Agenda packet — Santa Ana City Council, November 7, 2023 (part 4 of 8)

Task 1: Preliminary Research

Prior to any meetings, RCS will perform a field "windshield" survey to become acquainted with the physical characteristics and general improvement needs and standards of the City. We will request and review all City maps, land -use documents, and available master plans, especially the Comprehensive General Plan, before the kick-off meeting. We will review the City's history of impact fee schedules, resolutions, ordinances, and Annual and Five- Year Reports per Government Code Sections 66006 and 66001. RCS wil l review recent Operating Budgets, CIP Budgets, Comprehensive Annual Financial Reports, and fixed asset reports.

RCS will meet and discuss the City’s planning, capital financing process , and community development standards with the City Engineer, City Planner, and other executive staff to determine the improvements that most likely will evolve from the project planning documents and be needed to support and give validity to the City's Comprehensive General Plan.

Task 2: Series of Working Meetings

RCS will meet with City staff responsible for each infrastructure to help identify all projects needed through theoretical build -out via the use of master plans, specific plans, and other service requirement studies. The more supporting documents we can find, th e better the Study will be. The greatest support would be an engineer - prepared Master Plan. RCS will endeavor to increase the validity of available information if such a document is unavailable. RCS will request from the City all reports, master plans, specific plans , and other related reports identifying needed infrastructure. If needed, RCS can assist the City with developing project lists and supporting data. RCS will review project cost estimates and textual explanations f or accuracy and completeness.

RCS will identify and analyze the demand drivers specific to each infrastructure or service area. The drivers are the factors of nexus demand related to each land use and would be based on the project plans or City productivity records. These demand drivers will help determine the distribution of the benefits of nexus for, and impact of each group of projects on each of the above categories of land use. The proportional analysis is necessary to identify what burdens would be placed upon the existing and future infrastructure would be undertaken.

Task 3: Draft Development Impact Fee Calculation and Nexus Report

Since the Report is based on information and estimates provided by City staff, it is important that all participants are comfortable with the methodology and data

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presented. RCS will prepare a draft report consisting of the fee structures and the necessary relevant nexus text and report with recommended fees. This meeting will include discussions on policy issues, imp lementation strategies , and revenue collection procedures. RCS will provide the draft report for staff consideration and distribution.

Task 4: Presentation of Proposed Development Impact Fee Calculation and Nexus Report to the City Council

RCS will a ttend the City Council meeting to discuss the report methodology and present findings, provide a formal presentation, and answer questions about those findings. RCS will have the necessary supporting documentation for the meeting and will be the primary contact to answer all questions, following up with any City Council direction with the assistance of City staff.

CLIENT INPUT

RCS will make every effort to advise, seek input from and, in general, explain the work as it is being performed. We depend on dedicated and engaged staff participation for a project to be completed successfully. Most of the staff participation is to attend working meetings with RCS.

The City should also designate a Project Coordinator for the fee study who will:
1) Identify key City staff and coordinate the kick-off meeting(s) 2) Assist in obtaining the requested information
3) Coordinate the review of draft reports, and
4) Provide project direction if needed

ONSITE MEETINGS AND VIDEO CONFERENCING MEETINGS

For the project kick-off and working meetings on the same day, the City may choose to have RCS onsite or conduct the meetings through a video conferencing account.

All working meetings will be through our Zoom account or a video conferencing software of the City’s choice. Our experience has determined that video conferencing is more flexible in scheduling meetings, lets City staff quickly access reports and files on their computers, and allows everyone to view and discuss the same documents at the same time.

RCS plans to participate in the City Council meetings onsite at the City of Santa Ana.

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PROJECT SCHEDULE

RCS’ references will attest that our timelines are ideal for impact fee studies. This schedule, of course, will require the cooperative participation of City staff. We will be having meetings with staff every two to three weeks and provide them with updates. Department meetings will be 30 minutes to two hours each.

RCS will comply with local, county, and state protocols for safely conducting meetings as the COVID-19 pandemic evolves.

Development Impact Fee Study Nov
2023
Dec
2023
Jan
2024
Feb
2024
Mar
2024
Apr
2024
Land-use Database Compilation
Determine Infrastructure LOS
Discuss Desired Projects w. Staff
Review Project Costs & Descriptions
Review Demand Drivers (Nexus)
Apply Nexus Distribution Factors
Review Draft DIF Report with Staff
Prepare Final DIF Report
Present DIF Study to Council

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REFERENCES

REFERENCES – DEVELOPMENT IMPACT FEE STUDY

We have recently completed similar Development Impact Fee Calculation and Nexus Report projects for the following jurisdictions. We encourage you to contact any RCS client regarding our understanding of the nature of municipalities and working relationship with city staff. Copies of recent impact fee reports can be provided upon your request.

Jurisdiction Reference Contact

City of Loma Linda
(909) 799-2800
Jarb Thaipejr, City Manager
Lorena Matarrita, Community Development, Senior Planner Completed an update to a prior RCS-conducted DIF Report and Master Facilities Plan. RCS’ Nexus Report update will raise approximately $333 million in Development Impact Fees for the City.

City of El Segundo
(909) 334-3414 Nick Liguori, Director of Finance
Completed the City’s DIF Calculation and Nexus Report in 2022. RCS’ Nexus Report will raise approximately $300 million in Development Impact Fees for the City.

City of Farmersville
(559) 747-0458 Steve Huntley, Director of Finance & Administration RCS was selected in September 2020 to update the City’s Cost Allocation Plan, User Fees, and Impact Fees.

City of Ontario
(909) 395-2000 Derrick Womble, Administrative Officer
Ontario is also a long-term RCS client, with RCS conducting its first full-infrastructure DIF Nexus Report and two major updates. The City DIF Calculation and Nexus Report supports the doubling of the size and population of the City within the Ontario Ranch Specific Plan area boosting the City’s housing by 59,000 dwelling units (150% increase) and its business square feet by 100,000,000 (71% increase).

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CLIENTS SERVED

USER FEE STUDY/COST

ALLOCATION PLAN

Carpentaria-Summerland Fire
District
Chino Valley Independent Fire
District
City of Alhambra
City of Antioch
City of Arcadia
City of Atascadero
City of Azusa
City of Banning
City of Barstow
City of Bend, OR
City of Beverly Hills
City of Big Bear Lake
City of Brea
City of Buena Park
City of Carlsbad
City of Carmel-by-the-Sea
City of Carpentaria
City of Carson
City of Ceres
City of Chino
City of Claremont
City of Coachella
City of Concord
City of Corona
City of Cotati
City of Cudahy
City of Desert Hot Springs
City of Diamond Bar
City of Dinuba
City of Dublin, Ohio
City of El Cajon
City of El Segundo
City of Elk Grove
City of Eureka
City of Folsom
City of Fontana
City of Foster City
City of Fountain Valley
City of Fullerton
City of Glendale
City of Glendora
City of Goodyear, Arizona
City of Hemet
City of Hermosa Beach
City of Hesperia
City of Highland
City of Huntington Beach
City of Kennewick, WA
City of La Canada-Flintridge
City of La Habra Heights
City of La Mirada

USER FEE STUDY/COST
ALLOCATION PLAN (continued)

City of La Palma
City of La Puente
City of Lake Elsinore
City of Lake Forest
City of Lakewood
City of Lancaster
City of Lathrop
City of Lawndale
City of Lemoore
City of Lincoln
City of Lindsay
City of Loma Linda
City of Long Beach
City of Los Altos
City of Lynwood
City of Mammoth Lakes
City of Manhattan Beach
City of Marina
City of Menifee
City of Merced
City of Milpitas
City of Monrovia
City of Monterey
City of Moreno Valley
City of Morgan Hill
City of Morro Bay
City of Needles
City of Norwalk
City of Oakdale
City of Oceanside
City of Ontario
City of Oroville
City of Oxnard
City of Palm Desert
City of Palm Springs
City of Palmdale
City of Pasadena
City of Peoria, AZ
City of Pico Rivera
City of Pismo Beach
City of Pittsburg
City of Pomona
City of Port Hueneme
City of Porterville
City of Rancho Cucamonga
City of Rancho Palos Verdes
City of Red Bluff
City of Redlands
City of Rialto
City of Richmond
City of Ridgecrest
City of Riverside

USER FEE STUDY/COST
ALLOCATION PLAN (continued)

City of Rocklin
City of Salinas
City of San Clemente
City of San Gabriel
City of San Juan Capistrano
City of San Marino
City of San Rafael
City of Sanger
City of Santa Clarita
City of Santa Monica
City of Santa Paula
City of Scotts Valley
City of Seal Beach
City of Seaside
City of Selma
City of Shafter
City of Sierra Madre
City of Simi Valley
City of Solana Beach
City of South Gate
City of South Lake Tahoe
City of South Pasadena
City of Springville, UT
City of Stockton
City of Suisun City
City of Taft
City of Thousand Oaks
City of Tracy
City of Tulare
City of Turlock
City of Upland
City of Villa Park
City of Vista
City of West Covina
City of West Jordan, UT
City of Westminster
City of Yuba City
City or Rancho Mirage
Coachella Valley Assoc of Gov’t
Contra Costa County
County of Cobb, GA
County of Contra Costa
County of San Bernardino
County of Tulare
Imperial County
Oceanside Harbor District
Orange County Fire Authority
Orange County Vector Control
District
Placer County Water Agency
Riverside County Transport.

Comm.

San Bernardino Assoc. Gov’t

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USER FEE STUDY/COST
ALLOCATION PLAN (continued)

South Jordan City, UT
Town of Apple Valley
Town of Los Gatos
Town of Mammoth Lakes
Town of Truckee
Ventura County Fire District

IMPACT FEE STUDY

Antelope Valley Fire District
Apple Valley Fire District
Barstow Fire District
Bridgeport Fire District
Brigham City Corporation, UT
Carpentaria-Summerland Fire
District
Chalfant Public Services (Fire)
Protection District
City of Alhambra
City of Anaheim
City of Atascadero
City of Baldwin Park
City of Barstow
City of Big Bear Lake
City of Calimesa
City of Chino
City of Coachella
City of Colton
City of Corona
City of Desert Hot Springs
City of Folsom
City of Gilroy
City of Glendale
City of Gonzales
City of Grand Terrace
City of Greenfield
City of Hemet
City of Highland
City of Huntington Beach
City of Jurupa Valley
City of King City
City of Laguna Hills
City of Lemoore
City of Loma Linda
City of Menifee
City of Monterey Park
City of Morgan Hill
City of Murrieta
City of Needles
City of Newport Beach
City of North Ogden, UT
City of Oceanside
City of Ontario
City of Orange
City of Oroville
City of Paso Robles
City of Petaluma
City of Pismo Beach
IMPACT FEE STUDY (continued)

City of Rancho Cordova
City of Reedley
City of Rialto
City of Riverside
City of San Bernardino
City of Santa Paula
City of Scotts Valley
City of Sedona, AZ
City of Selma
City of Sierra Madre
City of Thousand Oaks
City of Tracy
City of Tulare
City of Wheatland
City of Whittier
County of Monterey Sheriff’s
Department
County of San Bernardino
Feather River Recreation and
Park District
June Lake Fire District
Lake Havasu City, AZ
Long Valley Fire District
North Central Fire District
SANBAG
South Jordan City, UT
South Ogden City, UT
Town of Apple Valley
Town of Mammoth Lakes
Town of Paradise
Town of Truckee
Washington Terrace City, UT
West Jordan City, UT
Wheeler Crest Fire District

ACCOUNTING PROCEDURES

City of Buena Park
City of Compton
City of La Habra
City of La Palma
City of Morgan Hill
City of Palmdale
Commerce Redevelopment City
South Gate Housing Authority

ASSISTANCE TO CITY
ATTORNEYS (confidential)

Cohen and Berliner – Litigation
Assistance
Rutan and Tucker – Litigation
Assistance
San Diego City – Building & Safety
Fee Litigation Assistance
San Diego County Counsel – DIF
Use Litigation Assistance

CASH MANAGEMENT

City of Buena Park
City of Commerce
City of Compton
City of Palmdale
La Mirada Civic Theater

DATA PROCESSING

City of La Palma
City of Palmdale
City of San Clemente
City of South Gate
City of Villa Park
Ontario-Montclair School District

LONG RANGE FINANCIAL PLAN

City of Chino
City of Cudahy
City of Hesperia
City of Lake Elsinore
City of South Gate
City of Turlock

MASTER FACILITIES
PLANS/CIPs

Apple Valley Fire District
Barstow Fire District
Bridgeport Fire District
Brigham City Corporation, UT
Carpentaria-Summerland Fire
District
Chalfant Public Services (Fire)
Protection District
City of Anaheim
City of Atascadero
City of Barstow
City of Big Bear Lake
City of Calimesa
City of Carpentaria
City of Chino
City of Corona
City of Desert Hot Springs
City of Folsom
City of Gonzales
City of Grand Terrace
City of Greenfield
City of Highland
City of Huntington Beach
City of Jurupa valley
City of King City
City of Lancaster
City of Loma Linda
City of Menifee
City of Murrieta
City of Needles
City of Newport Beach
City of Norco

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MASTER FACILITIES
PLANS/CIPs (continued)

City of Ontario
City of Orange
City of Oroville
City of Paso Robles
City of Rancho Cordova
City of Riverside
City of San Bernardino
City of Santa Paula
City of Sedona, AZ
City of Selma
City of Tracy
City of Wheatland
City of Whittier
June Lake Fire District
Lake Havasu City, AZ
Long Valley Fire District
North Central Fire District
North Ogden City, UT
South Jordan City, UT
South Ogden City, UT
Town of Apple Valley
Town of Mammoth Lakes
Town of Paradise
Town of Truckee
Wheeler Crest Fire District

ORGANIZATIONAL AND

MANAGEMENT

City of La Mirada
City of South Gate
City of Vista
Ontario-Montclair School District

UTILITY RATE STUDY

City of Brea
City of Chino
City of El Segundo

MISCELLANEOUS PROJECTS

Brigham City Corporation, UT –
Closed Indian School Use
Conversion
City of Azusa – Plan
Check/Inspection Process
Review
City of Beverly Hills – Rent
Stabilization Fee
City of Colton – Electric Utilities
Collection Procedural Manual
City of Corona – Communications
Repeater Cost Financing
City of Corona – Interstate 15
Area Public Safety Facility
Financing
City of Fontana – General &
Departmental Overhead Plan
City of Garden Grove - Internal
Service Fund Balance Study
City of Hemet – Supplemental DIF,
Public Peril Report
City of Los Altos – Existing DIF
Review
City of Milpitas – Business License
Ordinance Review
City of Needles – Development
Agreement Assistance
City of Pico Rivera – Business
License Ordinance Review
City of Port Hueneme – Revenue
Search Report
City of Redlands – Street
Sweeping Rate Study
City of San Bernardino –
Verdemont Area Financing
Analysis

MISCELLANEOUS PROJECTS
(continued)

City of San Clemente – Business
License Review
City of Santa Paula – General Plan
Element
City of Seaside – Hayes Housing
Development Service Demands
City of South Lake Tahoe –
Transfer of Custody Cost
Verification
City of Westminster –
Productivity Measurement
Module
Lake Havasu City, AZ – Capital
Financing Plan
Los Angeles Fire/Police
Retirement System – Fiscal
Review
San Bernardino County – Special
District Office Finance Review
South Jordan City, UT – Business
Regulation Costing
Town of Windsor – Long Range
Capital Financing Plan

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PROPOSED BUDGET

Revenue & Cost Specialists proposes the following project costs, which will NOT TO EXCEED AMOUNT OF $115,150.

Development Impact Fee
Preliminary Research 7 8 13,650
Identify Land-Use Build Out Land Use Database 100 17,500 Identify Current/Future Needs Schedule of Capital Costs 150 26,250 Mathematical Nexus Calculation Spreadsheets of Calculations 175 30,625 Textual Nexus Draft & Final DIF Reports 130 22,750
Public Meetings Presentations (2) 25 4,375
TOTAL PROJECT COST 658 $115,150

The above costs are based on a charge of $175 per hour. The billing rate for any additional work not covered by this proposal would be $ 200 per hour. Our proposal covers all costs except for the following additional costs that the City may incur:

• Report reproduction beyond one physical master copy of the final Report. • Excessive public meeting attendance.
• Excessive revisions to the report once the draft report has been approved by City staff.

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EXHIBIT 2

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––
Proposal for the City of Santa Ana
Development Impact Fee Study
1519 E Chapman Ave
Suite C
Fullerton, CA 92831
(714) 992-9020
www.revenuecost.com
EXHIBIT 1

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TABLE OF CONTENTS September 25, 2023

Table of Contents ......................................................................................................................................................... 2

Transmittal Letter ...................................................................................................................................................... 3

Organization Qualifications ................................................................................................................................. 5

Project Manager .......................................................................................................................................................... 7

Scope of Work ............................................................................................................................................................. 11

Project Schedule ....................................................................................................................................................... 14

References .................................................................................................................................................................... 15

Proposed Budget ...................................................................................................................................................... 19

–

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September 25, 2023

City of Santa Ana
Attn: Ehab Elias, Associate Engineer
20 Civic Center Plaza, M-93
Santa Ana, CA 92701

Proposal for City of Santa Ana – Development Impact Fee Study

Revenue & Cost Specialists, LLC (RCS) appreciates the opportunity to provide you with this Development Impact Fee Study proposal . RCS has provided such studies and other fee- costing services since 1980, making us the first and foremost authority in costing services for California. O ur combined 100 years of experience and knowledge in this industry will ensure a successful project that’s on time and under budget.

Our impact fee study process is straightforward, imposes minimal impact on staff, and provides proper information, allowing staff, City Council, and other stakeholders to make the best policy decisions for Santa Ana. We strive to ensure confidence in the information and recommendations of the final Report.

The results of our study will allow the City to identify and recover, with certainty, the maximum financial impact from future development. The terms of this prop osal will be honored for 90 calendar days from the date of submission. Please contact Scott at (714) 992- 9026 or [email protected]
with any questions.

Sincerely,

GREGORY BROWN SCOTT THORPE
Vice President Principal

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RCS Contacts
Revenue & Cost Specialists
1519 E Chapman Ave, Ste C
Fullerton, CA 92831
www.revenuecost.com

Scott Thorpe
Principal
714-992-9026
[email protected]

Gregory Brown
Vice President
714-992-9022
[email protected]

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ORGANIZATION QUALIFICATIONS

ABOUT RCS

RCS (Taxpayer ID No. 330787781) was founded in 1980 by
two former City Managers and a Finance Director who, after the passage of Propositions 13 and 4, discovered that user fees were a legal option to recover lost municipal revenues.

Forty-two years later, Revenue & Cost Specialists continues its focus on cost allocation and user fee calculation services.

After the passage of AB 1600 in 1988, our company added impact fee calculation services to help municipalities finance public facility expansion.

In 2000, RCS created Government Software Systems to develop robust costing software tha t serves fee calculation needs better than spreadsheets. Our company has provided additional services to municipalities, including long-range financial planning, accounting procedures, and utility rate studies.

To this day, RCS continues to thrive through repeat business, referrals, and references. As a small business, RCS takes only a handful of new clients each year, allowing us to dedicate the appropriate number of resources to them. What’s unique about RCS is the work longevity of our team members. Client cities from 20 years ago still call and speak with the RCS Partner about their project back then.

For 2023, RCS is celebrating our 43
rd year in business and looking forward to another 40-
plus years of partnering with municipalities.

QUALIFICATIONS

RCS’s five principals comprise the Limited Liability Company. RCS principals have over 100 years of combined experience in cost allocation plans and fee studies and served over 250 municipalities. We have provided these services to a wide array of public agencies, from the smallest special district to larger and more complex cities and counties. While based in Orange County, we engage in projects throughout the State of California.

RCS principals are municipal cost and revenue consultants specializing in the following:
• User Fee Studies
• Cost Allocation Plans
• Development Impact Fee Studies
• Special studies and reports supporting municipal financing management

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These specializations allow RCS to focus on every aspect of municipal fees and be the best at what we do. We are confident in our project time estimates and do not respond to RFPs when the project workload exceeds our capacity. We have suggested new fees that are not common practice throughout the state and have challenged and removed municipal fees that were not defensible. We have assisted municipalities in streamlining their fee-based processes.

All RCS principals are knowledgeable in fund accounting, department structures , and municipal services. We stay current on pending financial and legal issues that challenge municipalities. All principals are comfortable speaking with city staff at all levels, drafting reports and resolutions, and presenting to the public, stakeholders , and City Council members.

RCS principals perform all studies in a professional and expedient manner and do not rely on junior staff to perform these vital tasks with our clients. We also don’t rely on status memos because we will often be at City Hall to tell you how the project is going in person.

Rick Kermer, a Partner, was one of the founders of RCS. Rick used his CPA and audit experience to build cost allocation, user fee spreadsheets, and software that passes rigorous analysis and reporting accounting standards. Rick’s work is the foundation of all the fee study work offered today. He is now semi-retired, taking only a handful of projects each year.

Eric Johnson, the President, has streamlined and perfected the process of CAP and User Fee Study engagements. With over 30 years and hundreds of completed studies, Eric has created a superior process that demands little city staff time while obtaining maximum results. Eric quickly understands complex city services and how to calculate fees for them. He relates well with elected officials because he responds with candor and brevity. If you speak to any of Eric’s prior or current clients, they will tell you how easy the process was.

Scott Thorpe, a Principal, joined RCS in 1985. Before that, he spent 13 years in the cities of Chula Vista, Covina, Anaheim , and Brea, serving in various roles within the city manager’s offices. Scott performed user fee studies for several years, transitioning to development impact fees when AB 1600 was enacted. He has written articles laying out the fundamentals of impact fees, and his work has generated tens of millions in fee revenues for cities.

Chu Thai, Vice President, joined RCS after 22 years of municipal experience. As a budget manager and finance director, Chu has successfully coordinated user fee increases, impact fee increases, utility rate increases , and tax ballot measures. His experience helps clients avoid the unseen perils that jeopardize municipal projects. After project completion, Chu leaves behind well -documented reports and spreadsheets for City staff. His career has focused on improving cities’ financial stability and implementing operational effectiveness and efficiencies in local government.

Gregory Brown, a Vice President, is the newest team member of RCS . However, he has already performed development impact fee studies for a dozen different cities and districts.

Gregory spent 20 years working in small business before joining the RCS team. He was

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trained by Scott Thorpe in development impact fee and applies the same methodology Scott Thorpe developed over 35 years while also incorporating his experience in managing small businesses with a focus on efficiency.

RCS PROJECT MANAGER FOR SANTA ANA

Scott Thorpe , Principal , and Greg Brown, Vice President, will work together on the Development Impact Fee Study.

RCS may assign additional specialists to the project to help maintain the proposed schedule and ensure product quality. We thoroughly understand and will be involved in every phase of the impact fee study, advising City staff when necessary. Resumes for the RCS project team are included in this proposal on the following pages.

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EDUCATION
Bachelor of Arts in Public
Administration – San Diego
State University

Master of Public
Administration - California
State University Fullerton

AFFILIATIONS
California Society of
Municipal Finance Officers

Government Finance Officers
Association
Scott Ian Thorpe
Principal

Mr. Thorpe has been with RCS since 1985 and built his career and reputation on the proper establishment of development impact fees. His early publications helped shape the
foundation of calculating and implementing impact fees. Scott has produced studies for projects ranging fr om small, single- use developments to large, master -planned communities throughout California. He is actively involved in all aspects of the projects, from kick- off, through Council adoption and beyond fee collection and reporting.

Municipal Experience
City of Brea – Management & Budget Manager
Developed budget preparation and management information reporting systems. Established personal computer
operations, including acquisition, placement, and
maintenance of all equipment to initial and ongoing employee training. Created a comprehensive legislative program for reviewing all federal, state and local legislation.

City of Anaheim – Budget Analyst/Management
Operations Auditor
Assisted in the preparation of a $350,000,000 annual budget.

Provided centralized management support and assistance of line departments with a variety of services including work measurement and management techniques program
development, productivity improvement, internal
management audits, budget review/analysis, revenue
forecasting and auditing, and data processing systems
development. Specialized in management assistance to public safety, stadium, convention center and golf operations.

Responsible for fiscal, work-unit measurement and
management training sessions required of all city
management staff.

City of Covina – Administrative Assistant to the City
Manager
Performed general program development with significant
emphasis on the improvement of the budget process,
legislative, public information, and agenda process systems.

Conducted a major annexation study and effort.

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Scott Ian Thorpe
Principal

Municipal Experience
(continued)

City of Chula Vista – Administrative Aide
Entry level job which involved completion of a City-wide Policy and Procedure Manual, operation reviews of long-term fire vehicle equipment purchases and of the municipal bus system stop locations.

Publications
"Financing Capital Improvements", Journal American Water Works Association, August, 1991, pages 50-52
"Impact Fees: Practical Guide for Calculation and
Implementation", Journal of Urban Planning and
Development, Vol. 18, No. 3, September, 1992, pages 106- 118
“The Missing Ingredient in State-Mandated General Plans”, Public Management, International City Management
Association”, March 2014. Pages 21-22.

Other Accomplishments
Charter Oak Unified School District Facility Closure
Committee-Board Appointee
Guest Lecturer on various municipal
government/management topics at two universities

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EDUCATION
Bachelor of Arts in History –
Cal Poly Pomona

Gregory Ross Brown
Vice President

Professional Experience
Revenue & Cost Specialists – Vice President
(2022- Present) Assisting in meetings, gathering data,
building fee structures, analyzing, and writing reports.

Revenue & Cost Specialists – Associate
(2020 – 2022) Assist in working meetings, data gathering, analysis, and input. Write and/or edit text for completed Development Impact Fee cost calculations.

Simple Health Acupuncture and Wellness Center Inc.

Long Beach, CA – Clinic Director
(2012 – 2022) Oversaw all operations of a continuing
multiple-modality health clinic involving seventeen
employees.

Project Experience

Development Impact Fees
Apple Valley Fire Protection District, CA
City of Highland, CA
City of Shafter, CA (In Progress)
City of Gardena, CA (In Progress)
City of West Covina, CA (In Progress)
City of Hercules, CA (In Progress)
City of Corning, CA (In Progress)
City of El Segundo, CA
City of Farmersville, CA
City of Livingston, CA
City of Loma Linda, CA
City of Morro Bay, CA
City of Hawthorne, CA (In Progress)

Cost of Services Studies
City of Hawthorne, CA
City of Laguna Beach, CA
City of Santa Maria, CA

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Proposal for the City of Santa Ana, CA

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SCOPE OF WORK

DEVELOPMENT IMPACT FEE

To make certain the City of Santa Ana continues to provide basic municipal services as the City grows, RCS proposes to undertake the calculation and textual support of a new Development Impact Fee Calculation and Nexus Report. RCS staff will perform the following to complete the Development Impact Fee (DIF) calculation and quantify the costs generated by new development in terms of an Impact Fee Schedule for city land uses.

Based on our preliminary review of the reports and documentation available by the City, we propose development impact fees for the following infrastructures.

1. Law Enforcement, Vehicles, and Equipment

2. Fire Suppression/Medic Facilities, Vehicles and Equipment

3. Transportation System Improvement Area

4. Transit Zoning Code Traffic Impact Mitigation Fair Share

5. Harbor Specific Plan Mitigation Fair Share

6. Drainage Assessment Fee

7. Park Acquisition and Development Fee

8. Sewer Connection Fee

9. Water Connection Fee

10. Library Fee

11. General Facilities Development Fee

12. Community Centers Development Fee

RCS has the experience and determination to research and identify the maximum financial impact of future developments in Santa Ana. With this information, staff can realize the city's best funding and implementation policies.

We plan to use a series of direct, focused meetings between RCS experts and knowledgeable City staff to produce an accurate, logical, and defensible final product. RCS' objective is to ensure that City staff feels confident about the data and the report and, therefore, confident in supporting the results at public hearings.

The fee recommendations included in RCS' final Development Impact Fee Calculation and Nexus Report will be legally defensible, easy to understand, and supported by City staff. Our years of experience in impact fees and working with local government finance officers ensures this project will be completed successfully and on time.

To provide the basis for the Development Impact Fees, the following steps would be taken by the Revenue & Cost Specialist staff, working with City staff and other consultants where necessary and appropriate:

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Proposal for the City of Santa Ana, CA

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Task 1: Preliminary Research

Task 2: Series of Working Meetings

Task 3: Draft Development Impact Fee Calculation and Nexus Report

Since the Report is based on information and estimates provided by City staff, it is important that all participants are comfortable with the methodology and data

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Proposal for the City of Santa Ana, CA

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Task 4: Presentation of Proposed Development Impact Fee Calculation and Nexus Report to the City Council

CLIENT INPUT

ONSITE MEETINGS AND VIDEO CONFERENCING MEETINGS

For the project kick-off and working meetings on the same day, the City may choose to have RCS onsite or conduct the meetings through a video conferencing account.

RCS plans to participate in the City Council meetings onsite at the City of Santa Ana.

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Proposal for the City of Santa Ana, CA

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PROJECT SCHEDULE

RCS will comply with local, county, and state protocols for safely conducting meetings as the COVID-19 pandemic evolves.

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Proposal for the City of Santa Ana, CA

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PROPOSED BUDGET

Revenue & Cost Specialists proposes the following project costs, which will NOT TO EXCEED AMOUNT OF $115,150.

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City Manager Office
www.santa-ana.org/city-managers-office
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Approve Amendment to the Agreement for City Council Meeting Video Production and Other As-Needed Video Services

AGENDA TITLE
Approve Amendments to Agreements with Eduardo Garcia dba Dynamic Video Communications, LLC, IPTV International Inc. dba TV Pro Gear, Inc., and Thomas Bystry dba Video Engineering Services to Continue Video Production Services for City Council Meetings and Other As-Needed Video Services (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute first amendments to the agreements with Dynamic Video Communications, LLC, TV Pro Gear, Inc., and Video Engineering Services to continue video production services for City Council meetings and other as- needed video services for the period of January 1, 2024 through December 31, 2024, for a shared aggregate amount not to exceed $200,000, for a total aggregate amount not to exceed $800,000 subject to substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
In December 2020, after a competitive RFP process, the City entered into an agreement with Dynamic Video Communications, LLC, TV Pro Gear, Inc., and Video Engineering Services for video production services for City Council meetings and other as-needed video services for three years in an annual shared aggregate amount of $200,000, for a total amount not to exceed $600,000 over three years. Dynamic Video Communications, LLC, TV Pro Gear, Inc., and Video Engineering Services have provided satisfactory services to the City and the City is in need of these services.

Therefore, staff recommends amending the current agreement with Dynamic Video Communications, LLC, TV Pro Gear, Inc., and Video Engineering Services to continue Video Production Services for City Council meetings and other as-needed video services for an additional one-year period and increasing the compensation by an additional $200,000 for the additional one year.

With these agreements, the City has been able to diversify and expand its video

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Approve Amendment to the Agreement for City Council Meeting Video Production and Other As-Needed Video Services
November 7, 2023

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production services by awarding contracts for as -needed services to three video production companies, all of which have experience working with government agencies, including filming and production of public meetings, installing video systems/ control rooms for government meetings, technical consulting, event filming, and other video production.

FISCAL IMPACT
The Amendment is for a one-year period from January 1, 2024 to December 31, 2024 for a shared aggregate amount not to exceed $200,000, for a total aggregate amount not to exceed $800,000. The City Manager' s Office will be utilizing available funds in the Contract Services Professional account (no. 01105015-62300) for this agreement.

EXHIBIT(S)

1. Amendment to Agreement-A-2020-057-02 - Dynamic Video Communications

2. Amendment to Agreement-A-2020-057-02 - Video Communications LLC

3. Amendment to Agreement-A-2020-057-02 - Video Engineering Submitted By: Dulce Rocha, Management Analyst
Approved By: Steven A. Mendoza, Acting City Manager

City Council
28 –
2 11/7/2023

FIRST AMENDMENT TO AGREEMENT

WITH EDUARDO GARCIA DBA DYNAMIC VIDEO COMMUNICATIONS

TO PROVIDE VIDEO PRODUCTION SERVICES

THIS FIRST ADMENDMENT to the above-referenced agreement is entered into on November 7, 2023 by and between Eduardo Garcia dba Dynamic Video Communications ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECITALS
A. Consultant is one of three (3) consultants selected by the City to provide on-call video production services. As part of this selection, each of the three (3) consultants is compensated for on-call services provided to the City from a shared aggregate of $200,000.00 annually during the term of the Agreement. Neither consultant is guaranteed any minimum or maximum compensation and is paid only for actual services performed.

B. The parties entered into Agreement No. A-2020-257-01 (“Agreement”) on December 15, 2020 for Consultant to provide video production services, on an as needed basis. On December 29, 2022, the parties exercised an option to extend the term of the Agreement until December 31, 2023. The Agreement is current and in-effect.

C. The parties now wish to amend the Agreement to further extend the term of the Agr eement and increase the overall compensation amount available to each of the consultants, which may be engaged during this extended term.

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

1. Section 2.a., Compensation, is hereby amended to increase the shared aggregate amount of the compensation for the selected consultants by $200,000.00 to cover costs during the extension of this Agreement, defined below. The total amount to be expended for the e ntire term of this Agreement shall not exceed $800,000.00.

2. Section 3, Term , is hereby amended to extend the term o f the Agreement for an ad ditional one year from January 1, 2024 through December 31, 2024.

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

[signature page to follow]

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

ATTEST CITY OF SANTA ANA
City Manager

CONSULTANT
Jennifer L. Hall
City Clerk

APPROVED AS TO FORM
SONIA R. CARVALHO
City Attorney
Jonathan T. Martinez By:

Assistant City Attorney Title:

City Council
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4 11/7/2023

FIRST AMENDMENT TO AGREEMENT
WITH IPTV INTERNATIONAL, INC. DBA TV PRO GEAR

TO PROVIDE VIDEO PRODUCTION SERVICES

THIS FIRST ADMENDMENT to the above-referenced agreement is entered into on November 7, 2023 by and between IPTV International, Inc., a California Corporation, dba TV Pro Gear ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

B. The parties entered into Agreement No. A-2020-257-02 (“Agreement”) on December 15, 2020 for Consultant to provide video production services, on an as needed basis. On December 29, 2022, the parties exercised an option to extend the term of the Agreement until December 31, 2023. The Agreement is current and in-effect.

C. The parties now wis h to amend the Agreement to further extend the term of the Agr eement and increase the overall compensation amount available to each of the consultants, which may be engaged during this extended term.

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

2. Section 3, Term , is hereby amended to extend the term o f the Agreement for an additional one year from January 1, 2024 through December 31, 2024.

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

[signature page to follow]

City Council
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5 11/7/2023

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

ATTEST CITY OF SANTA ANA

Jennifer L. Hall
City Clerk City Manager

APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO
City Attorney

Jonathan T. Martinez By:

Assistant City Attorney Title:

City Council
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6 11/7/2023

FIRST AMENDMENT TO AGREEMENT

WITH THOMAS BYSTRY DBA VIDEO ENGINEERING SERVICES

TO PROVIDE VIDEO PRODUCTION SERVICES
THIS FIRST ADMENDMENT to the above-referenced agreement is entered into on November 7, 2023 by and between Thomas Bystry dba Video Engineering Services ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

B. The parties entered into Agreement No. A-2020-257-03 (“Agreement”) on December 15, 2020 for Consultant to provide video production services, on an as needed basis. On December 29, 2022, the parties exercised an option to extend the term of the Agreement until December 31, 2023. The Agreement is current and in-effect.

C. The parties now wis h to amend the Agreement to further extend the term of the Agr eement and increase the overall compensation amount available to each of the consultants, which may be engaged during this extended term.

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

1. Section 2.a., Compensation, is hereby amended to increase the shared aggregate amount of the compensation for the selected consultants by $200,000.00 to cover costs during the extension of this Agreement, defined below. The total amount to be expended for the entire term of this Agreement shall not exceed $800,000.00.

2. Section 3, Term, is hereby amended to extend the term of the Agreement for an additional one year from January 1, 2024 through December 31, 2024.

3. Except as modified by this First Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect.
[signature page to follow]

City Council
28 –
7 11/7/2023

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

ATTEST CITY OF SANTA ANA

Jennifer L. Hall
City Clerk City Manager

APPROVED AS TO FORM CONSULTANT SONIA R. CARVALHO
City Attorney

Jonathan T. Martinez By:

Assistant City Attorney Title:

City Council
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8 11/7/2023

Community Development Agency
www.santa-ana.org/community-development
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Second Amendment to Agreement with RSG, Inc.

AGENDA TITLE
Approve a Second Amendment to the Agreement with RSG, Inc. for the Administration, Management, and Implementation of the Rent Stabilization and Just Cause Eviction Ordinance on an As-Needed Basis in an Amount not to exceed $500,000

RECOMMENDED ACTION
Authorize the City Manager to execute a Second Amendment to the Agreement with RSG, Inc., for the administration, management, and implementation of the Rent Stabilization and Just Cause Eviction Ordinance, for an amount not to exceed $500,000, for a total agreement amount not to exceed $1,300,000, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On October 19, 2021, the City Council adopted the Rent Stabilization Ordinance (“RSO”) and the Just Cause Eviction Ordinance (“JCEO”) and authorized staff to enter into an Agreement with RSG, Inc. (“RSG”) for a one-year term in a total amount not to exceed $300,000 for the administration, management, and implementation of the RSO and JCEO. On September 6, 2022, City Council authorized the City Manager to execute a First Amendment to the Agreement with RSG in a total amount not to exceed $500,000 for the continued administration of the Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance”).

Since October 28, 2021, RSG has been assisting the City to administer, manage, and implement the Ordinance. The City has needed RSG to administer the Ordinance during this time while staff have been establishing the administrative framework necessary for City staff to administer the Ordinance. This work has included the following required steps:
•Approval by City Council of a Rental Registry and Rental Registry Fee.

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Second Amendment to Agreement with RSG, Inc.

November 7, 2023

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oThe Rental Registry and Rental Registry Fee was approved by City Council in the amended Rent Stabilization and Just Cause Eviction Ordinance on October 18, 2022.
•The procurement for a fee study consultant and the completion of a fee study to determine the Rental Registry Fee.
oFollowing the adoption of the amended Ordinance, staff issued a Request for Proposals for a fee study consultant. The consultant entered into an agreement with the City on January 3, 2023 and completed the fee study that was presented to City Council on May 16, 2023.
•The adoption of the Miscellaneous Fee Schedule and FY 2023-24 Budget. oFollowing the receipt of the fee study, City Council adopted the Miscellaneous Fee Schedule on June 6, 2023 and the FY 2023-24 Budget on June 20, 2023.
oOnly after the required steps above had been completed and the FY 2023-24 Budget was adopted, staff was authorized by City Council to begin recruitment for City staff to administer the Ordinance.

Although the City now has one full-time employee in the Rent Stabilization Division to administer the Ordinance, staff continues to need RSG to effectively administer the Ordinance and serve tenants and landlords in the community. Additional staff will be hired to administer the Ordinance after the City begins to collect revenue from the Rental Registry Fee; this is expected to begin in January 2024. Therefore, staff recommends that the City Council approve a Second Amendment to the Agreement with RSG for a total amount not to exceed $500,000 (Exhibit 1).

Under this Second Amendment, RSG will continue assisting the City to administer the Ordinance by providing the following services:
•Register rental units in the Rental Registry.
•Provide temporary staffing to respond to in-person and telephone inquiries from tenants and landlords regarding the Rental Registry and Ordinance. •Respond to continuous general public information inquiries via e-mail and telephone.
•Conduct outreach and engagement including Rental Registry workshops for landlords.
•Review and process Fair Return Petitions, Capital Improvement Petitions, and Tenant Petitions.
•Assist the City Clerk and staff with the formation of the Rental Housing Board, including Board member trainings, orientations, and materials. •Create outreach and engagement materials including periodically mailed letters, newsletters, e-mails, workshops, and website updates.
•Refer tenant legal matters and interpretation questions to community legal aid organizations, as needed.
•Calculate the allowable rent increase based on the Consumer Price Index. •Provide new and temporary staff training, including training materials.

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Second Amendment to Agreement with RSG, Inc.

November 7, 2023

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•Develop and conduct workshops for landlords and tenants. •Create required notices in multiple languages.
•Update Frequently Asked Questions.

RSG’s current scope of work will be removed and replaced as part of this amendment.

FISCAL IMPACT
When staff begins collecting Rental Registry Fees beginning January 1, 2024, funds will accumulate in an account specific to the administration of the Ordinance. Since the City needs to discern which units are nonexempt in the Rental Registry in order to begin the collection of Rental Registry Fees, $500,000 from the Inclusionary Housing Fund (41718820-62300 Contract Services) will be utilized initially for this Second Amendment in the current fiscal year. Funds are available from the City Council approved carryover amounts on September 19, 2023. Staff will explore reimbursement of the Inclusionary Housing Fund after Rental Registry Fee revenue is accumulated. In future fiscal years, funding will be included in the proposed Rent Stabilization Program budget for City Council consideration.

EXHIBIT(S)

1. Second Amendment to Agreement with RSG, Inc.

Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Steven A. Mendoza, Acting City Manager

City Council
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3 11/7/2023

SECOND AMENDMENT TO CONSULTANT AGREEMENT

CITY OF SANTA ANA
THIS SECOND AMENDMENT (“Second Amendment”) to Consultant Agreement is entered into on November 7, 2023, by and between RSG, INC., a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). The Consultant and City shall hereinafter be referred to collectively as “the Parties.”

RECITALS
A. On October 28, 2021, the Parties entered into Agreement #A-2021-192-01 (“Agreement”), by which Consultant agreed to administer the City’s rent stabilization and just cause eviction ordinances, to further study additional regulatory framework and infrastructure, and to provide general consulting services.

B. On September 6, 2022, t he Parties entered into a First Amendment to the Agreement (#A- 2022-171) to extend the term of the Agreement, append to the Scope of Services, and increase the compensation to be expended under the Agreement to cover costs during the extended term.

C. On September 6, 2023, an extension to the Agreement (#A-2022-171-01) was exercised by the Parties, pursuant to the terms of the Agreement. The extended term for the Agreement, as amended, runs through September 6, 2024. The Agreement is current and in-effect.

D. The Parties now wish to further amend the Agreement to append to the Scope of Services and increase the compensation to be expended to cover costs during the extended term.

NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of the Agreement, except as hereinafter modified, the Parties agree to the following:

1. Section 1, Scope of Services, shall be amended to replace Exhibit A to the Agreement with the Consultant’s Proposal dated September 26, 2023, attached hereto as Exhibit A-2 to this Second Amendment.

2. Section 2(a), Compensation, shall be amended to increase the compensation for services provided under this Agreement by $500,000. The total amount to be expended during the term of this Agreement, including any extensions, shall not exceed $1,300,000. The Fee Estimate shall be amended to replace Exhibit A-1 to the Agreement with the Fee Estimate detailed in Exhibit A-2 to this Second Amendment.

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

EXHIBIT 1

City Council
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4 11/7/2023

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

ATTEST CITY OF SANTA ANA

JENNIFER L. HALL STEVEN MENDOZA
City Clerk Acting City Manager

APPROVED AS TO FORM RSG, INC.

SONIA R. CARVALHO
City Attorney

By:

Andrea Garcia-Miller Tara E. Matthews
Assistant City Attorney

RECOMMENDED FOR APPROVAL

MICHAEL L. GARCIA
Executive Director
Community Development Agency
EXHIBIT 1

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EXHIBIT A-2

PROPOSAL AND SCOPE OF SERVICES
EXHIBIT 1

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Via Email
September 26, 2023

Judson Brown, Housing Division Manager
City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
Santa Ana, CA 92701

PROPOSAL –ADMINISTER THE CITY’S RENT STABILIZATION AND JUST

CAUSE EVICTION ORDINANCES AND PROVIDE TRAINING, SUPPORT, AND

GENERAL CONSULTING SERVICES

RSG, Inc. welcomes the opportunity to provide the City of Santa Ana (“City”) with services related to the City’s Rent Stabilization and Just Cause Eviction Ordinance (“Ordinance”). It is our understanding that the City is seeking a consultant to provide administrative services for the City’s Just Cause Eviction and Rent Stabilization Ordinance. In the next year, the City will be hiring additional program staff to staff the new Rent Stabilization Division and we understand that RSG will help with training, implementation of the Ordinance, Rental Review Board formation, rental registration, and community outreach and engagement. The following details the scope of services RSG will provide, the project team, and the fee schedu le.

SCOPE OF SERVICES

RSG will perform the following Scope of Services:

Implementation

RSG is available to assist the City in the continued launch of the City’s Ordinance, and to respond to public inquiries as needed. It should be noted that RSG only has Spanish speakers on staff and would need to work with the City to identify other translation services needed. We would work closely with the contacts that the City already has.

• Content Creation – RSG can prepare ongoing program information for property owners and tenants, including:
• press releases,
• website content creation, including a list of Frequently Asked Questions (FAQs), • maximum allowable rent increase,
• letters to rental property owners, and
• fliers and handouts.

• Staffing Counter and Hotline - RSG can provide temporary staffing to answer questions of property owners and residents, both in person for walk -ins and appointments at City Hall or the Housing Authority (or another location best suited for the clientele), and via the dedicated phone line and email address. Depending on the availability of temporary staff and the volume of inquiries, the number of days and hours of in-person staffing will be adjusted accordingly.

• Workshops/Webinars - RSG can conduct up to two (2) workshops per month after the introduction of any new provision to the ordinances. These workshops will be in-person and online in the form of a webinar. They will be recorded and made available on the City website for future reference. The EXHIBIT 1

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workshops can be tailored to specific groups such as non-profits and tenants’ organizations that may assist renters with the Ordinance, and property owners and property managers. RSG will work with the City to provide translation for these workshop/webinars in Spanish and Vietnamese.

• Written Notices to Tenants and Landlords/Owners - RSG can work with the City Attorney to prepare and update required notices as identified in the Ordinance.

Ongoing Administration

RSG is available to administer the City’s Ordinance on an ongoing basis, and continue to respond to public inquiries as needed, including:

• CPI Rent Increase Calculations – RSG will prepare and distribute allowable rent increase amounts to affected property owners pursuant to the procedures detailed in the RSO. CPI calculations determine the allowable percentage a property owner/landlord is allowed to increase a tenant’s rent by. The RSO states that this shall be the lesser of 3% per annum or 80% of the change in CPI.

• Fair Return Petition Review – If a property owner/landlord b elieves the annual RSO rent increase does not allow for a sufficient fair return on investment, they may file a petition for a fair return increase that may allow for an adjustment above the 3% or CPI calculation. This process requires reviewing income and expense information and performing a maintenance of net operating income analysis.

• Petition Review– RSG will review the Petition to ensure that it is complete and adheres with the RSO requirements, that all claimed expenses are eligible operating expenses, and that property revenues are verified. Petition Review also includes preparing correspondence to the applicant informing them if their Petition has been deemed complete or insufficient. If the Petition is incomplete, RSG will inform the applica nt of any deficiencies with sufficient detail and provide them an opportunity to submit additional information. RSG anticipates that the City will be responsible for all mailings.

• Net Operating Income (“NOI”) Analysis -RSG will use a Maintenance of Net Ope rating Income ("MNOI") methodology for determining fair and reasonable rent. The MNOI method is a recognized and accepted practice used in other jurisdictions for evaluating fair return increases under rent stabilization. RSG will calculate a base year NOI for a property prior to adoption of the RSO, using actual historical revenue and expenses for that property, collected through the Petition process. RSG will provide the analysis to the City for review so the City Manager or designee can decide on the allowable rent increase amount. RSG will also evaluate all the other factors that may be considered by the City Manager as part of the rent increase as detailed in the RSO Section 8-1998.3(c).

• Written Evaluation – RSG will prepare a written evaluation of the materials submitted by the applicant and residents. The written evaluation will include a description of the various rent increase factors and the proposed allowable rents under each method.

• Capital Improvement Petition – RSG will ensure that all capital improvements meet the definitions detailed in the Ordinance. Determination of allowable capital improvement increases are based on amortization schedules and any relevant factors affecting amortization, such as the quality of the improvement and external factors that affect its longevity. The calculation of the allowable rent increase is based on the total improvement costs plus interest divided by amortization period (number of years) and then divided by 12 to reflect the monthly payment.

• Petition Review – RSG will review the Application to ensure that it is complete and adheres EXHIBIT 1

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to the Ordinance requirements. RSG will also confirm that all claimed expenses are eligible capital expenses. Review also includes preparing correspondence to the applicant informing them if their petition has been deemed complete or insufficient. If the Application is incomplete, RSG will inform the applicant of any deficiencies with sufficient detail and provide them an opportunity to submit additional information. RSG anticipates that the City will be responsible for all mailings.

• Written Evaluation – RSG will prepare a written evaluation of the materials submitted by the applicant and residents. The written evaluation will include a description of the capital improvements and the proposed pass -through amount. The purpose of the written evaluation is to assist the Hearing Officer or the Rental Review Board in coming to a determination.

• Tenant Petition – A tenant may file a petition with the City if they believe the property owner/landlord is in violation of the Ordinance.

• Review – RSG will review the Petition for completeness and correspond with tenant as to whether it is accepted and the time of the hearing.

• Coordination – RSG with coordinate with City staff and the Hearing Officer on any petition items.

• Petition Hearings – RSG will be available to attend any Hearings to answer any questions that the public, Hearing Officers, or Rental Review Board may have on our portion of the analysis. This includes time for hearing preparation and any required briefings by legal counsel prior to the Hearing(s). We understand that there is the possibility of more than one Hearing.

• Tenant Complaints – RSG will provide information to tenants regarding the provisions of the Ordinance but will not be expected to assist the tenant any further regarding complaints or enforcement. Rather, tenants will be directed to contact an attorney that can file a civil suit if warranted.

• Staff Training – RSG understands that all or a portion of the services will be on an interim basis until such time as City staff, or another designated party, is ready to assume responsibility for implementation. RSG is available to prepare training materials and support as needed for use by City staff for program implementation.

Advisory Services

RSG understands that the City may from time to time like to continue to evaluate potential improvements to the Ordinance. RSG is availabl e to conduct necessary research as directed, including but not limited to best practices and procedures of rent stabilization and just cause eviction ordinances in other communities. RSG can attend and participate in City Council and Staff meetings, as requested. We are also available to conduct surveys or other forms of community outreach as needed.

RSG will be available to provide analysis, expert testimony, or other support to the City regarding any legal challenges to the Ordinance.

PROJECT TEAM

Tara Matthews will serve as the Managing Principal providing oversight for all aspects for the engagement and will be the primary consultant. She will be assisted by, Cindy Blot, Senior Associate, Sara Court, Associate, EXHIBIT 1

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Jill Glickman, Analyst, and Brice Wildemuth, Analyst, who all have previous experience with rent stabilization ordinances. Other RSG staff may be assigned as needed. Resumes of staff are available at www.webrsg.com or can be provided upon request.

REFERENCES
Mobilehome Park Fair Return Rent Adjustment Petition Administrative Services – City of El Monte Contact: Alma Martinez, City Manager
11227 Valley Boulevard, Suite 200
El Monte, CA 91731
626.580.2001 / [email protected]

RSG assists the City of El Monte with administration of the City’s Mobilehome Park Rent Stabilization Program by providing services as it pertains to the El Rovia Trailer Village, LLC Rent Increase Petition Review and MNOI Analysis. The scope of services includes the following:
• Petition Review – RSG reviews the Petition to ensure that it is complete and adheres with the Program guidelines and that all claimed expenses are eligible Prog ram operating expenses.

Additionally, RSG verifies park revenues. Petition Review also includes preparing correspondence to the Park Owner informing them if their Petition has been accepted or rejected. Should a petition be rejected, RSG will detail the reason for the rejection to inform the Park Owner of any deficiencies. • Maintenance of Net Operating Income (“MNOI”) Analysis – RSG calculates the MNOI and the proposed MNOI Entitlement pursuant to Section 8.70.080 of the Municipal Code. • Public Hearing – RSG attends public hearings as needed to answer any questions that the public or Hearing Officers may have on our portion of the analysis. • Settlement Agreement Analysis – RSG evaluates the rent differences between the terms proposed in the Settlement Agreement versus the MNOI Analysis as needed.

Mobilehome Park Rent Control Program Administration – City of Carson Contact: Saied Naaseh, Director of Community Development 701 E. Carson Street
Carson, CA 90745
310.952.1770 / [email protected]

Since 2017, RSG principal Tara Matthews has served as the City of Carson’s Interim Housing Program Manager.

In this role, she administers the City’s mobilehome park rent control program. The scope of services includes the following:
• Rent Increase Application Review and Processing – RSG reviews all applications submitted by park owners seeking either a capital improvement or a fair return rent increase. RSG ensures that each application is complete and adheres to the Program guidelines. This review includes closely evaluating each of the expenses submitted by the park owner to ensure that each reported expense is reasonable, accurate, and sufficiently documented. RSG’s work includes frequent communication with park owners and residents, as well as collaboration with the City’s legal counsel. • Resident Noticing - Once an application is deemed complete, RSG prepares required noticing for the park residents and is available to answer any question s that the park residents may have. RSG is available for on-site visits as needed to allow park residents an opportunity to review the application and ask in-person questions.
• Park Inspections – The processing of each application requires an inspection of the mobilehome park which entails visually inspecting the condition of the park (Fair Return) or verifying the completion and quality of improvements to the park (Capital Improvement). The findings of the inspection are included in the staff report present to the Mobilehome Rental Review Board (“Board”). One of the EXHIBIT 1

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City’s contract inspectors accompanies RSG at these inspections to provide expertise on the park conditions and improvements.
• Public Hearing – RSG prepares the public hearing notices mailed to park residents. RSG also prepares the staff reports presented to the Board for consideration at the public hearings. Each staff report includes all material facts related to the application and outlines various rent increase options for the Board t o consider. RSG attends all public hearings to present information to the Board and answer any questions posed by the Board.
• Staff Training – RSG created a manual and templates for staff to administer the annual CPI calculations.
• Point of Contact – RSG res ponds to general inquiries from park owners, park residents, and the general public regarding the City’s mobilehome park rent control program.

Rent Stabilization Program Strategic Plan – City of San Jose Contact: Rachel VanderVeen, Deputy Director
200 E. Santa Clara Street, 14th Floor
San Jose, CA 95113
408.535.8231 / [email protected]

In 2022, San Jose embarked on a process to evaluate their current Rent Stabilization Program which includes a 1) Tenant Protection Ordinance, 2) Apartment Rent Ordinance, 3) Ellis Act Ordinance, 4) Mobilehome Rental Ordinance, and 5) Housing Payment Equality Ordinance. RSG is currently preparing a data driven 3 -year Strategic Plan that sets goals, ident ifies metrics, and clearly demonstrates whether the Rent Stabilization Program is meeting the intended purpose. The Strategic Plan will be used to report out on Program effectiveness and to make policy recommendations.

Review of Mobilehome Rent Review Application – City of Escondido Contact: Holly Nelson, Housing & Neighborhood Services Manager 201 N. Broadway
Escondido, CA 92025
760.839.6203 / [email protected]

RSG was hired by the City of Escondido in 2022 to assist with the review of a Mobilehome Rent Review Application submitted by the Eastwood Meadows Mobilehome Park. The scope includes reviewing written submissions provided by the park owner and park residents and preparing a report for the rental review board to inform their decision to grant a rent increase. Escondido considered three different types of rent increases that RSG evaluated: Maintenance of Net Operating Income (MNOI), Gross Profits Maintenance Analysis (GPM), and changes in Consumer Price Index (CPI).

Mobilehome Park Rent Control Review – City of Palmdale
Contact: Sophia Reyes, Housing Manager
38300 Sierra Highway
Palmdale, CA 93550
661.267.5100 / [email protected]

In 2022, RSG was hired by the City of Palmdale to review 2021 mobilehome registration documentation submitted by park owners, review rent rolls and related documents, prepare a letter detailing any instances in which the park owner charged excessive rent (if applicable), and prepare a letter approving the implementation of a 2022 Permissive Rent Increase under the City’s ordinance. RSG also reviewed the City’s mobilehome ordinance, policies, and program documents to create a checklist of the annual registration EXHIBIT 1

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documentation required.

FEE ESTIMATE

Our services for this engagement would be charged on a time -and-materials basis. RSG proposes the below hourly rate schedule for these services.

Principal / Director $ 275
Senior Associate $200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 100
Clerical $ 60
Reimbursable Expenses Cost plus 10%

RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five (5) copies. These costs are charged back at the actual expense plus a 10% surcharge.

RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.

Invoices identify tasks completed to date, hours expended and the hourly rate.

We appreciate the opportunity to provide these services to the City and should you have any questions, please contact Tara Matthews at 714.316.2111 or [email protected].

Thank you,

Tara E. Matthews RSG, Inc.

EXHIBIT 1

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Community Development Agency
santa-ana.org/cd
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 7, 2023
TOPIC: Approve Agreements with Neutral Ground and America on Track Gang Prevention and Intervention Program Services

AGENDA TITLE
Approve an agreement with America on Track and Nati’s House dba Neutral Ground for Gang Prevention and Intervention Program Services that promotes a proactive, preventative approach to addressing concerns with at-risk youth and gang activity (Revive Santa Ana Program)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an agreement with America on Track in the amount of $200,000 for a one-year term, with an option to extend for one year, for a two-year aggregate total not to exceed $400,000, for gang prevention and intervention services, for a term beginning December 1, 2023, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

2. Authorize the City Manager to execute an agreement with Nati’s House dba Neutral Ground in the amount of $200,000 for a one-year term, with an option to extend for one year, for a two-year aggregate total not to exceed $400,000, for gang prevention and intervention services, for a term beginning December 1, 2023, subject to non- substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On June 1, 2023, the City of Santa Ana issued a Request for Proposals (RFP #23-090) to retain services to provide prioritized gang prevention and intervention services to at- risk youth of the City of Santa Ana. The RFP was posted on the City's PlanetBids portal and twenty-one organizations were notified who had expressed prior interest. The deadline for submissions was Thursday, July 6, 2023, at 5:00 P.M.

The City received two proposals prior to the submission deadline. Staff conducted a minimum threshold review of each proposal to ensure compliance with the RFP requirements. Following this review, staff formed a Review Panel consisting of the Homeless Services Division Manager, the Senior Community Development Analyst, a

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Community Development Analyst, and the Recreation and Community Services Supervisor.

The review panel met on Thursday, August 3, 2023, to review the proposals, and on Friday, August 10, 2023, to interview each bidder separately. Each proposal was evaluated by the review panel based only on the evaluation criteria in the RFP. The following table summarizes the results of the evaluation by the review panel, providing the average score and ranking for each proposal:

Rank Proposal Submitted By Average Score*
1 America On Track, Inc. 130.5
2 Neutral Ground, Inc. 119
* Maximum score was 142 points
Based on the scores above and the deliberative selection and review process followed by the City, the Review Panel recommends that the City enter into one-year agreements with both organizations in an amount of $200,000, with the option to extend for one additional year, for a total aggregate amount not to exceed $400,000 over a two-year term for each organization. (Exhibits # 1 & 2). The one-year agreement term shall commence on December 1, 2023. Should the performance reports reflect satisfactory progress, the agreement term will be extended for one additional year, through December 1, 2025.

Approval of this recommended action will allow each organization to effectively and efficiently serve the City’s at-risk youth and their families. Funding two organizations allows for a broader range of perspectives and approaches to tackle this issue as each organization brings its own innovative and diverse ideas, and creativity to this project.

Together, the two organizations can cast a wider net of program services for Gang Prevention and Gang Intervention in the City of Santa Ana.

FISCAL IMPACT
The current fiscal year funding is available in the FY 23-24 budget; future fiscal year funding will be included in the proposed budgets for City Council consideration.

Fiscal
Year
Accounting
Unit-Account
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 23-24
18118013-
221301
-69135
American
Rescue Plan Act
(ARPA)
Revive Santa Ana
Program –
Payment to
Subagent
$400,000
FY 24-25
18118013-
221301
-69135
American
Rescue Plan Act
(ARPA)
Revive Santa Ana
Program –
Payment to
$400,000

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Subagent

EXHIBIT(S)

1. Request for Proposal For Gang Prevention and Intervention Services

2. Agreement with Neutral Ground

3. Agreement with America on Track, Inc.

Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Steven A. Mendoza, Acting City Manager
Total Expenditures $800,000

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REQUEST FOR PROPOSAL NO. 23-090A
FOR

GANG PREVENTION & INTERVENTION PROGRAM

SERVICES

CITY OF SANTA ANA
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of the City, with appropriate notice to prospective Proposers.

Issue Date:

Mandatory Pre-Proposal Meeting:

Deadline for Questions:

Proposal Due Date:

Thursday, June 1, 2023
Tuesday, June 13, 10:00 A.M.

Thursday, June 15, 2023, 4:00 P.M.

Thursday, June 29, 2023, 4:00 P.M.

EXHIBIT 1

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TABLE OF CONTENTS
I. BACKGROUND ........................................................................................................................... 3 II. MANDATORY PRE-PROPOSAL MEETING ................................................................................ 3 III. OVERVIEW OF PROJECT .......................................................................................................... 3 IV. SCOPE OF SERVICES ............................................................................................................... 5 V. TERM OF AGREEMENT ............................................................................................................. 7 VI. MINIMUM QUALIFICATIONS ...................................................................................................... 7 VII. RESPONSE TO RFP .................................................................................................................. 7 VIII. CERTIFICATIONS (ATTACHMENTS) ....................................................................................... 12 IX. REFERENCES .......................................................................................................................... 12 X. MINIMUM SCOPE OF AND LIMIT OF INSURANCE ................................................................. 12 XI. EXCEPTIONS ........................................................................................................................... 14 XII. SELECTION PROCEDURES & CRITERIA ............................................................................... 14 XIII. WITHDRAWALS........................................................................................................................ 17 XIV. PROTESTS ............................................................................................................................... 17 XV. GENERAL TERMS AND CONDITIONS .................................................................................... 18 XVI. AWARD OF AGREEMENT ........................................................................................................ 23 XVII. IMPLEMENTATION ................................................................................................................. 23

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – Scope of Services
EXHIBIT II – Sample Agreement
EXHIBIT III – Sample Commitment to Enter Into Memorandum of Understanding with the Santa Ana Work Center
EXHIBIT IV – Federal Regulations

ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING

B REFERENCES
C PROPOSER’S STATEMENT

D NON-COLLUSION AFFIDAVIT

E NON-LOBBYING CERTIFICATION

F NON-DISCRIMINATION CERTIFICATION
G SAM.GOV UNIQUE ENTITY ID (UEI)
EXHIBIT 1

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CITY OF SANTA ANA
I. BACKGROUND
Incorporated in 1886, Santa Ana, a Charter City, established a Council-Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney, and Clerk of the Council. The City of Santa Ana (City) is a full-service City with a diverse population of approximately 335,000.

The City’s eleven agencies provide all the traditional municipal services, as well as a water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million.

The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles, and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California.

II. MANDATORY PRE-PROPOSAL MEETING
A mandatory virtual pre-proposal meeting will be held on the date and time specified on the coverpage of this RFP.

Failure to attend this meeting shall result in your firm being disqualified from proposing.

Top
ic: City of Santa Ana RFP No. 23-090A: Gang Prevention & Intervention Services Time: Jun 13, 2023 10:00 AM Pacific Time (US and Canada) Join Zoom Meeting Link:
https://zoom.us/j/93525132537?pwd=WXhiYkZWdXkreHlZVGs2a1krbGNydz09 Meeting ID: 935 2513 2537
Passcode: 849769
One tap mobile
+16694449171,,86175764261#,,,,*459189# US
+17207072699,,86175764261#,,,,*459189# US (Denver)
III. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms (Proposers) to promote a proactive preventative approach to addressing concerns with at-risk youth and gang activity. The City of Santa Ana is seeking to partner with one or several organizations to create a multifaceted, gang prevention and intervention program utilizing trauma-informed care.

The program shall provide prioritized gang prevention and intervention services through the use and understanding of best practices, trauma-informed outreach, and care. Successful applications shall also provide mental health and trauma care resources to youth and their families who have suffered or are suffering from trauma associated with gang violence.

City of Santa Ana
RFP No. 23-090A

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CITY OF SANTA ANA
The core of the program shall be a direct service(s) delivery to high-risk youth ages 10-24. The program's focus is to provide a pathway to healing and empower the community to reduce fears and concerns related to gang activity, by proactively addressing issues associated with at-risk youths and strengthening the family unit; the foundation of the community.

The successful Proposer(s) must be a community-based organization. Both nonprofit and for- profit organizations are eligible to apply, either individually or in partnership with other entities.

The Proposer(s) must be experienced or knowledgeable in providing street outreach & engagement, gang-related & trauma-induced counseling, and experience working with at-risk youths and their families.

The selected Proposer(s) must have a demonstrated history of working cooperatively with community and law enforcement agencies in various aspects of Gang Prevention, Mental Health Services, and Trauma Care and possess the ability to connect individuals to the necessary supportive services. Organizations that can demonstrate the capability to utilize additional funding sources to augment their proposed project, and/or can show past or active engagement as it pertains to the scope of this RFP within Santa Ana will receive additional points in the scoring of the RFP.

Successful applicants shall demonstrate their knowledge and proposed use of best practice concepts to successfully achieve completion of project goals.

The funding in this RFP is not guaranteed, as the availability of such funding is subject to change at any time. The City of Santa Ana makes no guarantee of the availability of the proposed funding for any particular applicant or project. The submission of a proposal in response to this RFP does not commit the City to provide any funding to a proposed project.

The term “Vendor”, “Proposer”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP) and are used interchangeably.

Priorities and Objectives:

The
City is interested in actioning the following priorities through this RFP:
(1) Provide resources to at-risk youth to deter gang involvement. (2) Administer resources, support, and community networking pathways that lead to effective programs and services that lead to success in education. (3) Provide re-entry services to individuals returning from incarceration, that were involved in gang activity prior to incarceration, or who are susceptible to engage in gang activity upon their release.
(4) Create opportunities such as employment opporutinites, job & skils training, mentorship, report building with community leaders, and identify oporrotunities for enhancement for those already involved or likely to be involved in gangs, as well as, provide trauma- informed care to the families of active gang members.
(5) Implement trauma-informed care to families impacted by gang activity. (6) Provide mental health resources to youth and families impacted by gang activity.

City of Santa Ana
RFP No. 23-090A

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CITY OF SANTA ANA

Available Funds for this RFP:

The funds for this RFP can be awarded to one (1) or more organizations that include funds available in the American Rescue/Revive Santa Ana Plan.

Available program funds may be used to combat the increase of violence, especially amongst and towards community youth members; and to support public health and safety expenditures for mental health resources and trauma-informed care for the following eligible purposes:

(1) Foster a safe environment for residents and visitors while reducing crime and addressing the impacts of COVID-19 on our health and quality of life. (2) Administer direct resources to residents that have been constrained as a direct result of the pandemic.

Please refer to the 2022 Revive Santa Ana Annual Report for more information:
https://www.santa-ana.org/city-of-santa-ana-releases-the-2022-revive -Santa-Ana-annual- report/

As of the date of issuance, the available funds for this RFP are not expected to exceed the amount below and are intended to be as follows, (subject to change):

American Rescue Plan Act Funds (ARPA) $800,000

Available funds can be used for a variety of program types and preferences. Please see the table below for the general allowable uses of funds for each source; a more detailed description of the eligible uses for each source will be provided in the Scope of Services.

Source of Funds
Outreach &
Engagement
Trauma-
Informed Care
Gang
Prevention &
Intervention
Mental Health
Resources

ARPA X X X X

IV. SCOPE OF SERVICES
SEE EXHIBIT 1 - SCOPE OF SERVICES

Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

City of Santa Ana
RFP No. 23-090A

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CITY OF SANTA ANA

A. GENERAL INFORMATION

1. Following the RFP Process and conditional on meeting other requirements and conditions, a pre-award commitment letter may be drafted by the Homeless Services Division, reviewed and approved by the City Attorney’s Office and the Executive Director of Community Development, before being recommended for approval by the City Council.

The letter shall state the maximum amount of program funds reserved for the project and list all of the additional conditions and steps that must be taken by the proposer(s) prior to closing.

2. When determined appropriate, the City will provide information in its possession relevant to the preparation of required information in the RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

3. The Vendor(s) shall be responsible for retaining data, records, and documentation for the preparation of the required information. These materials shall be made available to the City as requested.

4. This RFP does not commit the City to pay costs incurred in the preparation of a response to this RFP. All costs incurred in the preparation of the proposal, the submission of additional information, and/or any aspect of a proposal prior to the award of a written contract will be borne by the respondent. The City reserves the right to accept or reject the combined or separate components of any proposal in part or in its entirety or to waive any informality or technical defect in the proposal.

5. All data, documents, and other products used, developed, or produced during response preparation to the RFP will become the property of the City. All responses to the RFP shall become the property of the City. The City will make its best efforts to maintain Proposer information identified as proprietary information confidential, to the extent allowed under the California Public Records Act.

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

B. COORDINATION
Coordination by the awarded Contractor(s) with the City, other contractors, and agencies will be required to achieve satisfactory and timely delivery of the required work. Coordination may include, but not be limited to: coordination with impacted businesses, neighborhood and civic groups, local and/or state agency boards and staff, or attendance at Community Development Commission meetings or City Council meetings.

The City will decide the manner in which the coordination efforts will be conducted. At the City’s option, coordination efforts may be performed by the Vendor’s direct contact, by the Vendor(s) acting through the City, or by the City only. When coordination efforts require agreements, such agreements shall be coordinated with the City.

City of Santa Ana
RFP No. 23-090A

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CITY OF SANTA ANA

C. VENDOR(S) RESPONSIBILITIES
The selected Vendor(s) will assume responsibility for all aspects of the development, and for ensuring that the project is developed and operated in accordance with applicable state and federal laws. The selected Vendor(s) will ensure that the project is developed and operated in accordance with the City laws, regulations, and planning and development process.

D. RULES FOR PROPOSALS

The signer of the proposal must declare in writing that the only person, persons, company, or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud; and, that the signer of the proposal has full authority to bind the proposer (Attachment D).

V. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of one (1) year. The City may, at its discretion, extend the agreement with a multi year contract, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate.

VI. MINIMUM QUALIFICATIONS
Proposers shall have a minimum of three (3) years of recent experience working with at-risk youth and their families or projects similar to the proposed project.

VII. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. No other form of submittal will be accepted.

PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit the proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.

In addition to the above electronic submission instructions, one USB flash drive containing a copy of the complete proposal packet and five (5) hard copies must also be submitted. Please City of Santa Ana
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see the paper submission instructions in Section VII RESPONSE TO RFP, Letter F. Proposal Contents, No.3 Number of Proposal Copies and Signature.

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

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

B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein unless confirmed in writing by the designated Project Manager(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time are shown on the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

Requests submitted for the City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

General process questions may be directed to the following:

Megan Ornelas
Buyer
Email: [email protected]

D. ADDENDA
Any changes in the RFP from the date of release to the date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

City of Santa Ana
RFP No. 23-090A

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E. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract, and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document should be clearly noted in each Proposer’s proposal.

F. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs, etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 25 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include the type of business entity. Cover Letter shall not exceed one page.

Cover letter must be addressed to the following City Project Manager:

Mishaun Watkins, Community Development Analyst
City of Santa Ana – Community Development Agency
20 Civic Center Plaza
Santa Ana, CA 92701

b. Services Provided
A description of proposed services to be provided and how they meet the needs of the Police Department as described in Section IV – Scope of Services (Above).

c. Agreement Statement
Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:

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1. Firm: A general description of the firm, including size and number of employees working directly with the City on this agreement. Firm’s nearest address serving the City of Santa Ana and headquarters address.

2. Project Manager/Principal Agent : Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement.

The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation if invited to an interview.

3. Vendor(s) Team: An organizational chart showing lines of responsibility, as well as a list of team members and their duties as part of the team. If the Vendor(s) is a nonprofit corporation, or if a nonprofit is one of the team members, the SOQ must include documentation that the corporation is certified by the U.S. Internal Revenue Service as a 501(c)3 tax-exempt non-profit corporation, and is in good standing with both state and federal compliance.

4. Vendor(s) Experience: A narrative describing your firm’s demonstrated capability, including the length of time that your firm has provided the services being requested in this RFP. Some members of staff shall be bilingual.

Experience gained in the last five years on projects similar to the one being proposed.

i. List two recent similar projects delivered by the firm for other public agencies or community-based organizations including the criteria listed below:

 Include a description of the summary of work performed  The project name and type (special needs, senior, large family, etc.)  The total project cost.
 The funding sources.
 The percentage of work the proposer was responsible for.  The period over which the work was completed,
 The name, title, and phone number of clients to be contacted for references.

ii. A Letter of Support from a community member, community-based organization, or public agency may serve as a substitute for one of the two projects.

iii. Include a description of your experience doing community outreach and capacity including resources, staffing, and available funding.

1. Financial Capacity: Description of the Vendor’s financial strength and ability to obtain project financing, and to provide sufficient equity for the successful completion of the proposed project.

i. Include a description of current relationships with major lending institutions.

ii. Any Vendor(s) that is selected for recommendation to City Council, or if a partnership, the team members who will retain an ownership interest in the project, will be required to submit complete financial statements for the last three years. Because of the possibility of public records requests, the City cannot guarantee that these statements will remain confidential.

City of Santa Ana
RFP No. 23-090A

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e. Proposed Work Plan
Proposal shall include:
i. A statement demonstrating the firm’s understanding of the Scope of Services, including:
 Anticipated approach to performing services as specified herein;  Suggestions or special concerns the evaluation committee should take into consideration.
 Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline.

ii. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to the award of any resulting agreement.

Proposals shall be valid for a minimum of one hundred eighty (180) days following the Proposal deadline. The cost of developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become the property of the City.

The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies, and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City; therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.

iii. Number of Proposal Copies and Signature
In addition to the online submittal of proposals by the deadline specified on the cover page of this RFP, one USB flash drive containing a copy of the complete proposal packet and five (5) hard copies of Respondent’s proposal shall be signed by a company official with the authority to bind the company and mailed or delivered in a sealed envelope or box to the City’s Project Manager listed above under Section F.

Proposal Contents, at No. 1 Statement of Qualifications (SOQ), a. Cover Letter (addressed to the attention of Project Manager) Additionally, one (1) copy of your Cost Proposal must be submitted electronically to PlanetBids (see Section A – Submittal Instructions).

Sealed envelope or box with proposal documents shall be clearly labeled as follows:

RFP 23-090 Gang Prevention & Intervention Program Services

NOTE: Electronic, paper/hard copies and USB flash drives must all be submitted to the City as specified above by the deadline to submit proposals.

No exceptions shall be made.

City of Santa Ana
RFP No. 23-090A

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VIII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
 Attachment A: Proposer’s Certification and Proposal Item Pricing  Attachment B: References
 Attachment C: Proposer’s Statement
 Attachment D: Non-Collusion Affidavit
 Attachment E: Non-Lobbying Certification
 Attachment F: Non-Discrimination Certification
 Attachment G: SAM.GOV Unique Entity ID

The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

PLEASE NOTE: City will not be waiving the notarization requirement when applicable on any of the required attachments.

IX. REFERENCES
Contractor shall provide three (3) references from other similar customers for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B – References. The respondent grants permission for the City to contact any individuals listed as references.

City may disqualify a Proposer if:

 References fail to substantiate Proposer’s description of services and deliverables provided; or

 References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or

 City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

X. MINIMUM SCOPE OF AND LIMIT OF INSURANCE
The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:

 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, City of Santa Ana
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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.  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 limit no less than $1,000,000 per accident for bodily injury and property damage.  Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
 Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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

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

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

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

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

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

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losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

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

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

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

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

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

Verification of Coverage
Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

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

XI. EXCEPTIONS
The proposal must be completely responsive to this RFP. Any exceptions to the requirements of this RFP must be clearly stated and submitted to the City for its review in accordance with Section VI, No. C – REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS. The City, in their sole and absolute discretion, may authorize or deny any exceptions.

XII. SELECTION PROCEDURES & CRITERIA
A. The City will establish a proposal review panel. The review panel will evaluate proposals based on the response to the RFP and determine if the minimum program and RFP Process requirements are met (minimum threshold review). Proposals that do not meet the minimum City of Santa Ana
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threshold review will be considered non-responsive. The Review Panel for the RFP Process will consist of at least one employee from the Santa Ana Police Department and two employees from the Community Development Agency. Evaluations will include adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Using the scoring and selection criteria provided below, the Review Panel shall determine whether the proposal is recommended for award. Using the scoring and selection criteria, the Review Panel shall also review the design of the proposed project for appropriateness for at-risk youth, compatibility with surrounding uses, Street Outreach and Engagement, and appropriateness of the design and dispersing mental health and trauma resources to you and their families affected by gang violence. Proposed projects must receive a minimum threshold score of 75 points to move forward in the proposal review process.

COMPETITIVE SELECTION CRITERIA

1. PROGRAM/COMMUNITY NEED
(Max 25 Points)
Demonstrate a commitment to evidence-based or emerging practices:

ELIGIBLE
POINTS
Share methods to build partnerships with supportive services. Detail mechanisms for making referrals to service providers; Identify and respond to violent and potential violent events
5 Engage community partners, community members, and other community stakeholders 5
Interrupt potential violence by mediating conflicts and preventing retaliation 5 Identify and support individuals and groups at the highest risk. 5 Use data to inform daily efforts and make necessary changes to interruption strategies. 5
Sub-total 25

2. PROGRAM DESIGN
(Max. 30 Points)

Describe the program structure, activities, participant group, and services to be provided with Gang Prevention and Intervention Program funds and how they align with evidence-based practices. Including mental health and trauma-informed care resources and practices.

10 Describe your plan for recruiting and training the staff who will deliver the program.

10 Describe your plan for recruiting, engaging, and retaining participants in services.

10 .

City of Santa Ana
RFP No. 23-090A

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Sub-total 30

3. COST PROPOSAL & BUDGET
(Max. 15 Points)
Detailed cost proposal/budget with narrative, for one year of operation. 15 Sub-total 15

4. VENDOR(S) EXPERIENCE AND SKILL
(Max. 25 Points)

Recent experience in conducting similar scope, complexity, and magnitude for other public agencies. 5
At least two (2) references. 5
Ethnic diversity and cultural awareness. 5
Counter gang culture techniques and methods. 5
Educational background, work experience, and directly related consulting experiences. 5
Sub-total 25

5. LEVERAGING OF CITY FUNDS
(Max. 3 Points)
Applicant's potential or capacity to obtain additional financing for this project 3 Sub-total 3

6. PROGRAM EVALUATION (Max. 25 Points)
List your firm’s goal(s) for the program. Goals are broad statements of what the program intends to accomplish in the long term. Goals should link directly to needs.

5 List your firm’s objective(s) for the program. Objectives are specific, measurable aims of program activities that you intend to accomplish in the short term. Similar to goals, objectives should link directly to needs.

5 Describe how the goals and objectives align with the City’s overarching goals for the Gang Prevention & Intervention program.

5 Describe a plan for how you will achieve your stated objectives and how you will collect as well as evaluate data to measure progress towards your stated objectives.

5 Describe a plan for how you will provide oversight and monitor the program, in order to demonstrate that the program is being carried out as intended. 5 Sub-total 25

7. RFP PRIORITIES (Max. 5 Points)
Identify individuals and groups at the highest risk of involvement. 5 Sub-total 5

8. COMMUNITY INCLUSION (Max. 5 Points)
Identify all local partner agencies and describe their roles and responsibilities for the program 5
Sub-total 5
City of Santa Ana
RFP No. 23-090A

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BONUS POINTS ( Max 9 Points):

Santa Ana-based organization 3
Organization currently working with local at-risk youth and their families. 3 Match funds contributed. 3
Sub-Total 9
TOTAL ELIGIBLE POINTS 142

C. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion.

If the proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.

The City shall not be obligated to accept the lowest-priced proposals but will make awards in the best interests of the City after all factors have been evaluated.

The review panel will recommend the qualified Proposers to the City Council or City Manager for the award of the contract, as appropriate.

D. The review panel may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.

XIII. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

Prior to the proposal’s due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposed withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.

XIV. PROTESTS
Proposers may file a “protest” to an RFP with the Project Manager. In order for a Bidder’s protest to be considered valid, the protest must:

1. Be filed in writing within five (5) business days of either the RFP issued date or before 5:00 p.m. of the 5th business day following the posting of Bid Results/Notice of Intent to Award Contract on the City’s website;

2. Clearly identify the specific irregularity or accusation;

3. Clearly identify the specific City staff determination or recommendation being protested;

4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and

5. Include all relevant, supporting documentation with the protest at the time of filing.

City of Santa Ana
RFP No. 23-090A

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If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the Project Manager, or designated City Representative, shall review the basis of the protest and all relevant information. The Project Manager will provide a written decision to the protestor within ten (10) business days from receipt of the protest. The decision from the Project Manager, or her/her designee, is final and no further appeals will be considered.

XV. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.

B. CITY BUSINESS LICENSE
The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana.

C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre- City of Santa Ana
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contractual expenses are not to be included in the cost proposal. Pre-contractual expenses include but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photocopying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members, and staff within the City.

G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates, or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data, or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data, or information, including copies, must be returned to the City at the end of the contract.

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

I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in the suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

City of Santa Ana
RFP No. 23-090A

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

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals that appear unrealistic in terms of technical commitments, lack of technical competence, or are indicative of a failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FEDERAL GRANT CONTRACT PROVISIONS
Proposer must agree to the federal contract provisions outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid.

M. FISCAL NON-FUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

N. JOINT OFFERS/SUB-CONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability for such Subcontractors.

O. INDEPENDENT CONTRACTOR
The contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of the City. Neither Contractor, its employees, nor anyone working under City of Santa Ana
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Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through the City.

P. JOINT OFFERS/SUB-CONSULTANTS
Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub- consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer.

Q. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

R. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

S. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

T. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports, and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City City of Santa Ana
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and may be used by the City as it may require without additional cost to the City. None of the documents, reports, and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

U. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

V. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

W. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

X. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

Y. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

Z. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer hereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

AA. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after the award the of contract must be approved by the City before commencement of work.

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The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XVI. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

XVII. IMPLEMENTATION
A. MEETINGS
The successful proposer will be required to meet with City staff, virtual or in person as required by the City, to discuss and agree on operational issues. In addition, the successful proposer is required to submit all necessary reporting as required for Revive Santa Ana and reporting and Federal reporting.

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RFP No. 23-090A

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I. PROGRAM PRIORITIES

The City of Santa Ana is targeting at-risk youth in an effort to promote a proactive preventative approach to addressing their concerns and the concerns of their families. The City desires to partner with one or more organizations that will create a Gang Prevention and Intervention Program. This program will provide multifaceted Gang Prevention & Intervention while offering Mental Health resources and Trauma-Informed Care. Program design will be subject to and carried out in accordance with established City standards and procedures. The core of the program should be direct service to high-risk youth ages 10-24. Services should be built around the recognition that youth engage in acting out behavior due to a breakdown in the effectiveness of traditional family/school/community structures where they would normally fulfill needs for love, self-esteem, personal meaning stability, and socialization.

A. Priorities and Objectives:

In particular, the City is interested in furthering the following priority through this RFP:

1) Submit weekly statistics of service to the project manager. 2) Submit a monthly compilation of statistics to the project manager. 3) Create after-school activities for teens and incentives for participation. 4) Provide mental health resources.
5) Provide Trauma Counseling for at-risk youth and families who are suffering and have suffered from gang-related trauma.
6) Provide individual and family counseling for gang-affiliated youths and those who were recently incarcerated.
7) Provide Street Outreach and Engagement teams to build relationships with individuals involved or affiliated with local gangs.

II. REVIVE SANTA ANA

a. Source of Funds
Funding for this program is through the American Rescue Plan Act’s State and Local Fiscal Recovery Fund (SLFRF), referred to as Revive Santa Ana. This funding supports a series of COVID-19 recovery initiatives, including, food distributions, direct financial assistance to residents, a variety of youth programs, and more.

b. Eligible Grantees
Eligible grantees are community-based organizations, nonprofit organizations, agencies, or independent contractors; and have a valid 501(c)(3) or (4) designation from the IRS, or for-profit Vendors or corporations, with proven capacities to develop and operate these types of projects/programs.

c. Eligible Projects
Funds can be used to provide direct assistance to the youth and families of the City of Santa Ana to increase and improve the public safety and public health of our residents.

EXHIBIT I

SCOPE OF SERVICES
City of Santa Ana
RFP No. 23-090A

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III. PARTNERSHIPS

A. Relationship Building
Limited partnerships whose general partners are otherwise eligible under the above are also eligible for Program funds.

B. Performance Monitoring

Grantee shall furnish all data, statements, records, information, and reports necessary for the City to monitor, review and evaluate the performance of the Scope of Services and its components. Grantee shall cooperate with the City in the conduct of any evaluation of Grantee's Services. Grantee shall further cooperate to incorporate minor modifications that may be discovered as necessary and appropriate as a result of feedback from the monitoring and evaluation process. Grantee recognizes and agrees that an evaluation of the Scope of Services may be completed after the expiration of the Term. The City shall have the right to request the services of an outside agent to assist in any such evaluation. Such evaluation services shall be paid for by the City.

1. Grantee shall submit regular Progress Reports regarding Grantee’s performance and compliance under this Agreement.

2. In addition to the Progress Reports required hereunder, Grantee shall participate in a client result evaluation (the "Evaluation") for the Scope of Services encompassing the Grantee’s performance during the entire Term. The Evaluation will be conducted in accordance with an Evaluation plan approved by the Manager. Grantee shall cooperate with the City in the development of the Evaluation plan and in its implementation.

3. In the event funding for another cycle is appropriated in future fiscal years, Grantee acknowledges and agrees that Grantee's future funding, if any, may be determined based on participation results of the evaluation processes described in this Section. The City shall use data in the evaluation of the Grantee's current performance and for the development of future performance targets, consistent with the evaluation system.

4. The Manager or his/her designee shall monitor the Grantee’s progress and performance of this Agreement. All services agreed to be performed by Grantee shall be conducted as set forth in this Section. The Parties agree that substantial involvement is expected between the Manager and the Grantee when carrying out the Scope of Services.

5. Grantee’s staff shall prioritize any referrals submitted by the Manager of the Homeless Services Division or assigned staff, that pertain to the services provided by the Grantee under the terms of the Agreement.

C. Wrap-Around Supportive Services
One of the most important elements of the Gang Prevention and Intervention Program is ongoing supportive services that are “wrapped around” at-risk youth and their families.

Service provider’s responsibilities in the course of this program shall include, but not be limited to:
a. Performing outreach and intake of targeted individuals for participation in the Program;
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b. Assessing youth and their families to prescribe/refer to services; c. Performing case management services for at-risk youth that will remove barriers to the successful achievement of independent living skills, attainment of employment skills, and greater self-determination;

Supportive Services are defined as services provided for the purpose of addressing the tenants’ condition of homelessness and enhancing the tenants' ability to maintain independent living. Supportive services must address the special needs of the tenants to be served. Typical services may include, but are not limited to:

a. Mental healthcare;
b. Trauma-Informed care
c. Advocacy and resource support and assistance such as i. Temporary Assistance to Needy Families (TANF),
ii. General Assistance,
iii. Cal Fresh,
iv. Money management/payee services;
v. Nutritional counseling; and
vi. Assistance in obtaining other resources and support for at-risk youth and their families such as clothing, and transportation, job training and job placement.

These services must be be provided directly or by arrangement with other service providers.

D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide the requested services.

E. Compliance with Federal and Local Regulations
All projects must comply with all applicable federal requirements contained in Exhibit III and 24 CFR 982, including, but not limited to, environmental review, labor and wage requirements, debarred contractors, lead-based paint and equal opportunity. Awardees should note:

Contract Requirements: All work shall be completed by licensed contractors

Labor Standards: Contracts over $10,000 must comply with Equal Opportunity-Affirmative Action requirements. All efforts shall be made to provide equal opportunity for employment without discrimination as to race, marital status, sex, color, age, religion, national origin or ancestry, and to seek out qualified local tradespeople for contracting and subcontracting bids.

Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.

F. Employement Opportunities to Santa Ana Residents
Vendor(s) shall solicit and advertise employment opportunities to Santa Ana residents. The City shall inform the Vendor(s) of areas to publicize recruitment opportunities, such as the Santa Ana WORK Center and community centers. Such effort and procedure will be provided to the City for review.

City of Santa Ana
RFP No. 23-090A

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

RECITALS

A. The City desires to retain a Consultant having special skill and knowledge in the field of:

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

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit II. The total amount to be expended during the term of this Agreement shall not exceed TBD

b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR

EXHIBIT II

SAMPLE AGREEMENT
SAMPLE
City of Santa Ana
RFP No. 23-090A

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

standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS

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

MINIMUM SCOPE AND LIMIT OF INSURANCE

The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award.

Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

Coverage shall be at least as broad as:

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

SAMPLE
City of Santa Ana
RFP No. 23-090A

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

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

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

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

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

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

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

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

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

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

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

RECORDS
Contractor 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.

CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall

include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available

sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

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

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

EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate 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.

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

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

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.

I. 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.

II. 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.

III. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this contract 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)
SAMPLE
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RFP No. 23-090A

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P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956

With courtesy copies to:

To Contractor:

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

IV. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement.

This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:

SAMPLE
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RFP No. 23-090A

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ATTEST: CITY OF SANTA ANA

Jennifer Hall Kristine Ridge
Clerk of the Council City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney

By:

Assistant City Attorney
Tax ID#

RECOMMENDED FOR APPROVAL:

(name)
(title)

SAMPLE
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RFP No. 23-090A

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SAMPLE ONLY

1. PARTIES: The parties to this Memorandum of Understanding (MOU) are _________________and the City of Santa Ana W/O/R/K Center ("Work Center").

2. PURPOSE: The Work Center, in conjunction with ___________________, endeavors to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about Work Center opportunities to find better jobs and careers. The MOU serves to establish the framework for providing services to employees, job seekers and others needing workforce services.

The goal is to ensure that all program beneficiaries have been provided an opportunity to connect with the Work Center and be assisted with the tools and !mow ledge necessary to enter the workforce or obtain a higherpayingjob.

3. RESPONSIBILITIES:

A) The Work Center shall perform the following:
1) Accept referrals to the Work Center.

B) ________________ shall perform the following:
1) Provide Work Center infonnation to participants and their families; and, 2) Refer participants in need of employment, training, or career counseling to the Work Center utilizing the referral form attached hereto as Attachment 1 and incorporated herein by reference.

4. DURATION: This MOU shall commence on TBD and shall remain in effect through TBD.

5. AMENDMENTS: Either party may propose amendments to this MOU at any time by providing written notice to the other party. Amendments to this MOU shall require the approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work Center,

6. CONFIDENTIALITY: If __________________ receives information, which due to the nature of such information is reasonably understood to be confidential and/ or proprietary, such information shall not be used or disclosed except in the performance of this MOU, and ________________ agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all non-public 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 MOU. The foregoing obligations of non-use and nondisclosure shall not apply to any infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault of _____________ disclosed in a publicly available source; (c) is in rightful possession of ______________ without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by ______________ without reference to information disclosed by the City of Santa Ana.

7. ACCESSABILITY: ORGANIZATION NAME will assure that its services and premises are accessible to persons with disabilities pursuant to the requirements of the Americans with Disabilities Act.

EXHIBIT III

COMMITMENT TO ENTER INTO MEMORANDUM OF UNDERSTANDING

WITH THE SANTA ANA WORK CENTER
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8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold harmless the other parties, their officers, agents, employees, and volunteers from and against any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons arising out of acts or omissions of the party or its officers, agents, employees or volunteers in the performance of this MOU.

9. DISPUTES: The parties shall first attempt to resolve all disputes infonnally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to resolve the dispute by holding an informal hearing with presentations by both parties. If the City Manager's resolution efforts fail, any party may file a grievance with the City Manager for review and hearing. The parties agree to be bound by the final determination resulting from that procedure. Each party to bear its own costs associated with any grievance procedures.

10. DISCRIMINATION: _________________________ Shall not discriminate becoase of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as definied, and prohibited by applicable law, in the recruitment, selecton, training, utilization, promotion, termination or other employment related activities. ________________________ affirms that it is equal opportunity employer and shall comply with all applicable federal, state, and local laws and regulations.

11. SEVERABILITY: If anyprut of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force.

12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in Orange County, California.

AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing.

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SAMPLE ONLY

Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.

b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.

c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.

d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.

e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.

f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.

g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".

h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer

EXHIBIT IV

FEDERAL REGULATIONS
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or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.

I. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.

j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.

k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.

l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.

(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

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Additionally, contractors are required to pay wages not less than once a week.

n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.

p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.

q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.

r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.

s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:

(1) the copyright in any work developed through this Agreement; and

(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.

t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As described in Public Law 115-232, section 889, covered telecommunications equipment is:

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

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(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(3) Telecommunications or video surveillance services provided by such entities or using such equipment.

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

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(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

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

(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

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

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

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

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Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Qualifications. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.

__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS

__________________________________________________________________________________

BUSINESS ADDRESS

__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE

__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS

__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT A

PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
City of Santa Ana
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List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications.

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

__________________________________________________________________________________

REFERENCE

Customer Name:_________________________Contact Individual: ____________________________

Address: ________________________________Phone Number:

_______________________________ EMAIL: ____________________________________

Contract Amount: ________________________Year: ______________________________________

Description of supplies, equipment, or services provided:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B

REFERENCES
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Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________

Signed and Printed Name: ______________________________________________________________

Title ________________________________________________________________________________

Date

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C

PROPOSER’S STATEMENT
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(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the CITY OF SANTA ANA

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

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

Signed____________________________________________________________________________

State of ________, County of __________________________________________________________

Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

________________________
Notary Public Signature Notary Public Seal

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT D

NON-COLLUSION AFFIDAVIT
City of Santa Ana
RFP No. 23-090A

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The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

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

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT E

NON-LOBBYING CERTIFICATION
City of Santa Ana
RFP No. 23-090A

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The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

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

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

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

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

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

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

7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract

ATTACHMENT F

NON-DISCRIMINATION CERTIFICATION
City of Santa Ana
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or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

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

Signed:

Title:

Firm:

Date:

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On April 4, 2022, the federal government stopped using the DUNS Number to uniquely identify entities.

Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov.

They no longer have to go to a third-party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government.

This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity’s registration from SAM.gov, including UEI and active registration status.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G

SAM.GOV UE VERIFICATION
City of Santa Ana
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AGREEMENT BETWEEN NATI’S HOUSE AND

CITY OF SANTA ANA FOR GANG PREVENTION AND INTERVENTION PROGRAM

SERVICES
THIS AGREEMENT is made and entered into on this day of , 2023 by and between Nati’s House dba Neutral Ground, a California nonprofit corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). The City and Consultant shall be collectively referred to as “Parties.”

RECITALS
A. On June 1, 2023, the City issued a Request for Proposal No. 23 -090A (“RFP 23-090A”), by which it sought qualified contractors to provide special skill and knowledge in the field of gang prevention and intervention program services that promote a proactive, preventative approach to addressing concerns with at-risk youth and gang activity.

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

Consultant represents that Consultant is able and willing to provide services to the City that were described in the scope of work included in RFP 23-090A.

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

1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Scope of Work that was included in RFP 23 -090A, which is attached as Exhibit A , and incorporated in full, a nd as summarized in Consultant’s Scope of Work and Budget , which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges ide ntified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $200,000 annually, for a total of $400,000 including extension period. The total not-to-exceed amount for the aggregate amount available to all the retained consultants shall be $800,000, including extension period.

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3. TERM

This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to a one , one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earli er in accordance with Section 17, below.

4. PREVAILING WAGES

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

5. INDEPENDENT CONTRACTOR

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

6. OWNERSHIP OF MATERIALS

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

7. INSURANCE

Minimum insurance requirements are as follows:

Certificate Holder must be addressed as follows:

City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors.

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

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

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Professional Liability 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.

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

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

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

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

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

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

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

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

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

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

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

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 the Consultant’s obligation to provide them.

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

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.

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.

8. INDEMNIFICATION

Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including d eath, 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 tha t personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity EXHIBIT 2

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shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

9. INTELLECTUAL PROPERTY INDEMNIFICATION

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

10. RECORDS

Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from th e 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 d ocuments 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.

11. CONFIDENTIALITY

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

12. CONFLICT OF INTEREST CLAUSE

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

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13. 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: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988

Executive Director
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, CA 92702

To Consultant: Natividad Alvarado
Chief Executive Officer
Nati’s House dba Neutral Ground
1920 E. 17th Street
Santa Ana, CA, 92705
Fax:

14. EXCLUSIVITY AND AMENDMENT

This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any EXHIBIT 2

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party, which is not embodied herein.

15. 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 th e City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.

16. WAIVER

17. TERMINATION

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

18. NON-DISCRIMINATION

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

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19. JURISDICTION - VENUE

20. 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 Californ ia, 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.

21. FUNDING-RELATED PROVISIONS

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:

a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);

b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act;

c. Treasury Compliance and Reporting Guidance for the Act;

d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exc eptions as may be otherwise provided by the U.S. Department of the Treasury;

e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions ; and

f. Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required EXHIBIT 2

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under federal law or regulation, the more stringent requirement shall control.

22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

ATTEST: CITY OF SANTA ANA

Jennifer Hall
City Clerk City Manager

APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT: NATI’S HOUSE DBA
City Attorney NEUTRAL GROUND

By:

Andrea Garcia-Miller By: Natividad Alvarado
Assistant City Attorney Title: Chief Executive Officer

RECOMMENDED FOR APPROVAL:

Michael Garcia
Executive Director
Community Development Agency

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EXHIBIT A

Scope of Work

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CITY OF SANTA ANA

III. PARTNERSHIPS

A. Relationship Building
Limited partnerships whose general partners are otherwise eligible under the above are also eligible for Program funds.

B. Performance Monitoring

1. Grantee shall submit regular Progress Reports regarding Grantee’s performance and compliance under this Agreement.

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CITY OF SANTA ANA

These services must be be provided directly or by arrangement with other service providers.

D. Eligible Uses and Activities
Program funds can be used to enter into an Agreement with eligible organizations that will provide the requested services.

Contract Requirements: All work shall be completed by licensed contractors

Accessibility: All projects must comply with the federal Section 504 Disabled Accessibility regulations contained in Sections 8.22 and 8.23 of Subpart C, 24 CFR Part 8.

City of Santa Ana
RFP No. 23-090A

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EXHIBIT B

Consultant’s Scope of Work and Budget

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Organization Name
Program Name
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
$137,280 $137,280
$0 $0
$1,500 $1,500
$2,000 $2,000
$1,530 $1,530
$1,500 $1,500
$8,000 $8,000
$30,000 $30,000
$181,810 $181,810
Indirect Costs 10% $18,181 $18,181
$199,991 $199,991
* Indirect cost rate: 10%
TOTAL 199,991$
NG Gear/ Merchandise
FISCAL YEAR 2023-2024

PROGRAM BUDGET
Gang Prevention and Intervention
Natis House dba Neutral Ground

EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:

Category
Administrative Staff Salaries
Program Staff Salaries
Contractual/Professional Services
Office Supplies
Funding Source Total must equal Program Budget Total listed above.

Excursions
Food Resources
Insurance
Office Space Rental
TOTAL Direct Costs

PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2023-2024

TOTAL BUDGET
Non-Federal entity without federaly recognized negotiated indirect cost rate, will charge a de minimis rate of 10% of modified total direct costs.

FUNDING SOURCE
The City
AMOUNT
199,991$
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ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description

PROGRAM STAFF
Position Title
Annual Salary
& Benefits
Revive Funds
Requested Description
Family Case Manager $ 32,032 $ 32,032 Part-Time position Community Intervention
Workers $ 105,248 $ 105,248 2 Full-Time positions Type of Service
Contract
Amount
Revive Funds
Requested Description

OTHER LINE ITEMS
Line Item
Program
Amount
Revive Funds
Requested Description
Office Supplies $ 1,500 $ 1,500 office supplies for programmatic purposesNe tral Gro n /merchandise $ 2,000 $ 2,000 gear/merchandise for programmatic purposes Excursions $ 1,530 $ 1,530 field trips for participants Food Resources $ 1,500 $ 1,500 food/snacks for participants Insurance $ 8,000 $ 8,000 insurance for program Office Space Rental $ 30,000 $ 30,000 space rental for program 2023-2024 REVIVE BUDGET LINE ITEMS

CONTRACTUAL/PROFESSIONAL SERVICES
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EXHIBIT C

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON -FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted constructio n contract” in 41 CFR § 60 -1.3, Consultant agrees as follows during the performance of this Agreement:
(i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for tra ining, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensat ion of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, includ ing an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement o r other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's EXHIBIT 2

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commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports re quired by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor f or purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consulta nt will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or su bdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may EXHIBIT 2

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require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addit ion, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) fo r this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the cas e to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or sh e is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was requ ired or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor EXHIBIT 2

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withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consu ltant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defin ed at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

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(ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Consultants that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also dis close any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase p rice of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site , https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
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(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment , services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115 –232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise co nnected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) EXHIBIT 2

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(a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and mino rity businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the fo regoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector Gene ral and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of cond ucting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including , without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

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(ii) Reporting Subaward and Exec utive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementi ng regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohib iting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

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(d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on -the-job seat belt policies and programs for their empl oyees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.

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(h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or n ational origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of natio nal origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibite d under Title VI of the Civil Rights Act of 1964.

Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.
(iii) Consultant agrees to consider the need for language s ervices for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is bin ding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulation s between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this EXHIBIT 2

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contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obliga tes the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non -compliance of Title VI and efforts to address the non -compliance, including any voluntary compliance or other agreements between the Cons ultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administra tive agency finding of discrimination, please so state.
(x) If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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Santa Ana City CouncilNovember 7, 2023

Santa Ana City Council
November 7, 2023