeNektngs, bonds, recognbrancesandothersuretyobligations. Suchaaomeys4n-fact, subjecttotheiimltaffonssetformIntheirrespectivepowersofattorney, shall c havefullpowertobindtheCorporationbytheirsignatureandexecutionofanysuchInstrumentsandtoattachtheretothesealoftheCorporation. Whensoexecuted, such Z 3 instrumentsshagbeasbindingasIfsignedbythePresidentandallestedtobythesecretary. Anypowerorauthoritygrantedtoanyrepresentativeororomey,10aotunderthe pmvistonsofthisadldemayberevokedatanytimebytheBoard, theChairman, thePresidentorbytheofficerorofficersgrantingsuchpoweroraumody.

ARTICLEAJI —ExecutionofContracts: Section6. SuretyBondsandUndertakings, AnyofficerofmeCompanyauthorizedforthatpurposeInwritingbythechairmanorthepresident, andsubjecttosuchlimitationsasthechairmanorthepresidentmayprescribe, shallappointsuchotmmeys-In-fact, asmaybenecessarytoOctinbehalfoftheCompanytomake, execute, seat, acknowledgeanddeliverassuretyanyandallundertakings, bolds, recognizanrasandothersuretyobggefons. Suchahofneystmtautsubjecttothelimitationssetforthintheirrespectivepowersofattorney, shallhavefullpowertobindthe CompanybytheirsignatureandexecutionofanysuchInstrumentsandtoattachtheretothesealoftheCompany. WhensoexecutedsuchInstrumentsshallbeasbindingasIf signedbythepresidentandattestedbythesecretary.

CertificateofDesignation —ThepresidentoftheCompany, actingpursuanttotheBylawsoftheCompany, aumoflzesDavidM. Carey, AssistantSecretarytoappointsuchaltomeys­ln- factasmaybenecessarytoactonbehalfoftheCompanytomake, exeaula, seal, acknowledgeanddeliverassuretyanyandallundertakings, bonds, racogn¢ancesandothersuretyobligations.

Authorization —ByunanimousconsentoftheCompanysBoardofDirectors, theCompanycopsetothatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company, whereverappearinguponacaffledCopyofanypowerofattorneyissuedbytheCompanyInconnectionwithsuretybonds, shagbevalidandbindingupontheCompanywiththesomeforceandeffectasthoughmanuallyaffixed.

I, ReneeC. Llewellyn, theundersigned, AssistantSecretary, TheOhioCasualtyInsuranceCompany, LibertyMutualInsuranceCompany, andWestAmericanInsuranceCompanydoherebycefily.therthoodglnalpowerofafforeeyofwhichOreforegoingIsafull, true -andcoraatcopyofthePowerofAttorneyexecutedbysaidCompanies, isinfullforceandefforihasnotbeanrevoked. g INTESTIMONYWHEREOF,Ihavehereuntosetmyhandandai6xedthesealsofsaldCompaniesthis `1 days7- y INSV, rp YaYYINgUd INS(ry P paAeA,yo . _L 1812
1919
1991n Y' s Mal*
peGayay eneaC.

Llewally
AssistantSecretary _.. LMe- 12879LMI0OCIC
WAICWe C0_ 062010

City Council
20 –
36 10/17/2023

APPENDIX
ATTACHMENTATTACHMENT3-1: NON - COLLUSION AFFIDAVIT

CERTIFICATIONS

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR

FOUNTAIN NIAINTF, NANCE
RFP NO.: 21- 102
NON-COLLt1SIQNAF IDAVI' 1'
title 23 United States Codc Section 112 and
Public Contract Code Section 7106)
TotheCITYOFSANTAANAPARRS, RECREATIONAND COMMUNITYSERVICESAGENCY InaccordancewithTitle23UnitedStatesCodeSection112and. PublicContractCode7106theBIDDFRdeclaresthatthebid isnotmadeintheinterestof, oronbehalf' of, anyundisclosedperson, partnership, company, association, organization, or corporation; thatthebidisgenuineandnotcollusiveorsham; thattheBIDDERhasnotdirectlyorindirectlyinducedorsolicited anyotherBiDDFRtoputinafalseorshambid, andhasnotdirectlyorindirectlycolluded, conspired, connivedoragreedwith anyBIDDERoranyoneelsetoputinashambid, orthatanyoneshallrefrainfrombidding; thattheBIDDERhasnotinany manner, directlyorindirectly, soughtbyagreement, communication, orconferencewithanyonetofix thebidpriceofthe BIDDERoranyBIDDER, ortofixanyoverhead, profit, orcostelementorthebidprice, orofthatofanyotherBIDDER, orto secureanyadvantageagainstthepublicbodyawardingthecontractof anyoneinterestedin theproposedcontract; thatall statementscontainedinthebidaretrue; and, further, thattheBIDDERhasnot, directlyorindirectly, submittedhisorherbid priceoranybreakdownthereof, orthecontentsthereof, ordivulgedinformationordatarelativethereto, orpaid, andwillnot pay, anyfeetoanycorporation, partnership, companyassociation, organization, biddepository, ortoanymemberoragentthereofto effectuatea collusive od* adbid.

Note: The above Non- e sionAffidavitispartortheProposal. SigningthisProposalonthesignatureportionthereof shallalsoconstitutesi lureofthisNon -collusionAffidavit. BIDDERSarecautionedthatmakingafalsecertificationmay subjectthe cent • to criminalprosecution.

Signed
This form must be signedabove This form must alsobenotarized for Public Works contract,& State of California
Countyof_) A__._
dr+ * I-' r4V 're %%
Subscribedandswornto (or affirmed) beforemeonthis ` dayof , 20_, by _ proved tomeonthebasisofsatisfactoryevidencetobetheperson(s) whoappearedbeforeme.

NotaryPublicSignature Notary Public Seat
rr
Gity-of-Santa-Ane RFR21- 102

City Council
20 –
37 10/17/2023

CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
Anotarypublicorotheroff [carcompletingthiscertificateverifiesonlytheidentityoftheindividualwhosignedthedocument towhichthiscertificateisattached, andnotthetruthfulness, accuracy, orvalidityofthatdocument.

State of California
j /
Counttyr of
On -&PV :V,L'Its&— 202t beforeme, _hC1 Date
J
Here Insert Name and Title of the Officer
personally appeared / C ®!? t[ JA2 /F-MUsName( s) of Signer( s) who proved to me onthe basisof satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorizedcapacity(les), andthatby his/her/their signature(s) onthe instrumentthe person(s), or the entity upon behalfof whichthe person(s) acted, executedthe Instrument.

KATRINAER (E{ PNotarypu4III( iforniat
OrangeCounty k
Commission'# 2296618
MYComm. ExpiresJul 12, 20z3U".

Place Notary Seol and/or StampAbove
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph Is true and correct.

WITNES4SIgniRtylSignatUrPub/ lc
Yv 11 V 11H6
Completing this Information con deter alteration of the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Title or Type of Document:

Document Date: Number ofPages:

Signer( s) Other Than Named Above:

Capacity(les) Claimed by Signer(s)
Signer' s Name:

Corporate Officer - Title( s): _
Partner- Limited General
Individual o Attorney In Fact
Trustee Guardian or Conservator
Other:

Signer is Representing:

O2018National Notary Association
Signer' s Name:

CI Corporate Officer - Title( s): _—_ _
11 Partner- Limited General
Individual O Attorney in Fact
Trustee Guardian or Conservator
O Other:

Signer is Representing: _
12,

City Council
20 –
38 10/17/2023

APi NDIX
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION

CERTIFICATIONS

CITY OF SANTA ANA

REQUEST FOR PROPOSALS
FOR
F"OUNTAIN MAINTENANCE.

RFP NO.: 21- 102
Theprospectiveparticipantcertifies, bysigningandsubmittingthisbidorproposal, tothebestofhisorherknowledgeandbelief, that! I. Nofederalappropriatedfundshavebeenpaidorwillbepaid, byoronbehalfoftheundersigned, toany personforinfluencingorattemptingtoinfluenceanofficeroremployeeofanyfederalagency, aMemberofx Congress, anofficer or employeeof Congress, oranemployeeof aMemberof Congressin connectionwith theawardingofanyfederalcontract, the makingof anyfederalgrant, the makingof anyfederalloan, the Mitering into of anycooperativeagreement, and the extension, continuation, renewal, amendment, or modification of anyfederalcontract, grant, loan, or cooperativeagreement. 2.

If anyfundsotherthanfederalappropriatedfunds havebeenpaidor willbe paidto anypersonfor influencing or attemptingto influenceany officeror employeeof anyfederalagency, a Memberof Congress, qu officeror employeeof Congress, or anemployeeof it Memberof Congressin connectionwith this federalcontract, grant loan, loan or cooperativeagreement, the undersignedshall completeand submita " Disclosureof lobbyingActivities". This
certificationis a materialrepresentationof factuponwhichreliancewas placedwhenthis transactionwas madeor entered into. Submissionof thiscertificationis a prerequisitefor makingor enteringinto thistransactionimposedby Section1352, Title31, U. S. Code. Any personwho failsto filetherequiredcertificationshall be subjectto a civilpenaltyof notlessthan $10, 000and not morethan $100, 000 for eachsuch failure. The prospectiveparticipantalso agreesby submittinghis or herbidor proposalthat Ile orsheshallrequirethat thelanguageof this certificationbe includedin alllowertier subcontracts, which exceed $100, 000andthatall suchsubrecipientsshall certifyanddiscloseaccordingly. Firm Signed
and PrintedName: /& Uj0, j yV%.C. Title
Date
Page
30 City Council
20 –
39 10/17/2023

APPENDIX
ATTACHMENT 3-3: NON- DISCRIMINATION CERTIFICATION

CERTIFICATIONS ICITY ON SANTA ANA

REQUEST FOR PROPOSALS
FOR

FOUNTAIN MAINTENANCE
RFP NO.: 21- 1.02
Theundersignedconsultantor corporateofficer, duringtheperformanceof thiscontract, certifiesasfollows:

1. TheConsultantshallnotdiscriminateagainstanyemployeeor applicantfor employmentbecauseof race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensurethat applicants areemployed, andthatemployeesaretreatedduringernploymentwithout, regardto theirrace, color, religion, sex, or nationalorigin. Suchactionshallinclude, but not belimited to, the following: employment, upgrading, demotion, ortransfer; recruitmentorrecruitmentadvertising; layoffortermination; ratesofpayorotherforms of compensation; andselectionfor training, includingapprenticeship. TheConsultantagreesto postin conspicuousplaces, availabletoemployeesandapplicantsforemployment, noticestobeprovidedsetting forth theprovisions of this nondiscriminationclause.

2. TheConsultantshall, in all solicitationsor advertisementsfor employeesplacedby or on behalfof the Consultant, statethatallqualifiedapplicantswill receiveconsiderationforemploymentwithoutregardtorace, color, religion, sex, or national origin.

3. TheConsultantshallsendtoeachlaborunionorrepresentativeof workerswithwhichhe/shehasacollective bargainingagreementorothercontractorunderstanding, anoticetobeprovidedadvisingthesaidlaborunionor workers' representativesof theConsultant'scommitmentsunderthissection, andshallpostcopiesof the noticein conspicuousplacesavailabletoemployeesandapplicantsfor employment.

4. TheConsultantshallcomplywithallprovisionsofExecutiveOrder11246ofSeptember24, 1965, andofthe rules, regulations, andrelevantordersof the Secretaryof Labor. 5, TheConsultantshallfurnishallinformationandreportsrequiredbyExecutiveOrder11246of September24, 1965, andbyrules, regulations, andordersof theSecretaryofLabor, orpursuantthereto, andwill permit accessto his/herbooks, records, andaccountsby theadministeringagencyandtheSecretaryof Laborfor purposesofinvestigation, toascertaincompliancewithsuchriles, regulations, andorders.

6. In theeventof theConsultant's non-compliancewith thenondiscriminationclausesof this contractor with anyofthesaidrules, regulations, ororders, thecontractmaybecanceled, terminated, orsuspendedinwhole orinpartandtheConsultantmaybedeclaredineligibleforfurtherGovernmentcontractsorfederallyassisted constructioncontractsinaccordancewithproceduresauthorizedin ExecutionOrder11246ofSeptember24, 1965, andsuchothersanctionsmaybeimposedandremediesinvokedasprovidedinExecutiveOrder1.1246 ofSeptember24, 1965, orbyrule, regulations, ororderof theSecretaryofLabor, orit,,; otherwiseprovided by law.

7. TheConsultantshallincludetheportionof the sentenceimmediatelyprecedingparagraph (1) andthe City of Santa -Ana RFP 21-102 _