two projects in support of the Department’s commitment to the Community Oriented Policing philosophy to address public safety issues.
1. The first project will focus on targeted crime suppression activities. This project aims to improve and enhance the community's safety with outreach and proactive enforcement efforts to address violent crime and quality of life issues in specific targeted areas throughout the City on an overtime basis.
2. The second project will emphasize building community engagement through youth programming. This project will provide funds for the Santa Ana Police Athletic & Activity League (SAPAAL) program, providing additional resources for activities that enhance the bond between kids and cops. These activities may include local field trips to recreational locations, softball, and baseball teams, additional tutoring services, etc.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $110,336 in Law Enforcement Grants account (no. 12814002-various), and appropriate same to the Byrne Justice Assistance expenditure accounts for expenditure in future fiscal years as follows:
Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.
Description
Amount
FY 23-24 12814409-
61040
Law Enforcement
Grants
Byrne Justice
Assistance,
Salaries Overtime
$ 10,000
FY 24-25 12814409-
various
Law Enforcement
Grants
Byrne Justice
Assistance, Various $ 85,336
FY 25-26 12814409-
various
Law Enforcement
Grants
Byrne Justice
Assistance, Various $ 15,000
Total $ 110,336
Any remaining balances not expended at the end of each fiscal year will be presented to the City Council for approval of carryovers to the subsequent fiscal year.
EXHIBIT(S)
1. Memorandum of Understanding with County of Orange, Sheriff's Department Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Steven A. Mendoza, Acting City Manager
City Council 26 – 2 11/21/2023
Exhibit 1
City Council 26 – 3 11/21/2023
MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF ORANGE {SHERIFF) AND THE CITY OF SANTA ANA TO DISTRIBUTE THE 2023 EDWARD BYRNE MEMORIAL FUND - JUSTICE ASSISTANCE GRANT "JAG"
AWARD #lSPBJA-23-GG-03185-JAGX AWARD DATE: 09/25/23 ACCEPTANCE DATE: 10/17/23 The County of Orange (Sheriff) will determine the validity of each project included in the application and subsequent awards. JAG funding will support criminal justice initiatives under one or more allowable program areas above.
This award is subject to all terms and conditions of the grant and administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash on hand. Should you not adhere to these requirements, you will violate the terms of this agreement, and the award will be subject to termination for cause or other administrative action as appropriate.
THE UNDERSIGNED PARTIES HERETO ACKNOWLEDGE THE GRANT AWARD AND THAT FUNDS WILL BE RECEIVED PURSUANT TO THE TERMS OF THIS MOU.
COUNTY OF ORANGE
ORANGE COUNTY SHERIFF DON BARNES on behalf of
COUNTY EXECUTIVE OFFICER, FRANK KIM
ORANGE COUNTY SHERIFF'S DEPARTMENT
FINANCIAL/ ADMINISTRATIVE SERVICES DIVISION
FINANCIAL DIRECTOR
SANTA ANA CITY
SANTA ANA POLICE DEPARTMENT
ACTING CHIEF OF POLICE, ROBERT RODRIGUEZ
APPROVED AS TO FORM
Wendy J. Phillips, Senior Deputy
Office of Orange County Counsel
AUTHORIZED SIGNATORY
AUTHORIZED SIGNATORY
21Page City Council 26 – 4 11/21/2023
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
_______________________
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _______________________
TAMARA BOGOSIAN
Senior Assistant City Attorney
CITY OF SANTA ANA
_______________________
STEVEN A. MENDOZA
Acting City Manager
RECOMMENDED FOR APPROVAL:
________________________
ROBERT RODRIGUEZ
Acting Chief of Police
City Council 26 – 5 11/21/2023
Recipient Agency Government Type Direct Allocation
Orange County Admin
Fee (10%) Project Amount
ORANGE COUNTY (SHERIFF) County $ 22,327 $ 2,233 $ 27,859 ANAHEIM CITY Municipal $ 97,817 $ 9,782 $ 81,736
BUENA PARK CITY Municipal $ 18,831 $ 1,883 $ 15,736
COSTA MESA CITY Municipal $ 31,495 $ 3,150 $ 28,346
FULLERTON CITY Municipal $ 31,028 $ 3,103 $ 27,925
GARDEN GROVE CITY Municipal $ 41,957 $ 4,196 $ 37,761
HUNTINGTON BEACH CITY Municipal $ 36,011 $ 3,601 $ 32,410 LA HABRA CITY Municipal $ 11,205 $ 1,121 $ 10,085
IRVINE CITY Municipal $ 13,766 $ 1,377 $ 12,389
NEWPORT BEACH CITY Municipal $ 11,012 $ 1,101 $ 9,911
ORANGE CITY Municipal $ 14,316 $ 1,432 $ 12,884
PLACENTIA CITY Municipal $ 14,977 $ 1,498 $ 13,479
SANTA ANA CITY Municipal $ 122,595 $ 12,260 $ 110,336
TUSTIN CITY Municipal $ 11,315 $ 1,051 $ 10,264
WESTMINSTER CITY Municipal $ 22,135 $ 2,214 $ 19,922
TOTALS $ 500,787 $ 49,998 $ 451,042
2023 ORANGE COUNTY CA LOCAL JAG ALLOCATIONS
Edward Byrne Memorial Justice Assistance Grant Program FY 2023 Local Solicitation CFDA# 16.738 City Council 26 – 6 11/21/2023
Police Department
www.santa-ana.org/police
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
TOPIC: Urban Areas Security Initiative Program Training Services
AGENDA TITLE
Approve Agreements with Mission-Centered Solutions, Inc. in the Amount of $189,875 and Utility Response Training Associates, LLC in the Amount of $134,600 to Provide Training Services for the Urban Area Security Initiative Grant Program (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute three-year agreements, with two one-year renewal options, with the following two vendors to provide on-going training deliverables to the Anaheim/Santa Ana Urban Area on an as-needed basis, for the period of November 21, 2023 through November 20, 2026 in an aggregate amount not to exceed $324,475, subject to non-substantive changes approved by the City Manager and City Attorney:
• Mission-Centered Solutions, Inc. – total amount not to exceed $189,875 (Agreement No. 2023-XXX)
• Utility Response Training Associates, LLC – total amount not to exceed $134,600(Agreement No. 2023-XXX)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The United States Department of Homeland Security, Federal Emergency Management Agency, has developed the Urban Areas Security Initiative (UASI) funding program.
This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency Appropriation Adjustment and Agreements for UASI Funded Training services first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects which include the grant funded procurement of training, exercises, and equipment utilized by the 34 jurisdictions in Orange County.
City Council 27 – 1 11/21/2023
Urban Areas Security Initiative Program Training Services November 21, 2023
In an effort to address the unique needs of a high-density, high-threat urban area, the Anaheim/Santa Ana Urban Area (ASAUA) allocates a set percentage of its annual grant allocation to fund training for the Orange County region. With oversight from the Santa Ana Police Department Homeland Security Division, the ASAUA Homeland Security Regional Training Program is designed to provide the ASAUA stakeholders with regional training necessary to meet the goals and objectives set forth in the ASAUA' s homeland security strategy and target capabilities identified in the Threat and Hazard Identification and Risk Assessment (THIRA). The goal of these agreements is to enhance the capabilities of the current program by providing access to a wide range of training in support of a comprehensive and regional approach.
In July of 2023, the Police Department issued three Request for Proposals (RFP #23- 110A, #23-111A, and #23-114A) to identify and qualify suitable vendors capable of delivering a broad choice of homeland security related training courses taught by subject matter experts and/or recognized professionals in the field of fire, public health, and emergency management. Additionally, the RFP sought to identify and qualify suitable vendors who are capable of developing and delivering a broad range of homeland security related trainings.
The three (3) RFPs were advertised on July 13, 2023 and proposals were solicited. A summary of the proposals and offers received is as follows:
1,254
24 Vendors were notified
Santa Ana vendors notified
76 Vendors downloaded the RFP
13 Proposals received
0 Proposals received from a Santa Ana vendor
Proposals were opened on August 10, 2023 and evaluated. An evaluation team reviewed and rated all proposals received to determine if necessary qualifications were met. The proposals were evaluated and scored according to criteria identified within the RFP, including Responsiveness to RFQ (15%), Experience of Firm and Personnel (50%), Reasonableness of Cost (25%), and References (10%).
Of the thirteen (13) proposals received, twelve (12) were determined to be responsive and qualified based on their response to the specifications and requirements identified by the City. After the evaluation process, the Santa Ana Police Department Homeland Security Division selected two vendors, Utility Response Training Associates, LLC and Mission-Centered Solutions, Inc. to provide training courses on an as-needed basis.
The addition of Utility Response Training Associates, LLC and Mission-Centered Solutions, Inc. as vendors will support the Homeland Security Training Program to enhance capabilities across multiple disciplines and jurisdictions. Mission-Centered Solutions, Inc. will provide fire service leadership training courses in the total amount of City Council 27 – 2 11/21/2023
Urban Areas Security Initiative Program Training Services November 21, 2023
$189,875 over the course of grant FY 2021 through FY 2023, and if the agreement is extended, FY 2024 and FY 2025. Utility Response Training Associates, LLC will provide emergency management courses in the total amount of $134,600 over the course of grant FY 2021, FY 2022 and FY 2023, and if the agreement is extended, FY 2024 and FY 2025.
FISCAL IMPACT
Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets and carryovers for City Council consideration as follows:
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit –
Account No. Description Amount
FY 23-24 12514407-62300 OES UASI UASI Santa Ana, Contract Services-Professional $64,895
The account number may change in the future to no.12514491-62300, depending upon which UASI grant FY funds are used for these specific training projects. All are subject to future grant approval.
EXHIBIT(S)
1. Agreement with Mission-Centered Solutions, Inc.
2. Agreement with Utility Response Training Associates, LLC Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Steven A. Mendoza, Acting City Manager
City Council 27 – 3 11/21/2023
AGREEMENT WITH MISSION CENTERED SOLUTIONS TO PROVIDE TRAINING
COURSES AND EXERCISES FOR THE ANAHEIM / SANTA ANA URBAN AREA
ON AN AS-NEEDED BASIS
THIS AGREEMENT is made and entered into on this 21s' day ofNovember, 2023 by and between Mission Centered Solutions, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").
RECIT ALS
a. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for Qualifications No. 20-062 ("RFQ") by which it sought to identify and qualify suitable vendors capable of delivering a broad choice of homeland security-related training courses and exercises conducted byprofessionals inthe fields of law, fire, public health, emergency management and cybersecurity.
b. The training courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and are funded by a grant awarded to the City by the Homeland Security's Urban Areas Security Initiative, ("UASI") administered by SAPD. The ASAUA consists of the incorporated cities in Orange County and the police departments of the University of Califomia, Irvine, California State University, Fullerton, and cornrnunity colleges in the County of Orange. c. Through SAPD, the training and exercise programs are made available to agencies in the ASAUA on an as-needed basis to enhance domestic preparedness for acts of terrorism. d. SincetheCityhasaneedforadditionalvendors,onJulyl3,2023,theCityissuedRequest for Proposals No. 23-114A. ("RFP"), by wich it sought proposals from qualified firms and organizations ("Proposers") to provide training courses at various locations within the ASAUA on an on-call basis in support of the following categories of LC-380/CA-002- PREV At the Point of the Spear: Fire Service Leadership or At the Point. e. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA. Such services will be provided in accordance with agency needs and/or fund availability at the discretion of the City.
f. Contractor submitted a responsive proposal that was among those selected by the City. g. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
Exhibit 1
City Council 27 – 4 11/21/2023
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as-needed basis, and at the sole discretion of the City, Contractor shall conduct the training and/or exercise programs described in the Scope of Services provided in the RFP and attached hereto as Exhibit A. Contractor's proposal is incorporated by reference as though fully set foith herein. In the performance of all services, Contractor shall comply and provide the required training/classes as set forth in Exhibit B, attached hereto.
2. CHANGE ORDERS/ AMENDMENTS
a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats, the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change Order provision to request other training and exercise courses at the City's request. Change Orders will be used to approve training and/or exercises and can modify the existing scope of work for specialty and other ad-hoc training and exercises on an as needed basis. Change Orders will be drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded to the Chief of Police and the City Manager for the City of Santa Ana or their designees for approval.
b. Any change order that contains any terms contrary to services provided within this Agreement shall be void, unless City and Contractor have expressly agreed in a writing, requiring approval by the City Manager and the City Attorney's office. Contractor agrees and understands that substantive changes to the terms of the Agreement are subject to approval by the City Council.
3. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C, attached hereto. Any compensation payable to Contractor shall be paid from a portion of the above-referenced UASI grant awarded to the City.
The total amount to be expended during the ternn of this Agreement shall not exceed $189,875. b. Payment by City shall be made within foity-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.
4. TERM
This Agreement shall commence on the date first written above tmough November 20, 2026, with the option for the City to grant up to two (2), one (l) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 18, below.
City Council 27 – 5 11/21/2023
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of tis Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor perfomis the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual propeity embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the iegal right to license any and all Documents & Data. Contractor makes no such representation and warrarity in regard to Documents & Data which were provided to Contractor by the City. City shall not be lirnited in any way in its use of the Documents and Data at any time, provided that any such use not witliin the purposes intended by this Agreement shall be at City's sole risk.
All materials or copyrights held by the paities previous to the agreement shall remain property of theoriginalowner. Noextensionoflicenseandrightsofpre-existingpropertyshallbeextendedorimplied unless explicitly identified.
7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property wich may arise from or in connection with the perfoimance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Foim 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.
City Council 27 – 6 11/21/2023
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance 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 City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum lim its of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Stahis
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in 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 101185 or if not available, tmough 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 0413 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, of volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
City Council 27 – 7 11/21/2023
Self-Insured Retentions
Self-insured retentions must be declared to and approved bythe City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M, Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (note - should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the begiruiing 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 car+celed 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 repoiting" coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the 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 Contractor's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors
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
Contractor agrees to defend, and shall indemnify and hold haimless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) for personal injury, City Council 27 – 8 11/21/2023
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 l of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asseiting 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.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. CONFORMITY WITH LAW AND SAFETY
In performing any services under tis Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over the scope of services, including all provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and consequences from any of Contractor's failures to comply with such laws, ordinances, codes, and regulations.
11. RECORDS
Contractor shall keep records and invoices in connection with the work to be perfoimed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period ofthree (3) years, or for any longer period required by law, from the date of final payment to Contractor under tis Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
City Council 27 – 9 11/21/2023
12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential infoimation disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
13. CONFLICT OF INTEREST CLAUSE
a. Contractorcovenantsthatitpresentlyhasnointerestsandshallnothaveinterests,directorindirect, which would conflict in any manner with performance of services specified under this Agreement. b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding, as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging sub-contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by the Contractor as a sub-contractor to provide the services provided in this Agreement, or any change order or amendment thereto.
14. 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 maru'ier 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
Fax: 714- 647-6956
City Council 27 – 10 11/21/2023
With couitesy copies to:
Chief of Police
City of Santa Ana
60 Civic Center Plaza
p.o. Box 1988
Santa Ana, California 92702
Fax: 714-245-8116
To Contractor:
Schelly K. 01son
Mission Centered Solutions Inc.
PO Box 969
Franktown, C0, 80116
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 foith above. If sent by fax, con'irnunication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission repoit 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.
15. 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 tis Agreement and any attacents hereto, the terms of this Agreement shall prevail.
Tis Agreement may not be modified except by written instniment signed by the City and by an authoiized representative of Contractor. The paities agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in tis 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.
City Council 27 – 11 11/21/2023
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of teimination, 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 propeity of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate b. Payment need not be made for work which fails to meet the standard of perfoimance specified in the Recitals of this Agreement.
19. NON-DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital stahis, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or militaiy and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal oppoitunity employer and shall comply with all applicable federal, state and local laws and regulations.
20. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, intetpretation, performance, and enforcement of any of the clauses of tis Agreement shall be determined and goveined 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.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the tetam of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessai'y for the provision of the services hereunder and required by the laws and regulations of the United States, the State of Califomia, the City of Santa Ana and all other City Council 27 – 12 11/21/2023
governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for teimination of this Agreement.
22. FEDERAJ, REGULATIONS
a. Recipient must comply with the goveinment cost principles, uniform administrative requirements and audit requirements for federal grant program housed witin 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 Pait 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed iiresponsible 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 tis 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. Repotts - 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. ArnericanswithDisabilitiesActofl990-(ADA)Recipientmustcomplywithallrequirementsof the Americans with Disabilities Act of 1990 (ADA), as applicable.
City Council 27 – 13 11/21/2023
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 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with 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 Pait 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. Depaitment 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 "Eqrial Employment Oppoitunity," 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.
1. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall coi'nply, with all requirements of the Copeland "Anti-Kickback" Act (30 U.S.C. 3145) as supplemented in Depaitment of Labor regulations (29 CFR Pait 3), as applicable.
City Council 27 – 14 11/21/2023
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 incoiporated by reference into tis 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. S,
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.
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. 740 1- 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 Depaitment 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.
City Council 27 – 15 11/21/2023
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 suppoit through tliis 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), wich 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).
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 Coiporation, 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 hitelligence 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 City Council 27 – 16 11/21/2023
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 perfornnance 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 fornns 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.
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. Tis provision shall not apply to instances in which an employee who has access to the compensation infornnation 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 fumish information.
City Council 27 – 17 11/21/2023
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 cornrnitments 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 infornnation 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 asceitain 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 poition of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) tmough (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. w. Termination for Cause and Convenience - Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
23. MISCELLANEOUS PROVISIONS
Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective paities to each of the teims 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.
The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the paities is superseded by this Agreement. This shall not apply where the Paities are cunently engaged and Contractor is providing services not contemplated by this Agreement.
City Council 27 – 18 11/21/2023
C. All Exhibits referenced herein andattachedhereto shall be incozporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed tis Agreement the date and year first above Written,
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
Steven A. Mendoza
Acting City Manager
MISSION CENTERED SOLUTIONS INC:
Schel)y K. 01son
RECOMMENDED FOR APPROVAL:
David Valentin
Chief of Police
City Council 27 – 19 11/21/2023
EXHIBIT A
CITY OF SANTA ANA
EXHIBITI
SCOPE OF SERVICES
REQUIREMENTS
The specific requirements of this RFP have been listed in Section 11.
II. TRAINING COURSE(S)
A. ASAUA requires training courses in the following specific disciplines:
* Training Request for: CA-002-PREV Fire Training for At the Point of the Spear: Fire Service Leadership.
Minimum Requirements:
Availability to conduct up to a total of five (5) deliveries of the training by the end of the term of the contract.
The first training must be conducted no later than January 31, 2024.
Course Name: Fire Training: L-380/CA-002-PREV/ At the Point of the Spear: Fire Service Leadership; or: At the Point of the Spear: Leading and Preparing Emergency Response Units Course Description: Develop and deliver up to five (5) fire service leadership trainings addressing the unique needs of fire professionals. This course directs the professional towards a historical understanding of fire leadership from past to present day. The objective of this training is to instruct first-line leaders of emergency response units in the core cultural attitudes and behaviors that enable them to lead high-functioning teams in high-risk operations. The program covers topics such as memory and conduct, leadership impact and adaptability, team building and learning, error resiliency, stress management, accountability and standards, communication and conflict resolution, and ethical leadership. The program uses a mix of theory and principles with a nexus to terrorism, classroom exercises, case examples, and field exercises to provide realistic application opportunities for the students and develops first-line leaders. The program is based on established u.s. military programs and follows the principles of At the Point of the Spear:
Leading and preparing emergency response units.
The program duration is 36 to 38 hours and the target audience is first-line leaders of emergency response units.
The proposer will provide resumes of the staff to be assigned to this training request, detailing their prior experience.
Number of Deliveries Being Requested: Up to 5
Number of Students per Delivery: Minimum of 12 students (max 25 students) 23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 17 of 43 City Council 27 – 20 11/21/2023
CITY OF SANTA ANA
Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:
* Classroom with space to arrange students in groups
* Audio/\/isual Equipment
* Multiple easels, dry erase board, and markers
* Offsite location (if necessary to be outside classroom) Responsibilities of the Training Provider:
* Professional instruction
* Laptop
* Presentation & training aids.
Transpofation of students to any offsite location/or arrange students to carpool * Role players (if necessary)
* Training radios (if necessary)
* Safety equipment (PPE) (if necessary)
* Turnout or brush coats (if necessary or different from normal attendee attire) Environmental & Historic Preservation (see Section E. below) * Any travel related costs
Notice to Respondents:
All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
B. Contractor shall conduct training courses at various locations/venues within the ASAUA.
C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants.
D. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal.
E. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at: http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininqinstitute and the DHS website at: https://www.fema.gov/traininq for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
F. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum.
23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 18 of 43 City Council 27 – 21 11/21/2023
CITY OF SANTA ANA
G. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request.
H. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period.
1. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses.
J. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems.
K. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.
L. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hour lunch break. Schedule should include regular breaks on a 50/10 break ratio - for every fiffy (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum.
M. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
N. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
0. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will begin at this time.
P. Depending on the training, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals.
Q. A list of "approved" courses is available from Cal OES at www.caloes.ca.qov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/traininq 23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 19 of 43 City Council 27 – 22 11/21/2023
CITY OF SANTA ANA
R. Contractors are responsible for providing all course materials and delivering it to the site(s) of al( training at their cost.
S. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue.
T. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
U. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications
V. Contractor may not charge the City for materials brought to the class that are not utilized.
W. Proposers may be selected to provide training based on their expertise within a specific discipline. * Fire Training: L-380/CA-002-PREV/ At the Point of the Spear: Fire Service Leadership/ At the Point of the Spear: Leading and Preparing Emergency Response Units X. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee.
Y. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will aSsist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
Ill. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. CourseSurveys/Evaluations
1. Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost. 23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 20 of 43 City Council 27 – 23 11/21/2023
CITY OF SANTA ANA
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and signin sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign-in sheets.
D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students.
IV. QuANTITIES FOR TRAINING COURSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.
V. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freighUdelivery charges are to be included.
C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used.
There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.
F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages.
Vl. AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFP will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval.
F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP. 23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 21 of 43 City Council 27 – 24 11/21/2023
CITY OF SANTA ANA
Vll. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.
B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall be emailed to:
Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz(@santa-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
* City PO number (if applicable);
* Invoice number;
* Agreement number;
* Remit to address;
* Itemized services;
* Course description
* Pricing as per agreement;
* Instructor name;
Number of participants;
* Course date(s); and
* Shall be accompanied by acceptable proof of delivery.
F. Proposer shall utilize standardized invoices upon request.
Vlll. ACCOUNT MANAGER / SUPPORT ST AFF FOR TRAINING COURSES A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account/agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP.
B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:00AM - 5:00PM PST, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems.
C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.
D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments.
IX. QUALIFICATIONS - HOMELAND SECURITY EXERCISE EXPERIENCE 23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 22 of 43 City Council 27 – 25 11/21/2023
CITY OF SANTA ANA
* Proposer should be experienced and proficient in the design and delivery of relevant homeland security training as it pertains to the aforementioned course and in accordance with HEESP guidelines.
23-114A L-380 Fire Training-CA-002 Prev Fire Servies Leadership Training Services Page 23 of 43 City Council 27 – 26 11/21/2023
EXHIBIT B
23-114A STATEMENT OF QUALIFICATIONS
Mission-Centered Solutions, Inc.
August 23, 2023
1. SERVICES PROVIDED
Course Name: i-:iso I @k-i>o'x-pJ
At the Point of the Spear: Fire Service Leadership
Scope:
Mission-Centered Solutions, Inc., (MCS) is responding to a request for a quote to provide up to five (5) programs of leadership training for the fire service, addressing the unique needs of fire professionals.
This course directs the professional toward a historical understanding of fire leadership from past to present day. Tlie objective of this training is to instruct first-line leaders (senior firefighters, engineers, company captains and battalion chiefs) of emergency response units in the core cultural attitudes and behaviors that enable them to lead high-fiu'ictioning teams in high-risk operations. The program covers topics such as t'nemory and conduct, leadership impact and adaptability, team building and learning, error resiliency, stress managei'nent, accountability and standards, commrinication and conflict resolution, and ethical leadersliip. The program uses a mix of theoiy and principles with a nexus to classroom exercises, case examples, and field exercises to provide realistic application opportunities for the participants. The program is based on established U.S. military programs and follows tlie principles of At the Point of the Spear: Leading and preparing emergency response units.
Course Description:
At the Point of the Spear.' Leading andpreparing emergency response rmits focuses on helping response leaders build more cohesive, adaptive, and resilient teams. This program teaches principles for leading in high-risk and high-stress envirorunents, building team cohesion, and resolving conflicts and problems within the team. Using a mix of theoiy, case studies, classroom exercises, and field exercises, this interactive program is designed to reinforce mission-driven operational culture at the team level and to provide a framework from whicli to launch future organizational development. This program is appropriate for fire service captains, battalion cliiefs and emergency leaders. It is approved by the u.s.
Department of Homeland Security (DHS)'s Federal Emergency Management Agency (FEMA) as CA002-PREV in the State and Federal Sponsored Training Catalog and certified by the National Wildfire Coordinating Group (NWCG) as meeting the L-380 certification standard. MCS is the only provider of this dual certified program worldwide.
Mission-Centered Solutions, Inc.
City Council 27 – 27 11/21/2023
EXHIBIT C
x3-ii4ASTA OF QUALIFICAIIONS
Mission-Centered Solutions, Inc.
August 23, 2023
5. COST PROPOSAL
DAIES DESCRu'nON LOCATION COST per COURSE
20232026 DHS CA-002-PREV
At the Point ofthe Spear:
Fire Semce Leaderihip
TBD $37,975.00" each
'MCS-pravidmltvdeplayrs. a*ntrdeplayws,deductSl,500.00frrimmchcourse Items NOT included iii cost:
1. Salary, tmvel per dian and other related costs associated with client site logistics support personnel and pmticipants. or any other non-MCS pasonnel assisting at the client's behest 2 Facilitycosts,includingcostsforprovidingeaselpadsandpresaitationsaeens.
3. Tmnsporlationmidassociatedcostsforpatticipantstoandfomfiddexercises.
4. Fieldequipmaitforthepanicipants,suchastwo-wayradiosandvehiclestosupport the field exacises.
5- Compensation (overtime. compensation tme. etc.) needed to enable sffidents to participate in the after-hours tmig exacise.
Mission-Centered Solutions. Inc.
Page u
City Council 27 – 28 11/21/2023
AGREEMENT WITH UTILTIY RESPONSE TRAINING ASSOCIATES LLC TO PROVIDE
TRAINING COURSES AND EXERCISES FOR THE ANAHEIM / SANTA ANA URBAN AREA
ON AN AS-NEEDED BASIS
THIS AGREEMENT is made and entered into on this 21st day of November, 2023 by and between Utility Resporise Training Associates LLC, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ((( (2 la t yl ! )
RECIT ALS
a. On August 10, 2020, the Santa Ana Police Department ("SAPD") issued Request for Qualifications No. 20-062 ("RFQ") by which it sought to identify and qualify suitable vendors capable of delivering a broad choice of homeland security-related training courses and exercises conducted byprofessionals in the fields of law, fire, public health, emergency management and cybersecurity.
b. The training courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and are funded by a grant awarded to the City by the Homeland Security's Urban Areas Security Initiative, ("UASr') administered by SAPD. The ASAUA consists of the incorporated cities in Orange County and the police departments of the University of California, Irvine, California State University, Fullerton, and community colleges in the County of Orange. c. Through SAPD, the training and exercise programs are made available to agencies in the ASAUA on an as-needed basis to enhance domestic preparedness for acts of terrorism. d. SincetheCityhasaneedforadditionalvendors,onJulyl3,2023,theCityissuedRequest for Proposals No. 23-112A, and 23-110A ("RFPs"), by which it sought proposals from qualified firms and organizations ("Proposers") to provide training courses at various locations within the ASAUA on an on-call basis in support of the following categories of G-191: ICS/EOC Interface Workshop Training Services, and G-775: Emergency Operations Center (EOC) Management & Operations Training. e. These courses are in support of the Anaheim/Santa Ana Urban Area ("ASAUA") Homeland Security Regional Training and Exercise Program and will be paid in part or in full with funding from the United States Department of Homeland Security's Urban Areas Security Initiative (UASI) grant. Funding from this grant is applied to homeland security related training, exercises, equipment, and projects in the ASAUA. Such services will be provided in accordance with agency needs and/or fund availability at the discretion of the City.
f. Contractor submitted responsive proposals to both RFPs and was among those selected by the City.
Exhibit 2
City Council 27 – 29 11/21/2023
g. In undertaking the performance of tis Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an as-needed basis, and at the sole discretion of the City, Contractor shall conduct the training and/or exercise programs described in the Scope of Services provided in the RFPs and attached hereto as Exhibit A. Coritractor's proposals are incorporated by reference as though fully set forth herein. In the performance of all services, Contractor shall comply and provide the required training/classes as set forth in Exhibit B, attached hereto.
2. CHANGE ORDERS/ AMENDMENTS
a. To maintain flexibility that allows first responders to address emerging and unforeseeable threats, the ASAUA Homeland Security Regional Training and Exercise Program will utilize a Change Order provision to request other training and exercise courses at the City's request. Change Orders will be used to approve training and/or exercises and can modify the existing scope of work for specialty and other ad-hoc training and exercises on an as needed basis. Change Orders will be drafted by the UASI Grant Coordinator, reviewed and approved by the Contractor, then forwarded to the Chief of Police and the City Manager for the City of Santa Ana or their designees for approval.
b. Any change order that contains any terms contrary to services provided within this Agreement shall be void, unless City and Contractor have expressly agreed in a writing, requiring approval by the City Manager and the City Attorney's office. Contractor agrees and understands that substantive changes to the terms of the Agreement are subject to approval by the City Council.
3. COMPENSATION
a. CityneitherwarrantsnorguaranteesanyminirnumormaximumcompensationtoContractorunder this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C, attached hereto. Any compensation payable to Contractor shall be paid from a portion of the above-referenced UASI grant awarded to the City.
The cost for G-775 EOC Management & Operations Training Service shall not exceed $84,000, and the cost for G-191 ICS/EOC Interface Workshop Training Services, shall not exceed $50,400.
The total combined amount to be expended during the term of this Agreement shall not exceed $134,600.
City Council 27 – 30 11/21/2023
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.
4. TERM
This Agreement shall commence on the date first written above through November 20, 2026, with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 18, below.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. Tis Agreement is not intended nor shall it be construed to create an employer-employee relationsip, a joint venture relationsip, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, wich are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data wich were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
7. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property wich may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
City Council 27 – 31 11/21/2023
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, ired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Professional Liability (Errors and Omissions) Insurance 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 City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations 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 Fornn CG 20 10 1185 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 0413 as respects the City, its officers, officials, employees, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
City Council 27 – 32 11/21/2023
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the reterition. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.
Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies (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. hisurance 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 purcliase "extended reporting" coverage for a minimui'n of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the 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 Contractor's obligation to provide them.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.
City Council 27 – 33 11/21/2023
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. INDF,MNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (l) 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 tis Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asseiting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal orproperty 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.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend and indernnify the City, its officers, agents, representatives, and employees against any ai'id all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.
10. CONFORMITY WITH LAW AND SAFETY
In performing any services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes, and regulations of governmental agencies, including federal, state, municipal, and local governing bodies having jurisdiction over the scope of services, including all provisions of the California Occupational Safety and Health Act. Contractor shall indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and conseqciences from any of Contractor's failures to comply with such laws, ordinances, codes, and regulations.
11. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a City Council 27 – 34 11/21/2023
minimum period oftbree (3) years, or for any longerperiod required by law, fromthe date of final payment toContractorunderthisAgreement. Allsuchrecordsandinvoicesshallbeclearlyidentifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.
12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own infornnation 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 tis Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.
13. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any maiu'ier with performance of services specified under this Agreement. b. The parties understand that outside parties, subject to receipt of financial benefit from UASI funding, as noted in Recital Section B and the RFQ, are often utilized by the ASA UASI as subject matter expert reviewing training and exercise proposals. To avoid potential conflict of interest of engaging sub-contractors, subject to receipt of financial benefit from UASI funding, shall not be engaged by the Contractor as a sub-contractor to provide the services provided in this Agreement, or any change order or amendment thereto.
14. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to tis 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:
City Council 27 – 35 11/21/2023
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
p.o. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
City of Santa Aria
60 Civic Center Plaza
P.0. Box 1988
Santa Aria, California 92702
Fax: 714-245-8116
To Contractor:
R. Ranger Dorn, Managing Partner
Utility Response Associates LLC
p.o. Box 101
Oak View, CA 93022
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 macMne, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
15. 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 tis Agreement and any attachments hereto, the temis ofthis Agreement shall prevail.
This Agreement maynot be modified except bywritten instrument signed bythe City and by an authorized representativeofContractor. Thepartiesagreethatanytermsorconditionsofanypurchaseorderorother instrument that are inconsistent with, or in addition to, the teims and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, City Council 27 – 36 11/21/2023
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.
16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Noting 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.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. TERMINATION
Tis Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless proibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of perfornnance specified in the Recitals of this Agreement.
19. 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 infornnation, or military and veteran status, age, national origin, ancestry, or disability, as defined and proibited by applicable law, in the recruitment, selection, teacg, training, utilization, promotion, termination or other employment related activities or any setavices provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
City Council 27 – 37 11/21/2023
20. 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 deteimined 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 tis Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of tis 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 governrnental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such peimits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of tis Agreement.
22. FEDERAL REGULATIONS
a. Recipient must comply with the govetnment cost piinciples, 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 §200.2 12 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 governtnent.
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 fu'ial delivery hereunder or until all claims related to tis Agreement are finally settled, wichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with tis 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 wich 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. Section504oftheRehabilitationActofl973(Handicapped)-Allrecipientsoffederalfundsmust comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds City Council 27 – 38 11/21/2023
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. AmericanswithDisabilitiesActofl990-(ADA)Recipientmustcomplywithallrequirementsof 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 tis 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 an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action conceining 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 ofl964, 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 Oppoitunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
City Council 27 – 39 11/21/2023
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.
1. 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, wich 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.
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.
City Council 27 – 40 11/21/2023
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. PatentRights-RecipientagreesthattheDepartmentofHomelandSecurityshallhavetheauthority 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), wich 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).
2. For the purpose of public safety, security of govermnent facilities, physical security surveillance of critical infrastruchire, 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 City Council 27 – 41 11/21/2023
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-fenous 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. 113 75, 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 teimination; 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.
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 wich 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 City Council 27 – 42 11/21/2023
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 infomiation.
4. The contractor will send to each labor union or representative of workers with wich 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. ThecontractorwillcomplywithallprovisionsofExecutiveOrderll246ofSeptember24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The contractor will furnish all information and repoits 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 tis contract or with any of the said niles, regulations, or orders, this contract may be canceled, teiminated, 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 (l) and the provisions of paragraphs (l) 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. w. Termination for Cause and Convenience - Should recipient fail for any reason to comply with the contractual obligations of this agreement within the time specified by this Agreement, the CITY reserves the right to terminate the Agreement, reserving all rights under state and federal law.
23. MISCELLANEOUS PROVISIONS
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 City Council 27 – 43 11/21/2023
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 Paities are cuirently engaged and Contractor is providing services not contemplated by this Agreement.
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above wrttten.
ATTEST: CITY OF SANTA ANA
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARV ALHO
City Attorney
Tamara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
Acting City Manager
UTILITY RESPONSE TRAINING
ASSOCIATES, LLC
R. Ranger Dorn
Managing Partner
FOR CHIEF VALENTIN
David Valentin
CMef of Police
City Council 27 – 44 11/21/2023
EXHIBIT A
CITY OF SANTA ANA
EXHIBITI
SCOPE OF SERVICES
REQUIREMENTS
The specific requirements of this RFP have been listed in Section 11.
II. TRAINING COURSE(S)
A. ASAUA requires training courses in the following specific disciplines:
* Training Request for: G-191 : ICS/EOC Interface Workshop Minimum Requirements:
Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of the contract.
The first training must be conducted no later than January 31, 2024.
Course Name: G-191 : ICS/EOC Interface Workshop
Course Description: The course will enable the participants to develop an effective interface between the Incident Command and the Emergency Operations Center (EOC) by applying Incident Command (ICS) principles.The proposer will provide resumes of the staff to be assigned to this training request, detailing their prior experience.
Number of Deliveries Being Requested: Up to 10
Number of Students per Delivery: Minimum of 16 students Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:
* Classroom with space to arrange students in groups
* Audio/Visual Equipment
@ Multiple easels, dry erase board, and markers
Responsibilities of the Training Provider:
* Laptop
@ Presentation & training aids
* Professional instruction
Notice to Respondents:
All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record after issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
B. Contractor shall conduct training courses at various locations/venues within the ASAUA. 23-112A G-191 : ICS-EOC Interface Workshop Training Services Page 17 of 42 City Council 27 – 45 11/21/2023
CITY OF SANTA ANA
C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants.
D. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal.
E. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at: http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininqinstitute and the DHS website at: https://www.fema.qov/traininq for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. It shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
F. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum.
G. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term or the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request.
H. City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor if cancellation occurs within this period.
1. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses.
J. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems.
K. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.
L. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM),includingaone(1)hourlunchbreak. Scheduleshouldincluderegularbreaksona50/10 break ratio - for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum. 23-112A G-191 : ICS-EOC Interface Workshop Training Services Page 18 of 42 City Council 27 – 46 11/21/2023
CITY OF SANTA ANA
M. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA.
N. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
0. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will begin at this time.
P. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regiona[ Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals.
Q. A list of "approved" courses is available from Cal OES at www.caloes.ca.qov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.gov/traininq R. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost.
S. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue.
T. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
U. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
V. Contractor may not charge the City for materials brought to the class that are not utilized.
W. Proposers may be selected to provide training based on their expertise within a specific discipline. * G-191: ICS/EOC Interface Workshop
23-112A G-191: ICS-EOC Interface Workshop Training Services Page 19 of 42 City Council 27 – 47 11/21/2023
CITY OF SANTA ANA
X. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee.
Y. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
1. Course surveys/evaluations results will be tabulated the results will be provided to the ASAUA Training &
and scored by Contractor. Summary of
Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost.
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and signin sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign-in sheets.
D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course. Contractor shall maintain a record of all certificates provided students.
IV. QUANTITIES FOR TRAINING COURSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.
V. PRICINGFORTRAININGCOURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freighUdelivery charges are to be included.
C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used.
There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension. 23-112A G-191 : ICS-EOC Interface Workshop Training Services Page 20 of 42 City Council 27 – 48 11/21/2023
CITY OF SANTA ANA
F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages.
Vl. AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFP will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval.
F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP.
Vll. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.
B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall be emailed to:
Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz(,santa-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
City PO number (if applicable);
Invoice number;
Agreement number;
Remit to address;
Itemized services;
Course description
Pricing as per agreement;
Instructor name;
Number of participants;
23-112A G-191 : ICS-EOC Interface Workshop Training Services Page 21 of 42 City Council 27 – 49 11/21/2023
CITY OF SANTA ANA
* Course date(s); and
* Shall be accompanied by acceptable proof of delivery.
F. Proposer shall utilize standardized invoices upon request.
Vlll. ACCOUNT MANAGER / SUPPORT ST AFF FOR TRAINING COURSES A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP.
B. Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:00AM - 5:00PM PST, Monday through Friday. Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems.
C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.
D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments.
23-11 2A G-191 : ICS-EOC Interface Workshop Training Services Page 22 of 42 City Council 27 – 50 11/21/2023
CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
REQUIREMENTS
The specific requirements of this RFP have been listed in 1. Training Course(s).
1. TRAINING COURSE(S)
ASAUA requires training courses in the following specific disciplines:
* Training Request for: G-775: Emergency Operation Center (EOC) Management & Operations Training
Minimum Requirements:
Availability to conduct up to a total of ten (10) deliveries of the training by the end of the term of the contract.
The first training must be conducted no later than January 31, 2024.
Course Name: G-775: EOC Management & Operations
Course Description: This course will introduce students to the considerations involved in the management and day-to-day operations of an Emergency Operations Center (EOC).
Number of Deliveries (trainings) Being Requested: Up to 10 Number of Students per Delivery (training): Minimum of 16 students Responsibilities of the City of Santa Ana and the Anaheim/Santa Ana Urban Area:
* Classroom with space to arrange students in groups
* Audio/\/isual Equipment
* Multiple easels, dry erase board, and markers
Responsibilities of the Training Provider:
* Laptop
* Presentation & training aids
* Professional instruction
Notice to Respondents:
All responses to this solicitation shall become property of the City of Santa Ana, and responses will become public record affer issuance of Purchase Order. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
A. Contractor shall conduct training courses at various locations/venues within the ASAUA.
B. Contractor shall prepare course flyers, register attendees, record attendance by signed roster, provide certificates of completions, and verify course completion by the participants. 23-110A G-775 EOC Management & Operations Training Services Page 47 or 42 City Council 27 – 51 11/21/2023
CITY OF SANTA ANA
C. Contractor shall prepare and present specified training courses. Course material shall be available at the time the training is provided for each of the training courses the proposer has outlined in their proposal.
D. All training courses presented must meet state and federal guidelines and be approved by Cal OES and DHS for reimbursement under the Homeland Security Grant Program prior to delivery. Refer to the Cal OES website at: http://www.caloes.ca.qov/cal-oes-divisions/california-specialized-traininqinstitute and the DHS website at: https://www.fema.qov/traininq for further information regarding state and federal guidelines for Department of Homeland Security grants. If any portion of the training course occurs outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location specific and if an EHP approval is required, one must be obtained for each location where the course is delivered. lt shall be the responsibility of the Proposer to complete all of the forms and documentation necessary to obtain the required approvals. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
E. Contractor shall provide all required training material, handouts, course syllabus and/or written curriculum.
F. Contractor shall collect written survey comments/course evaluations from participants at the conclusion of every course offered. Survey/course evaluations will be conducted in a manner specified by the City. A standardized course survey form will be provided to the successful proposers. A record of responses shall be maintained throughout the term of the agreement by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned comments shall be reported to City Project Manager. Electronic reporting shall be made available to the City upon request.
G. The City reserves the right to cancel training courses with fourteen (14) calendar days' notice of delivery date. City shall not be charged for the class, travel costs, or training materials by Contractor iTcancellation occurs within this period.
H. Contractor shall provide and assign high quality instructors on a consistent basis to deliver the specified courses.
I. All instructors shall use the methods suggested by the training protocols established, such as maintaining and updating each training syllabus; introducing and following objectives for each class; completing training as described; and utilizing training aids such as audio/visual systems.
J. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all customer requests for new or additional services or to file complaints.
K. Contractor will be paid for services rendered. Training days are generally eight (8) hours long (e.g. 8AM-5PM), including a one (1) hourlunch break. Schedule should include regular breaks on a 50/10 break ratio - for every fifty (50) minutes of instruction, there should be a ten (10) minute break. Half days are defined as four (4) hours or less of curriculum.
L. Training venues may be provided by the City or by hosting agencies based on the needs of the course. Contractor must be able to secure training sites at any of the jurisdictions within the ASAUA. 23-110A G-775 EOC Management & Operations Training Services Page 18 of 42 City Council 27 – 52 11/21/2023
CITY OF SANTA ANA
M. All Contractor-developed courses must be approved by California Office of Emergency Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to delivery. It is the responsibility of the Contractor to prepare all forms and documentation necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
N. The anticipated start date of this agreement is Summer of 2023. Usage under this agreement will begin at this time.
0. Depending on the training or exercise, Contractor's instructors and courses may be required to be California Peace Officer Standards & Training (POST) certified or California State Fire Marshal approved. It shall be the responsibility of the Contractor to obtain all POSTcertifications and California State Fire Marshal course approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for certifications and approval. The City shall not be billed for any costs associated with obtaining these certifications and approvals.
P. A list of "approved" courses is available from Cal OES at www.caloes.ca.qov and a list of Federal Emergency Management Agency (FEMA) approved classes is available at www.fema.qov/traininq Q. Contractors are responsible for providing all course materials and delivering it to the site(s) of all training at their cost.
R. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise Program Manager and requesting agencies to coordinate the training calendar and venue.
S. When required, Contractor must obtain the applicable certifications for developed courses before training begins. The need for certification will be determined by the ASAUA Training & Exercise Program Manager. It shall be the responsibility of the Contractor to complete all forms and documentation necessary to obtain the required certifications at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Proposer with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
T. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency Management Institute (EMI) certification on developed courses at its cost if the course content contains materials that require state and/or federal certification. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the Contractor with the submission of the requests for certification. The City shall not be billed for any costs associated with obtaining these certifications.
U. Contractor may not charge the City for materials brought to the class that are not utilized.
V. Proposers may be selected to provide training based on their expertise within a specific discipline. * G-775: EOC Management and Operations
W. Contractors shall ensure that training participants are members of agencies or organizations located or operating within the ASAUA, or have been approved by the ASAUA Training & Exercise Program Manager or his designee.
23-110A G-775 EOC Management & Operations Training Services Page 19 of 42 City Council 27 – 53 11/21/2023
CITY OF SANTA ANA
X. Contractor shall ensure that, when required, an Environmental Historic Preservation (EHP) approval has been issued to the ASAUA before delivery of the training course. It shall be the responsibility of the Proposer to complete all forms and documentation necessary to obtain the required EHP approvals at its cost. The ASAUA Homeland Security Regional Training and Exercise Program Manager will assist Contractor with the submission of the requests for approval. The City shall not be billed for any costs associated with obtaining these approvals.
2. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
1. Course surveys/evaluations results will be tabulated and scored by Contractor. Summary of the results will be provided to the ASAUA Training & Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost.
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters and sign-in sheets upon completion of the training course for all training courses delivered. Contractor shall maintain a record of all original and electronic copies of all sign-in sheets.
D. Contractor shall provide certificates of completion to all students that successfully complete a training course at the conclusion of the training course and provide copies of the certificates to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the training course.
Contractor shall maintain a record of all certificates provided students.
QUANTITIES FOR TRAINING COuRSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum or maximum is guaranteed or implied.
II. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of such lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freighUdelivery charges are to be included.
C. All prices quoted shall be in United States dollars and "whole cent," no cent fractions shall be used.
There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit price quoted is correct in the case of a discrepancy between the unit price and an extension.
F. Federal and State minimum wage laws apply. The City has no requirements for living wages. The City is not imposing any additional requirements regarding wages.
Ill AWARD FOR TRAINING COURSES
23-110A G-775 EOC Management & Operations Training Services Page 20 of 42 City Council 27 – 54 11/21/2023
CITY OF SANTA ANA
A. City reserves the right to reject any or all responses that materially differ from any terms contained in this RFP, from any Exhibits attached hereto, or from any subsequent addenda; to waive informalities and minor irregularities in responses received; and to provide an opportunity for Proposers to correct minor and immaterial errors contained in their submissions. The decision as to what constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFP will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor prior to City Council approval.
F. RFP specifications, terms, conditions, and Exhibits, RFP Addenda, and Proposals, may be incorporated into and made a part of any agreement that may be awarded as a result of this RFP.
IV. INVOICING FOR TRAINING COURSES
A. Proposer shall invoice the City, unless otherwise advised, upon satisfactory receipt of performance of services.
B. City will use best efforts to make payments within thirty (30) days following receipt and review of invoice and upon complete satisfactory receipt of performance of services.
C. Invoices shall be emailed to:
Sgt. Ricardo Diaz
Santa Ana Police Department
Email: RDiaz(,santa-ana.orq
D. City shall notify Proposer of any adjustments required to invoices.
E. Invoices shall include, at minimum:
City PO number (if applicable);
Invoice number;
Agreement number;
Remit to address;
Itemized services;
Course description
Pricing as per agreement;
Instructor name;
Number of participants;
Course date(s); and
Shall be accompanied by acceptable proof of delivery.
F. Proposer shall utilize standardized invoices upon request.
V. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES 23-110A G-775 EOC Management & Operations Training Services Page 21 of 42 City Council 27 – 55 11/21/2023
CITY OF SANTA ANA
A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible for the City's account / agreement. The Account Manager shall receive all orders from the City and shall be the primary contact for all issues regarding the Proposer's response to this RFP and any agreement which may arise pursuant to this RFP.
B, Proposer shall also provide adequate, competent support staff that shall be able to service the City during the working hours of 7:00AM - 5:00PM PST, Monday through Friday.Such representative(s) shall be knowledgeable about the agreement, training offered, and able to identify and resolve quickly any issues included, but not limited to order and invoicing problems.
C. Contractor's Account Manager shall be familiar with City requirements and standards and work with the City to ensure that established standards are adhered to.
D. Contractor's Account Manager shall keep the City and ASAUA Training & Exercise Program Manager informed of requests from departments.
23-110A G-775 EOC Management & Operations Training Services Page 22 or 42 City Council 27 – 56 11/21/2023
EXHIBIT B
IWUPTA
Utility Response Training Associates, LLC
Contents
b. Services Provided .2
Assumptions 2
c. Agreement Statement.....
d. Firm and Team Experience
3 .3
i. Companylnformation..
ii. Company Headquarters and Office Location.
.3
.3
iii. Project Manager. .3
iv. Resumes 4
e. Proposed Work Plan 4
i. Approach. .4
ii. Suggestions or concerns.. 4
iii. Deliverables and implementation plan .4
Cost Proposal..
Vll Certifications.
5 .6
URTA, LLC Resumes..................................................................................................................................... 14 b. Services Provided
URTA, LLC will provide up to ten CSTI Certified G-775 courses, The first class will be no later than January 31, 2024.
* NumberofDeliveriesBeingRequested:Uptol0
* Number of Students per Delivery: Minimum of 16 students URTA will provide:
* Two CSTI Certified Instructors
* All course printed materials
* A laptop with course presentation materials on it.
URTA maintains several staff members in Southern California to support City training. We can also meet in person or virtually on short notice.
Assuin ptions
The City of Santa Ana and the Anaheim/Santa Ana Urban Area City will provide:
* Classroom with space to arrange students in groups.
* Audio/Visual Equipment
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 27 – 57 11/21/2023
WWUPTA
Utility Response Training Associates, LLC
* Multiple easels, dry erase board, and markers
@ Responsibilities of the Training Provider:
* Classroom logistics to City desired standards to include drinking water, coffee and any other normal materials.
URTALLC- P.0. Box 101, Oak View, CA 93022
City Council 27 – 58 11/21/2023
mWUPTA
Utility Response Training Associates, LLC
Contents
b. Services Provided 2
Assumptions. .2
c. Agreement Statement. .3
d. Firm and Team Experience. .3
i. Company Information.......
ii. Company Headquarters and Office Location.
3 3
iii. Project Manager. .3
iv. Resumes .4
e. Proposed Work Plan .4
i. Approach .4
ii. Suggestions or concerns......
iii. Deliverables and implementation plan
.4
4 Cost Proposal.
Vll Certifications.
.5
6 URTA, LLC Resumes.
.14
b. Services Provided
URTA, LLC will provide up to ten CSTI Certified G-191: ICS/EOC Interface Workshops,The first classwill be no later than January 31, 2024.
* Number of Deliveries Being Requested: Up to 10
* Number of Students per Delivery: Minimum of 16 students URTA will provide:
* Two CSTI Certified Instructors
* All course printed materials
* A laptop with course presentation materials on it.
* URTA maintains several staff members in Southern California to support City training. We can also meet in person or virtually on short notice.
Assumptions
The City of Santa Ana and the Anaheim/Santa Ana Urban Area City will provide:
* Classroom with space to arrange students in groups.
* Audio/Visual Equipment
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 27 – 59 11/21/2023
!WUPTA
Utility Response Training Associates, LLC
* Multiple easels, dry erase board, and markers
* ResponsibilitiesoftheTrainingProvider:
* Classroom logistics to City desired standards to include drinking water, coffee and any other normal materials.
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 27 – 60 11/21/2023
mWUPTA
Utility Response Training Associates, LLC
Cost Proposal
The all-inclusive proposed cost for RFP 23-112A is:
Virtual courses
* Single delivery in a virtual format with electronic course materials provided- 53,500. * Ten deliveries in a virtual format with electronic course materials provided- S35,000.
In-Person courses
* Single delivery in person with printed course materials- !>5,040. * Ten deliveries in person with printed course materials- S50,400.
This quote is valid until August 23, 2024.
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 27 – 61 11/21/2023
mWUQTA
Utility Response Training Associates, LLC
Cost Proposal
The all-inclusive proposed cost for RFP23-112A is:
Virtual courses
* Single delivery in a virtual format with electronic course materials provided- S7080. * Ten deliveries in a virtual format with electronic course materials provided- S70,800.
In-Person courses
* Single delivery in person with printed course materials- 58,420. * Ten deliveries in person with printed course materials- S84,200.
This quote is valid until August 23, 2024.
URTALLC- p.o. Box 101, Oak View, CA 93022
City Council 27 – 62 11/21/2023
Police Department
www.santa-ana.org/police
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
TOPIC: FY2022 Urban Area Security Initiative Program Additional Funding
AGENDA TITLE
Adopt a Resolution, Approve a Memorandum of Understanding and Appropriation Adjustment Accepting Additional FY 2022 Urban Area Security Initiative Grant Program Funds (Non-General Fund)
RECOMMENDED ACTION
1. Adopt a resolution authorizing and directing the City Manager and the Chief of Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban Area Security Initiative Funding, increasing the sub-recipient award from $1,822,800 to $1,927,800.
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN
AREA SECURITY INITIATIVE SUB-RECIPIENT FUNDING AND
APPROPRIATION ADJUSTMENT
2. Approve an Appropriation Adjustment recognizing an additional $105,000 in grant revenue from the FY 2022 Urban Area Security Initiative funding program revenue account and appropriate same to the FY 2022 Urban Area Security Initiative Program Grant expenditures accounts. (Requires five affirmative votes).
3. Authorize the City Manager and the Chief of Police to execute the Memorandum of Understanding with the City of Anaheim for the FY 2022 Urban Area Security Initiative Grant Program, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Urban Area Security Initiative (UASI) program is approved by Congress through the Consolidated Appropriations Act of 2022, and implemented by the U.S. Department of City Council 28 – 1 11/21/2023
FY2022 Urban Area Security Initiative Program Additional Funding November 21, 2023
Homeland Security (DHS) through the Federal Emergency Management Agency (FEMA), to assist high-density urban areas to strengthen the nation’s communities against potential terrorist attacks and other hazards. The UASI program provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for training, planning, equipment, exercises, and technical assistance.
In FY 2006 the DHS established a combined UASI in the Orange County Urban Area called the Anaheim/Santa Ana Urban Area (ASAUA) UASI. The City of Santa Ana now shares grant administrative responsibilities with the City of Anaheim, annually alternating the function of lead administrative agency. The City of Anaheim is the lead agency for FY 2022 funding and is therefore the UASI Sub-Grantee, with Santa Ana designated as a sub-recipient through Anaheim.
The Santa Ana Police Department has worked with the City of Anaheim, the County of Orange, and cities within the Anaheim/Santa Ana Urban Area to determine current capabilities and needs and have established goals and objectives for the Anaheim/Santa Ana Urban Area. The City of Santa Ana will work in collaboration with the City of Anaheim to implement complementary strategies for responding to acts of terrorism.
The FY 2022 funds will support the Homeland Security Training & Exercise Program to enhance capabilities across multiple disciplines and jurisdictions in areas such as active shooter, mass gathering and civil disturbances, cyber security, emergency management, and advanced life-saving techniques. This appropriation adjustment will add $105,000 to the current grant award of $1,822,800 previously approved by City Council on October 17, 2023, for a new total grant award of $1,927,800. The additional funding will be used to support regional exercise and regional training programs. The Memorandum of Understanding being presented for approval was inadvertently excluded from the October 17, 2023 staff report.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $105,000 in the FY 2022 Urban Area Security Initiative revenue account (no. 12514002-52001) and appropriate same to the Urban Area Security Initiative expenditure account for projected expenditure as follows:
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit –
Account No.
Description
Amount
FY 23-24 12514491-
62300 OES UASI
UASI Cal OES
Anaheim, Contract
Services
Professional
$ 105,000
Total $ 105,000
City Council 28 – 2 11/21/2023
FY2022 Urban Area Security Initiative Program Additional Funding November 21, 2023
The amount shown above is an estimate based on projected grant projects. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to the subsequent fiscal year.
EXHIBIT(S)
1. Resolution
2. FY 2022 Award Amendment #1
3. FY 2022 Memorandum of Understanding
Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Steven A. Mendoza, Acting City Manager
City Council 28 – 3 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING ADDITIONAL FY2022 URBAN
AREA SECURITY INITIATIVE SUB-RECIPIENT FUNDING
AND APPROPRIATION ADJUSTMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism.
B. In FY 2006, the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2022, Anaheim will be the lead administrative agency for UASI funding.
C. On October 17, 2023, the City of Santa Ana recognized a funding award from the City of Anaheim for the in FY 2022 Urban Area Security Initiative in the amount of $1,822,800.
D The City of Santa Ana was notified that additional funds have been awarded from the City of Anaheim for fiscal year 2022 UASI in the amount of $105,000.
Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager and the Chief of Police or their designee(s) to accept an additional $105,000 in FY 2022 Urban Areas Security Initiative funding, increasing the sub-recipient award from $1,822,800 to $1,927,800.
Exhibit 1
City Council 28 – 4 11/21/2023
Resolution No. 2023-XXX
Section 3. The City Council of the City of Santa Ana hereby approves an Appropriation Adjustment recognizing the FY 2022 Urban Area Security Initiative in the additional amount of $105,000 and appropriates the same in the FY 2022 Urban Area Security Initiative Program Grant expenditure accounts.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this 21st day of November, 2023.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Tamara Bogosian
Sr. Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2023-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on November 21, 2023.
Date: ________________ ____________________________________ Clerk of the Council
City of Santa Ana
City Council 28 – 5 11/21/2023
FY2022 URBAN AREAS SECURITY INITIATIVE (UASI)
Federal Grant # 2022-0043 Cal OES Grant #
UEI # KZE9G2M4GRX9 Sub-Recipient Performance Period
059-95010 Amendment # 1
08/09/2023 tO 03/31/2025
This amendment is between the City of Anaheim and the Grant Sub-Recipient:
City of Santa Ana
The Sub-Recipient agrees to the amendment of the Grant Sub-Recipient Award Agreement as specified below:
Increase the FY2022 UASI sub-recipient award to the City of Santa Ana from Sll,822,800.00 to Sl,927,800.00 as follows:
022 - Regional Exercise Program (Cybersecurity Tabletop Exercise) - S30,000.00 043 - Regional Training Program (Terrorism I, II, and Ill) - S75,000.00 All other provisions of this agreement shall remain as previously agreed upon.
Please refer to the FY22 ASAUA Sub-Recipient Grant Guide for all reporting and reimbursement deadlines associated with the sub-award agreement.
1,
Richard LaRochelle, Jr. - Lieutenant
City of Anaheim
€ -4 ' = - _ .' . - l -' l_ ' . I .,' _ : . , ) - - " i "' - . - -0 - . . - _ - I l S - - _l, ,a l _. '-, l-, , , , ) a ,, ._ . A _ _,'> j -, ji 1. .a' l--l - ' a l u- ' % -* ;, -,l_ . I x ,, , l '_ ! , AUTHORIZED A6ENT- I- a - - a I - " I ' - "1%" - 'a - ' - - ' X a ' ao! " - a 11 li aA % "ff -a a r & k 'l ir k a ' N - - -. - i - +. - s i - - - >- - . _ _ _ ,, _ .__ , _ Q_1)
I s ?UH UHI!:.t VAlLtTNHrq lt_) - ll 12
Authorized Signa'Jur( Date
I)p\),TD \141,.E/vT,Tlu CffrEF 0f f)01,.((6
Printed Name Title
CFDA #97.067 Grant #2022-0043 Cal OES ID #059-95010
Exhibit 2
City Council 28 – 6 11/21/2023
INTRODUCTION
Cities of Anaheim and Santa Ana
Memorandum of Understanding
Urban Areas Security Initiative 2022 @Cta le
1. Since 2004, the federal Department of Homeland Security (DHS), through the State of California's Office of Homeland Security (OHS), now known as California Office of Emergency Services (CalOES), as the State Administrative Agency (SAA), has designated the Cities of Anaheim and Santa Ana (hereafter referred to as "the Cities") as Urban Areas and awarded each jurisdiction grants under the Urban Areas Security Initiative (UASI). UASI Grants have been awarded yearly since 2004 with each cycle having a performance period of approximately two years. In the 2004 and 2005 grant cycles, DHS awarded the funds and subsequently required :' Homeland Security Strategy from each of the Urban Areas. Anaheim and Santa Ana submitted a joint Strategy which ultimately formed the basis for Orange County's overall terrorism preparedness efforts. In addition, DHS required an Initial Strategy Implementation Plan (ISIP) as an overview of how the Cities planned to spend UASI grant funds. The Strategy and the ISIP were approved for both grant cycles and project development and implementation is on-going.
2. Starting with the 2006 grant cycle and with subsequent grant cycles, and at the direction of Congress, DHS has redefined the criteria by which Homeland Security funds are awarded under the UASI. In addition to population and population density, DHS mandates that funds be distributed based upon risk and need. Additionally, as part of the funding process, the latter grant cycles require a competitive application process and the development of Investment Justifications to define how the Urban Areas intend to spend requested funds. These changes make it clear that a city's or cities' eligibility as high-risk destination is only the beginning of the analysis. The analysis then has to consider what needs the cities are going to address with the particular investments proposed. Only when the investment is justified will the money flow to the cities that are otherwise eligible. This process ensures that not only is DHS allocating funding based on risk and need, but that the funding is being used to build the regional critical capabilities consistent with DHS goals and priorities.
3. The Cities elected to define each Urban Area broadly to include all jurisdictions in the county, as well as key disciplines, such as Health, Law, Fire, Emergency Management and others as defined by DHS. Thus far, the grants have been individually awarded to, and managed in all respects by, each City (Anaheim and Santa Ana). The Cities have collaborated with the County of Orange and all other Exhibit 3
City Council 28 – 7 11/21/2023
jurisdictions to form a partnership that has garnered acclaim from DHS, CalOES and Congress. The Cities have formed a true partnership with all stakeholders in the county and have collaborated to enhance overall preparedness levels, at all times focusing on mitigating risk and improving consequence management for the most critical infrastructure and targets as ultimately identified in the Countywide Strategic Plan for Terrorism Preparedness.
4. Starting in fiscal year 2006, the Cities joined together and became one UASI. With this came the requirement that one of the two LIASI jurisdictions be designated as the Single Point of Contact for purposes of the grant application and financial management of the grant. The Cities wish to continue their collaborative effort with the 2022 UASI Grant. The 2022 grant guidelines require formalization of the current Orange County structure for determining the focus of grant fund spending, which includes the use of the Urban Area Working Group to obtain input in developing investment areas and specific projects to be funded. This process and input, which is consistent with the process used in previous grant years, will assist the City Managers of Anaheim and Santa Ana, as well as Orange County's Chief Executive Officer, in making the final decisions with respect to grant expenditures.
OBJECTIVE AND SCOPE
In recognition of the 2022 Urban Areas Security Initiative grant purpose, guidelines, and requirements, the Cities of Anaheim and Santa Ana wish to continue their strategic partnership with each other, as well as with the County of Orange, all jurisdictions in the county, and the stakeholder groups and disciplines that have thus far resulted in a successful and acclaimed effort to reduce risk, mitigate vulnerabilities and manage consequences related to a terrorism incident or threat. In addition, the Cities wish to fulfill the requirements of DHS and Congress that all grant funds be distributed through a funding program dedicated to a risk-based set of priorities, in which the Cities and their partners will develop investment areas and projects that address the highest risks, thus demonstrating their ability to effectively and efficiently spend grant funds in a systematic and focused manner.
Therefore, the Cities of Anaheim and Santa Ana agree as follows:
1. Investment areas and projects will be developed as in previous years, consistent with Orange County's Homeland Security Strategy, and with input from the Urban Area Working Group.
2. The City of Anaheim will be designated as the Single Point of Contact (SPC) for the 2022 UASI grant.
Cities of Anaheim and Santa Ana
Urban Areas Security Initiative 2022 MOU
City Council 28 – 8 11/21/2023
3. The SPC's responsibilities will include serving as the application lead; financial and reporting management; and coordination of grant requirements with CalEMA and DHS for the duration of the 2022 grant cycle.
4. Future SPC responsibilities will be negotiated and agreed upon by the Cities when future grant cycles are announced.
5. This MOU has been submitted for review to CalOES, which fully supports and approves of this arrangement.
Agreed,
CltyOfAan(rahe=!' Citynager J7fg;plg;i
See attached signature page
Kristine Ridge, City Manager
City of Santa Ana
147179
APPROVEDASTO4
Date
AH5
u.
Theresa Bass
City Clerk
Cities of Anaheim and Santa Ana
Urban Areas Security Initiative 2022 MOU
City Council 28 – 9 11/21/2023
IN WITNESS WHEREOF, the paities hereto have executed this Agreement the date and year first above wiitten.
ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
STEVEN A. MENDOZA
Acting City Manager
RECOMMENDED FOR APPROVAL:
FOR CHIEF VALENTIN
City Council 28 – 10 11/21/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
TOPIC: Measure M2 Comprehensive Transportation Program
AGENDA TITLE
Adopt Resolutions Authorizing Grant Applications for the Fiscal Year 2024-25 Measure M2 Comprehensive Transportation Funding Program (Non-General Fund)
RECOMMENDED ACTION
1. Adopt resolutions authorizing the City of Santa Ana to submit applications for funding consideration under the Measure M2 Comprehensive Transportation Funding Program 2024-25 Call for Projects.
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE COMPREHENSIVE
TRANSPORTATION PROGRAM
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY TRANSPORTATION
AUTHORITY FOR FUNDING UNDER THE REGIONAL TRAFFIC SIGNAL
SYNCHRONIZATION PROGRAM
2. Direct staff to incorporate approved Comprehensive Transportation Funding Program projects into the Seven-Year Capital Improvement Program for Fiscal Year 2024-25.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Orange County Transportation Authority (OCTA) issued a Call for Projects under the Measure M2 Comprehensive Transportation Funding Program (CTFP) Fiscal Year (FY) 2024-25. Approximately $32 million will be available for award on a countywide, competitive basis via the Regional Capacity Program (Project O) for Arterial Capacity Enhancements (ACE) and Intersection Capacity Enhancements (ICE) and the Regional City Council 29 – 1 11/21/2023
Measure M2 Comprehensive Transportation Program
November 21, 2023
Traffic Signal Synchronization Program (Project P). The CTFP is the mechanism by which OCTA administers competitive funding for streets and roads projects.
The City will submit applications totaling $41,112,981 in grant funding requests, which includes all project phases, and requires a local match commitment of 25% for both ACE and ICE programs and 20% for Project P. If awarded, existing and future local funding sources, including but not limited to, Transportation System Improvement Area funds (TSIA), Gas Tax funds, and Measure M2 Fairshare funds, will be used to provide the required matching funds for the recommended projects to be budgeted in the FY 2024-25 Capital Improvement Program (CIP).
RECOMMENDED PROJECTS CTFP
TYPE PHASE GRANT
REQUEST FY
Dyer Street Improvements (55 Freeway –
700’ E/O Pullman) ACE Design/ROW/Construction $36,465,757 24-25 Kraemer Boulevard/ Glassell Street/
Grand Avenue Corridor Traffic Signal
Synchronization
Project P Design/
Construction $4,647,224* 24-25
*Santa Ana is the lead agency for this multi-agency grant. The total grant request is $4,647,224, which includes Santa Ana’s total grant request of $1,525,106.
Given the need for the street improvements and the project eligibility requirements defined by OCTA, Staff recommends that the City Council adopt two Resolutions (Exhibits 1 and 2) authorizing submittal of the Project O and Project P CTFP application for funding consideration, as well as direct staff to incorporate approved projects into the FY 2024 Seven-Year CIP.
FISCAL IMPACT
There is no fiscal impact associated with this action at this time. The City will recognize grant award revenue, inclusive of required City local match, through future Council action during the FY 2023-24 CIP budget programing cycle. In the event both of the recommended projects are awarded, the table below provides a breakdown of the total potential funding for the identified projects:
RECOMMENDED PROJECTS CTFP
TYPE PHASE
CTFP
GRANT
FUNDS
CITY
MATCH
FUNDS
FY
Dyer Street Improvements (55 Freeway
– 700’ E/O Pullman) ACE Design/ROW/Construction $27,349,318 $9,116,439 24-25 Kraemer Boulevard/ Glassell Street/
Grand Avenue Corridor Traffic Signal
Synchronization
Project P Design/
Construction $1,525,106*
$381,276
24-25
*Santa Ana is the lead agency for this multi-agency grant. The total grant request is $4,647,224, which includes Santa Ana’s total grant request of $1,525,106.
City Council 29 – 2 11/21/2023
Measure M2 Comprehensive Transportation Program
November 21, 2023
EXHIBIT(S)
1. FY 23-24 CTFP Call for Projects – Project O Resolution
2. FY 23-24 CTFP Call for Projects – Project P Resolution Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager
City Council 29 – 3 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE COMPREHENSIVE TRANSPORTATION PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The City of Santa Ana desires to implement the transportation improvements listed below.
B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive Measure M2 “Fair Share” funds.
C. The City of Santa Ana’s Circulation Element is consistent with the County of Orange Master Plan of Arterial Highways.
D. The City of Santa Ana will not use Measure M2 funds to supplant Developer Fees or other commitments.
E. The City of Santa Ana must include all projects funded by M2 Net Revenues in its seven-year Capital Improvement Program, as part of the Measure M2 Ordinance eligibility requirements.
F. The City of Santa Ana will provide a minimum of 25% matching funds for the Project O projects as required by the Orange County Comprehensive Transportation Funding Programs Guidelines.
G. The Orange County Transportation Authority intends to allocate funds for transportation improvement projects, if approved, within the incorporated cities and the County.
H. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for Measure M2 funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.
EXHIBIT 1
City Council 29 – 4 11/21/2023
Resolution No. 2023-XXX
Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA’s Comprehensive Transportation Funding Program and requests that the OCTA allocate funds in the amounts specified in the City of Santa Ana’s submissions. Said funds shall be matched by funds from the City of Santa Ana as required and shall be used as supplemental funding to aid the City of Santa Ana in the improvement of the following street(s). “ACE” shall mean Arterial Capacity Enhancement and “ICE” shall mean Intersection Capacity Enhancements.
PROJECT PROGRAM FY
Dyer Street Improvements (55 Freeway-Pullman) ACE 24/25 Dyer Street Improvements (Pullman-RR) ACE 24/25
Section 3. The City Council of the City of Santa Ana appoints the City Manager, or the Executive Director of the Public Works Agency or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this ___ day of ___________, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney
City Council 29 – 5 11/21/2023
Resolution No. 2023-XXX
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, _________, Jennifer L. Hall, do hereby certify the attached Resolution No. 2023- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
City Clerk
City of Santa Ana
City Council 29 – 6 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE SUBMITTAL OF
IMPROVEMENT PROJECTS TO THE ORANGE COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING UNDER
THE REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION
PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The Measure M2 Regional Traffic Signal Synchronization Program targets over 2,000 signalized intersections across Orange County to maintain traffic signal synchronization, improve traffic flow, and reduce congestion across jurisdictions.
B. The City of Santa Ana has been declared by the Orange County Transportation Authority to meet the eligibility requirements to receive revenues as part of Measure M2.
C. The City of Santa Ana must include all projects funded by Net Revenues in the seven-year Capital Improvement Program as part of the Renewed Measure M Ordinance eligibility requirement.
D. The City of Santa Ana authorizes a formal amendment to the seven-year Capital Improvement Program to add projects approved for funding upon approval from the Orange County Transportation Authority Board of Directors, if necessary.
E. The City of Santa Ana has currently adopted a Local Signal Synchronization Plan consistent with the Regional Traffic Signal Synchronization Master Plan as a key component of local agencies’ efforts to synchronizing traffic signals across local agencies’ boundaries.
F. The City of Santa Ana will provide matching funds for each project as required by the Comprehensive Transportation Funding Programs Procedures Manual.
G. The City of Santa Ana will not use Renewed Measure M funds to supplant Developer Fees or other commitments.
EXHIBIT 2
City Council 29 – 7 11/21/2023
Resolution No. 2023-XXX
G. The City of Santa Ana desires to implement multi-jurisdictional signal synchronization listed below.
Section 2. The City Council of the City of Santa Ana hereby approves the formal submissions of the projects described below to the Orange County Transportation Authority for funding under the OCTA’s Regional Traffic Signal Synchronization Program and requests that the OCTA allocate funds in the amounts specified in the City’s submissions. Said funds shall be matched by funds from Santa Ana as required and shall be used as supplemental funding to aid the City in signal synchronization along the following street(s):
PROJECT PROGRAM FY
Section 3. The City Council of the City of Santa Ana appoints the City Manager, or his or her designee, as agent for the City of Santa Ana to conduct all negotiations, and execute and submit all documents, including but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for allocation of the requested funds to Santa Ana.
Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution.
ADOPTED this ____ day of ___________________, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney
Kraemer Boulevard, Glassell Street, Grand Avenue (KGG) Traffic Signal Synchronization
RTSSP 24/25
City Council 29 – 8 11/21/2023
Resolution No. 2023-XXX
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023- ____ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
City Clerk
City of Santa Ana
City Council 29 – 9 11/21/2023
Public Works Agency
www.santa-ana.org/public-works
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
TOPIC: Resolution to Carry Over Existing Funds to the 2025 Federal Transportation Improvement Program
AGENDA TITLE
Resolution and Authorization to Carry Over Grant Funds to the 2025 Federal Transportation Improvement Program as required by Funding Agency
RECOMMENDED ACTION
1. Authorize the City Manager to submit selected projects to the Orange County Transportation Authority for inclusion into the 2025 Federal Transportation Improvement Program.
2. Adopt a resolution certifying that the City has the resources to fund the projects submitted for inclusion into the 2025-2030 Federal Transportation Improvement Program, and confirm the City’s commitment to implement all projects submitted to the program.
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND PROJECTS IN THE 2023/24-2029/30
TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMING THE CITY’S
COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The recommended actions would authorize the City Manager to request that the Orange County Transportation Authority (OCTA) carry over federally funded projects or projects subject to a federally required action, including regionally significant projects, from the current Federal Transportation Improvement Program (FTIP) to the 2025 FTIP. The federal fund sources for those projects include Active Transportation Program (ATP); Highway Bridge Replacement and Rehabilitation (HBRR); Congestion Mitigation and Air Quality (CMAQ); and Demonstration (DEMO) grant funds.
City Council 30 – 1 11/21/2023
Resolution to Carry Over Existing Funds to the 2025 FTIP November 21, 2023
The FTIP is the primary programming and implementation process for projects identified in the Regional Transportation Plan (RTP) administered by the Southern California Association of Governments. The FTIP lists projects and identifies funding sources for every regionally significant transportation project that receives federal or state funds.
OCTA requested that all agencies countywide carry over all federally funded projects from the existing FTIP to the 2025 FTIP if project completion occurs after 2023. The FTIP carry-over occurs every two years and marks the adoption of the new cycle.
To maintain the eligibility of allocated federal funds, the City was required to adopt a resolution (Exhibit 1) listing projects to be included or amended in the FTIP and submit to OCTA by November 30, 2023. Ultimately, the City cannot receive California Transportation Commission funding allocation approval for these projects without the requested Council-approved Resolution.
Staff is requesting authorization to carry over the following projects to the 2025 FTIP:
CITY
PROJECT
NO.
OCTA
PROJECT
ID
CARRY-OVER PROJECTS
GRANT
FUNDING
TYPE
17-6880 ORA151502 Santa Ana Blvd. & 5th St. Protected Bike Lanes ATP 19-6944 ORA170802 City of Santa Ana-First Street Pedestrian Improvements ATP
19-6948 ORA170803 City of Santa Ana-West Willits Street Protected Bicycle Lanes ATP
19-6951 ORA170804 City of Santa Ana-SRTS Davis Elementary ADA Compliance ATP
18-6906 ORA152210 Bristol Street-Edinger Avenue Class II Bike Lanes CMAQ
18-6908 ORA152212 Bristol Street Protected Bicycle Lanes: Edinger to First CMAQ
18-6912 ORA152213 Citywide Bike Racks CMAQ
11-6741 ORA150003 Bristol Street Improvements: Warner Avenue to St. Andrew Place DEMO
15-6827 ORA170007 Fairview Bridge (Bridge #55C0513) and Street Improvements HBRR
13-6792 ORA150004 Bristol Street Improvements: Civic Center Drive to Washington Avenue DEMO
20-6964 ORA190901 Fremont Elementary and Spurgeon
Intermediate SRTS ATP
TBD ORA190915 Bristol Street Protected Bike Lanes: Phase II Warner Avenue to St. Andrew Place CMAQ
TBD ORA190916 Bristol Street Protected Bike Lanes: St. Andrew Place to Edinger Avenue CMAQ
City Council 30 – 2 11/21/2023
Resolution to Carry Over Existing Funds to the 2025 FTIP November 21, 2023
CITY
PROJECT
NO.
OCTA
PROJECT
ID
CARRY-OVER PROJECTS
GRANT
FUNDING
TYPE
TBD ORA190917 Bristol Street Protected Bike Lanes: Civic Center Drive to Washington Avenue CMAQ
TBD ORA190918 Bristol Street Protected Bike Lanes: First Street to Civic Center Drive CMAQ
TBD ORA190919 Warner Avenue Protected Bike Lanes CMAQ
TBD ORA210901 Raitt Street Protected and Buffered Bike Lane Project ATP
TBD H8-12-014 Main Street and 15th Street Intersection Traffic Signalization HSSP
TBD H8-12-015 Intersections of 1st Street at Jackson Street and 5th Street at Euclid Street HSSP
FISCAL IMPACT
Matching funds for the referenced projects have either already been budgeted and are available for expenditure, or they are programmed to be budgeted in future fiscal years from Accounting Units 14817613, 14817614, 146817615, and 05917660. The projects are in varying stages of completion and for some projects the City Match requirement has been fulfilled.
EXHIBIT(S)
1. 2025 FTIP Resolution
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Steven A. Mendoza, Acting City Manager
City Council 30 – 3 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA CERTIFYING THAT THE CITY HAS THE
RESOURCES TO FUND THE PROJECTS IN THE 2023/24 -
2029/30 TRANSPORTATION IMPROVEMENT PROGRAM
AND AFFIRMING THE CITY’S COMMITMENT TO
IMPLEMENT ALL PROJECTS IN THE PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows:
A. The City of Santa Ana is located within the six-county metropolitan planning boundaries of the Southern California Association of Governments (“SCAG”).
B. SCAG is required under both federal and state law to develop a Federal Transportation Improvement Program (“FTIP”) for this region in partnership with the six respective county transportation commissions, including the Orange County Transportation Authority, which administers the FTIP in Orange County. The FTIP is a comprehensive listing of all surface transportation projects proposed over a six-year period that will receive federal funding or are subject to a federally required action.
C. The City Council has authorized project submittals to the Orange County Transportation Authority for inclusion in the FTIP, where the City is the lead agency for such projects, and will comply with applicable local, state, and federal provisions, including but not limited to the Federal Transportation Improvement Program, California Environmental Quality Act, National Environmental Policy Act, Americans with Disabilities Act, and Buy America.
D. All local agency projects must be carried over to the 2025 FTIP if they will be completed after 2023.
E. The City agrees to construct Transportation Control Measures projects where applicable.
Section 2. The City Council of the City of Santa Ana hereby certifies that the City has the resources to fund the projects submitted in the 2025 Federal Transportation Improvement Program and affirms the City’s commitment to implement these projects, which are as follows:
EXHIBIT 1
City Council 30 – 4 11/21/2023
Resolution No. 2023-XXX
CITY
PROJECT
NO.
OCTA
PROJECT
ID
CARRY-OVER PROJECTS
GRANT
FUNDING
TYPE
17-6880 ORA151502 Santa Ana Blvd. & 5th St. Protected Bike Lanes ATP
19-6944 ORA170802 City of Santa Ana-First Street Pedestrian Improvements ATP
19-6948 ORA170803 City of Santa Ana-West Willits Street Protected Bicycle Lanes ATP
16-2653 ORA170804 City of Santa Ana-SRTS Davis Elementary ADA Compliance ATP
17-6885 ORA151503 Edinger Protected Bike Lanes Project ATP 18-6906 ORA152210 Bristol Street-Edinger Avenue Class II Bike Lanes CMAQ
18-6908 ORA152212 Bristol Street Protected Bicycle Lanes:
Edinger to First CMAQ
18-6912 ORA152213 Citywide Bike Racks CMAQ
18-6903 ORA152214 Hazard Avenue Protected Bike Lanes
11-6741 ORA150003 Bristol Street Improvements: Warner Avenue to St. Andrew Place DEMO
15-6827 ORA170007 Fairview Bridge (Bridge #55C0513) and Street Improvements HBRR
13-6792 ORA150004 Bristol Street Improvements: Civic Center Drive to Washington Avenue DEMO
20-6964 ORA190901 Fremont Elementary and Spurgeon
Intermediate SRTS ATP
20-6962 ORA190904 McFadden Avenue Protected Bike Lane and Bicycle Boulevard Project ATP
20-6965 ORA190905 Standard Avenue Protected Bike Lane and Protected Intersection Project ATP
20-6971 ORA190919 Warner Avenue Protected Bike Lanes CMAQ 23-6998 ORA210901 Raitt Street Protected and Buffered Bike Lane Project ATP
24-4609 ORA230802 Orange Avenue Bike Lane and Bicycle
Boulevard Project ATP
23-6037 ORA232001 Memory Lane and Flower Street Bikeway 212740 ATP
18-6918 H8-12-014 Main Street and 15th Street Intersection Traffic Signalization HSSP
18-6919 H8-12-015 Intersections of 1st Street at Jackson Street and 5th Street at Euclid Street HSSP
17-6880 ORA151502 Santa Ana and Fifth Protected Bike Lane ATP City Council 30 – 5 11/21/2023
Resolution No. 2023-XXX
CITY
PROJECT
NO.
OCTA
PROJECT
ID
CARRY-OVER PROJECTS
GRANT
FUNDING
TYPE
TBD ORA190915 Bristol Street Protected Bike Lanes: Phase II Warner Avenue to St. Andrew Place CMAQ
TBD ORA190916 Bristol Street Protected Bike Lanes: St.
Andrew Place to Edinger Avenue CMAQ
TBD ORA190917 Bristol Street Protected Bike Lanes: Civic Center Drive to Washington Avenue CMAQ
TBD ORA190918 Bristol Street Protected Bike Lanes: First Street to Civic Center Drive CMAQ
Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
ADOPTED this ____ day of ___________________, 2023.
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jonathan T. Martinez
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers _
City Council 30 – 6 11/21/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby certify the attached Resolution No. 2023 -___ to be the original resolution adopted by the City Council of the City of Santa Ana on _____________________, 2023.
Date:
City Clerk
City of Santa Ana
City Council 30 – 7 11/21/2023
Planning and Building Agency
www.anta-ana.org/planning-and-building
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 21, 2023
Topic: Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.)
AGENDA TITLE
Density Bonus Agreement No. 2023-02 to Facilitate the Construction of a Rental Residential Development Consisting of 22 Apartment Units, with Two Units Proposed as Affordable to Very Low Income Households
RECOMMENDED ACTION
1. Adopt a resolution approving Density Bonus No. 2023-02 as conditioned.
RESOLUTION NO. 2023-XXX entitled A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL RESIDENTIAL
DEVELOPMENT WITH TWENTY-TWO UNITS FOR THE PROPERTY
LOCATED AT 322 NORTH HARBOR BOULEVARD (APN: 198-051-17) (includes determination that no additional environmental review will be required in accordance with the California Environmental Quality Act as a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project)
2. Authorize the City Manager to execute a Density Bonus Agreement with P&P Bros Corp., for a 55-year term, for a rental residential development consisting of 22 apartment units, with two units proposed as affordable to very low income households at 322 N. Harbor Boulevard, subject to non-substantive changes approved by the City Manager and City Attorney (Agreement No. 2023-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
EXECUTIVE SUMMARY
The Jager Company, Ltd. (applicant), on behalf of P&P Bros Corp. (property owner), is requesting approval of Density Bonus Agreement (DBA) No. 2023-02 to allow the construction of a rental residential development consisting of twenty-two (22) apartment units, with two units proposed as affordable to very low income households earning less than 50% of the area median income (AMI), on a 0.34-acre site located at 322 North Harbor Boulevard. As proposed, the project will utilize waivers from development City Council 31 – 1 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
standards and/or development concessions through the density bonus agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600 through 41-1607. Moreover, the project requires approval by the Planning Commission and City Council for a density bonus to allow up to
64.71 dwelling units per acre (du/ac). The request satisfies the purpose and intent of the Harbor Mixed Use Corridor Specific Plan (SP2) to provide additional affordable housing stock to an underserved segment of the region’s population. As a result, staff recommends approval of the DBA.
Planning Commission Action
On September 25, 2023, the Planning Commission held a public hearing for the project and unanimously voted to approve Site Plan Review (SPR) No. 2023-02 as conditioned, and to recommend that the City Council approve Density Bonus Agreement No. 2023- 02 with conditions. Following this vote, the item requires City Council approval of the density bonus agreement.
DISCUSSION
Table 1: Project and Location Information
Project Description
The project includes the construction of a new four-story residential building with flats consisting of 22 apartment units, 3,377 square feet of open space, 22 parking spaces, and five bicycle spaces. The residential development will include 18 one-bedroom units, four two-bedroom units, a fitness room, and a community room/leasing office. Each of the 22 units will contain full kitchens, bedrooms, bathrooms, open/common (living) areas, and private decks. Out of the total units in the development, two units are proposed to be affordable to very low income households earning less than 50% of the area median Item Information
Project Address and Council Ward 322 N. Harbor Blvd. – Ward 1 Nearest Intersection North Harbor Boulevard and West Fifth Street General Plan Designation Urban Neighborhood-Medium High (UN-50) Zoning Designation Corridor (CDR) district within the Harbor Mixed Use Corridor Specific Plan (SP2)
North Commercial
East Vacant
South Commercial
Surrounding Land Uses
West Multi-Family Residential
Property Size 0.34-acres (14,824 square feet)
Existing Site Development The site is currently developed with a 1,495 square-foot single story commercial building.
Use Permissions Multi-Family Residential (permitted under Corridor district within SP2)
Uses Article XVI.I (Density Bonus); CDR,
Table 3-2. Permitted Uses Zoning Code Sections Affected Development Standards
CDR, Tables 3-3 through 3-9.
City Council 31 – 2 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
income (AMI), which is currently set at $71,750, adjusted for a four-person household size, as published by California Department of Housing and Community Development (HCD).
The project features a contemporary architectural style similar to many multiple-family or mixed-use residential communities under construction in the region and is complementary to the emerging architectural style in the Specific Plan area. The overall design, massing, features, and materials of the new construction will be compatible with, but differentiated from, the existing neighborhood. The contemporary architectural style would include synthetic exterior board siding, stucco finishes, vinyl frame windows, metal railings for proposed decks, wood framed awnings, split-face CMU walls, and highquality architectural detailing. Moreover, the structure is designed to fully screen all mechanical equipment within the structure and parapet walls. Overall, the project will include a design and solid construction materials that will ensure that the project ages well for the duration of the building’s lifetime.
Density Bonus
The California Density Bonus (Government Code § 65915 et seq.) law allows developers proposing five or more residential units to seek increases in base density for providing onsite housing units in exchange for providing affordable units on site. To help incentivize constructing on-site affordable units, the law allows developers to seek a density bonus that allows a project to exceed local density restrictions, as specified by state law, and up to three incentives/concessions and an unlimited number of waivers that facilitate production of units, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to “justify” the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted.
Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 50 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 2 below, the base density for the 0.34-acre site at 50 du/ac is 17 units. Out of the total units in the development, two units are proposed to be affordable to very low income. Therefore, the project would provide eleven-percent (11%) of the base units for very low income households. As such, State density bonus law allows the developer to request a maximum density bonus of 35%. This would allow a project with a total of 23 units, but the applicant is proposing to develop 22 units on the site.
Due to the project’s 11% affordability rate, under Government Code Section 65915, the developer can seek two density bonus concessions and unlimited waivers.
City Council 31 – 3 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
Table 2: Density Bonus Calculation
Affordable Unit – 11% (2 units)* Density Bonus Calculation Units Allowed Base Density - Stacked Dwelling Building type
(most “intense” type allowed in CDR) 0.34 acres x 50 du/ac 17 Units** 35-Percent State Density Bonus (17 units x 0.35) +6 Units** Total Potential Units 23 Units
Proposed Units 22 Units
*Affordable unit percentage is calculated excluding units added by a density bonus. **AB 2501 states that any density calculations resulting units shall be rounded up to the next whole number. Applies to: Number of affordable units required to be eligible for the density bonus; Base density (i.e. the number of affordable units in the base project); and Eligible bonus units.
The purpose of the State’s Density Bonus Law is to encourage the development and availability of affordable housing by requiring the inclusion of affordable housing units within new developments. Pursuant to California Government Code Sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny requested concessions and waivers and is preempted from denying the increased density required by the Density Bonus Law.
Pursuant to Government Code § 65915 (d)(1), a requested concession or incentive shall be granted unless the City makes written findings, based on substantial evidence of any of the following: (1) the concession or incentive does not result in identifiable and actual cost reductions to provide the proposed affordable housing, (2) the concession or incentive would have a specific, adverse impact on public health and safety, or on any real property listed on the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the project unaffordable to low-income and moderate-income households, or (3) the concession or incentive would be contrary to state or federal law.
The Density Bonus Law also constrains the ability to deny requested waivers. Subject to exceptions for projects that receive a waiver from controls on maximum density, Government Code Section 65915 (e)(1) provides that the City cannot apply any development standard that would physically preclude the construction of a development entitled to a density bonus at the increased density or with the concessions or incentives, unless the City makes findings that the waiver would have a specific, adverse impact on public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project’s potential impacts. Table 3 outlines the incentives/concessions and waivers requested by the applicant.
City Council 31 – 4 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
Table 3: Requested Incentives/Concessions
SP2 Standard Requirement Provided
Open Space –
Minimum Common
Open Space
(Stacked Dwelling
building type)
• Common Open Space - 15% of lot
(2,224 square feet)
SP-2, Table 3-9. Onsite Open Space
Requirements
• Common Open Space - 5% of lot
(800 square feet)
Requires Concession (1 of 2), Cal.
Gov’t Code Sec. 65915 (d)(1)(2)(B)
Building Frontage
Type and Floor
Height
• Requires building to provide a
Frontage Type identified.
SP-2, Table 3-4. Frontage Floor
Height Minimums and Districts
• Proposed design does not provide a
frontage consistent with the SP2.
Requires Concession (2 of 2), Cal.
Gov’t Code Sec. 65915 (d)(1)(2)(B)
Lot Size/Width
(Stacked Dwelling
building type)
• Lot width required for Stacked
Dwellings is between 125 feet and
200 feet.
SP2, Table 3-3. Building Type and
Form
• Existing lot width is 100 feet
Requires Waiver, Cal. Gov’t Code
Sec. 65915 (e)(1)
Onsite Open Space
(Stacked Dwelling
Type)
• Minimum 2/3 of open space is
required to be open to the sky
(1,482 square feet)
• Designed as courtyard of forecourt.
SP-2, Table 3-9. Onsite Open Space
Requirements
• 800 square feet of open space
provided that is open to sky,
deficient 682 square feet; does not
meet definition of courtyard or
forecourt
• Open space that is open to the sky
is design as a deck
Requires Waiver, Cal. Gov’t Code
Sec. 65915 (e)(1)
Onsite Parking
In addition, the site is parked in compliance with California Government Code Section 65915 (p)(2)(A) and provides 22 total surface parking spaces or one space per unit. Per the California Density Bonus Law, a jurisdiction cannot impose a vehicular parking ratio that exceeds 0.5 spaces per unit, inclusive of handicapped and guest parking, when the development includes a minimum of 11% very low income units, is located within one-half mile of a major transit stop, and when there is unobstructed access to the major transit stop from the development. At one space per unit, the proposed development exceeded the minimum required parking ratio by 0.5 space per unit.
Analysis of the Issues
Density Bonus Agreement
Pursuant to Section 41-1607 of the SAMC, because the applicant requested “deviations” (incentives/concessions and waivers), it was subject to review and approval by the Planning Commission. The Planning Commission approved the application with the following findings:
1. The proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.
2. The development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.
City Council 31 – 5 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
3. The deviation is necessary to make it economically feasible for the applicant to utilize a density bonus authorized for the development pursuant to section 41- 1603.
Table 4: Analysis of the Requested Incentives/Concessions (2) and Waivers (2) Standard Analysis
Minimum Common Open
Space Requirement
Table 3-9 (Onsite Open Space Requirements) in the Harbor Mixed-Use Transit Corridor Plan (SP2) requires a minimum of 15% of the lot size to be provided as common open space or plaza space.
As proposed, the project provides 5 percent common open space or 800 square feet in the form of a common open deck on the second floor. Strict adherence to this common open space requirement would result in a reduction in the number of units that can be provided in the overall project, thus reducing the applicant’s ability to achieving the full 35-percent density bonus to which the applicant is entitled under State Housing Law and affecting the feasibility to construct the project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs making the project economically infeasible. To help alleviate the common open space deficiency, the project proposes a 1,477-square-foot community room, a separate fitness room, and an average of 50 square feet of private open space per unit (1,100 square feet total), through use of private balconies/decks for each unit.
Building Frontage Type
and Floor Height
Table 3-4 (Frontage Floor Height Minimums and Districts) of the SP2 indicate that arcade, gallery, shop front, forecourt, stop, and front yard/porch are the six allowed frontage types. As proposed, the project does not identify a frontage type that is consistent with SP2.
Maintaining the required frontage type and minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated to the frontages design. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space.
Additionally, adherence to the frontage and floor height minimum requirements would be economically infeasible, as it would require additional cost to provide the materials required for the allowed frontage types.
Lot Size/Width (Stacked
Dwelling building type)
Table 3-3 (Building Type and Form) of the SP2 required Stacked Dwellings to have the minimum lot size dimensions of 130 feet deep and 125-200 feet wide. As proposed, the project is located in a lot with the lot size dimensions of 148.25 feet deep and 100 feet wide.
The proposed development is located on an existing lot surrounded by existing commercial and residential development. Specifically, the project is abutting an apartment complex that was first constructed in 1986 to the west and commercial buildings that were constructed in 1962 to the north and south. In order to comply with lot width standards, the developer would be required to purchase a lot to the north or south and demolish the existing City Council 31 – 6 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
When analyzed cumulatively, the requested concessions and waivers could be avoided if the project were designed on a different site or using a different site plan. If the project were designed on a larger site with a multi-level parking and/or subterranean parking structure, or if the applicant used different building materials to construct a taller project on a larger site, additional area on site would become available to provide the open space requirements and the allowed building frontage type. However, these changes would increase development costs, resulting in the housing project becoming financially infeasible due to the significantly increased financial implications of an alternative construction type compared to the relatively smaller scale of the project. In addition, these changes would reduce the number of units that could be constructed on the site and therefore eliminate the affordable housing units that would result from the project.
In addition, the changes would increase development costs and reduce the financial feasibility of redeveloping the site, resulting in the affordable housing project becoming financially infeasible due to the significantly increased financial implications. Lastly, the proposed deviations are necessary to make the project economically feasible for the development on either site. This would result in increasing costs and would make the project infeasible. Moreover, the development site and adjacent properties all have smaller than average lot widths, compared lots along north Harbor Boulevard. These lots range in lot depth and width, but most exceed 200 feet in lot width. In comparison, the site would have a lot width and depth of 148.25 feet deep and 100 feet wide, with a deviation of 25 feet for the minimum required lot width. Although the site has a deviation of 25 feet in the lot width, the applicant’s stacked dwelling building design still accomplishes the intention of the SP2 by providing a compatible design and balanced composition of massing on the project site, with appropriate interior floor area and individual unit sizes.
Onsite Open Space
(Stacked Dwelling
building type)
Pursuant to the Open Space Standards in SP2, the total onsite open space open to the sky must be two-thirds and designed as a courtyard or forecourt.
Based on the lot size for the proposed project, the total onsite open space open to the sky should be 1,482 square feet and designed as a courtyard or forecourt. As proposed, the project will have an 800 square-foot deck.
As proposed, the project provides 800 square feet of open space that is designed as a deck open to the sky. The deck will be furnished, landscaped, and connected to the interior 1,477-square-foot community room. The proposed configuration would provide a contiguous 2,277 square feet of open space. Strict adherence to the two-thirds requirement would lead to the elimination of two or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible. Moreover, due to the site’s limited size, the project proposed podium level parking, and the residential units stacked above the podium parking. Creating a courtyard or forecourt, would result in the project reducing the number of units by two or more in order to adhere to the open space standards.
City Council 31 – 7 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
applicant to utilize a density bonus authorized for the development pursuant to Section 41- 1603 of the SAMC.
Affordable Housing Opportunity and Creation Ordinance (AHOCO) The proposed development is subject to the requirements of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO), which requires rental unit developments to provide a minimum number of affordable units, depending on the proposed affordability level (i.e., low income, very low income, extremely low income, or a combination). In this case, the developer is proposing to provide very low income units. Pursuant to the AHOCO, the applicant is required to provide ten percent (10%) very low income onsite affordable units. Therefore, two very low income units would be required to be provided onsite to be rented for occupancy, or held vacant and available for immediate occupancy, by very low income tenants.
The developer is proposing to satisfy the AHOCO by providing two onsite rental units for rent to very low income tenants. These units will be dispersed throughout the community and will each contain one bedroom and will be approximately 633 square feet in size (gross area), with a 50-square-foot deck. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division, which determined the unit type to be restricted as affordable (i.e., one-bedroom) based on the breakdown of total unit types proposed (e.g., 18 one-bedroom units proposed).
Public Notification and Community Outreach
Project notifications were posted, published, and mailed in accordance with City and State regulations. In addition, staff contacted the provided contacts for the Riverview West and Santa Anita Neighborhood Association to ensure they were aware of the project and public hearing. At the time this report was printed, no issues of concern were raised regarding the proposed development.
ENVIRONMENTAL IMPACT
Pursuant to the requirements of the California Environmental Quality Act (CEQA), an Environmental Impact Report (EIR) was prepared and certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Corridor Specific Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR.
As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced.
FISCAL IMPACT
There is no fiscal impact associated with this action.
City Council 31 – 8 11/21/2023
Density Bonus Agreement No. 2023-02: Residential Development (322 N Harbor Blvd.) November 21, 2023
EXHIBIT(S)
1. Resolution – Density Bonus Agreement
2. Draft Density Bonus Agreement
3. September 25, 2023 – Planning Commission Staff Report and Exhibits Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Steven A. Mendoza, Acting City Manager
City Council 31 – 9 11/21/2023
Resolution No. 2023-XXX
RESOLUTION NO. 2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2023-02 AS CONDITIONED FOR A NEW RENTAL
RESIDENTIAL DEVELOPMENT WITH TWENTY-TWO
UNITS FOR THE PROPERTY LOCATED AT 322 NORTH
HARBOR BOULEVARD (APN: 198-051-17)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows:
A. The Jager Company, Ltd. (Applicant), on behalf of P&P Bros Corp. (Property Owner), is requesting approval of Density Bonus Agreement (DBA) No. 2023-02 to allow the construction of a rental residential development, consisting of twenty-two apartment units with two units proposed as affordable to very low income households earning less than 50 percent of the area median income (AMI) for the property located at 322 N.
Harbor Boulevard.
B. The Harbor Mixed Use Transit Corridor Specific Plan was adopted in 2014 to lay the foundation for a more livable and sustainable corridor by creating zoning to allow for new housing and mixed-use development opportunities, providing development flexibility to meet market demands, using a multimodal approach to circulation, and creating a stronger identity for the area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including affordable residential communities, live/work units, service and retail, and professional offices.
C. The California Density Bonus law allows developers to seek increases in base density for providing on-site housing units in exchange for providing affordable units on site. To incentivize constructing on-site affordable units, the law allows developers to seek a density bonus that allows a project to exceed local density restrictions, as specified by state law, as well as incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health.
D. The Applicant’s request has been thoroughly evaluated by the City’s Development Review Committee (DRC) through Development Project No. 2022-03. Through this review, the DRC has considered the subject site, proposed development, and the Applicant’s requests for a density bonus, and City Council 31 – 10 11/21/2023
Resolution No. 2023-XXX
requested incentives/concessions and waivers pursuant to the State’s Density Bonus Law.
E. Section 41-1607 of the Santa Ana Municipal Code (SAMC) requires an application for a density bonus agreement containing deviations (incentives/concessions and/or waivers) to be approved by the Planning Commission.
F. On September 25, 2023, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral and unanimously voted to approve Site Plan Review (SPR) No. 2023-02 as conditioned, and recommended that the City Council approve Density Bonus Agreement No. 2023-02 as conditioned.
G. On November 21, 2023, the City Council of the City of Santa Ana held a duly noticed public meeting and at that time considered all testimony, written and oral.
H. The City Council determines that the following findings, which must be established in order to grant this Density Bonus Agreement application pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2023-02 to allow construction of the proposed project:
1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing opportunities in economically balanced communities throughout the city.
The proposed development will provide twenty-two residential rental units, including two units for very low income
households, contributing toward the City’s rental housing stock to serve the needs of diverse and underserved
populations. The area in which the project is proposed, the Harbor Mixed Use Transit Corridor, currently contains a mix of uses, including single-family residential, medium and medium-high density apartments, townhomes, and
neighborhood- serving commercial. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment
opportunities, commercial development, and market-rate
housing.
2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element.
City Council 31 – 11 11/21/2023
Resolution No. 2023-XXX
The project site is in an area already identified in both the City’s Zoning Code (the Harbor Mixed Use Transit Corridor) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the City’s General Plan land use designation for the project site is Urban NeighborhoodMedium High (UN-50), which allows for the development of semi-urban villages that are well connected to schools, parks, and shopping centers. These areas are accessible by multiple modes of transportation, have lively and pedestrian-friendly streetscapes, and are designed to foster community interaction.
This designation allows a mix of uses, including medium and medium-high density apartments, townhomes, garden- or
motor-court homes, and neighborhood- serving commercial.
Mixed-use projects are allowed in both horizontal
configurations, with commercial and residential uses side-byside, and vertical, with commercial uses on the ground floor and residential above. Lastly, the proposed density of 64.71 dwelling units per acre (du/ac) is within the limits established by the California Density Bonus Law for an eleven-percent
affordability rate for two very-low income units.
3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603.
The proposed project requires two deviations through
incentives/concessions: (1) minimum common open space
and (2) building frontage type/floor height; as well as two deviations through a waiver; (1) lot size/width; and (2) onsite open space (i.e., open to the sky, open space design, and interior open space). The deviations are described as follows:
Minimum Common Open Space Requirement
Table 3-9 (Onsite Open Space Requirements) in the Harbor Mixed-Use Transit Corridor Plan (SP2) requires a minimum of 15 percent of the lot size to be provided as common open space or plaza space.
As proposed, the project provides 5 percent common open space or 800 square feet in the form of a common open deck on the second floor. Strict adherence to this common open space requirement would result in a reduction in the number of units that can be provided in the overall project, thus not achieving the full 35-percent density bonus to which the Applicant is entitled and affecting the feasibility to construct City Council 31 – 12 11/21/2023
Resolution No. 2023-XXX
the project. In order to provide the required common open space and maintain the current proposed unit count, the developer would be required to construct additional floor levels, which would exceed the maximum allowable height as part of the Harbor Mixed Use Transit Corridor Plan (SP-2), and would further increase development costs making the project economically infeasible. To help alleviate the common open space deficiency, the project proposes a 1,477-squarefoot community room, a separate fitness room, and an average of 50 square feet of private open space per unit (1,100 square feet total), through use of private
balconies/decks for each unit.
Building Frontage Type and Floor Height Requirement
(Incentive/Concession)
Table 3-4 (Frontage Floor Height Minimums and Districts) of the SP2 indicate that arcade, gallery, shop front, forecourt, stop, and front yard/porch are the six allowed frontage types.
As proposed, the project does not identify a frontage type that is consistent with SP2.
Maintaining the required frontage type and minimum floor heights would result in a complete site and architectural redesign, involving more of the site area dedicated to the frontages design. In order to maintain the current proposed unit count, the developer would be required to redesign the site and elevation design, further increasing development costs and potentially leading to a loss of residential units, and a loss of further open space. Additionally, adherence to the frontage and floor height minimum requirements would be economically infeasible, as it would require additional cost to provide the materials required for the allowed frontage types.
Lot Size/Width (Stacked Dwelling building type) (Waiver) Table 3-3 (Building Type and Form) of the SP2 required
Stacked Dwellings to have the minimum lot size dimensions of 130 feet deep and 125-200 feet wide. As proposed, the project is located in a lot with the lot size dimensions of 148.25 feet deep and 100 feet wide.
The proposed development is located on an existing lot
surrounded by existing commercial and residential
development. Specifically, the project is abutting an
apartment complex that was first constructed in 1986 to the west and commercial buildings that were constructed in 1962 City Council 31 – 13 11/21/2023
Resolution No. 2023-XXX
to the north and south. In order to comply with lot width standards, the developer would be required to purchase a lot to the north or south and demolish the existing development on either site. This would result in increasing costs and would make the project infeasible. Moreover, the development site and adjacent properties all have smaller than average lot widths, compared lots along north Harbor Boulevard. These lots range in lot depth and width, but most exceed 200 feet in lot width. In comparison, the site would have a lot width and depth of 148.25 feet deep and 100 feet wide, with a deviation of 25 feet for the minimum required lot width. Although the site has a deviation of 25 feet in the lot width, the Applicant’s stacked dwelling building design still accomplishes the intention of the SP2 by providing a compatible design and balanced composition of massing on the project site, with appropriate interior floor area and individual unit sizes.
Onsite Open Space (Stacked Dwelling building type) (Waiver) Pursuant to the Open Space Standards in SP2, the total
onsite open space open to the sky must be two-thirds and designed as a courtyard or forecourt. Based on the lot size for the proposed project, the total onsite open space open to the sky should be 1,482 square feet and designed as a courtyard or forecourt. As proposed, the project will have an 800 squarefoot deck.
As proposed, the project provides 800 square feet of open space that is designed as a deck open to the sky. The deck will be furnished, landscaped, and connected to the interior 1,477-square-foot community room. The proposed
configuration would provide a contiguous 2,277 square feet of open space. Strict adherence to the two-thirds requirement would lead to the elimination of two or more units, which would affect the feasibility to construct the project. In order to maintain the current proposed unit count, the developer would be required to construct additional floor levels or required to provide underground parking, which would further increase development costs and make the project financially infeasible.
Moreover, due to the site’s limited size, the project proposed podium level parking, and the residential units stacked above the podium parking. Creating a courtyard or forecourt, would result in the project reducing the number of units by two or more in order to adhere to the open space standards
Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, an Environmental Impact Report (EIR) was prepared and City Council 31 – 14 11/21/2023
Resolution No. 2023-XXX
certified in 2014 in order to address the potential environmental impacts associated with the Harbor Mixed Use Plan. A mitigation monitoring and reporting program (MMRP), findings of fact, and a statement of overriding consideration were adopted with the 2014 EIR. As proposed, the development is not anticipated to have additional environmental impacts not addressed in the 2014 EIR. Therefore, no additional environmental review will be required. Based on this analysis, a Notice of Exemption, Environmental Review No. 2022-12 will be filed for this project. However, all applicable mitigation measures in the original EIR and associated MMRP will be enforced.
Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.
Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Density Bonus Agreement No. 2023-02 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to:
the Request for Planning Commission Action dated September 25, 2023, and exhibits attached thereto; the Request for City Council Action dated November 21, 2023, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference.
[Signatures on the following page]
City Council 31 – 15 11/21/2023
Resolution No. 2023-XXX
ADOPTED this 21st day of November 2023, by the following vote:
Valerie Amezcua
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Jose Montoya
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
City Council 31 – 16 11/21/2023
Resolution No. 2023-XXX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, , City Clerk, do hereby attest to and certify the attached Resolution No. 2023-XX to be the original resolution adopted by the City Council of the City of Santa Ana on , 2023.
Date:
City Clerk
City of Santa Ana
City Council 31 – 17 11/21/2023
Resolution No. 2023-XXX
EXHIBIT A
Conditions for Approval for Density Bonus Agreement Application No. 2023-02 Density Bonus Agreement Application No. 2023-02 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, it shall meet the following conditions of approval:
The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by the Density Bonus Agreement.
The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation/termination of the Density Bonus Agreement.
1. All proposed site improvements must conform to the Development Project (DP) approval of DP No. 2022-03.
2. Any amendment to the DP No. 2022-03, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the Development Project Review must be amended.
3. All mechanical equipment shall be screened from view from public and courtyard areas.
4. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction.
5. Prior to issuance of building permits, the Applicant shall provide written notification to the residential community located to the west of the site. This notification shall include comprehensive information about the nature of the proposed activities, anticipated timelines, and contact information for inquiries.
The notification shall be delivered via certified mail. Additionally, a designated representative shall be available to address any concerns or inquiries raised by the residential community during this notification period.
6. Prior to issuance of building permits, the Applicant shall submit to the Planning Division and have approved a Parking Management Plan (PMP). The PMP shall City Council 31 – 18 11/21/2023
Resolution No. 2023-XXX
provide for measures to address any parking shortages that may result from the project, with terms including but not limited to:
a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and
c. Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed.
7. Two weeks prior to the commencement of construction, notification must be provided to property owners within 500 feet of the project site disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period.
8. Prior to installation of landscaping, the Applicant shall submit representative photos and specifications of all trees to be installed on the project site for review and approval by the Planning Division. Specifications shall include, at a minimum, the species, box size (24 inches minimum), brown trunk height (10-foot minimum), and name and location of the supplier.
9. After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans.
10.Prior to final occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following:
a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control City Council 31 – 19 11/21/2023
Resolution No. 2023-XXX
and noise mitigation measure; adherence to approved project phasing etc.);
b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses);
c. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable;
d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms;
f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement;
g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any City Council 31 – 20 11/21/2023
Resolution No. 2023-XXX
unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and
h. The execution and recordation of the maintenance agreement shall be a condition precedent to the Certificate of occupancy.
City Council 31 – 21 11/21/2023
1 RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: Clerk of the Council
________________________________________________________________________ Free Recording pursuant to
Government Code 27383
DENSITY BONUS HOUSING AGREEMENT
(322 N. Harbor Boulevard, Santa Ana, California; APN: 198-051-17) This DENSITY BONUS HOUSING AGREEMENT (“Agreement”), made and entered into this day of , 2023 (“Effective Date”), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and P & P Bros Corp., a California Corporation (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.”
RECITALS
A. Developer is the owner of certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 322 N. Harbor Boulevard, Santa Ana, California, 92703, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full (“Property”).
B. Developer is proposing to construct a residential development consisting of no more than twenty-two (22) residential rental units on the Property, as more particularly set forth in Density Bonus Application No. 2022-3 and Development Site Plan Review No. 2022-2 (“Project”). Without the density bonus, Developer would only be permitted to building seventeen (17) units on the Property.
C. Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities and/or incentives, concessions, or waivers to property owners who guarantee that a portion of their residential development will be available to low income, very low income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very low income, low income and senior households throughout the city.
D. The project is proposing a total of twenty-two (22) residential units, including two (2) units for very-low income households. Pursuant to California Government Code sections City Council 31 – 22 11/21/2023
2 65915(p)(2)(A), the Project will provide twenty-two (22) total onsite parking spaces or 1 space per one-bedroom and two-bedroom units. No parking concession is requested or provided.
E. For the purpose of implementing this State Density Bonus Law onsite parking standard incentive, Developer has agreed to restrict eleven percent (11%) of the units, in the Project to very low income households, which will result in two (2) Affordable Units, as defined.
F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law and City Density Bonus for Affordable Housing. For purposes of this Agreement, the Project shall be the “housing development” as defined in the State Density Bonus Law.
G. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Sections 65915 (d)(1)(2)(B), and 65915(e)(1), the City has determined to approve the application with two (2) concessions and two (2) waivers.
H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus incentive set forth herein.
NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:
1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by Health and Safety Code Section 50052.5(h).
1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement, and which shall not exceed one-twelfth (1/12) of the product of thirty percent (30%) times fifty percent (50%) times the Median Income for Orange County, as defined in Section
1.1.16. The Affordable Rent shall be adjusted to reflect a reasonable utilities allowance for utilities paid by the household using the Santa Ana Housing Authority Multi-Family Housing Utility Allowance Schedule, and shall be updated no less than annually.
1.1.3 “Affordable Rent Schedule” means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be City Council 31 – 23 11/21/2023
3 rented or available for rent to Very Low Income Tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit (“Initial Rent Schedule”) and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area (“PMSA”) as published by the California Department of Housing and Community Development (“HCD”), adjusted for family size, and shall be updated no less than annually.
1.1.4 "Affordable Units" means two (2) units, which shall be comprised of two (2) one-bedroom units for Very Low Income Tenants. Any change to the number or distribution of Affordable Units is subject to City Manager approval.
1.1.5 "Agreement" means this Density Bonus Housing Agreement.
1.1.6 "City" means the City of Santa Ana, California
1.1.7 "City Council" means the City Council of the City of Santa Ana.
1.1.8 "City Attorney" means the City Attorney for the City of Santa Ana.
1.1.9 "City Manager" means the City Manager for the City of Santa Ana.
1.1.10 "City's Planning Commission" means the Planning Commission for the City of Santa Ana.
1.1.11 ''Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below.
1.1.12 "Developer" means P & P Bros Corp, a California Corporation, and its permitted successors and assigns to all or any part of the Property. “Developer” may also be referred to as “Owner” interchangeably throughout the Agreement.
1.1.13 "Effective Date" means the date the City Council of City approves this Agreement and from then on this Agreement shall be in full force and effect.
1.1.14 "Eligible Household" means a Household whose income does not exceed the qualifying limit for a “Very Low Income Tenant” as defined herein.
1.1.15 "Household" means all persons residing in a Unit.
1.1.16 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit, pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD.
1.1.17 "Monthly Rent" means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees, (c) a reasonable allowance for an adequate City Council 31 – 24 11/21/2023
4 level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, to the extent applicable and charged to a Household, and (d) possessory interest, taxes or other fees or charges assessed for use of the land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge.
1.1.18 "Project" means that certain residential development as more particularly described in Recital B and Section 2 of this Agreement.
1.1.19 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon.
1.1.20 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date.
1.1.21 "Unit" means a residential dwelling unit within the Project to be constructed by the Developer pursuant to this Agreement.
1.1.22 "Unrestricted Units" means the Units within the Project to be constructed by Developer to a Household without restriction.
1.1.23 “Very Low Income Tenant” means a Household whose income does not exceed fifty percent (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by HCD.
1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
1.2.1 Exhibit A – Legal Description of the Property
1.2.2 Exhibit B – Tenant Verification
1.2.3 Exhibit C – Annual Tenant Recertification
1.2.4 Exhibit D – Annual Rental Housing Compliance Report
1.2.5 Exhibit E – Notice of Affordability Restrictions on Transfer of Property
2. DEVELOPMENT OF THE PROPERTY
2.1 Project. Developer shall develop, operate, and maintain, or cause the development operation and maintenance of, the Property as a twenty-two (22) Unit residential development, with two (2) Affordable Units for Very Low Income Tenants.
City Council 31 – 25 11/21/2023
5 2.2 Density Bonus. The base density for the Property is seventeen (17) dwelling units.
By agreeing to provide two (2) Affordable Units, Developer understands and agrees that the State Density Bonus Law would allow a maximum density bonus of thirty-five percent (35%), which would equate to six additional units. Pursuant to this Agreement, Developer proposes and agrees to a Project that includes only five (5) additional Units (“Density Bonus Units”). Accordingly, the Project shall have twenty-two (22) Units, including two (2) Affordable Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement.
Developer shall not construct or develop, or otherwise claim a right to construct or develop, any additional Units on the Property.
2.3 Development Incentives and Waivers. Developer petitioned for concessions, incentives, and waivers, and has been granted the following, as part of the approval of Density Bonus Application (DBA) No. 2023-02 for the Project:
2.3.1 Concessions. In accordance with Government Code Section 65915 (d)(1)(2)(B), Developer is granted the following concessions:
(a) Relief from the 15-percent minimum common open space requirements as set forth in Table 3-9 (Onsite Open Space Requirements) as part of the Harbor Mixed-Use Transit Corridor Specific Plan (SP-2). (b) Relief from the frontage design types within the Corridor land use district, as set forth in Table 3-4 (Frontage Floor Height Minimums and Districts) as part of the Harbor Mixed-Use Transit Corridor Specific Plan (SP-2).
2.3.2. Waivers. In accordance with Government Code Section 65915(e)(1), Developer is granted the following waivers:
(a) A waiver of the minimum lot width requirement of between 125 feet and 200 feet for Stacked Dwellings, as set forth in Table 3-3 (Building Type and Form) as part of the Harbor Mixed-Use Transit Corridor Specific Plan (SP2), provided that the lot width is a minimum of 100 feet. (b) A waiver of the requirement for two-thirds of the common open space area to be open to the sky and placed at the rear or side yard, or in the front as a forecourt, as part of the Harbor Mixed-Use Transit Corridor Specific Plan (SP-2), provided that at least five-percent (5%) of the lot is open to the sky.
2.3.3. Parking Requirements. The Project’s onsite parking shall comply with Government Code section 65915(p)(2)(A). No additional parking concession is requested or provided. The Project will provide twenty-two (22) total onsite parking spaces or one (1) space per one-bedroom and two-bedroom units.
2.4 No Further Concessions or Incentives. Developer acknowledges and agrees that the incentives, concessions, and waivers set forth in section 2.3 above fully satisfy any duty City may have under the Santa Ana Municipal Code, the Density Bonus Law, or any other law or City Council 31 – 26 11/21/2023
6 regulation to provide any development incentive or to waive any building, zoning, or other requirement in return for providing Affordable Units. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City’s obligation to waive requirements of or provide development incentives pursuant to any state, federal, or local law, rule, or regulation applicable to the Project.
2.5 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than twenty (20) Unrestricted Units, which shall be comprised of sixteen (16) one-bedroom units and four (4) two-bedroom units.
2.6 Affordable Units. The Project, for purposes of this Agreement, shall have no less than two (2) Units, which shall be comprised of two (2) one-bedroom units designated as Affordable Units pursuant to the terms and conditions of this Agreement. The Affordable Units shall be consistent with all City approvals, comparable in bedroom distribution and amenities to the Unrestricted Units, and shall be located throughout the Project as required under Santa Ana Municipal Code section 41-1602(c)(5).
2.7 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units.
2.8 Permits and Processing; Compliance with Laws. Developer, at its sole cost and expense, shall secure or cause to be secured any and all permits that may be required by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, Developer shall carry out and perform the development, operation, and maintenance of the Project in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City’s sole determination, then City shall have the option to declare this Agreement null and void in its sole discretion.
2.9 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project.
City Council 31 – 27 11/21/2023
7 2.10 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hire and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule.
2.11 Mechanic's Liens; Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof, by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non-responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities, and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer.
3. AFFORDABILITY
3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date a certificate of occupancy is issued for the initial Affordable Unit.
3.2 Memorializing Commencement of Total Affordability Term. Developer shall keep detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control.
3.3 Levels of Affordability.
3.3.1 Affordable Rent for Very Low Income Tenants. Developer covenants that no less than two (2) Affordable Units in the Project shall at all times during the Total Affordability Term be rented to, or held vacant and available for immediate occupancy by Eligible Households, at an Affordable Rent.
City Council 31 – 28 11/21/2023
8 4. OWNERSHIP AND OPERATION OF THE PROJECT BY DEVELOPER
4.1 Payment of Density Bonus Setup Fee. A Density Bonus Setup Fee in the amount of Four Thousand Six Hundred Seventy Five Dollars and Seventy Cents ($4,675.70) will be charged to the Developer and must be paid prior to execution of this Agreement.
4.2 Recording of Documents. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. The date of recording of the Agreement shall be the Effective Date of the Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project for the Total Affordability Term. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law and City Density Bonus Law, and to ensure the continued supply of Affordable Units in the Project, except as expressly set forth in this Agreement.
4.3 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Term.
4.4 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be dispersed throughout the Project in accordance with the terms and conditions set forth in this Agreement. The Affordable Units shall be permitted to float among all twenty-two (22) apartment units in the Project, provided that the Affordable Units shall be comparable in amenities to the Unrestricted Units and reasonably dispersed throughout the Project.
The location of the first two Affordable Units to be occupied will be subject to the City’s approved Inclusionary Housing Plan, and identified in the Annual Compliance Report submitted to the City pursuant to Section 4.11.2.
4.5 Occupancy Levels. Subject to state or federal laws and regulations, the number of persons permitted to occupy each Affordable Unit shall not exceed two persons per bedroom, plus one person. In the event that a household residing in an Affordable Unit exceeds the permitted number of persons, then that household shall be placed on a waiting list for the appropriate-sized unit and be eligible for transfer when an appropriate-sized unit becomes available. The household will be placed on the waiting list for up to one-hundred and eighty (180) days. If an appropriatesized unit does not become available during the 180 days, the Owner will have grounds to terminate that household’s lease. If the household refuses to transfer to an appropriate-sized unit then the Developer will also have grounds to terminate that household’s lease.
4.5.1 Written Notification. If an Eligible Household, during the term of its tenancy, adds members that exceed the maximum occupancy allowed under this section, City Council 31 – 29 11/21/2023
9 Developer shall provide written notification informing the household that: it is overoccupancy; has been placed on a waiting list for up to one-hundred and eighty (180) days; the expiration date of the waiting list; and the terms for terminating the lease. A written status update will be provided to the household at one-hundred and twenty (120) days, ninety (90) days, sixty (60) days and thirty (30) days if applicable.
4.6 Use of the Property. All uses conducted on the Property, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as an apartment complex and none of the Affordable Units in the Project shall at any time be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project’s residents shall be available on an equal, nondiscriminatory basis to residents of all Units at the Project.
4.7 Maintenance. Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project.
4.8 Marketing and Resident Selection Plan. Each Affordable Unit shall be leased to Eligible Households selected by the Developer who meet all of the requirements provided herein.
Prior to Certificate of Occupancy, Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, of a marketing program and resident selection plan for the leasing of the Affordable Units at the Project (“Marketing Program”). The City shall approve or deny the Marketing Program within ten (10) business days of submittal by the Developer. In the event Marketing Program is neither approved nor denied within said time period, the Marketing Program shall automatically be considered approved. The leasing of the Affordable Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City’s prior written approval, which approval shall not unreasonably be withheld. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units.
4.8.1 The Marketing Program shall include, but is not limited to, marketing and community outreach activities, proposed tenant selection criteria, occupancy standards, income requirements, timeline and details for outreach and marketing, data collection, record keeping and monitoring, procedures for complaints, and compliance assessment.
Components of the resident selection plan shall include, but are not limited to, the application process, interview procedure, apartment offer and assignment, rejected applications, and wait list management. All requirements set forth herein shall be incorporated in the Marketing Program.
City Council 31 – 30 11/21/2023
10 4.9 Rental Lease Agreement. Developer shall prepare and obtain City’s approval, which approval shall not be unreasonably withheld, of a rental lease agreement (“Lease Agreement”). All Lease Agreements must 1) identify the names and ages of all members of the household who will occupy the Affordable Unit; and 2) state that the Household’s right to occupy the Affordable Unit is subject to compliance with the Median Income requirements, adjusted for family size appropriate to the unit, as periodically published by HCD. All Lease Agreements must be consistent with the terms contained in this Density Bonus Agreement.
4.9.1 Prohibited Lease Terms. The Lease Agreement may not contain any of the following provisions:
(a) Agreement to be Sued. Agreement by the tenant to be sued, to admit to guilt, or to a judgment in favor of the owner in a lawsuit brought in connection with the lease;
(b) Treatment of Property. Agreement by tenant that the owner may take, hold, or sell personal property of household members without notice to tenant and a court decision on the rights of the parties. This prohibition, however, does not apply to an agreement by the tenant concerning disposition of personal property remaining in the housing unit after the tenant has moved out of the unit. The Developer may dispose of this personal property in accordance with State law; (c) Excusing Developer of Responsibility. Agreement by the tenant not to hold the Developer of the Developer’s agent legally responsible for any action or failure to act, whether intentional or negligent;
(d) Waiver of Notice. Agreement of the tenant that the Developer may institute a lawsuit without notice to the tenant;
(e) Waiver of Legal Proceedings. Agreement by the tenant that the owner may evict the tenant or household members without instituting a civil court proceeding in which the tenant has the opportunity to present a defense, or before a court decision on the rights of the parties;
(f) Waiver of a Jury Trial. Agreement by the tenant to waive any rights to a trial by jury;
(g) Waiver of Right to Appeal Court Decision. Agreement by the tenant to waive the tenant’s right to appeal, or to otherwise challenge in court, a court decision in connection with the lease; and
(h) Tenant Chargeable with Cost of Legal Action Regardless of Outcome.
Agreement by the tenant to pay attorney’s fees or other legal costs even if the tenant wins in a court proceeding by the owner against the tenant. The tenant, however, may be obligated to pay costs if the tenant loses.
4.10 Selection of Tenants.
4.10.1 Developer shall be responsible for the selection of tenants for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement.
4.10.2 Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy, the Developer shall give preference in leasing the Affordable Units to Eligible Households that live and/or work in the City of Santa Ana or who have an active City Council 31 – 31 11/21/2023
11 Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority.
4.10.3 All applicants will be screened and “lotterized.” A waiting list will be created from a lottery generated from the initial pool of rental applications. The waiting list will track applicant name and contact information, lottery number (or designated number after the initial lottery), household income, household size, status of application, and any other information deemed necessary. The waiting list will be maintained as an electronic file and available for audit by the City of Santa Ana in accordance with resident selection procedures as set forth herein.
4.10.4 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein.
4.11 Income Verification and Certification.
Developer agrees to make a good faith effort to verify that the income and asset statement provided by an applicant in an income certification is accurate by taking, at a minimum, at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant’s current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification.
4.11.1 Gross Household Income. Gross household income means all income from whatever source from all Adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914.
4.11.2 Annual Recertification. Developer agrees to recertify household eligibility annually. Notification of Annual Tenant Recertification shall be sent to the household in substantially the form attached hereto as Exhibit C. An Annual Rental Housing Compliance Report (“Annual Compliance Report”) shall be sent to the City in substantially the form attached hereto as Exhibit D. The Annual Compliance Report shall be due to the City within 30 days of the anniversary of the commencement of the Total Affordability Term, which is the date that each building receives all required occupancy permits from the City.
4.11.3 Continued Income Qualification and Vacated Affordable Units. If the annual recertification demonstrates that a previously eligible tenant’s gross household City Council 31 – 32 11/21/2023
12 income exceeds the Median Income for the Affordable Unit, the pertinent actions from the following list must be taken:
(a) The Developer may offer to rent the unit to the previously, but no longer, Eligible Household as an Unrestricted Unit without any limitations on rental rates. In that case, the Developer must then make available for rent to an Eligible Household another unit within the Project that meets the size and location requirements for Affordable Units under this Density Bonus Agreement. If there are no vacant units meeting those requirements, then the next available unit within the Project which does meet those requirements must be rented to an Eligible Household.
(b) If the no longer Eligible Household either moves to another Unrestricted Unit within the Project or leaves the Project altogether, then the vacated Affordable Unit or, at Developer’s election any other Unrestricted Unit within the Project which meets the size and location requirements for Affordable Units under this Density Bonus Agreement and has the same number of bedrooms as the vacated unit shall be rented as an Affordable Unit to an Eligible Household.
4.12 Monitoring and Recordkeeping. Throughout the Term of this Agreement, Developer shall annually complete and submit to City the Annual Compliance Report. Owner agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City’s obligation to monitor Owner’s compliance with the affordability restrictions contained in this Agreement related to the Affordable Units, not to exceed monitoring costs for up to two (2) Affordable Units. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project relating to the Affordable Units and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City. Developer agrees to cooperate with City in making the Property and the records of the Project relating to the Affordable Units available for such inspection or audit. Developer agrees to maintain each record of the Project for no less than five (5) years after creation of each such record.
Subject to tenants’ rights under State and Municipal law, the Developer shall allow the City to conduct annual inspections of each of the Affordable Units on the Property after the date of construction completion, with reasonable notice. Developer shall cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City.
4.13 Notice of Affordability Restrictions on Transfer of Property. In the event the Developer wishes to sell or transfer the Project during the Total Affordability Term, the City and the Developer shall execute and deposit into escrow, or record against the Property, a Notice of Affordability Restrictions on Transfer of the Property as contained herein (Exhibit E). The sale or transfer of the Property, shall not be effective unless and until the City and the transferee execute the documents necessary to transfer the Density Bonus Agreement obligations from the Developer to the transferee.
City Council 31 – 33 11/21/2023
13 4.14 Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site.
Developer shall continually monitor and take the following measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way.
a. Requiring onsite parking permits (such as stickers or hang-tags) for any parking in the onsite parking spaces for both residents and guests; b. Policies for maximum time vehicles may be parked in the surface parking spaces, including any guest parking; and
c. Policies for towing unauthorized vehicles, vehicles parked in unauthorized locations (such as fire lanes), vehicles parking in surface guest parking without a sticker, hang-tag, or other identifiers, and vehicles parked longer than any maximum guest parking timeframes allowed.
Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the Planning and Building Agency (“PBA”) a Parking Management Plan (the “PMP”), including those measures above. The approved PMP shall be adhered to and be enforced by the Project at all times.
4.15 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the project’s Density Bonus, in recognition of the City’s desire to optimize the energy efficiency of the project, Developer agrees to consult with the project design team, a CABEC certified 2019 Certified Energy Analyst, a LEED AP Homes (low-rise and mid-rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures. Prior to the meeting, the energy analyst shall complete an initial energy model based on either current T24 standards or, if the project is eligible, the California Utility Allowance Calculator using best available information on the project. To the extent financially feasible for the project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities.
4.16 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on-site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies:
a. Police Department
b. Fire Department
c. Planning and Building Agency
d. Community Development Agency
City Council 31 – 34 11/21/2023
14 4.17 Crime Free Housing. Developer shall work with City staff to formalize a crime free housing policy, procedure, and design plan (the “CFH Plan”), which includes the following provisions:
a. Requiring parking areas and common interior areas (lobbies, elevators, etc.) to contain security cameras;
b. Requiring routine unit inspections;
c. Ensuring lobby/other entrance doors are secured and accessed via remote controls, fobs, etc.; and
d. Have policies in place to ensure that common use areas such as hallways and trash enclosures are maintained in good condition and repair (e.g., well-lit, kept clean, etc.)
Developer shall submit and obtain approval from the PBA the CFH Plan meeting the requirements of this Subsection 4.18 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Developer or a designated property manager.
4.18 [Intentionally Omitted]
5. [INTENTIONALLY RESERVED]
6. TERM OF THIS AGREEMENT
6.1 Term. The term of this Agreement ("Density Bonus Agreement Term") shall commence on the Effective Date and shall continue until the expiration of the Total Affordability Term.
7. DEFAULT AND TERMINATION; INDEMNIFICATION
7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default.
Notwithstanding the above, should the Developer elect to not proceed with the Project prior to commencement of construction, the Developer shall submit written notice of such termination (“Termination Letter”) to the City, which Developer, for itself, its successors and assigns, states that it waives, forfeits, and relinquishes any and all benefits under this Agreement. Upon City’s City Council 31 – 35 11/21/2023
15 receipt of the Termination Letter, the Parties agree to terminate this Agreement, except that the obligations of Section 4.1 and 7.3 shall survive termination. Developer shall, at its sole cost and expense, prepare and record a Termination of Agreement, which City shall review and approve, in the exercise of reasonable discretion. Such termination shall not be considered a default by any Party, but it shall result in a termination of the Agreement as provided for herein.
7.2 Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. Notwithstanding anything to the contrary contained in this Agreement, in no event shall either Party be liable for speculative, consequential, punitive, or other indirect damages arising from a breach of this Agreement, and each Party waives any right to collect speculative, consequential, punitive or other indirect damages against the other Party which arise from a breach of this Agreement.
7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the active negligence or willful misconduct of Indemnitees..
8. ASSIGNMENT; COVENANTS RUN WITH THE LAND
8.1 Assignment by Developer.
8.1.1 Prohibited Transfers or Assignments. Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, in whole or in part, unless the sale, transfer, or assignment complies with this Section 8 (“Permitted Transfer”). If Developer seeks a Permitted Transfer, Developer shall request City’s written consent, and City shall respond within fourteen (14) days with a written approval or denial. The City’s determination shall not be unreasonable or arbitrary. If City approves such a request, then prior to any such sale, transfer or assignment, Developer shall pay City’s reasonable fees as compensation for the City’s review of the request.
City’s failure to respond to the request within fourteen (14) days shall be deemed an approval.
8.1.2 Sale of Property. Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Owner further understands and agrees that the Density Bonus permit approvals received City Council 31 – 36 11/21/2023
16 for this Project have been made on the condition that Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Affordable Units in accordance with the terms and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of 55 consecutive years commencing upon the date that the Project is first occupied.
8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement.
8.1.4 Unpermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments.
8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City.
9. MISCELLANEOUS
9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties with respect to the Density Bonus Agreement, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.
City Council 31 – 37 11/21/2023
17 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council, or through the City Manager as detailed herein, and signed on behalf of each party. The City Manager shall have the authority to make approvals, issue interpretations, execute documents, waive provisions, and/or enter into amendments of this Agreement on behalf of City that further the intent of this Agreement. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City’s review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Property in the Official Records of Orange County, California.
9.3 Notices.
9.3.1 Delivery. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next-day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next-day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party. All notices shall be addressed as follows:
If to City: City of Santa Ana
Community Development Agency
20 Civic Center Plaza (M-26)
P.0. Box 1988
Santa Ana, California 92702
Attention: Housing Manager
With a copy to: Office of the City Attorney
City of Santa Ana
20 Civic Center Plaza, 7th Floor (M-29)
Santa Ana, California 92702
If to Developer: P & P Bros Corp
18685 Main Street, Ste. 101-385
Huntington Beach, California 92648
Attn: Thao Lisa Vu
9.3.2 Change of Address. Either Party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or City Council 31 – 38 11/21/2023
18 representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.
9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement.
9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.
9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.
9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates.
9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers.
9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.
9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
9.12 Non-Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related City Council 31 – 39 11/21/2023
19 activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement.
9.14 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Party's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance.
9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.
9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof.
9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.
9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this City Council 31 – 40 11/21/2023
20 Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property.
9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.
Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements as may be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City.
9.21 Estoppel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party.
9.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus for Affordable Housing, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval of this density bonus project.
9.23 Attorneys' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party.
9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants City Council 31 – 41 11/21/2023
21 and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement.
ATTEST: CITY OF SANTA ANA
___________________________ _______________________
Jennifer L. Hall Kristine Ridge
City Clerk City Manager
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
___________________________
By: Jose Montoya
Assistant City Attorney
RECOMMENDED FOR APPROVAL: P & P BROS CORP, A CALIFORNIA
CORPORATION
______________________________ _______________________
Michael Garcia Thao Lisa Vu
Executive Director
Community Development Agency
City Council 31 – 42 11/21/2023
City Council 31 – 43 11/21/2023
22 EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA,
IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE NORTH 100 FEET OF THE SOUTH 300 FEET OF THE EAST HALF OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN. EXCEPTING THEREFROM THE WEST 132 FEET. ALSO EXCEPT
THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBONS, BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS RESERVED IN INSTRUMENTS OF RECORD.
APN: 198-051-17
City Council 31 – 44 11/21/2023
EXHIBIT “B”
Income Verification Form Page 1
Santa Ana, California
INCOME VERIFICATION FORM
Inclusionary Unit Address: ________________________________________________________________ Head of Household (Print Name):
Current Address (if
different from above):
Telephone Number: Home: Work: Cell:
Email address:
Date of Birth: Social Security # or TIN:
Household Composition
List All Household Members Living in the Inclusionary Unit Name Sex Age
Dependent
(Y/N)
Social Security #
or Taxpayer ID #
List additional household members on a separate sheet of paper.
City Council 31 – 45 11/21/2023
EXHIBIT “B”
Income Verification Form Page 2
Santa Ana, California
INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 1: Earned Income
Head of
Household
Other
Household
Members Total
1. Gross wages, before payroll deductions and
including overtime pay, commissions, fees, tips
and bonuses.
$ $ $
2. Net income from self employment, independent
contractor work or a business.
$ $ $
3. Social security and any payments from annuities,
insurance policies, pension/retirement funds,
disability or death benefits received periodically.
$ $ $
4. Payment in lieu of earnings, such as
unemployment, disability compensation, worker’s
compensation and severance pay.
$ $ $
5. Public assistance, welfare payments $ $ $
6. Alimony, child support, other periodic allowances $ $ $
7. Regular pay, special pay and allowances of
members of the Armed Forces
$ $ $
8. Other $ $ $
Subtotal: Monthly Earned Income $
Total Monthly Earned Income x 12 = $_______________ Total Annual Household Gross Earned Income City Council 31 – 46 11/21/2023
EXHIBIT “B”
Income Verification Form Page 3
Santa Ana, California
INCOME VERIFICATION FORM
Monthly Gross Income *
List All Sources of Income of All Household Members Living in the Inclusionary Unit Part 2: Investment Income
Head of
Household
Other Adult
Household
Members
Total
Household
Investment
Income
1. Interest paid on Bank and Savings accounts $ $ $
2. Dividends and other payments from stocks and
bonds
$ $ $
3. Income from real property (i.e. rental property) $ $ $
4. Other (describe) $ $ $
Subtotal: Monthly Investment Income: $
Total Monthly Investment Income x 12 = $_______________ Total Annual Household Investment Income *Note: The following items are not considered income: casual or sporadic gifts; amounts specifically for or in reimbursement of medical expenses; lump sum payments such as inheritances, insurance payments, capital gains and settlement for personal or property losses; educational scholarships paid directly to the student or educational institution; special pay to a serviceman head of family away from home and under hostile fire; relocation payments under federal, state or local law; foster child care payments; value of coupon allotments for purpose of food under Food Stamp Act of 1964 which is in excess of amount actually charged the eligible household; payments received pursuant to participation in the following programs: VISTA, Service Learning Programs, and Special Volunteer Programs, SCORE, ACE, Retired Senior Volunteer Program, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience.
City Council 31 – 47 11/21/2023
EXHIBIT “B”
Income Verification Form Page 4
Santa Ana, California
INCOME VERIFICATION FORM
Assets **
List the Current Value of All Assets of All Household Members Living in the Inclusionary Unit If the Asset generates income, that income must be specified In Part 2 above Head of
Household
Other Adult
Household
Members Total Value of
Value Value Assets
1. Bank and Savings accounts $ $ $
2. Stocks and bonds $ $ $
3. Real property (i.e. rental property) $ $ $
4. Other (describe) $ $ $
Total Asset Value $______________________
**Note: Necessary items, such as furniture and automobiles, used for personal use are excluded from household assets. Collections of items for hobby, investment or business purposes must be included in household assets. If the total value of household assets exceeds $5,000, the calculation of the household’s annual income shall include the greater of the actual amount of income, if any, derived from all of the household assets; or 10% of the total value of the assets.
City Council 31 – 48 11/21/2023
EXHIBIT “B”
Income Verification Form Page 5
Santa Ana, California
INCOME VERIFICATION FORM
If the total asset value exceeds $5,000, perform the calculations in the following table. If the total asset value is less than $5,000, the amount of investment income to be included in annual household income is $0.
Calculation of Investment Income to be Included in Annual Household Income
1. Total Annual Household Investment Income $
2. Total Asset Value $ x 10% $
The Greater of #1 or #2 = Investment Income to be Included in Annual Household Income $___________ Calculation of the Household’s Total Annual Income
Total Annual Household Gross Earned Income $
Total Investment Income to be Included in Annual Household Income $ Total Household Income $
Documentation
Attach True Copies of the Relevant Documents Listed Below Paycheck stubs from three most recent
pay periods Bank/Savings account verification
Employment verification Self-employment verification
Three years Income tax returns for Title
Holders Unemployment verification
Social security verification Welfare verification
Alimony/child support verification Disability income verification Other (Describe)
City Council 31 – 49 11/21/2023
EXHIBIT “B”
Affidavit Page 6
Santa Ana, California
AFFIDAVIT
This Affidavit is made with the knowledge that it will be relied upon by _____________ and the City of Santa Ana to determine maximum income for eligibility to purchase the Inclusionary Unit listed above. (I/we) warrant that all information set forth in this document is true, correct and complete and based upon information (I/we) deem reliable and based upon such investigation as (I/we) deemed necessary. (I/We) acknowledge that (I/we) have been advised that the making of any misrepresentation or misstatement in this affidavit will constitute a material breach of (my/our) purchase agreement and will additionally enable the seller to terminate the purchase contract and sell the Inclusionary Unit to another party. (I/We) do hereby swear under penalty of perjury that the foregoing statements are true and correct and that this affidavit has been executed as of the date specified below by each adult member of the household which intends to occupy an Inclusionary Unit located at ______________________ ,Santa Ana, California.
Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California Signature Date
Printed Name
Executed at __________________________________, Santa Ana, California City Council 31 – 50 11/21/2023
City Council 31 – 51 11/21/2023
City Council 31 – 52 11/21/2023
City Council 31 – 53 11/21/2023
City Council 31 – 54 11/21/2023
City Council 31 – 55 11/21/2023
City Council 31 – 56 11/21/2023
City Council 31 – 57 11/21/2023
Project Name: Date:
Project Address: Reporting Period:
Total Number of Units in the Project: Number of Very Low Income Units:
Compliance Report Completed By:
Phone Number:
Unit #
Household
Name
Household
Size
Household
Income
Number of
Bedrooms Gross Rent
Utility
Allowance
Other
Mandatory
Payments Net Rent
Date First
Occupied
Date of Last
Income
Recertification
CITY OF SANTA ANA
ANNUAL RENTAL RESIDENTIAL DEVELOPMENT COMPLIANCE REPORT Calculation of Net Monthly Rent
Minus:
2021 AFFORDABLE HOUSING OPPORTUNITY AND CREATION ORDINANCE Administrative Procedures Manual:
Rental Residential Development