Santa Ana City Council
December 19, 2023

12. Award a Purchase Order in the amount of $376,500 to Cummins, Inc. for One Commercial Diesel Generator Set for the City’s Corporate Yard (Specification 23­093) (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one­time award and payment of Purchase Order to Cummins, Inc. for the procurement of a commercial diesel generator set in the amount of $376,500, subject to non­substantive changes approved by the City Manager and City Attorney.

13. Award a Purchase Order to Transwest Truck Center, LLC for Three Ford Super Duty F­550 Valve Trucks in an Amount Not to Exceed $690,000 (Specification No. 23­074) (Non­General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize a one­time purchase and payment of purchase order to Transwest Truck Center, LLC for three Ford Super Duty F­550 Valve Trucks, in the amount of $673,275, plus a contingency amount of $16,725, for a total amount not to exceed $690,000, subject to non­substantive changes approved by the City Manager and City Attorney.

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CITY COUNCIL 9 June 20, 2023

14. Award Aggregate Blanket Order Contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. in an Annual Aggregate Amount not to Exceed $100,000 (Specification No. 23­079) (General and Non­General Fund) Department(s): Public Works Agency
Recommended Action: Award an aggregate blanket order contracts to B&D Towing, Inc., Greater Southern California Towing, Inc., and MetroPro Towing, Inc. for on­call towing services for City vehicles for a one­year term beginning July 1, 2023, and expiring June 30, 2024, with provisions for four one­year renewal options, in an annual aggregate amount of $100,000, with a total aggregate contract amount not to exceed $500,000, subject to non­substantive changes approved by the City Manager and City Attorney.

15. Award a Construction Contract to All American Asphalt in the Amount of $2,014,055 for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St.

Gertrude Place at Orange Avenue Project, with an Estimated Project Delivery Cost of $2,417,000 (Project No. 22­6988)(Project No. 23­6482) (General and Non­General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to include $250,000 of funding in the General Fund for the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project.

2. Authorize budget reallocation of $361,000 in unspent Roadway Maintenance and Rehabilitation Account (SB­1) from the Euclid Rehabilitation from South City Limits to McFadden Improvement (No. 20­6961) Project to construction funds for the Main Street Rehabilitation from Macarthur Boulevard to Dyer Road and St. Gertrude Place at Orange Avenue Project (No. 22­6988) to complete the project funding requirement.

3. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,014,055, for construction of the Main Street Rehabilitation from MacArthur Boulevard to Dyer Road and St.

Gertrude Place at Orange Avenue Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non­substantive changes approved by the City Manager and the City Attorney.

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,417,000, which includes $2,014,055 for the construction contract, $201,406 for contract administration, inspection and testing, and a $201,539 project contingency for unanticipated or unforeseen work.

5. Determine that the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER­2023­57 was filed for the project.

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CITY COUNCIL 10 June 20, 2023
MINUTES: Councilmember Bacerra moved to amend the allocation for any unspent funds to resurface MacArthur Place.

Councilmember Penaloza thanked staff for inspecting the work being performed by the contractor.

MOTION: Councilmember Bacerra moved to approve Item No. 15 as amended to allocate any unspent funds to resurface MacArthur Place , seconded by Mayor Amezcua.

The motion carried, 6-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR AMEZCUA

MAYOR PRO TEM LOPEZ
NONE
NONE
Status: 6-1 – Pass

16. Approve an Appropriation Adjustment and Award a Construction Contract to Baker Electric & Renewables LLC in the Amount of $597,000 for the Street Light Poles Replacement Project, with an Estimated Project Delivery Cost of $863,899 (Project No. 23­6033) (Non­General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment to recognize Southern California Edison Streetlights Energy Credit in an amount of $863,899 in the Public Works/ Miscellaneous revenue account, and appropriate the same amount to the PWA Street Lighting, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)

1. Approve an amendment to the Fiscal Year 2022­23 Capital Improvement Program to include $863,899 of funding in Southern California Edison Energy Cost Refund Funds for Streetlight Upgrades.

2. Award a construction contract to Baker Electric & Renewables LLC, the lowest responsible bidder, in accordance with the base bid in the amount of $597,000, for construction of the Streetlight Poles Replacement Project, for the term beginning June 20, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non­substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $863,899, which includes $597,000 for the construction contract, $117,649 for contract administration, inspection and testing, and a $149,250 project contingency for unanticipated or unforeseen work.

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CITY COUNCIL 11 June 20, 2023

17. Approve an Agreement with J Smith & T Muli, Inc. in an Amount not to Exceed $325,000 to provide Aquatic Engineering Services for Thornton Park Lake Renovations for a Three­Year Term (General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with J Smith & T Muli, Inc. to provide aquatic engineering services for Thornton Park Lake renovations in the amount of $289,947, with a contingency of $35,053, for a total amount not to exceed $325,000, for a three­year term beginning June 20, 2023 and ending June 19, 2026, with an option for two, one­year extensions, subject to non­ substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­115).

18. Approve an Agreement with Clanton & Associates, Inc. to Prepare a Street Lighting Master Plan for an Amount Not to Exceed $640,475, for up to a Four­Year Term (General Fund)
Department(s): Public Works Agency
Recommended Action: 1.Authorize budget reallocation of $116,416 in unspent Streetlight Maintenance Service Enhancement Account (General Fund) funds from the Riverview Neighborhood Street Lighting Project (No. 23­6030) to the Street Lighting Master Plan.

2. Authorize the City Manager to execute a consultant agreement with Clanton & Associates, Inc. to prepare a Street Lighting Master Plan for an amount not to exceed $640,475, for a two­year term beginning June 20, 2023 and expiring June 19, 2025, with provisions for two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­116).

19. Memorandum of Understanding with the County of Orange, the City of Anaheim, the City of Irvine, and the City of Santa Ana for the Homeless Housing, Assistance and Prevention (HHAP) Program Regional Coordination
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute the Memorandum of Understanding with the County of Orange, the City of Anaheim, and the City of Irvine, to support regional coordination to address homelessness challenges (Agreement No. 2023­117).

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CITY COUNCIL 12 June 20, 2023
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 19 as part of the Consent Calendar , seconded by Mayor Amezcua.

The motion carried, 6-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
Status: 6 – 0 – 1 - Pass

20. Approve an Agreement with the Orange County Children’s Therapeutic Arts Center for a Total Amount not to exceed $200,000 to Serve Foster and Youth with Disabilities (Non­General Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute an agreement with the Orange County Children’s Therapeutic Arts Center (OCCTAC) to provide services to foster and youth with disabilities, for a one­year term beginning July 1, 2023 and expiring June 30, 2024, in a total amount not to exceed $200,000, subject to non­ substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­118).

21. Approve Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA 92705 (APN 430­021­02)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a Purchase and Sale Agreement with Property Owner Dyer 18 LLC for the Acquisition of Real Property and Improvements located at 1815 East Carnegie Avenue, Santa Ana, CA, 92705, also identified as APN 430­021­02 (Property), in the amount of $12,750,000, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­119).

1. Approve an appropriation adjustment to recognize $1,100,000 in Opioid Settlement Funding from the State of California’s Department of Health Care Services and appropriate the same amount into the Community Development Agency, Buildings and Building Improvement expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment to utilize prior year fund balance in the amount of $3,753,571 to the Inclusionary Housing Fund, Buildings and Building Improvement expenditure account. (Requires five affirmative votes)

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CITY COUNCIL 13 June 20, 2023
MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 21 as part of the Consent Calendar , seconded by Mayor Amezcua.

The motion carried, 6-0-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA
NONE
COUNCILMEMBER PHAN (recusal)
NONE
Status: 6 – 0 – 1 - Pass

22. Approve Third Amendment to Agreement with Aramark Correctional Services, LLC for an Additional Amount of $1,624,971 to Provide Inmate Meals and Commissary Management (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute the third amendment to the agreement with Aramark Correctional Services, LLC, to provide inmate meals and commissary management for the period of July 1, 2023 through June 30, 2024 in the additional amount of $1,624,971, for a total aggregate amount not to exceed $6,103,688, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­120).

23. Approve Agreement with LAZ Parking California, LLC for Parking Enforcement Services for the Police Department in an Amount not to Exceed $1,876,888 (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a two­year agreement with LAZ Parking California, LLC for parking enforcement services, for the period of July 1, 2023 through June 30, 2025, with the option of three 1­year renewals, in an amount not to exceed $1,876,888, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­121).

MINUTES: Council discussion ensued regarding LAZ Parking LLC and permit parking enforcement.

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CITY COUNCIL 14 June 20, 2023
MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 23, seconded by Councilmember Penaloza.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 - Pass

24. Approve Agreements for Temporary Employee Staffing Services with AppleOne, Inc., Cathyjon Enterprises, Inc. dba HB Staffing, Helpmates Staffing, Kimco Staffing Services, Inc., SoftHQ, Inc., TEC Group, Inc., and The Good Job Company in a Not­to­ Exceed Aggregate Amount of $2,000,000 (Specification No.23­051) (General Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute agreements with vendors listed below for temporary employee staffing services on an as­needed basis in an aggregate amount not­to­exceed $2,000,000, from July 1, 2023 through June 30, 2026 with the option for two (2), one (1)­year extensions, subject to non­ substantive changes approved by the City Manager and City Attorney (Core Agreement No. 2023­122).

1. AppleOne, Inc. (Torrance, CA)

2. Cathyjon Enterprises, Inc. dba HB Staffing (Huntington Beach, CA)

3. Helpmates Staffing (Irvine, CA)

4. Kimco Staffing Services, Inc. (Irvine, CA)

5. SoftHQ, Inc. (San Diego, CA)

6. TEC Group, Inc. (Irvine, CA)

7. The Good Job Company (La Jolla, CA)

25. Adoption of a Memorandum of Understanding (“MOU”) Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Police Officers Association (“SAPOA”) Effective January 1, 2023 through December 31, 2023, and Adoption of a Resolution Updating the Compensation and Salary Schedule of Sworn Classifications of the Santa Ana Police Management Association (“SAPMA”)
Department(s): Human Resources

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CITY COUNCIL 15 June 20, 2023
Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with SAPOA regarding wages, hours, and other terms and conditions of employment effective January 1, 2023 through December 31, 2023, and authorize non­substantive changes which may be necessary to implement the agreement (Agreement No. 2023­123).

2. Adopt a resolution updating the compensation and salary schedule for sworn classifications of the SAPMA.

RESOLUTION NO. 2023­032 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 25 as part of the Consent Calendar , seconded by Mayor Amezcua.

The motion carried, 4-3 by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA

COUNCILMEMBER HERNANDEZ, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM LOPEZ
NONE
NONE
Status: 4 – 3 - Pass

26. Adopt a Resolution Establishing the Appropriations Limit of the City of Santa Ana for Fiscal Year (FY) 2023­24
Department(s): Finance and Management Services
Recommended Action: Adopt a resolution establishing the appropriations limit of the City of Santa Ana for FY 2023­24, as required by state law.

RESOLUTION NO. 2023­033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2023­2024

27. Approve Resolution for the Fiscal Year 2023­24 Senate Bill 1 Local Streets and Roads, Road Repair and Accountability Act Funding Program to Receive an Estimated Funding Amount of $7,673,409 for Capital Improvement Projects (Non­ General Fund)
Department(s): Public Works Agency

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CITY COUNCIL 16 June 20, 2023
Recommended Action: Adopt a Resolution affirming the Fiscal Year 2023­24 Senate Bill 1 projects list and anticipated Road Maintenance and Rehabilitation Account funding in the amount of $7,673,409, to be submitted to the California Transportation Commission for budgeting the Fiscal Year 2023­24 Capital Improvement Program and maintaining eligibility for Road Repair and Accountability Act funding.

RESOLUTION NO. 2023­034 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED FOR FISCAL YEAR 2023­24 BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

28. Adopt Resolutions to Maintain Orange County Transportation Authority’s Measure M2 Funding Eligibility for Fiscal Year 2023­2024
Department(s): Public Works Agency
Recommended Action:

1. Adopt a Resolution affirming consistency between the City’s Mobility Element and the Orange County Master Plan of Arterial Highways, concurring with the existing Transportation System Improvement Area fee program to maintain Orange County Transportation Authority Measure M2 eligibility Program funding, approximated to exceed $6.5 million dollars for Fiscal Year 2023­24.

RESOLUTION NO. 2023­035 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE MOBILITY ELEMENT, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2)

PROGRAM

2. Adopt a Resolution confirming the status and update of the City's 2023 Local Signal Synchronization Plan to maintain eligibility for Measure M2 Program funding.

RESOLUTION NO. 2023­036 entitled A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE LOCAL SIGNAL SYNCHRONIZATION PLAN FOR THE MEASURE M (M2) PROGRAM

29. Adopt City Council Ordinance No. NS­3043 Appropriating Monies to the Several Offices, Agencies and Departments of the City of Santa Ana for the Fiscal Year Budget Period Commencing July 1, 2023
First reading at the June 6, 2023 City Council meeting, approved by a vote of 6­0­1 (Hernandez absent).

Published in the Orange County Reporter on June 9, 2023.

Department(s): Finance and Management Services
Recommended Action: Approve the second reading and adopt Ordinance No. NS­ 3043 to appropriate monies to the several offices, agencies, and departments of the City for Fiscal Year 2023­24 (FY23­24), which begins on July 1, 2023 and ends on June 30, 2024.

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CITY COUNCIL 17 June 20, 2023
ORDINANCE NO. NS­ 3043 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES,

AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2023

30. Zoning Ordinance Amendment No. 2023­01: Amendment to Various Sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) Related to Increasing the Conditional Use Permit (CUP) Separation Requirement of Noxious Uses from Sensitive Receptors, Update Massage Establishment Regulations, Establish a CUP Suspension Process, and Other Edits to Address Internal Inconsistencies First reading at the June 6, 2023 City Council meeting, approved by a vote of 6­0­1 (Hernandez absent).

Published in the Orange County Reporter on June 9, 2023.

Department(s): Planning and Building Agency
Recommended Action: Conduct a second reading and adopt Zoning Ordinance Amendment No. 2023­01 amending various sections of Chapter 41 of the Santa Ana Municipal Code (SAMC) related to increasing the Conditional Use Permit (CUP) separation requirement of noxious uses from sensitive receptors, updating massage establishment regulations, establishing a CUP suspension process, and other edits to address internal inconsistencies.

ORDINANCE NO. NS­3044 entitled ZONING ORDINANCE AMENDMENT NO. 2023­01 –

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING VARIOUS SECTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL

CODE RELATING TO NOXIOUS USES, MASSAGE ESTABLISHMENTS, AND RELATED CONFORMING CLARIFYING EDITS; ADDING A SECTION RELATED TO

SUSPENSION OF CONDITIONAL USE PERMITS, VARIANCES, AND MINOR EXCEPTIONS; AND MAKING OTHER NON­ SUBSTANTIAL EDITS TO ADDRESS EXISTING INTERNAL INCONSISTENCIES (includes determination that this ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to section 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).

**END OF CONSENT CALENDAR**

MINUTES: At 8:18 P.M., Mayor Amezcua considered the agenda out of order and heard Item Nos. 32 and 32-A prior to Item No. 31.

BUSINESS CALENDAR

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CITY COUNCIL 18 June 20, 2023

32. Resolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels in the City of Santa Ana from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 (continued from City Council meeting of May 16, 2023, Item No. 28)
Department(s): Planning and Building Agency
Recommended Action:

1. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Assembly Bill 2011 pursuant to California Government Code Sections 65912.114 and 65912.124; and
RESOLUTION NO. 2023­037 entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE

CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines)

2. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Senate Bill 6 pursuant to California Government Code Section 65852.24.

RESOLUTION NO. 2023­038 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE

CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines)

32-A. ORDINANCE NO. NS-3045 entitled AN UNCODIFIED URGENCY ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF

LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124

BASED UPON WRITTEN FINDINGS

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CITY COUNCIL 19 June 20, 2023
ORDINANCE NO. NS-3046 entitled AN UNCODIFIED URGENCY ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF

LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS

ORDINANCE NO. NS -3047 entitled AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL

LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124 BASED UPON WRITTEN FINDINGS (first reading)
ORDINANCE NO. NS -3048 entitled AN UNCODIFIED ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL

LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND EXEMPTING CERTAIN PARCELS FRO M CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS (first reading)
MINUTES: Planning and Building Director Minh Thai provided a brief presentation.

City Attorney Sonia Carvalho announced that an immediate need to take action arose following the posting of the agenda to include urgency and regular ordinances for City Council’s consideration related to the exemption of certain parcels from the requirements of Assembly Bill 2011 and Senate Bill 6.

MOTION: Councilmember Penaloza moved t o approve all recommended actions including the additional urgency and regular ordinances for Agenda Item Nos. 32 and 32A, seconded by Councilmember Bacerra.

Councilmember Vazquez inquired about sunsetting the ordinances.

Mayor Pro Tem Lopez requested to publish a map that indicates the lo cation of the new AB2011 parcels.

Planning and Building Director Mi nh Thai clarified that a map identifying the new AB2011 parcels has already been drafted by staff and will be provided to the public.

Councilmember Bacerra provided comments on the California Department of Housing and Community Development.

Mayor Amezcua spoke regarding the City exceeding the Regional Housing Needs Allocation (RHNA) by two thousand four hundred percent (2400%).

MOTION: Councilmember Penaloza moved to approve all recommended actions including the additional urgency and regular ordinances for Agenda Item Nos. 32 and 32A, seconded by Councilmember Bacerra.

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CITY COUNCIL 20 June 20, 2023
The motion carried, 6-1, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ,

MAYOR AMEZCUA

COUNCILMEMBER PHAN
NONE
NONE
Status: 6-1 - Pass

31. Implement a Volunteer School Crossing Guard Program and Approve Agreement with All City Management Services, Inc. for the School Crossing Guard Program in an Amount Not to Exceed $5,343,125 for Up to a Five Year Term (General Fund) Department(s): Public Works Agency
Recommended Action: 1. Direct staff to work cooperatively with school districts to implement a volunteer crossing guard program and establish a crossing guard training program.

2. Direct staff to formally notify the School Districts of the phasing out of contracted crossing guard program beginning school year 2023­2024.

3. Authorize the City Manager to execute an agreement with All City Management Services, Inc. to provide a School Crossing Guard Program, in the total amount not to exceed $5,343,125 for a three­year term beginning July 1, 2023 and expiring June 30, 2026, with an option for up to two, one­year extensions, subject to non­substantive changes approved by the City Manager and City Attorney (Agreement No. 2023­124).

MINUTES: City Manager Kristine Ridge provided a brief history of the item.

MOTION: Councilmember Hernandez moved to approve Option No. 3, seconded by Councilmember Vazquez.

Councilmember Penaloza requested charter schools be included in the agreement.

SUBSTITUTE MOTION: Councilmember Penaloza moved to approve Item No. 31 as amended to expand the crossing guard program to charter schools , seconded by Mayor Amezcua.

Mayor Amezcua spoke of the disparity between the City’s budget and Santa Ana Unified School District’s (SAUSD) budget.

Councilmember Vazquez provided c omments on the City’s Safe Routes to School program.

SUBSTITUTE MOTION: Mayor Pro Tem Lopez moved to approve Item No. 31 as presented, seconded by Councilmember Penaloza.

Councilmember Penaloza rescinded his substitute motion.

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CITY COUNCIL 21 June 20, 2023
Councilmember Phan spoke in support of the item but noted the importance that SAUSD provide funding as well.

City Attorney Carvalho spoke regarding Municipal Code Section 36-121.

SECOND SUBSTITUE MOTION: Mayor Amezcua moved to approve Item No. 31 as amended to expand the crossing guard program to eight (8) charter schools, seconded by Councilmember Hernandez.

The second substitute motion carried, 5-2, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, MAYOR AMEZCUA

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM LOPEZ
NONE
NONE
Status: 5-2 - Pass

32. Resolutions of the City of Santa Ana City Council Exempting Certain Eligible Parcels in the City of Santa Ana from the Requirements of Assembly Bill 2011 and Senate Bill 6 Pursuant to California Government Code Sections 65912.114, 65912.124, and 65852.24 (continued from City Council meeting of May 16, 2023, Item No. 28)
Department(s): Planning and Building Agency
Recommended Action: 1. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Assembly Bill 2011 pursuant to California Government Code Sections 65912.114 and 65912.124; and
RESOLUTION NO. 2023­XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114(i) AND 65912.124(i) AND EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTIONS 65912.114 AND 65912.124
BASED UPON WRITTEN FINDINGS (includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines)
a. Adopt a resolution exempting certain eligible parcels in the City of Santa Ana from the requirements of Senate Bill 6 pursuant to California Government Code Section 65852.24.

RESOLUTION NO. 2023­XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF SANTA ANA EXERCISING ITS RETENTION OF LOCAL LAND USE CONTROL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65852.24(e) AND

City Council
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CITY COUNCIL 22 June 20, 2023

EXEMPTING CERTAIN PARCELS FROM CALIFORNIA GOVERNMENT CODE SECTION 65852.24 BASED UPON WRITTEN FINDINGS
(includes determination that this Resolution is not subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment and is therefore not a “project,” pursuant to Section 15378(b)(5) of the CEQA Guidelines) MINUTES: At 8:18 P.M., Mayor Amezcua considered the agenda out of order and heard Item No. 32 prior to Item No. 31.(see Page No. 18)

33. Adoption of Ordinance for the Addition of two Positions for Residents Aged 55 Years and Older on the Parks, Recreation, and Community Services Commission Department(s): Parks, Recreation, and Community Services Recommended Action: Conduct first reading of an ordinance to amend the Santa Ana Municipal Code Chapter 2, Article IV, Division 4, Section 2­333 to add two positions for residents aged 55 years and older on the Parks, Recreation, and Community Services Commission.

ORDINANCE NO. NS­3049 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SANTA ANA MUNICIPAL CODE SECTION 2­333

RELATING TO MEMBERSHIP OF THE PARKS, RECREATION, AND COMMUNITY SERVICES COMMISSION (includes determination that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change to the environment as there is no possibility it will have a significant effect on the environment and it is not a “project,” as defined in Section 15378 of the CEQA Guidelines).

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 33, seconded by Mayor Amezcua.

The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER PHAN, COUNCILMEMBER VAZQUEZ,

MAYOR PRO TEM LOPEZ, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7-0 - Pass

**END OF BUSINESS CALENDAR**

City Council
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CITY COUNCIL 23 June 20, 2023

CITY MANAGER COMMENTS

MINUTES: City Manager Kristine Ridge announced that the City had been named a Tree City USA 2022, receiving this title for the 24th consecutive year.

COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

MINUTES:

Council Member Vazquez addressed school safety, Juneteenth, and Pride.

Mayor Pro Tem Lopez commented on Juneteenth and announced her office hours at Morrison Park on Sunday, June 25, 10:00 A.M. – 11:00 A.M.

Councilmember Penaloza acknowledged Housing staff and announced a neighborhood cleanup in Morri son Park on Saturday, June 24, 8:00 A.M. – 12:00 P.M.

Councilmember Hernandez addressed public comments, staff, and Juneteenth.

Councilmember Bacerra announced his office hours on Saturday, July 1 at 10:00 A.M. at Upton All Access Park, reported that Charter Section 408 addresses City Council interference in administrative matters, and wished everyone a happy July Fourth.

Councilmember Phan announced the Vietnamese first-time homebuyer event on July 15 at Salgado and the Vietnamese Business Forum on July 13 at the Doubletree Hotel. She wished everyone a happy Fourth of July and wished her husband a happy seventh anniversary.

Mayor Amezcua wished Councilmember Phan and her husband a happy anniversary and a happy Fourth of July to all, further announcing a $1,000 fine for illegal fireworks. She thanked staff for recent park openings and security staffing, announced the many programs and events available to residents in the Cultura magazine, requested an update to a mural to add a name, encouraged everyone to support local restaurants and businesses, and requested information about the name and location of the Fiestas Patrias.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council meeting at 9:39 P.M.

Respectfully submitted:

___________________________
Jennifer L. Hall, CMC
City Clerk

City Council
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Police Department
www.santa-ana.org/police
Item # 6
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Public Intoxication and Substance Abuse Enforcement

AGENDA TITLE
Public Intoxication and Substance Abuse Enforcement informational Report

RECOMMENDED ACTION
Receive and file.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
During the months September and October, 2023, the Santa Ana Police Department (SAPD) continued efforts towards enforcement, detention, and outreach related to public intoxication. During this period, the Department increased its involvement with City Net, streamlining the outreach and referral mechanisms for persons experiencing homelessness, mental health, and substance abuse problems. Starting on October 30, 2023, every misdemeanor cite-out arrestee is offered services by City Jail staff. Jail staff are in direct communication with City Net personnel who respond to the jail to work with any person requesting services.

The below data represents the efforts related to the Public Intoxication Initiative:

September 1, 2023 to September 30, 2023
➢1,394 Field contacts related to public intoxication
➢385 Arrests related to public intoxication and associated nuisance activity •99 Arrestees booked at the Santa Ana Jail
•286 Arrestees cited and released in the field
➢24 Medical aid calls for service related to public intoxication ➢19 Subjects accepted a referral to a shelter.

City Council
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1 12/19/2023

Public Intoxication and Substance Abuse Enforcement
December 19, 2023

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October 1, 2023 to October 31, 2023
➢1,189 Field contacts related to public intoxication
➢304 Arrests related to public intoxication and associated nuisance activity •70 Arrestees booked at the Santa Ana Jail
•234 Arrestees cited and released in the field
➢24 Medical aid calls for service related to public intoxication ➢17 Subjects accepted a referral to a shelter.

The Public Intoxication Initiative is aimed at nuisance criminal activity. However, many repeat offenders are unhoused individuals. To enhance enforcement efforts, SAPD, using Emergency Solutions Grant funding, works collaboratively with City Net and the Orange County Health Care Agency to vet referrals for admittance to homeless shelters. Year to date, SAPD matriculated 172 individuals into the Homeless Management Information System (HMIS) system.

At the Santa Ana Navigation Center, the following services are provided:
•Substance abuse counseling (NA and AA groups as well as individual) •Life skills group sessions
•Group behavioral sessions
•Homeless Outreach Court – collaborative court
•Weekly Illumination Foundation medical
•Weekly educational group sessions
•Weekly housing information workshops
•Career and employment counseling
•Second Chance of Orange County (resuming and interviewing workshops) •Project Hope Alliance (juvenile support)
City Net offers similar services and referrals for various marginalized individuals.

Currently, the City is considering and/or attempting to secure contracts with:
•Project Kinship
•Orange County Cal Optima Street Medicine Program
•A City funded transportation driver
•Collaboration with SAUSD for transportation of minors living in shelters

FISCAL IMPACT
For September and October 2023, the Police Department expended $43,466 and $43,748 respectively, on these efforts.

Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Tom Hatch, Interim City Manager

City Council
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2 12/19/2023

Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 7
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Joint School Collaboration City Council Subcommittee Update

AGENDA TITLE
Provide City Council Update on Joint School Collaboration City Council Subcommittee

RECOMMENDED ACTION
Receive and file.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
At the March 1, 2022 City Council meeting, the Parks, Recreation and Community Services Agency (PRCSA) was provided direction to reformat the Regular School Collaboration City Council Subcommittee, which was composed of three councilmembers, to the Joint School Collaboration City Council Subcommittee that would now include two representatives from the Santa Ana Unified School District (SAUSD) so that matters concerning both governing bodies could be discussed in a joint public meeting format.

On Monday, July 11, 2022 the reformatted subcommittee met for the first time with then- Councilmembers Hernandez, Lopez, and Mendoza representing the City, and then- Board Trustees Alfonso Alvarez and Carolyn Torres representing SAUSD. The subcommittee identified the first Monday of each month at 6:00 p.m. as their standing meeting time. Trustee Torres and Councilmember Lopez were selected as Chair and Vice-Chair, respectively, during the August 1, 2022 meeting. As a result of local elections taking place in November 2022, Councilmember Vazquez and Trustee Bustos were identified as new members and joined the subcommittee in April 2023.

Subcommittee topics of discussion have ranged from access/use of school facilities by neighborhood associations, the reinstitution of the Camp Catalina program operated by PRCSA, the City and SAUSD’s approach to crossing guard cost-sharing, SAUSD students experiencing homelessness, and cultural events.

City Council
7 –
1 12/19/2023

Joint School Collaboration City Council Subcommittee Update December 19, 2023

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Since the direction in March 2022 to reformat, the Joint School Collaboration City Council Subcommittee has met a total of seven times and has not had a quorum since April 2023.

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

Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Tom Hatch, Interim City Manager

City Council
7 –
2 12/19/2023

Parks, Recreation, and Community Services
www.santa-ana.org/parks
Item # 8
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Destruction of Obsolete Records

AGENDA TITLE
Approve Destruction of Obsolete City Records

RECOMMENDED ACTION
Approve the request for the destruction of obsolete records from the Parks, Recreation, and Community Services Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
On April 1, 2013, the City Council approved Resolution 2013-014, which provides to the multiple agencies, departments, and offices of the City guidance on the retention of City records and how long the records need to be retained.

City staff compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The schedule reflects the requirements of the Public Records Act, is modeled after the California Secretary of State’s sample for local government, and incorporates other statutory periods applicable to Santa Ana.

The schedule attached to the resolution is broken down into multiple sections covering the varied responsibilities and minimum retention periods applicable to each.

Section 5.B of this resolution and the City’s Municipal Code requires that the City Attorney approve the destruction of a City record. Accordingly, the Parks, Recreation, and Community Services Agency has prepared a list of obsolete records proposed for destruction in the form of a memorandum. A copy of the memorandum was reviewed by staff from the City Attorney’s Office and approved by the City Attorney. The memorandum is attached as an exhibit to this staff report. Destruction of these records will serve to benefit each office with more efficient access to files and alleviate the City’s storage needs to maintain obsolete records.

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

City Council
8 –
1 12/19/2023

Destruction of Obsolete Records
December 19, 2023

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EXHIBIT(S)

1. Request for Destruction of Records – Parks, Recreation, and Community Services Agency
Submitted By: Hawk Scott, PRCSA Executive Director
Approved By: Tom Hatch, Interim City Manager

City Council
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2 12/19/2023

City Council
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3 12/19/2023

City Council
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4 12/19/2023

City Council
8 –
5 12/19/2023

City Council
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6 12/19/2023

Finance and Management Services
www.santa-ana.org/finance
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Fiscal Year 2022-23 General Fund Results

AGENDA TITLE
Fiscal Year 2022-23 General Fund Results

RECOMMENDED ACTION

1. Receive and file this informational report.

2. Approve proposed General Fund appropriation adjustment of $350,000 for non-departmental litigation. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The independent auditors have completed their fieldwork for the fiscal year ended June 30, 2023 and the City expects to issue its financial statements in December 2023. Staff plans to provide the City Council with an informational staff report covering the audited financial statements and related reports after the New Year.

The purpose of this report is to provide early information regarding General Fund performance in FY 2022-23 and to request two appropriation adjustments.

On November 7, staff reported that for FY 2022-23, the City received revenue in excess of estimates and had expenditure savings; and in December, staff would be able to identify the increase of the General Fund balance available for one-time spending, based on the positive FY 2022-23 variances.

FY 2022-23 General Fund Results
These positive variances have resulted in an estimated spendable General Fund balance of $17.8 million. The spendable amount is in excess of the 18% General Fund Reserve balance of $72.1 million. Although many of our General Fund revenues exceeded the conservative estimates and all departments had expenditure savings, the most significant contributors to the $17.8 million spendable balance follow. •Rising interest rates leading to increased investment income of more than $1 million in excess of the adjusted budget of $5 million as presented with the Third Quarter Report on May 16, 2023.

City Council
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1 12/19/2023

Fiscal Year 2022-23 General Fund Results
December 19, 2023

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•Increased federal reimbursement rates for emergency medical transports generated additional revenue of $0.8 million more than the adjustment made with the Third Quarter Report.
•More than $2 million in collections of delinquent adult-use Cannabis business tax and hotel visitor’s tax.
•The Business Tax holiday resulting in increased compliance generated more than $1 million of additional revenue.
•One-time rebates for LED lights of nearly $1 million.
•Staffing vacancies across all departments, which helped fund compensation increases negotiated with the bargaining groups. Therefore, the Non-Departmental section of the budget had $2.7 million of savings from the $5 million set aside for labor negotiations. The Police Department had additional vacancy savings of $2 million.
•Once again, the Vehicle Incentive Program to rebate Measure X tax to residents purchasing a vehicle in Santa Ana had budgetary savings. The budget included $1.7 million for this program, and used less than $0.7 million.

Requested FY 2023-24 Appropriations
As reported on November 21, the City Attorney’s Office has a litigation budget of $600,000 yet has contracted outside legal service needs of $950,000 for FY 2023-24. Therefore, staff requests an appropriation adjustment of $350,000 for non-departmental litigation.

In addition to the proposed $350,000 appropriation in this staff report, Public Works has a separate staff report on this same agenda for Engineering Division Funding. The Public Works staff report includes a recommended appropriation for $2.9 million from the General Fund balance available for spending.

The following table includes both proposed appropriations totaling $3,250,000 and an updated summary of the General Fund budget for the current fiscal year.

City Council
9 –
2 12/19/2023

Fiscal Year 2022-23 General Fund Results
December 19, 2023

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FISCAL IMPACT
If the City Council approves the staff recommendation in both staff reports, the remaining estimated General Fund balance available for one-time spending will be $14,644,472.

Staff expects to prepare recommendations for this one-time funding source for City Council consideration during the FY 2024-25 budget process.

Staff recommends the following Appropriation Adjustments:

Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Tom Hatch, Interim City Manager
FY2023-24 General Fund Summary
FY23-24 1st
Quarter Budget
Update
FY22-23 Year-
End
Adjustments
Proposed
December 19
Adjustments
Updated
Estimate
Estimated Beginning
Balance at July 1, 2023 109,372,864 17,835,714 127,208,578 Revenue Estimate 400,408,670 400,408,670
Appropriated Spending (413,614,484) (3,250,000) (416,864,484) Pension Trust Set Aside (24,034,731) (24,034,731)
Estimated Ending
Balance at June 30,
2024 72,132,319 17,835,714 (3,250,000) 86,718,033
Less: 18% Reserve 72,073,561 72,073,561
Estimated Spendable
Balance 58,758 17,835,714 (3,250,000) 14,644,472
Fiscal
Year
Accounting Unit
– Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
FY23-24 01105015-62300 General Fund
General Non-
Departmental,
Contract Services
$350,000

City Council
9 –
3 12/19/2023

Finance and Management Services
www.santa-ana.org/finance
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Budget Calendar and Community Engagement Plan for Fiscal Year 2024-25

AGENDA TITLE
Budget Calendar and Community Engagement Plan for Fiscal Year 2024-25

RECOMMENDED ACTION
Approve the Budget Calendar and Community Engagement Plan for Fiscal Year 2024-

25. GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Calendar (Exhibit 1) and Community Engagement Plan (Exhibit 2) are provided for City Council consideration as documents that set the parameters for a successful, inclusive, and transparent budget process. The proposed Calendar provides a framework of key tasks and dates for City Council, the community, and city staff.

The purpose of community engagement is to focus on activities that facilitate interaction, nuanced discussions, and exploration of budget simulation tools. Santa Ana’s Community Engagement Plan proposes specific outreach strategies that promote broad participation in the annual budget development process across all Council Wards.

Financial Updates, Budget Discussions, and Process
The internal budget process began last month, and the public process will likely begin in February. During the budget process, the City Council receives reports for two different fiscal years. Though the budget process focuses on the future FY 2024-25, the current year reports provide insight on budget trends and challenges.

Current FY 2023-24 Future FY 2024-25
Midyear (or Second Quarter) report
scheduled for February 20
Early Budget Direction scheduled for
March 19
Third Quarter report scheduled for
May 21
Various Budget Work Sessions and
agenda items scheduled for May
Public Hearing and Adoption scheduled
for June

City Council
10 –
1 12/19/2023

Budget Calendar and Community Engagement Plan for Fiscal Year 2024-25 December 19, 2023

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Beginning in mid-March, staff will present a framework for the FY 2024-25 Budget Discussion and seek direction from City Council. Discussion topics may include but are not limited to City Council priorities and strategies on funding programs and/or services, and recommendations for one-time resources.

In addition to attending various citywide events, Community Budget Meetings are planned for March and April 2024 to gather community input. During this time, the Budget Team also begins conducting budget meetings with city departments. These meetings provide departments an opportunity to propose any organizational changes, budget requests, and enhancements to existing programs.

On May 21, 2024, staff has planned for a Ten-Year General Fund Financial Outlook, and preliminary Capital Improvement Program (CIP) update. This provides an additional opportunity for further FY 2024-25 budget discussion by City Council.

Subsequently, during May and June of 2024, staff has planned to present multiple iterations of the Citywide Operating Budget and CIP. A public hearing (first reading) is planned for June 4, 2024, and the final adoption (second reading) will occur on June 18, 2024.

The Calendar commences on December 19, 2023, and concludes with the adoption of the FY 2024-25 Citywide Operating Budget and CIP, which becomes effective July 1, 2024.

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

EXHIBIT(S)

1. Fiscal Year 2024-25 Budget Calendar

2. Fiscal Year 2024-25 Community Engagement Plan
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Tom Hatch, Interim City Manager

City Council
10 –
2 12/19/2023

19 DEC
FISCAL YEAR 2024-2025
BUDGET CALENDAR*
Present FY2024-25 Budget Calendar & Community
Engagement Plan for City Council Approval
Preliminary Capital Improvement Program (CIP) to
Planning Commission
MAR/
APR
Community Budget Meetings/ City Events
Commission /Committee Meetings
Department Budget Meetings
26 FEB
19 MAR
City Council Provides Early Budget Policy Direction
7 MAY
City Council Meeting: FY2024-25 Budget Discussion
TBD
MAY
City Council Work Session:

Community Engagement Results
Prioritization of Funding Requests
21 MAY
City Council Meeting:

Proposed FY2024-25 General Fund Budget that includes CIP, Miscellaneous Fees & Workforce Changes
Public Hearing: Citywide Operating Budget/ CIP
Ordinance, Miscellaneous Fees & Personnel Resolution
4 JUNE
*Budget Calendar is subject to change
18 JUNE
Second Reading & Adoption: Final Citywide Operating
Budget/ CIP Ordinance
1 JULY
FY2024-25 Fiscal Year Begins
EXHIBIT 1

City Council
10 –
3 12/19/2023

FY2024 -25

COMMUNITY

ENGAGEMENT PLAN
Outreach strategies designed to promote broad-based
participation in the annual budget process across all
Council Wards
EXHIBIT 2

City Council
10 –
4 12/19/2023

PURPOSE STATEMENT:

THE WHY
The purpose of community engagement is to focus on
activities that facilitate interaction, nuanced discussions, and budget simulation.

Santa Ana’s Community Engagement Plan proposes
specific outreach strategies that promote broad
participation in the annual budget development process
across all Council Wards. The challenge is to make
budget engagement exciting and captivating, so folks
want to participate and see that input translates into
action via the resource allocation process.

This plan is based on citywide best practices in
combination with the April 2023 edition of Government
Finance Review, a magazine dedicated to showcasing the
best and the brightest in local government finance.

City of Santa Ana Finance &
Management Services
December 19, 2023

City Council
10 –
5 12/19/2023

BEST PRACTICES-

QUALITY CONTROL CHECKS
Communicate the numbers in a way that everyone is able
to grasp.

Broaden efforts to include renters, non-English speakers and other historically disenfranchised groups.

Reduce barriers to engagement by leveraging the
relationships local non-profits have throughout the
community.

Continue translating materials in Spanish and Vietnamese.

Internal partnerships: Collaborate with various
departments as they interact in the community. Don’t
compete with each other.

Always close the feedback loop. Demonstrate how the
allocation of resources aligns with community priorities.

Utilize multiple methods of engagement so they
complement one another. These should be a combination
of informal and formal methods.

City of Santa Ana Finance &
Management Services
December 19, 2023

City Council
10 –
6 12/19/2023

ENGAGEMENT METHOD- COMMITTEE/

COMMISSION MEETINGS
City of Santa Ana Finance &
Management Services
December 19, 2023
We are requesting to speak about the budget as a guest speaker at various City Committee/ Commission meetings in February, March & April.

City Council
10 –
7 12/19/2023

ENGAGEMENT METHOD- COUNCIL

WARD MEETINGS
City of Santa Ana Finance &
Management Services
December 19, 2023
Target community influencers and neighborhood champions to conduct information gathering sessions by partnering with various organizations such as area non-profits, churches, schools, and neighborhood associations.
*Meeting location is dependent upon site availability

City Council
10 –
8 12/19/2023

ENGAGEMENT METHOD- CITYWIDE
EVENTS
City of Santa Ana Finance &
Management Services
December 19, 2023
It is estimated that fewer than 20% of residents have ever attended a public meeting (Polco, November 2022). To reach the other 80%, it is incumbent on the City to cast a wider net. Citywide events tend to have higher rates of attendance and are therefore the most productive in terms of reach. These are the events currently planned for Winter/Spring 2024.

Lunar New Year Festival- February 3, 2024
Eggcellent Adventure- March 30, 2024
Santa Ana Fun Run- April 27, 2024
Dia de los Niños- April 27, 2024

City Council
10 –
9 12/19/2023

BUDGET PARTICIPATION

OUTREACH CAMPAIGN
Collaborate with City Manager’s Office of Public Information to advertise engagement efforts through press releases (English, Spanish & Vietnamese), social media ads, Nixle, digital marquees, City Hall lobby screens & other display
advertisements.

Tap into the City’s multiple social media platforms by
collaborating with the most active departments that have the largest number of followers.

Promote community engagement through various city
published newsletters such as:

COSAS (City Manager’s Newsletter)
SAPD
Library
PRCSA
Economic Development
Arts & Culture
Partner with local non-profits to promote engagement and input. These organizations include but aren’t limited to America on Track, Asian American Senior Citizens Center, Cambodian Family Community Center, Garden Grove USD-
Russell Elementary School, Immaculate Heart of Mary Church, KidWorks, Latino Health Access, Newhope Church THE MIXX, St. Barbara Catholic Church, Templo Calvario Community
Development, and VietRISE.

City of Santa Ana Finance &
Management Services
December 19, 2023

City Council
10 –
10 12/19/2023

TOOLS
& RESOURCES
City of Santa Ana Finance &
Management Services
December 19, 2023
Budget Engagement Simulation Tool (BEST)- This
software suite consists of two tools:

The Simulate Tool provides a way for the community
to frame financial tradeoffs by allowing users to
build their own city budget.

The Prioritize Tool offers a simple way to present
projects and costs. The City sets an overall budget
and users select projects up to a specified amount,
and then rank-orders them.

Budget Priorities Survey- Online Survey
In Person Feedback
Tools to Provide Input
1 or 2 minute infomercial illustrating how to use both
Live Sim and Prioritize
Brief video showcasing Santa Ana’s budget
Other Resources

City Council
10 –
11 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Development Impact Fee Report

AGENDA TITLE
Annual Development Impact Fee Report for Fiscal Year 2022-2023

RECOMMENDED ACTION
Receive and file.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
Following the passage of Proposition 13 in 1978, many cities began charging fees on new development to fund public improvements and services such as streets, public utilities, and parks. These fees are commonly known as development impact fees. To ensure these fees were spent in a timely manner and on projects for which they were being collected, the State Legislature passed Assembly Bill 1600, known as the Mitigation Fee Act.

In accordance with Government Code Sections 66001 and 66006, the City is required to publish an annual report (Exhibit 1) for each fund established to account for development impact fees. The report must include: a brief description of the type of fee; fee amount; beginning and ending balance of the account or fund; amount of fees collected and interest earned; identification of each public improvement on which fees were expended and the amount expended; an estimated date construction will commence; and descriptions of each inter-fund transfer or loan.

California Government Code Section 66006 requires an annual accounting of development impact fees be made available to the public within 180 days of the end of the City's fiscal year. In addition, this information must be presented to the City Council at least 15 days after it is made available to the public.

The City collects the following development impact fees: Transportation System Improvement Area, Transit Zoning Code Traffic Impact Mitigation Fair Share, Harbor Specific Plan Mitigation Fair Share, Drainage Assessment Fee, Sewer Connection Fee, Park Acquisition, and Development Fees. The fees are collected prior to the issuance of building permits for new residential and commercial construction. The impact fees are

City Council
11 –
1 12/19/2023

Development Impact Fee Report
December 19, 2023

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established by City Council resolution and are deposited into the designated impact fee fund.

FISCAL IMPACT
Fiscal Year 2022-2023 development fee expenditures totaled $13,994,181 and were used for streets improvements, public utilities improvements, and parks improvements.

EXHIBIT(S)

1. City of Santa Ana Assembly Bill 1600 Development Fee Report Fiscal Year 2022- 2023
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

City Council
11 –
2 12/19/2023

City of Santa Ana’s Public Works Agency
Assembly Bill 1600 Development Fee Report
Fiscal Year 2022-2023
Government Code Section 66006 requires local agencies that collect development impact fees to submit an annual notice detailing the status of those fees within 180 days after the last day of the fiscal year. The annual report must be made available to the public and then presented to the public agency (City Council) at least 15 days after it is made available to the public.

T
he following is the annual report for the City’s development impact fees.

P
rovide a brief description of the type of fee in the account or fund.

Drainage Assessment Fee
The drainage assessment fees are established in the Santa Ana Municipal Code. The City has six “local drainage areas,” each with its own fee schedule. Payment of the fee is required as a condition to the City’s approval of a subdivision or parcel map. The City is required to maintain a separate fund for the fee revenues of each such area. Expenditures from each such fund are limited solely to the construction of drainage facilities within the area from which the fund revenues were collected.

Sewer Connection Fee
The sewer connection fees are established in the Santa Ana Municipal Code. No person shall make any sewer connection unless a permit is issued by Public Works. No permit for such connection shall be issued unless the application is accompanied by the payment of a fee to the City in an amount which shall determine the applicant’s proportionate share of the cost of construction of such public sewer.

Water Connection Fee
The water connection fees are established in the Santa Ana Municipal Code. Water connection fees are used to establish water service. All applicants prior to connecting to a water main or prior to an increase in size of an existing water meter or service, shall apply and obtain a permit to do so and pay the water connection fees.

Transportation System Improvement Area Fee
The transportation system improvement areas fees are established in the Santa Ana Municipal Code. The purpose of a transportation system improvement program is to identify and designate those areas where the transportation system may experience a significant reduction in the level of service unless corrective measures are instituted concurrent with increased transportation demands. Fees collected for building projects and improvements on properties in a transportation systems improvement program area shall be used to improve the transportation system within such area when such improvements will substantially benefit the transportation system within the area.

Residential Development Fee
The residential development fees are established in the Santa Ana Municipal Code. The fees are served for the purpose of preserving an appropriate balance between the demand by residents for use of park and recreational facilities and the availability of such park and recreational facilities and to preclude residential development which would create an excess demand on such facilities. Fees paid shall be placed in a special fund known as the “Park Acquisition and Development Fund,” which will be used for the acquisition, construction and renovation of park and recreation facilities.

EXHIBIT 1

City Council
11 –
3 12/19/2023

List the amount of the fee.

Drainage Assessment Fee Schedule
Areas Effective 7/1/2022
Area 1 $ 8,372.00
Area 2 $ 10,092.00
Area 3 $ 5,433.00
Area 4 $ 8,019.00
Area 5 $ 9,136.00
Area 6 $ 8,985.00

Sewer Connection Fee Schedule: $51.00 per plumbing fixture unit.

Water Connection Fee Schedule
Meters Effective 7/1/2022
5/8” Meter $ 465.00
3/4” Meter $ 465.00
1” Meter $ 465.00
1 1/2” Meter $ 496.00
2” Meter $ 560.00
3” Meter $ 1,886.00
4” Meter $ 2,815.00
6” Meter $ 4,533.00

Transportation System Improvement Area Fee Schedule
Non-Residential Areas Effective 7/1/2022
Area A $ 5.15 / sq. ft.

Area B $ 1.81 / sq. ft.

Area C $ 5.53 / sq. ft.

Area D $ 3.31 / sq. ft.

Area E $ 2.01 / sq. ft.

Area F $ 1.81 / sq. ft.

Residential* Effective 7/1/2022
Area A $ 5.15 / sq. ft.

Area B $ 1.81 / sq. ft.

Area C $ 5.53 / sq. ft.

Area D $ 3.31 / sq. ft.

Area E $ 2.01 / sq. ft.

Area F $ 1.81 / sq. ft.
*Applies only for projects with 5 or more dwelling units on the entire project.

Residential Development Fee Schedule

City Council
11 –
4 12/19/2023

Bedrooms Effective 7/1/2022
5 Bedrooms $ 8,179.00
4 Bedrooms $ 7,352.00
3 Bedrooms $ 6,640.00
2 Bedrooms $ 4,948.00
1 or less $ 3,714.00

City Council
11 –
5 12/19/2023

List the beginning and ending balance of the account or fund.

DEVELOPMENT IMPACT FEES – FY 2022/2023

BEGINNING

BALANCE
As of 07/01/22
ENDING

BALANCE
As of 06/30/23

PUBLIC WORKS AGENCY
New Transportation System Improvement Area Fee - Area B (Fund 033) $575,521.51 $581,819.03 New Transportation System Improvement Area Fee - Area E (Fund 034) $1,496,062.45 $1,731,199.88 New Transportation System Improvement Area Fee - Area F (Fund 035) $1,878,238.51 $1,851,251.60 Transportation System Improvement Area Fee - Area A (Fund 041) $700,551.81 $707,557.25 Transportation System Improvement Area Fee - Area B (Fund 042) $9,592.17 $9,688.09 Transportation System Improvement Area Fee - Area C-2 (Fund 048) $214,247.74 $216,390.17 Transportation System Improvement Area Fee - Area G (Fund 049) $98,750.31 $99,737.80 Sewer Connection Fee (Fund 055) $7,644,012.85 $4,160,736.41 Water Connection Fee (Fund 060) $33,112,526.15 $10,513,003.08 Drainage Assessment Fee - Area 1 (Fund 221) $1,020,497.88 $1,084,926.79 Drainage Assessment Fee - Area 2 (Fund 222) $273,895.45 $285,860.36 Drainage Assessment Fee - Area 3 (Fund 223) $421,886.72 $426,873.63 Drainage Assessment Fee - Area 4 (Fund 224) $419,915.30 $517,354.29 Drainage Assessment Fee - Area 5 (Fund 225) $282,170.25 $284,996.20 Drainage Assessment Fee - Area 6 (Fund 226) $381,053.23 $388,047.87 Transportation System Improvement JPA Area A (Fund 991) $2,611,036.54 $2,634,847.41 Transportation System Improvement JPA Area B (Fund 992) $10,641,688.00 $11,013,559.30

PARKS, RECREATION & COMMUNITY SERVICES AGENCY
Residential Development District 1 (Fund 311) $3,288,547.02 $989,473.70 Residential Development District 2 (Fund 312) $5,412,407.50 $3,397,203.90 Residential Development District 3 (Fund 313) $12,257,284.97 $11,677,281.45 Residential Development District 4 (Fund 314) $652,880.73 $370,570.44 Residential Development District 5 (Fund 315) $0.00 $1,492,453.54

List the amount of fees collected and the interest earned.

DEVELOPMENT IMPACT FEES – FY 2022/2023 FEES

COLLECTED

INTEREST
EARNED

PUBLIC WORKS AGENCY
New Transportation System Improvement Area Fee - Area B (Fund 033)
$539.38 $5,758.14
New Transportation System Improvement Area Fee - Area E (Fund 034)
$172,122.33 $15,752.92
New Transportation System Improvement Area Fee - Area F (Fund 035)
$147,277.76 $17,952.97
Transportation System Improvement Area Fee - Area A (Fund 041) $0.00 $7,005.44 Transportation System Improvement Area Fee - Area B (Fund 042) $0.00 $95.92 Transportation System Improvement Area Fee - Area C-2 (Fund 048) $0.00 $2,142.43 Transportation System Improvement Area Fee - Area G (Fund 049) $0.00 $987.49 Sewer Connection Fee (Fund 055) $1,225,447.49 $57,145.10 Water Connection Fee (Fund 060) $803,195.52 $3,849.04

City Council
11 –
6 12/19/2023

DEVELOPMENT IMPACT FEES – FY 2022/2023 FEES

COLLECTED

INTEREST
EARNED
Drainage Assessment Fee - Area 1 (Fund 221) $53,915.68 $10,513.23 Drainage Assessment Fee - Area 2 (Fund 222) $9,183.72 $2,781.19 Drainage Assessment Fee - Area 3 (Fund 223) $760.62 $4,226.29 Drainage Assessment Fee - Area 4 (Fund 224) $94,944.96 $4,785.00 Drainage Assessment Fee - Area 5 (Fund 225) $0.00 $2,825.95 Drainage Assessment Fee - Area 6 (Fund 226) $3,054.90 $3,939.74 Transportation System Improvement JPA Area A (Fund 991) $0.00 $23,810.87 Transportation System Improvement JPA Area B (Fund 992) $742,832.68 $99,219.99

PARKS, RECREATION & COMMUNITY SERVICES AGENCY
Residential Development District 1 (Fund 311) $78,827.00 $12,081.99 Residential Development District 2 (Fund 312) $584,945.30 $41,073.01 Residential Development District 3 (Fund 313) $4,562,310.00 $141,143.78 Residential Development District 4 (Fund 314) $265,252.00 $2,796.71 Residential Development District 5 (Fund 315) $35,336.00 $23,635.69

Identify of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees.

PUBLIC IMPROVEMENT EXPENDITURES – FY 2022/2023 TOTAL

EXPENDITURE

PERCENT

FUNDED BY
FEE

PUBLIC WORKS AGENCY
Transportation System Improvement Area Fee – Area E (Fund 034) Project No. 18-6901 Warner Ave Improvements Phase 2: Oak-Grand $6,942,796.36 0.06% Project No. 20-6971 Warner Protection Bike Lane: Oak-Grand $87,320.48 3.92% Transportation System Improvement Area Fee – Area E (Fund 035) Project No. 13-6792 Bristol Widening: CC-Washington IIIA $1,326,958.34 0.93% Project No. 14-6802 Warner Avenue Widening: Main-Oak Phase I $1,820,344.98 3.08% Project No. 15-6827 Fairview Bridge & Street Improvements $1,537,270.74 0.15% Project No. 17-6883 Bristol Street & Memory Lane Inter Widening $176,551.44 49.71% Sewer Connection Fee (Fund 055)
Project No. 06-3510 Segerstrom/San Lorenzo S Lift $3,722,050.31 95.00% Project No. 18-6616 Flower Street Sewer Main Improvements $1,218,137.28 35.08% Project No. 19-6430 Wright Street Sewer Main Improvements $3,472,925.53 61.62% Project No. 21-6619 North East Annexation Sewer Improvements $3,504.76 100.00% Drainage Assessment Fee – Area 4 (Fund 224)
Project No. 20-6618 Warner Storm Drain Improvements: Phase 1 $19,361.62 11.83 %

PARKS, RECREATION & COMMUNITY SERVICES AGENCY
Parks Acquisition & Development – District 1 (Fund 311) Project No. 20-2714 El Salvador Basketball Court & Lighting $6,008.31 100.00% Parks Acquisition & Development – District 2 (Fund 312-13260) Project No. 15-2645 Santiago Park Gas House Area Improvements $1,359,644.78 57.68% Project No. 21-2727 Cabrillo Park Irrigation Renovation $502,407.89 100.00% Project No. 22-2752 Stadium Synthetic Turf $593,664.32 100.00%

City Council
11 –
7 12/19/2023

PUBLIC IMPROVEMENT EXPENDITURES – FY 2022/2023 TOTAL

EXPENDITURE

PERCENT

FUNDED BY
FEE
Project No. 22-2753 Stadium Scoreboard $331,665.22 83.72% Parks Acquisition & Development – District 2 (Fund 312-13261) Project No. 15-2645 Santiago Park Gas House Area Improvements $1,359,644.78 31.57% Project No. 22-2753 Stadium Scoreboard $331,665.22 16.28% Parks Acquisition & Development – District 3 (Fund 313) Project No. 16-2658 Santa Ana Zoo Giant River Otter Habitat $3,228,949.64 98.67% Project No. 20-2729 Standard & McFadden New Park $218,896.97 31.62% Project No. 21-2726 Pacific Electric Bike Trail Lighting Phase II $41,713.43 100.00% Project No. 21-2728 Sandpointe Park Security Lighting $17,888.60 100.00% Project No. 21-2740 Flower Street Bike Trail Renovation $995,089.35 100.00% Project No. 22-2769 Memorial Park Lighting Project $612,761.40 98.37% Parks Acquisition & Development – District 4 (Fund 314) Project No. 18-2681 Centennial Lake Renovation $43,426.48 51.40% Parks Acquisition & Development – District HSP (Fund 315) Project No. 19-7527 Santa Anita Park Renovation $3,166,782.64 46.69%

Provide the approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, as identified in the City’s master plans, and the public improvement remains incomplete.

PUBLIC IMPROVEMENT PROJECTS EXPENDITURES – FY 2022/2023 STATUS PROJECT STATUS Transportation System Improvement Area Fee – Area E (Fund 034) Project No. 18-6901 Warner Ave Improvements Phase 2: Oak-Grand IN PROGRESS Project No. 20-6971 Warner Protection Bike Lane: Oak-Grand IN PROGRESS Transportation System Improvement Area Fee – Area E (Fund 035) Project No. 13-6792 Bristol Widening: CC-Washington IIIA IN PROGRESS Project No. 14-6802 Warner Avenue Widening: Main-Oak Phase I IN PROGRESS Project No. 15-6827 Fairview Bridge & Street Improvements IN PROGRESS Project No. 17-6883 Bristol Street & Memory Lane Inter Widening IN PROGRESS Sewer Connection Fee (Fund 055)
Project No. 06-3510 Segerstrom/San Lorenzo S Lift COMPLETED – OCTOBER 2023 Project No. 18-6616 Flower Street Sewer Main Improvements COMPLETED – OCTOBER 2022 Project No. 19-6430 Wright Street Sewer Main Improvements IN PROGRESS Project No. 21-6619 North East Annexation Sewer Improvements IN PROGRESS Drainage Assessment Fee – Area 4 (Fund 224)
Project No. 20-6618 Warner Storm Drain Improvements: Phase 1 COMPLETED – AUGUST 2023 Parks Acquisition & Development – District 1 (Fund 311) Project No. 20-2714 El Salvador Park Basketball Court & Lighting COMPLETED – JULY 2022 Parks Acquisition & Development – District 2 (Fund 312) Project No. 15-2645 Santiago Park Gas House Area Improvements COMPLETED – OCTOBER 2023

City Council
11 –
8 12/19/2023

PUBLIC IMPROVEMENT PROJECTS EXPENDITURES – FY 2022/2023 STATUS PROJECT STATUS Project No. 21-2727 Cabrillo Park Irrigation Renovation COMPLETED – JANUARY 2023 Project No. 22-2752 Stadium Synthetic Turf COMPLETED – SEPTEMBER 2022
Project No. 22-2753 Stadium Scoreboard COMPLETED – SEPTEMBER 2023
Parks Acquisition & Development – District 3 (Fund 313) Project No. 16-2658 Santa Ana Zoo Giant River Otter Habitat COMPLETED - 2021 Project No. 20-2729 Standard & McFadden New Park IN PROGRESS Project No. 21-2726 Pacific Electric Bike Trail Lighting Phase II IN PROGRESS Project No. 21-2728 Sandpointe Park Security Lighting IN PROGRESS Project No. 21-2740 Flower Street Bike Trail Renovation IN PROGRESS Project No. 22-2769 Memorial Park Lighting Project COMPLETED – JUNE 2023 Parks Acquisition & Development – District 4 (Fund 314) Project No. 18-2681 Centennial Lake Renovation TBD
Parks Acquisition & Development – District HSP (Fund 315) Project No. 19-7527 Santa Anita Park Renovation TBD

Provide a description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan.

DEVELOPMENT IMPACT FEES – FY 2022/2023

INTERFUND

TRANSFER OR
LOAN
AMOUNT

PUBLIC WORKS AGENCY
New Transportation System Improvement Area Fee - Area B (Fund 033) NONE New Transportation System Improvement Area Fee - Area E (Fund 034) NONE New Transportation System Improvement Area Fee - Area F (Fund 035) NONE Transportation System Improvement Area Fee - Area A (Fund 041) NONE Transportation System Improvement Area Fee - Area B (Fund 042) NONE Transportation System Improvement Area Fee - Area C-2 (Fund 048) NONE Transportation System Improvement Area Fee - Area G (Fund 049) NONE Sewer Connection Fee (Fund 055) NONE
Water Connection Fee (Fund 060) NONE
Drainage Assessment Fee - Area 1 (Fund 221) NONE
Drainage Assessment Fee - Area 2 (Fund 222) NONE
Drainage Assessment Fee - Area 3 (Fund 223) NONE
Drainage Assessment Fee - Area 4 (Fund 224) NONE
Drainage Assessment Fee - Area 5 (Fund 225) NONE
Drainage Assessment Fee - Area 6 (Fund 226) NONE
Transportation System Improvement JPA Area A (Fund 991) NONE Transportation System Improvement JPA Area B (Fund 992) NONE

PARKS, RECREATION & COMMUNITY SERVICES

City Council
11 –
9 12/19/2023

DEVELOPMENT IMPACT FEES – FY 2022/2023

INTERFUND

TRANSFER OR
LOAN
AMOUNT
Residential Development District 1 (Fund 311) $2,383,974.00 Residential Development District 2 (Fund 312) NONE
Residential Development District 3 (Fund 313) NONE
Residential Development District 4 (Fund 314) $528,039.00 Residential Development District HSP (Fund 315) $2,912,013.00

Fund 315 was created for the Harbor Specific Plan (HSP) development Area. The HSP area overlays District 1 and District 4. The transfer represents the funds related to the HSP area and were held in Fund 311 and 314 until Fund 315 was established.

City Council
11 –
10 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Engineering Division Funding

AGENDA TITLE
Approve General Fund Appropriation Adjustment to Cure Negative Fund Balance in the Public Works Engineering Fund (General Fund)

RECOMMENDED ACTION
Approve a General Fund appropriation adjustment to transfer $2.9 million to the Public Works Engineering Fund 086 to cure the negative fund balance and prepare for fund closure during FY 2023-24. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Engineering Services Division of the Public Works Agency provides a variety of services to support City capital projects, traffic operations, and development within the City. The Engineering Services Division is responsible for delivering a capital improvement program consisting of street, traffic, storm drain, parks, building facilities, and water and sewer improvements, a large part of which are grant funded.

The Engineers are able to charge most, but not all, of their time to restricted money or developer deposits. Staff time is charged with a fully-burdened rate; this includes salary, benefits, and overhead such as supervision, equipment, and administrative support. Restricted money sources such as Measure M2, grants, etc., often limit the amount of overhead the City can charge for staff time. Realistically, an employee may have roughly 1,800 hours per year of productive work time due to administrative tasks, time off, training, and other demands. Therefore, between the overhead limitations and the reality of productive work time, the Engineering Division is not able to charge 100% of its cost to restricted money or developer deposits.

The Engineering Services Division is accounted for in a separate internal service fund (Fund 086). Due to the inability to charge 100% of cost, the fund has been struggling with a negative fund balance for several years. Staff has been trying to find other solutions (e.g. updated fee studies) to increase the charge rate; but recently Orange County Transportation Authority (OCTA) made a determination to deny charge rates

City Council
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1 12/19/2023

Engineering Division Funding
December 19, 2023

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with higher amounts of overhead. While looking for other solutions, Staff reported the situation to City Council and the public in the following reports and presentations:
•May 24, 2021 Budget Workshop presentation indicated that a majority of Internal Services Funds, including the Engineering Fund, are underfunded. •March 1, 2022 Mid-Year Budget Report indicated that Public Works was currently updating its Cost Recovery Plan, which may improve the current fund deficit; and that future General Fund support may be needed.
•May 17, 2022 Budget Workshop presentation identified the Engineering Fund as an issue. Staff oral comments indicated the Engineering Fund continues to experience delays in project billing and reconciliation; and that staff would like to fold the operation into the General Fund after staff has current information and develops a plan.
•November 15, 2022 First Quarter Budget Report recommended moving construction inspection costs from the Engineering Fund to the General Fund, with a net fiscal impact of approximately $237,000. The staff report indicated that the next phase is to transition engineering costs to the General Fund after process improvements are completed. City Council approved the staff recommendation.
•May 11, 2023 Budget Workshop presentation indicated the fund had a $1.5 million deficit balance and that the work of improving the business model is ongoing. Staff oral comments included that engineers cannot charge their time for administration, management, and non-productive time such as vacation; staff has been working on improving the business model; and as funding allows, staff may return with a request for a General Fund infusion.

To date, Public Works Agency staff has taken the following measures to increase revenue and decrease expenditures in the Engineering Fund:
•Worked with Caltrans and OCTA to substantiate and increase billable rates via approved Indirect Cost Rate Plans
•Filled vacancies in billable engineering positions
•Maintained vacancies in administrative positions
•Implemented new timekeeping solutions to demonstrate billable hours •Prepared Indirect Cost Allocation Plans for administration cross charges assessed to the Engineering Fund (a requirement to increase billable rates).

Staff will continue to work to increase the ability to recoup overhead costs by preparing additional Indirect Cost Allocation Plans and further reduce the net cost of the Engineering Services Division.

At this point, staff recommends adding the Engineering Services Division budget to the General Fund with an approximate $900,000 per year net cost for overhead and time that cannot be charged to projects or developer deposits. The internal service fund would be closed.

City Council
12 –
2 12/19/2023

Engineering Division Funding
December 19, 2023

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To cure the Fund 086 negative balance and prepare for fund closure during FY 2023- 24, staff recommends a one-time General Fund contribution of $2.9 million. During preparation of the FY 2024-25 budget, the Engineering Services Division budget and the corresponding charge revenue will be included as a separate program within the proposed General Fund budget.

FISCAL IMPACT
As reported by Finance on this same Agenda, the estimated General Fund Balance of $17.8 million available for one-time spending is sufficient for the necessary contribution of $2.9 million.

Submitted By: Nabil Saba, P. E., Executive Director - Public Works Agency Approved By: Tom Hatch, Interim City Manager

City Council
12 –
3 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Bikeway and Safe Routes to School Projects

AGENDA TITLE
Approve a Capital Improvement Project Amendment for Bikeway and Safe Routes to School Projects (Project Nos. 24-6000, 24-6001, 24-6002, 24-6003, 24-6004)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize Traffic System Management Grant funds in an amount of $41,361,000 in the State Grant-Direct revenue account, and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account. (Requires five affirmative votes)

2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $9,987,000 of funding to the Mendez Intermediate, Advance Learning Academy, Santiago Elementary, and Sierra Intermediate Safe Routes to School (Project No. 24-6000).

3. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $4,900,000 of funding to the MacArthur Intermediate and Taft Elementary Safe Routes to School (Project No. 24-6001).

4. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $9,990,000 of funding to the Madison Elementary, Roosevelt-Walker Academy, and Century High Safe Routes to School (Project No. 24-6002).

5. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $8,222,000 of funding to the Santa Ana High School and Heninger Elementary School Safe Routes to School (Project No. 24-6003).

6. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Project to include $8,262,000 of funding to the Jackson Elementary and Diamond Elementary Safe Routes to School (Project No. 24-6004).

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The City of Santa Ana received five Active Transportation Program (ATP) grants on June 28, 2023. These projects will include the installation of various traffic calming and/or traffic safety improvements including rectangular rapid flashing beacons, curb

City Council
13 –
1 12/19/2023

Bikeway and Safe Routes to School Projects
December 19, 2023

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extensions, bikeway improvements, new wheelchair ramps, street lighting, sidewalks improvements, traffic signal, median islands, and radar feedback signs.

These projects (Exhibits 1-5) were not previously included in the FY 2023-24 Capital Improvement Program (CIP) due to funding being identified after the FY 2023-24 CIP program had been finalized and approved, which is typical. Approval of this action will allow staff to commence work on the environmental phase for these projects to commence this January 2024. Caltrans award notification letter and Metropolitan Planning Organization (MPO) award list are attached as Exhibit 6 and Exhibit 7, respectively.

FISCAL IMPACT
Approval of the requested Appropriation Adjustment will recognize Traffic System Management Grant funds in the amount of $41,361,000 in the State Grant-Direct revenue account (No. 14817002-52025) and appropriate the same amount to the Active Transportation Program, Improvements Other than Buildings expenditure account (No. 14817613-66220).

With the approval of the amendment to the FY 2023-24 Capital Improvement Program, funds will be assigned, budgeted, and available for expenditure in FY 2023-24. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-25.

The following table summarizes the funds budgeted and available for expenditure to deliver these projects.

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

Description
Amount
2023-24 14817613-66220
(24-6000)
Traffic
System
Management
Grant
Active Transportation
Program, Improvements
Other Than Buildings
$9,987,000
2023-24 14817613-66220
(24-6001)
Traffic
System
Management
Grant
Active Transportation
Program, Improvements
Other Than Buildings
$4,900,000
2023-24 14817613-66220
(24-6002)
Traffic
System
Management
Grant
Active Transportation
Program, Improvements
Other Than Buildings
$9,990,000
2023-24 14817613-66220
(24-6003)
Traffic
System
Active Transportation
Program, Improvements
Other Than Buildings
$8,222,000

City Council
13 –
2 12/19/2023

Bikeway and Safe Routes to School Projects
December 19, 2023

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2 5
Fiscal
Year
Accounting Unit
- Account No.
(Project No.)
Fund
Description
Accounting Unit,
Account No.

Description
Amount
Management
Grant
2023-24 14817613-66220
(24-6004)
Traffic
System
Management
Grant
Active Transportation
Program, Improvements
Other Than Buildings
$8,262,000
Total $41,361,000

EXHIBIT(S)

1. CIP Sheet Project 24-6000

2. CIP Sheet Project 24-6001

3. CIP Sheet Project 24-6002

4. CIP Sheet Project 24-6003

5. CIP Sheet Project 24-6004

6. Caltrans Award Notification Letter

7. MPO Award List
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

City Council
13 –
3 12/19/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Project improvements include: Wheelchair ramps, sidewalk, raised crosswalk, curb extensions, high visibility crosswalks, radar feedback signs, and streetlights.

PROJECT NEED:

Pedestrian and bicycle traffic safety Improvements for school age pedestrians.

PROJECT TITLE:

Mendez, Intermediate, ALA,
Santiago Elementary and Sierra
Intermediate SRS
PROJECT CATEGORY:

Traffic Improvements
Traffic Improvements

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Traffic Engineering Zdenek Kekula, Principal Civil Engineer 12-Dec-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction - - - 9,037,000 - - -
Engineering - 900,000 - - - - -
Environmental 50,000 - - - - - -
TOTAL 50,000 900,000 - 9,037,000 - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ATP 50,000 900,000 - 9,037,000 - - -
TOTAL 50,000 900,000 - 9,037,000 - - -
EXHIBIT 1

City Council
13 –
4 12/19/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Project improvements include: Wheelchair ramps, sidewalk, raised crosswalk, curb extensions, high visibility crosswalks, radar feedback signs, and streetlights.

PROJECT NEED:

Pedestrian and bicycle traffic safety Improvements for school age pedestrians.

PROJECT TITLE:

MacArthur Intermediate and Taft
Elementary Safe Routes to School
PROJECT CATEGORY:

Traffic Improvements
Traffic Safety / Mobility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Design Engineering Zdenek Kekula, Principal Civil Engineer 12-Dec-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction - - - 4,200,000 - - -
Engineering - 650,000 - - - - -
Environmental 50,000 - - - - - -
TOTAL 50,000 650,000 - 4,200,000 - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ATP 50,000 650,000 - 4,200,000 - - -
TOTAL 50,000 650,000 - 4,200,000 - - -
EXHIBIT 2

City Council
13 –
5 12/19/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Project improvements include: Wheelchair ramps, sidewalk, raised crosswalk, flashing beacon, curb extensions, high visibility crosswalks, radar feedback signs, and streetlights.

PROJECT NEED:

Pedestrian and bicycle traffic safety Improvements for school age pedestrians.

PROJECT TITLE:

Madison Elementary, Roosevelt-
Walker Academy, Century High
SRTS
PROJECT CATEGORY:

Traffic Improvements
Traffic Safety / Mobility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Design Engineering Zdenek Kekula, Principal Civil Engineer 12-Dec-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction - - - 8,840,000 - - -
Engineering - 1,100,000 - - - - -
Environmental 50,000 - - - - - -
TOTAL 50,000 1,100,000 - 8,840,000 - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ATP 50,000 1,100,000 - 8,840,000 - - -
TOTAL 50,000 1,100,000 - 8,840,000 - - -
EXHIBIT 3

City Council
13 –
6 12/19/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Project improvements include: Wheelchair ramps, sidewalk, raised crosswalk, curb extensions, high visibility crosswalks, radar feedback signs, and streetlights.

PROJECT NEED:

Pedestrian and bicycle traffic safety Improvements for school age pedestrians.

PROJECT TITLE:

Santa Ana High School and
Heninger Elementary School SRTS
PROJECT CATEGORY:

Traffic Improvements
Traffic Safety / Mobility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Design Engineering Zdenek Kekula, Principal Civil Engineer 12-Dec-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction - - - 6,902,000 - - -
Engineering - 1,200,000 - - - - -
Environmental 120,000 - - - - - -
TOTAL 120,000 1,200,000 - 6,902,000 - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ATP 120,000 1,200,000 - 6,902,000 - - -
TOTAL 120,000 1,200,000 - 6,902,000 - - -
EXHIBIT 4

City Council
13 –
7 12/19/2023

CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

Project improvements include: Wheelchair ramps, sidewalk, traffic signal, left turn arrow, curb extensions, high visibility crosswalks, and streetlights.

PROJECT NEED:

Pedestrian and bicycle traffic safety Improvements for school age pedestrians.

PROJECT TITLE:

Jackson Elementary and Diamond
Elementary SRTS
PROJECT CATEGORY:

Traffic Improvements
Traffic Safety / Mobility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Design Engineering Zdenek Kekula, Principal Civil Engineer 12-Dec-2023 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction - - - 7,312,000 - - -
Engineering - 850,000 - - - - -
Environmental 100,000 - - - - - -
TOTAL 100,000 850,000 - 7,312,000 - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ATP 100,000 850,000 - 7,312,000 - - -
TOTAL 100,000 850,000 - 7,312,000 - - -
EXHIBIT 5

City Council
13 –
8 12/19/2023

“Provide a safe and reliable transportation network that serves all people and respects the environment”

DIVISION OF L OCAL ASSISTANCE
P.O. BOX 942874, MS–1 | SACRAMENTO, CA 9427 4–0001
(916) 654-1776 | FAX ( 916) 653-1905 TTY 711
www.dot.ca.gov
August 7, 2023
Active T
ransportation Program
Cycle 6 Metropolitan Planning Organization (MPO) Awardee Dear R
ecipient:

Congra
tulations! Your project is included in the California Transportation Commission’s (CTC) 2023 Active Transportation Program (ATP) Metropolitan Planning Organization (MPO) Component list of programmed projects. The links to the final adopted MPO Component can be found below:
• MPO Component for the Metropolitan Transportation Commission • MPO Component for Nine of Ten Large MPOs
For the su
ccessful implementation of your project, please note the following:
• The agenc
y’s first step is to contact the appropriate District Local Assistance Engineer (DLAE) who can assist with the Master Agreement (if needed), allocation, and authorization processes.
• Projects must be federal-aid eligib le unless the project is designated as state- only funded. Contact your DLAE, your MPO, or check Attachment C of the links to the final adopted MPO Component above to determine if your project is State or Federally funded.
• The ATP is a reimbursement program. Reimbursable work cannot commence on your project until:

STATE-ONLY FUNDED FEDERALLY FUNDED
• You have a Master Agreement • You have a Master Agreement • You receive an allocation from CTC • Your project is programmed in the current Federal Statewide
Transportation Improvement
Program (FSTIP)
o It is recommended that your
project be programmed in
the current Federal
Statewide Transportation
Improvement Program (FSTIP)
• You receive an allocation from
CTC
• You receive an authorization to
proceed from Federal Highway
Administration (FHWA)
EXHIBIT 6

City Council
13 –
9 12/19/2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” ATP Cycle 6 Awardee
August 7, 2023

Allocations for projects cannot commence until appropriate clearances are achieved. Please see chapter 25 of the Local Assistance Procedures Guide (LAPG) and the following table for funding allocation requirements.

Phase Work allowed

Requirement prior to
requesting and receiving
funding (allocation)
Project Approval &
Environmental Document
(PA&ED)
• The National
Environmental
Policy Act (NEPA)
and/or the
California
Environmental
Quality Act (CEQA)
clearance
• Preliminary
engineering
• Master Agreement
• MPO/Regional
transportation Planning
Agencies (RTPA) approval
if applicable*
Plans, Specifications and
Estimates (PS&E)
• Formal design work • Master Agreement
• MPO/RTPA approval if
applicable*
• Environmental document
certified
o CEQA for state-only
funded projects
o CEQA and NEPA for
federally funded
projects
• Baseline Agreement
executed if applicable**
Right of Way (RW) • RW mapping
• Fee acquisition
• Utility relocation
• RW certification
• Master Agreement
• MPO/RTPA approval if
applicable*
• Environmental document
certified
o CEQA for state-only
funded projects
o CEQA and NEPA for
federally funded
projects
• Baseline agreement
executed if applicable**

City Council
13 –
10 12/19/2023

ATP Cycle 6 Awardee
August 7, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” Construction (CON) • Advertisement
• Award
• Construction
Construction
engineering
• Master Agreement
• MPO/RTPA approval if
applicable*
• Environmental document
certified
o CEQA for state-only
funded projects
o CEQA and NEPA for
federally funded
projects
• Baseline Agreement
executed if applicable**
• RW certified
• Scope changes
approved***
• Complete PS&E package
• Pertinent permits and
agreements executed
CON-Non-Infrastructure
(CON-NI)
• Non-infrastructure
(NI) or Plans
• Master Agreement
• MPO/RTPA approval if
applicable*
• An approved workplan
(25-R or 25-Plan)
• CEQA/NEPA clearance for
NI and plans
*If the RTPA’s governing board passes a resolution requiring their approval prior to submittal to Caltrans, the implementing agency must provide written evidence of such approval on the Funding Allocation Request
**Per the Senate Bill 1 (SB 1) Accountability and Transparency Guidelines, projects with a total project cost of $25 million or greater or a total ATP programmed amount of $10 million or greater are required to complete a Baseline Agreement
***Scope change requests must be submitted prior to an agency requesting the allocation of co
nstruction funds, except in instances where there is contract bid cost savings (ATP guidelines, Section 28, A)
• It
is the agency’s responsibility to review their project scope throughout the project delivery process and confirm that ATP funding is used to fund the approved eligible scope. Please refer to section 10 “Reimbursement” of the CTC 2023 AT P Guidelines. The CTC does not allow adding ATP funding to cover cost overruns. • Amendment Requests – both scope changes and funding distribution changes are permitted, as approved in accordance with the CTC’s amendment request policy, located in section 28 “Amendment Requests” of the CTC 2023 ATP Guidelines.

City Council
13 –
11 12/19/2023

ATP Cycle 6 Awardee
August 7, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” • ATP projects are subject to CTC Timely Use of Funds (TUF) Requirements. Please refer to section 31 “Timely Use of Funds (TUF)” of the CTC 2023 ATP Guidelines, chapter 25 of the LAPG, the Caltrans ATP TUF webpage, and the CTC meeting preparation schedule.
• Per CTC 2023 ATP Guidelines, all projects must follow the Local Assistance Procedures Manual (LAPM).
• Prior to engaging in any Architectural and Engineering (A&E) contract procurement(s), agencies should reference LAPM chapter 10 and Exhibit 10-C. o Applications that identified a partner or non-A&E consultant as performing a portion of or all work associated with the project scope must still comply with LAPM chapter 10.
• Project Reporting
o The SB 1 Accountability and Transparency Guidelines require the implementing agency to submit quarterly project progress reports, a completion report, and a final delivery report via CalSMART upon adoption into the program.
 Quick Build projects are NOT submitted via the CalSMART reporting sy
stem. Quick-Build Progress Reports will be submitted via an Excel reporting template.
o Agencies that do not comply with the reporting requirements including submittal and explanation of user counts, will be reported to the CTC and required to appear before the Commission.
o All projects, except Plan projects, require before and after counts. When conducting counts, the use of the Interim Count Guidance and the Active Transportation Program Policy on User Counts is required. o Agencies in need of ATP user counting equipment can borrow from the Active Transportation Resource Center (ATRC) Automated Counter Loan Program for free by contacting the Caltrans ATRC/Non-in frastructure team inbox.
• Baseline Agreements
o The SB 1 Accountability and Transparency Guidelines require projects with a total project cost of $25 million or greater (all funds) or a total ATP programmed amount of $10 million or greater to complete a Baseline Agreement.
o Baseline Agreements need to be executed prior to allocation of any phase except for PA&ED (and CON-NI for combination ATP projects). o Current and projected user counts are required. Current user counts may not be required if the facility is new.
• Projects may be subject to Enhanced Oversight by Local Assistance staff to mitigate potential delivery risks.

City Council
13 –
12 12/19/2023

ATP Cycle 6 Awardee
August 7, 2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” • Projects with Federal Transit Administration (FTA)/Bureau of Indian Affair (BIA) transfers must continue to meet all above conditions, in addition to the requirements of the FTA and BIA.
• Projects may be subject to an audit by the Independent Office of Audits and Investigations to evaluate the following:
o Performance of the project
o Whether project costs incurred and reimbursed are compliant with the following:
 Executed project agreement and/or approved amendment(s)  State and Federal laws and regulations
 Contract provisions
 Program Guidelines
o Consistency with project scope, schedule and benefits described in the executed project agreement and/or approved amendment(s), and approved project application.
• Caltrans manages the ATRC to provide training, resources, tools and technical assistance to ATP awardees. Please visit the ATRC website and to join the ATRC list serve.

If y
ou have any questions about your project or the ATP, please contact your DLAE or your Caltrans Headquarters (HQ) ATP Manager:

Districts (D) or Project Type Caltrans HQ ATP
Manager Email
D 1, 2, 3, 4, & 5
Infrastructure Projects Desiree Fox [email protected] D 6, 9, 10, &11
Infrastructure Projects Cirilo Salilican [email protected] D 7, 8, & 12 Infrastructure
Projects Elijah Hall [email protected]
Plan and NI Projects Michael Hutnick [email protected] Sincer
ely,
DEE LA
M
Division of Local Assistance, Chief

City Council
13 –
13 12/19/2023

“Provide a safe and reliable transportation network that serves all people and respects the environment” ATP Cycle 6 Awardee
August 7, 2023

Enclosure
FedAid Process Flowchart
c: DLAEs, Caltrans Districts
Suj
aya Kalainesan, Assistant Division Chief , Caltrans HQ
Cathy McKeon, State Programs Office Chief, Caltrans HQ
Desiree Fox, ATP Manager North, Caltrans HQ
Cirilo Salilican, ATP Manager Central, Caltrans HQ
Elijah Hall, ATP Manager South, Caltrans HQ
Michael Hutnick, ATP Manager Plans and NI (Acting), Caltrans HQ Felicia Haslem, Project Implementation North Office Chief, Caltrans HQ Robert Nguyen, Project Implementation South Office Chief (Acting), Caltrans HQ Laurie Waters, Associate Deputy Director, CTC

City Council
13 –
14 12/19/2023

California Transportation Commission
2023 Active Transportation Program
MPO Component
Nine of Ten MPOs
Staff Recommendations ($1000s)
MPO County Application ID Project Title Total Project
Cost ATP Funding 23-24 24-25 25-26 26-27 PA&ED PS&E R/W CON CON NI Project Type DAC SRTS State
Score
Regional
Score or
Rank*
SCAG Los Angeles 7-Los Angeles County-10
Pedestrian Plans for Five High-Collision
Disadvantaged Communities in LA County 1,968$ 1,968$ $ - $ 1 ,968 $ - $ - $ - $ - $ - $ - $ 1 ,968 Plan X 80 90 SCAG Los Angeles 7-Santa Monica, City of-1 Wilshire Active Transportation Safety Project 5,957$ 4,765$ $ - $ 4 ,765 $ - $ - $ - $ - $ - $ 4 ,765 $ - Medium Infrastructure X 82 89 SCAG Los Angeles 7-South El Monte, City of-1 Merced Avenue Greenway 3,488$ 2,561$ $ - $ 2 ,561 $ - $ - $ - $ - $ - $ 2 ,561 $ - Small Infrastructure X 83 88 SCAG Los Angeles 7-Avalon, City of-1 Tremont Five Corners School Safety Roundabouts 4,092$ 3,238$ $ 3 ,238 $ - $ - $ - $ - $ - $ - $ 3 ,210 $ 2 8 Medium Infrastructure
+ Non-Infrastructure X X 86 87
SCAG Los Angeles 7-Diamond Bar, City of-1 Diamond Bar Boulevard Complete Streets Project 7,047$ 3,936$ $ - $ 3 ,936 $ - $ - $ - $ - $ - $ 3 ,936 $ - Medium Infrastructure 85 87 SCAG Los Angeles 7-South Gate, City of-1† Tweedy Boulevard Complete Streets, Phase II 6,594$ 5,257$ $ - $ 5 ,257 $ - $ - $ - $ - $ - $ 5 ,257 $ - Medium Infrastructure X X 82 87 SCAG Los Angeles 7-Downey, City of-1 South Downey Safe Routes to School Phase II Project 1,145$ 1,145$ $ 1 65 $ 1 20 $ 8 60 $ - $ 6 5 $ 1 20 $ - $ 8 60 $ 1 00 Small Infrastructure +
Non-Infrastructure X X 83 85
SCAG Los Angeles 7-Pomona, City of-1
San Jose Creek Multi-Use Bikeway in the City of
Pomona 13,123$ 11,623$
$ - $ 1 1,623 $ - $ - $ - $ - $ - $ 1 1,305 $ 3 18 Large Infrastructure +
Non-Infrastructure X 82 85
SCAG Los Angeles 7-La Puente, City of-1
City of La Puente's Safe Routes for Students
Improvement Project 4,389$ 4,384$
$ - $ 3 25 $ 4 ,059 $ - $ - $ 3 00 $ 2 5 $ 4 ,059 $ - Medium Infrastructure X X 79 82 SCAG Los Angeles 7-Los Angeles County-1 Los Nietos Pedestrian Access Improvements 6,542$ 5,233$ $ 5 61 $ - $ 3 74 $ 4 ,298 $ 5 61 $ 3 74 $ - $ 4 ,298 $ - Medium Infrastructure
+ Non-Infrastructure X 78 81
SCAG Los Angeles 7-Signal Hill, City of-1
E. Burnett Street Historical District Pedestrian and
Bike Enhancement Project 2,894$ 2,785$
$ 1 92 $ 3 06 $ 2 ,287 $ - $ 1 92 $ 3 06 $ - $ 2 ,287 $ - Small Infrastructure X 79 81 SCAG Los Angeles 7-Los Angeles County-9‡ Lennox Vision Zero Traffic Safety Enhancements 1,141$ 1,141$ $ 1 ,141 $ - $ - $ - $ - $ - $ - $ 1 ,141 $ - Quick Build N/A 80 SCAG Los Angeles 7-Carson, City of-2†
City of Carson City-wide Community Safety
Improvements 3,467$ 3,451$
$ 3 0 $ 1 75 $ - $ 3 ,246 $ 3 0 $ 1 75 $ - $ 3 ,246 $ - Small Infrastructure X 75 78 SCAG Los Angeles 7-Cudahy, City of-1 Salt Lake Avenue Pedestrian Accessibility Project 7,125$ 7,125$ $ 2 75 $ 6 32 $ 6 75 $ 5 ,543 $ 2 75 $ 6 32 $ 6 75 $ 5 ,543 $ - Medium Infrastructure X X 68 78 SCAG Los Angeles 7-Santa Clarita, City of-2‡
Orchard Village Road Protected Pedestrian and
Bicycle Facility 764$ 764$ $ 7 64 $ - $ - $ - $ - $ - $ - $ 7 64 $ - Quick Build N/A 77 SCAG Los Angeles
7-San Gabriel Valley Council of
Governments-3^§
East San Gabriel Valley Sustainable Multimodal
Improvement Project 64,829$ 100$ $ 1 00 $ - $ - $ - $ 1 00 $ - $ - $ - $ - Large Infrastructure X 58 66 SCAG Los Angeles 7-Maywood, City of-1^
Randolph Street Bike and Facilities Improvement
Project 1,375$ 145$
$ - $ 1 5 $ 1 30 $ - $ 1 5 $ 1 30 $ - $ - $ - Small Infrastructure X 58 63 SCAG Orange 12-Anaheim, City of-1 Rio Vista Safe Routes to School Project 1,312$ 1,312$ $ 4 0 $ 2 93 $ 9 79 $ - $ 4 0 $ 1 73 $ 1 20 $ 9 79 $ - Small Infrastructure X X 88 108 SCAG Orange 12-Santa Ana, City of-16
Mendez lnt Advance Learning Santiago ES Sierra Int
SRTS 9,987$ 9,987$
$ 5 0 $ 9 00 $ - $ 9 ,037 $ 5 0 $ 9 00 $ - $ 9 ,037 $ - Medium Infrastructure X X 88 105 SCAG Orange 12-Santa Ana, City of-20 Memory Lane and Flower Street Bikeway 6,264$ 5,000$ $ - $ 4 50 $ - $ 4 ,550 $ - $ 4 50 $ - $ 4 ,550 $ - Medium Infrastructure X 85 105 SCAG Orange 12-Santa Ana, City of-15 MacArthur Intermediate and Taft Elementary SRTS 4,900$ 4,900$ $ 5 0 $ 6 50 $ - $ 4 ,200 $ 5 0 $ 6 50 $ - $ 4 ,200 $ - Medium Infrastructure X X 88 105 SCAG Orange 12-Buena Park, City of-1 Dale / Whitaker Complete Streets Project 4,595$ 4,368$ $ 7 65 $ 3 ,603 $ - $ - $ 1 00 $ 6 65 $ 1 30 $ 3 ,473 $ - Medium Infrastructure X 81 101 SCAG Orange 12-Santa Ana, City of-5 Jackson Elementary and Diamond Elementary SRTS 8,262$ 8,262$ $ 1 00 $ 8 50 $ - $ 7 ,312 $ 1 00 $ 8 50 $ - $ 7 ,312 $ - Medium Infrastructure X X 84 101 SCAG Orange 12-Santa Ana, City of-12
Madison ES Roosevelt-Walker Academy Century HS
SRTS 9,990$ 9,990$
$ 5 0 $ 1 ,100 $ - $ 8 ,840 $ 5 0 $ 1 ,100 $ - $ 8 ,840 $ - Medium Infrastructure X X 89 101 SCAG Orange 12-Fullerton, City of-1
Bridging the Gap: Nutwood Avenue Bicycle and
Pedestrian Mobility Enhancements 7,140$ 7,140$ $ 5 0 $ 1 ,385 $ 5 ,705 $ - $ 5 0 $ 1 ,300 $ 8 5 $ 5 ,705 $ - Medium Infrastructure
+ Non-Infrastructure X X 80 100
SCAG Orange 12-Anaheim, City of-2†
Anaheim Pedestrian Crosswalk Safety Improvements
Project 1,112$ 1,112$
$ 4 2 $ 1 28 $ - $ 9 42 $ 4 2 $ 1 28 $ - $ 9 42 $ - Small Infrastructure X 82 99 SCAG Orange
12-Orange County Transportation
Authority (OCTA)-1 Next STEP (Safe Travels Education Program) 850$ 850$ $ 8 50 $ - $ - $ - $ - $ - $ - $ - $ 8 50 Non-Infrastructure X 67 82 SCAG Orange 12-Santa Ana, City of-1
Santa Ana High School and Heninger Elementary
School SRTS 8,222$ 8,222$
$ 1 20 $ 1 ,200 $ - $ 6 ,902 $ 1 20 $ 1 ,200 $ - $ 6 ,902 $ - Medium Infrastructure X X 84 17 SCAG Riverside 8-Riverside County-7†
Riverside County Safe Routes for All ‐ City of Moreno
Valley 442$ 442$ $ - $ 4 42 $ - $ - $ - $ - $ - $ - $ 4 42 Non-Infrastructure X X 87 107 SCAG Riverside 8-Desert Hot Springs, City of-1
Hacienda Avenue East SRTS Phase II Improvement
Project 9,922$ 8,422$
$ - $ - $ 8 ,422 $ - $ - $ - $ - $ 8 ,422 $ - Medium Infrastructure X X 89 102 SCAG Riverside 8-Menifee, City of-1 Harvest Valley Elementary Safe Routes to School 5,230$ 4,354$ $ 1 24 $ 1 ,483 $ 2 ,747 $ - $ 1 24 $ 4 17 $ 1 ,066 $ 2 ,747 $ - Medium Infrastructure X X 89 96 California Transportation Commission Page 3 of 5 June 7, 2023 EXHIBIT 7

City Council
13 –
15 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Purchase of Three Chevrolet Trucks for the Santa Ana Police Department

AGENDA TITLE
Award a Purchase Order to Guaranty Chevrolet Motors, Inc. in Santa Ana for Three Chevrolet Silverado 2500HD Trucks, in an Amount Not to Exceed $348,830 (Specification No. 23-174) (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $348,830 in prior-year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Machinery and Equipment expenditure account for this item. (Requires five affirmative votes)

2. Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for three 2024 Chevrolet Silverado 2500HD service body trucks in the amount of $318,830, plus a contingency amount of $30,000, for a total amount not to exceed $348,830, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s (PWA) Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services Team maintains an equipment replacement schedule and works with departments to routinely replace vehicles that have surpassed their useful life cycle.

With the assistance of the Fleet Services Team, the Santa Ana Police Department (SAPD) have identified three Crime Scene Investigation vehicles that require replacement. SAPD has a fleet of 245 vehicles, five of which are commercial trucks assigned to the Crime Scene Unit which are shared by over 10 individuals and operate 24 hours per day and seven days per week. The Crime Scene Unit is responsible for the documentation and forensic investigation of crimes ranging from vandalisms to multi-scene, multi-victim homicides. Scene processing can vary from several minutes to

City Council
14 –
1 12/19/2023

Purchase Order to Guaranty Chevrolet Motors
December 19, 2023

3 9
1 0
several days to complete. The five commercial trucks are crucial in providing the transportation of equipment and tools required to complete these forensic investigations.

Santa Ana Ordinance No. NS-3041 authorizes the City to utilize purchase contracts for any public agency utilizing a competitive bid process. On August 28, 2023 an Invitation for Bid (IFB) 23-149 for Chevrolet 2500, Silverado, and Colorado Trucks was advertised on the City’s online bid management and publication system. Two bids were submitted by the IFB deadline and of the two bids received, one was deemed responsive, Guaranty Chevrolet Motors, Inc.

On November 7, 2023, a purchase order was awarded to Guaranty Chevrolet Motors, Inc. of Santa Ana, CA for the purchase of three Chevrolet Silverado 25500HD trucks and one Chevrolet Silverado 1500 truck. The vendor has agreed to extend the pricing offered on IFB. 23-149 until December 22, 2023. Therefore, this purchase is in accordance with the City’s existing purchasing guidelines.

FISCAL IMPACT
With the approval of the requested appropriation adjustment, $348,830 will be recognized in prior year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account (No. 07017002-50001) and appropriate the same amount into the Equipment Replacement Fund, Machinery & Equipment expenditure account (No. 07017100-66400). Funds are budgeted and available for expenditure in the Fiscal Year 2023-24.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 07017100-
66400
Equipment
Replacement
Equipment Replacement,
Machinery & Equipment $348,830
TOTAL $348,830
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

City Council
14 –
2 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Purchase of Two Chevrolet Trucks for the Public Works Agency

AGENDA TITLE
Award a Purchase Order to Guaranty Chevrolet Motors, Inc. in Santa Ana for Two Chevrolet Silverado 1500 Trucks, in an Amount Not to Exceed $101,641 (Specification No. 23-178) (Non-General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Guaranty Chevrolet Motors, Inc. for two 2024 Chevrolet Silverado 1500 Standard Cab trucks in the amount of $96,641, plus a contingency amount of $5,000, for a total amount not to exceed $101,641, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services section maintains an equipment replacement schedule and works with various departments to routinely replace vehicles and equipment that have surpassed their useful life cycle.

The Public Works Agency is required to enforce compliance of Senate Bill 1383 and has hired three Solid Waste Enforcement officers to do so. Two of these officers need vehicles to perform daily operations that include the issuance of citations to non- compliant accounts as noted in the City’s ordinance.

On October 18, 2022, the City Council authorized a one-time purchase and payment of purchase order to National Auto Fleet Group for the purchase of two Ford F-150 Trucks in the amount of $78,872, plus a contingency of $5,000, for a total amount no to exceed $83,872. The City was recently made aware that Ford Manufacturing would no longer be able to produce the trucks ordered by National Auto Fleet Group and formally canceled the purchase order on November 20, 2023.

Santa Ana Ordinance No. NS-3041 authorizes the City to utilize purchase contracts for

City Council
15 –
1 12/19/2023

Purchase of Two Chevrolet Trucks for the Public Works Agency December 19, 2023

3 9
2 4
any public agency utilizing a competitive bid process. On August 28, 2023, an Invitation for Bids (IFB) 23-149 for Chevrolet 2500, Silverado, and Colorado Trucks was advertised on the City’s online bid management and publication system. Two bids were submitted by the IFB deadline, and the bid received from Guaranty Chevrolet Motors, Inc. of Santa Ana was deemed responsive.

On November 7, 2023, a purchase order was awarded to Guaranty Chevrolet Motors, Inc. for the purchase of one Chevrolet Silverado 2500HD truck and one Chevrolet Silverado 1500 truck. The vendor has agreed to extend the pricing offered on IFB. 23- 149 until January 31, 2024 to allow for the purchase of two additional Chevrolet Silverado 1500 trucks in lieu of the original request for the two Ford 150 trucks.

Therefore, this purchase is in accordance with the City’s existing purchasing guidelines.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget. The following table summarizes the funds budgeted and available for expenditure to deliver agreement services.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 06917640-
66400
Refuse
Collection
Service
Refuse Collection
Service, Machinery &
Equipment
$101,641
TOTAL $101,641
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

City Council
15 –
2 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Purchase of Four Chevrolet Passenger Vans for the Santa Ana Police Department

AGENDA TITLE
Award a Purchase Order to Penske Chevrolet of Cerritos in an Amount Not to Exceed $227,492 (Specification No. 23-167A) (Non-General Fund) (Revive Santa Ana)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Penske Chevrolet of Cerritos for four 2024 Chevrolet Express 2500 12-Passenger Vans in the amount of $207,492, plus a contingency amount of $20,000, for a total amount not to exceed $227,492, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment.

With the assistance of the Fleet Services Team, the Santa Ana Police Department (SAPD) have identified a need for four Chevrolet Express Passenger vans. The vans will support the expansion of the Santa Ana Police Athletic and Activity League (SAPAAL) Program. The vans will be used as transportation for SAPAAL participants and City staff to SAPAAL program activities.

The Invitation for Bids (IFB) 23-167A was advertised on October 18, 2023 on the City’s online bid management and publication system. A summary of IFB vendor participation and results is as follows:
213 Vendors notified
27 Santa Ana vendors notified
9 Vendors downloaded the bid packet
1 Bid received
0 Bids received from Santa Ana vendors

City Council
16 –
1 12/19/2023

Purchase Order for Four Chevrolet Passenger Vans for the Santa Ana Police Department December 19, 2023

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Bids were solicited, opened on November 1, 2023, and evaluated. One bid was submitted by the IFB deadline. Penske Chevrolet of Cerritos, of Cerritos, CA was the sole bidder.

The submitted bid was determined to be the lowest, responsible bidder, and was responsive to the specifications for the vehicles for which they submitted a bid, and meets the City’s requirements.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget. The following table summarizes the funds budgeted and available for expenditure.

Fiscal
Year
Accounting
Unit-Account
#
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 18114013-
66400
American
Rescue Plan
Act
ARPA - PD, Machinery &
Equipment $227,492
TOTAL $227,492
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Thomas R. Hatch, Interim City Manager

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16 –
2 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Purchase of One Ford Transit Passenger Wagon Van for the Santa Ana Jail

AGENDA TITLE
Award a Purchase Order to National Auto Fleet Group for One Ford Transit Passenger Wagon Van in an Amount Not to Exceed $123,658 (Specification No. 23-177) (General Fund)

RECOMMENDED ACTION
Authorize a one-time purchase and payment of a Purchase Order to National Auto Fleet Group for one 2024 Ford Transit Passenger Wagon Van in the amount of $103,658 plus a contingency amount of $20,000, for a total amount not to exceed $123,658, subject to non-substantive changes approved by the City Manager and City Attorney.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Fleet Services section maintains an equipment replacement schedule and works with departments to routinely replace vehicles that have surpassed their useful life cycle.

The Santa Ana Jail currently has three vans to transport inmates to and from court, designated parent facilities, and medical facilities throughout Southern California.

These vans are also used for the Quality of Life Team and driving under the influence enforcement activities. The oldest vehicle is a 2008 Chevy 3500 Express Van that has exceeded its useful life and has 235,922 miles. Due to the wear and mileage on this vehicle, it is no longer adequate for long distance transportation outside of City limits.

Therefore, it is necessary to replace this vehicle. Funding for this purchase was carried from FY 2022-23 General Fund.

Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Sourcewell, a cooperative government purchasing agency, awarded a contract to National Auto Fleet Group (Contract No. 091521-NAF) as a result of open, competitive bidding on behalf of its members, which includes government agencies.

City Council
17 –
1 12/19/2023

Purchase Order to National Auto Fleet
December 19, 2023

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Staff researched available procurement options and product offerings in the market, and determined that National Auto Fleet Group meets the City’s specifications. By leveraging the procurement power through cooperative purchasing, the City of Santa Ana is able to obtain nationally vetted, high quality products at competitive volume pricing, and is in accordance with the City’s existing Purchasing guidelines.

FISCAL IMPACT
Funding is available in the FY 2023-24 budget. The following table summarizes the funds budgeted and available for expenditure.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 01114420-66400 General Fund
Field Operations,
Machinery &
Equipment
$123,658

EXHIBIT(S)

1. National Auto Fleet Group Quote No. 26450
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

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17 –
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Exhibit 1

City Council
17 –
3 12/19/2023

Public Works Agency
www.santa-ana.org/public-works
Item # {{ item.number }}
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Bicycle Safety Grant Funding Recognition and Professional Services Agreement

AGENDA TITLE
Approve Appropriation Adjustment to Recognize Grant Revenue, Approve an Agreement with the State of California Office of Traffic Safety to Secure a Bicycle Safety Grant in an Amount Not to Exceed $199,900, and Approve an Agreement with Charitable Ventures of Orange County to Provide Bicycle Safety Education in an Amount Not to Exceed $199,900 (Non-General Fund)

RECOMMENDED ACTION

1. Approve an appropriation adjustment to recognize Office of Traffic Safety Pedestrian and Bicycle Safety grant funds in the amount of $199,900 in the OTS-PWA Traffic Safety Grants, Federal Grants-Indirect revenue account and appropriate the same amount to the OTS-Bicycle Safety PWA, Contract Services-Professional expenditure account. (Requires five affirmative votes)

2. Authorize the City Manager to execute a one-year grant agreement with the State of California Office of Traffic Safety for Pedestrian and Bicycle Safety Program funds in an amount not to exceed $199,900, for a one-year period beginning October 1, 2023, and ending September 30, 2024, (timeframe consistent with the grant cycle), subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX).

3. Authorize the City Manager to execute an agreement with Charitable Ventures of Orange County, Inc., to provide bicycle safety education services for a one-year period beginning December 19, 2023, and ending October 31, 2024, in an amount not to exceed $199,900, subject to non-substantive changes approved by the City Manager and the City Attorney (Agreement No. 2023-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Public Works Agency (PWA) partnered with Santa Ana Active Streets (SAAS) to develop a custom Pedestrian and Bicycle Safety Program (Program) for the City of Santa Ana. The Program was submitted by PWA in partnership with SAAS to the State of California Office of Traffic Safety (OTS) and has been awarded a $199,900

City Council
18 –
1 12/19/2023

Bicycle Safety Grant Funding Recognition and Professional Services Agreement December 19, 2023

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grant (Exhibit 1). These funds will be used to address bicycle safety through a series of safety education workshops and events. The goal of the program is to reduce the number of deaths and injuries in traffic collisions involving bicycles and pedestrians.

The bilingual education program is intended to reach a wide cross section of community members. It will include a series of comprehensive workshops consisting of educating adults about traffic safety and educating youths about bicycle safety and maintenance.

At the end of the adult series, community members will recommend improvements to the Public Works Agency to guide the pursuit of future grant funds. At the end of the youth series, community youth will earn a bicycle, which they repaired and maintained during the course of the classes.

The program includes family-friendly bicycle safety skills classes taught by the League of American Bicyclists Certified Instructors, access to nighttime lights and helmets distributed to the community during safety equipment events targeting pedestrians and bicyclists, equipment demonstration events, and bicycle traffic safety fairs at community events. All tasks outlined in the Program scope of work will be delivered directly by SAAS, and will be paid by SAAS’s fiscal agent, Charitable Ventures of Orange County, Inc., (Exhibit 2) utilizing the Office of Traffic Safety grant award.

FISCAL IMPACT
Approval of the requested Appropriation Adjustment will recognize Office of Traffic Safety Pedestrian and Bicycle Safety grant funds in the amount of $199,900 as follows:
$199,900 will be recognized in the OTS-PWA Traffic Safety Grants, Federal Grants- Indirect revenue account (No. 16517002-52001). The Appropriation Adjustment will also appropriate the same amount of $199,900 as follows: $199,900 will be appropriated to the OTS-Bicycle Safety PWA, Contract Services-Professional expenditure account (No. 16517611-62300).

Funds are budgeted and available for expenditure in the Fiscal Year 2023-24.

Fiscal Year Accounting
Unit- Account
No.

Fund
Description
Accounting Unit,
Account No.

Description
Amount
2023-24 16517611-
62300
Office of Safety
Grant
OTS-Bicycle
Safety PWA,
Contract Services-
Professional
$199,900
TOTAL: $199,900

City Council
18 –
2 12/19/2023

Bicycle Safety Grant Funding Recognition and Professional Services Agreement December 19, 2023

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1 1

EXHIBIT(S)

1. State of California, Office of Traffic Safety Grant Agreement

2. Charitable Ventures Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PS24039

1. GRANT TITLE
Pedestrian and Bicycle Safety Program

2. NAME OF AGENCY 3. Grant Period
Santa Ana From:

To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Ana Public Works Agency

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $199,900.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Zed Kekula
Principal Civil Engineer
[email protected]
(714) 647-5606
20 Civic Center Plaza
Santa Ana, CA 92702
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steven Mendoza
Acting City Manager
[email protected]
(714) 647-5200
20 Civic Center Plaza
Santa Ana, CA 92702
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Kathryn Downs
Executive Director of Finance & Management
Services
[email protected]
(714) 647-5420
20 Civic Center Plaza M-17
Santa Ana, CA 92702
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $199,900.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$199,900.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $199,900.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

KZE9G2M4GRX9
20 Civic Center Plaza, Floor 8
Santa Ana
92701-4058
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PS24039

1. PROBLEM STATEMENT
The city of Santa Ana has a large volume of motor vehicle traffic, with arterial roadways carrying an average of 30,000 to 40,000 vehicles per day. There are also four freeways that converge within the city and a total of 450 miles of streets. This creates a mobility challenge in the community.

An analysis of 2020 census data that was part of the City's Vision Zero Plan (comparing household size with the number of automobiles per household) showed that 55 percent of Santa Ana's residents did not have access to an automobile. Relative income levels and vehicle ownership within the city were significantly lower than the statewide average. The population’s median age was also the youngest of the seven largest cities in Orange County, and residential density was one of the highest in the state. Transit ridership in Santa Ana was the highest in the county, with several of the busiest Orange County Transportation Authority bus lines serving the city. As a result of the area's climate and demographics, the city's actively mobile population is relatively high when compared to other communities in the county or state, including a significant portion of the city's adult residents who may not speak English or understand the rules of the road. To meet this demand, the City of Santa Ana has been working on developing an expanding network of bicycle and pedestrian facilities.

Having already been identified as a Federal Highway Administration Focus City, there is an urgent need to make immediate changes in the City of Santa Ana to improve traffic safety for all residents. The Pedestrian and Bicycle Safety Program aims to increase awareness to ultimately reduce the number of pedestrian- and bicyclist-related crashes in the city, especially for children walking to and from school. For this reason, this project is a priority for this community.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of pedestrians killed under age 15 in traffic crashes.

6. Reduce the number of pedestrians injured under age 15 in traffic crashes.

7. Reduce the number of pedestrians killed over age 65 in traffic crashes.

8. Reduce the number of pedestrians injured over age 65 in traffic crashes.

9. Reduce the number of bicyclists killed in traffic crashes.

10. Reduce the number of bicyclists injured in traffic crashes.

11. Reduce the number of bicyclists under age 15 killed in traffic crashes.

12. Reduce the number of bicyclists under age 15 injured in traffic crashes.

13. Increase bicycle helmet usage.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 3. Conduct pedestrian and/or bicycle safety courses with an effort to reach community members.
6 4. Distribute pedestrian/bicycle safety items at no cost to youth or community members in need, during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility.
1 5. Conduct community outreach events with an effort to reach adults. 5

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6. Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A pre- survey will be required to determine the base year helmet use rate and a post- survey will be required to determine the operational rate. Upload completed survey to GEMS.
2 7. Conduct bicycle rodeos with an effort to reach individuals. 2

8. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 760

9. Purchase bicycle helmets. 760

10. Train individuals to be League Certified Instructors. 10

11. Conduct community bicycle rides providing bicycle safety education to promote safe bicycling in the community with an effort to reach bicyclists. 6 12. Conduct a Build-Your-Own Skateboard Education Workshop which includes a certification program upon mastering the associated active transportation safety education course. When reporting, include date/location of each workshop and total number of participants passing or failing certification. Upload copies of completed certificates to GEMS.
2 13. Execute subcontract referenced in the budget. Prior to finalizing the subcontract, grantee will work with the OTS to ensure all costs in the subcontract are allowable.

Upon execution of subcontract, upload executed subcontract to GEMS and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 1 14. Publish a multilingual Santa Ana Bike and Walk Guide to encourage residents, including the disabled community, to interact with ped/bike safety improvements.

Published materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date. When reporting, include whether the OTS Go Safely site or Street Story QR Codes were incorporated in messaging, and number of participants reached. Upload a copy of each completed guide to GEMS. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  Develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.

Media Requirements
 Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
 Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

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However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.

Task 1 - Pedestrian and Bicycle Safety Education Workshops and Classes to help support increased knowledge and understanding of pedestrian and bicycle safety in Santa Ana:
 Collect Bicycle Helmet Usage Surveys. A pre-survey to determine the base year helmet use rate, and a post-survey required to determine the operational rate.

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 Conduct Pedestrian and Bicycle Traffic Safety Fairs to promote active transportation safety in the community.
 Conduct Bicycling Basics Classes to emphasize the importance of bicycle helmet use and traffic safety awareness. At least one (1) of these classes will be taught in Spanish  Conduct Wrench and Ride programs to teach participants about bicycle anatomy, bike safety, and maintenance. All classes will be taught in English or Spanish, with Vietnamese as needed.  Host Build-Your-Own Skateboard Education Workshop which will include a certification program upon mastering the associated active transportation safety education course.

Task 2 - Community Encouragement Activities to support increased walking and biking in Santa Ana (Community encouragement activities may be in-person or virtual to account for applicable health and safety restrictions):
 Conduct Family Cycling Community Bicycle Rides to encourage the use of safe active transportation.
 Conduct ¡Luces Vivas! Community Events to encourage and provide education for walking and riding safely at night.
 Create multilingual Santa Ana Bike and Walk Guides to encourage residents to interact with bicycle and pedestrian safety improvements throughout the city.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PS24039

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PS-24 20.600 State and Community Highway
Safety
$199,900.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicyclist Safety Education
Program - $199,900
402PS-24 $199,900.00 1 $199,900.00
Task 1a (#7 / OB046) - Traffic Safety Fair
(Bike Rodeo)
402PS-24 $0.00 2 $0.00
Task 1b (#3 / OB032) - Bicycling Basics
Course
402PS-24 $0.00 2 $0.00
Task 1c (#3 / OB032) - Wrench and Ride
Course
402PS-24 $0.00 2 $0.00
Task 1d (#12 / M-749026) - Skateboard
Safety Workshop
402PS-24 $0.00 2 $0.00
Task 1e (#3 / OB032) - Bike/Ped Safety
Workshop
402PS-24 $0.00 2 $0.00
Task 1f (#11 / OB051) - Learn to Ride 402PS-24 $0.00 3 $0.00 Task 1g (#10 / OB050) - LCI Seminar 402PS-24 $0.00 1 $0.00 Task 2a (#11 / OB051) - Family Cycling
Class
402PS-24 $0.00 3 $0.00
Task 2b (#5 / OB042) - Bike/Ped Safety
Community Event
402PS-24 $0.00 3 $0.00
Task 2c (#5 / OB042) - Bike/Ped Safety
Mobile Team
402PS-24 $0.00 2 $0.00
Task 2d (#`4 / M-749030) - Santa Ana
Bike and Walk Guide
402PS-24 $0.00 1 $0.00
Bicycle Helmets 402PS-24 $0.00 760 $0.00
Pedestrian/Bicycle Safety Items 402PS-24 $0.00 1 $0.00
Category Sub-Total $199,900.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
$0.00

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Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $199,900.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PS24039

BUDGET NARRATIVE

PERSONNEL COSTS
-

TRAVEL EXPENSES
-

CONTRACTUAL SERVICES
Pedestrian and Bicyclist Safety Education Program - $199,900 - Santa Ana Public Works Agency will seek a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will include the following expenses: fees to perform multilingual services such as virtual and on-bike traffic safety education courses, community outreach, bike rides, bike assessment, traffic safety item distribution, and helmet distribution and fitting at community events.

Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs.

Task 1a (#7 / OB046) - Traffic Safety Fair (Bike Rodeo) - Teaches youth how to safely, efficiently, and confidently interact with the roadway and traffic. These traffic safety fairs cover everything from using different intersection devices, bicycling in the roadway, bicycle safety inspections, and helmet fit. Curriculum uses a combination of traffic simulations and hands-on training to teach participants how to make safe decisions while walking or riding within the roadway. Age-appropriate bicycles will be made available for youth that do not have their bicycle with them.

Task 1b (#3 / OB032) - Bicycling Basics Course - Lessons to include topics such as choosing your bike, what to wear, importance of visibility, helmet fitting, Principles of Bicycling, Principles of Traffic Law, Bike Infrastructure, and Hazards in Bicycling. Workshop will include an on-bike section to include the ABC Quick Check before riding, practicing how to Start and Stop while riding, signaling and scanning, and taking a group ride to use these skills on the road.

Task 1c (#3 / OB032) - Wrench and Ride Course - A series of classes and workshops where participants learn about bikes, bike safety, and maintenance. Each participant chooses a donated bike and repairs it with the guidance of a volunteer mechanic, learning about how the bike works in the process. At the end of the course, the participants will participate in a bike ride accompanied by the instructor. Each participant gets to keep their bike, along with a helmet, lock, and bike lights. All classes to be taught in English, Spanish or Vietnamese, as needed.

Task 1d (#12 / M-749026) - Skateboard Safety Workshop - A Build-Your-Own Skateboard Education Workshop geared toward Santa Ana's youth. The workshop will include building a skateboard, learning skateboard safety skills, as well as tips on skating in the city. The day finishes off with a skate session and a certificate upon mastering the skateboard safety education course.

Task 1e (#3 / OB032) - Bike/Ped Safety Workshop - Presentations and interactive activities on bicycle and pedestrian safety strategies, including nationally recognized best practices and emerging successes from localities across California. Each event will also include a survey of participants to identify what was done well and what could be improved for future events. Survey results will be incorporated into the quarterly progress reports.

Task 1f (#11 / OB051) - Learn to Ride - Class is geared towards new riders to teach them basic skills and give them the confidence to begin riding a bicycle. All classes will be taught by trained League Cycling Instructors (LCIs). The target students are people who don’t know how to ride, have very little experience riding a bike, and/or who have not ridden since childhood. The class is designed to increase bicyclists’ safety awareness of keeping control of a bike, including, keeping eyes on the road while riding, learning how to pedal, shifting gears, and turning safely. Each class will emphasize the importance of helmet use when riding a bicycle as well as proper fit. Each participant will receive a certificate of completion upon mastering the course. Each participant will receive a helmet and bike light, if needed.

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Task 1g (#10 / OB050) - LCI Seminar - League of American Bicyclists (LAB) will conduct an LCI Certification Seminar to train and certify at least 10 and up to 15 community members as League Cycling Instructors (LCIs).

Task 2a (#11 / OB051) - Family Cycling Class - Merges traffic skills curriculum developed by the League of American Bicyclists with the basic skills taught to youth in a bike rodeo. The target population for students is families that seek to ride as a family and give them the confidence to begin riding a bicycle together. Riders learn the rules of the road for entering traffic at intersections and riding in the street. Bike rides are designed to increase bicyclist’s safety awareness of common car/bike crashes, teach ways to prevent and avoid crashes, and emphasize the importance of helmet use when riding a bicycle. A minimum of 2 events will be made available for the city's Spanish-speaking community.

Task 2b (#5 / OB042) - Bike/Ped Safety Community Event - Night-time pop-up community events providing education and light/reflective safety gear distribution. Bilingual educational materials will also be provided at these locations. The program is intended to provide education and encouragement for riding bikes and walking safely in Santa Ana after dark. Helmets will also be fitted and provided to those in need.

Task 2c (#5 / OB042) - Bike/Ped Safety Mobile Team - A team of cyclists will ride seek out people riding or walking in the city without lights or reflective safety gear. Bilingual educational materials will be distributed at locations throughout Santa Ana where night-time bicycle ridership and pedestrian activity is expected to be high and where Santa Ana has seen a history of incidents involving bicyclists and pedestrians at night.

Helmets will also be fitted and provided to those in need.

Task 2d (#`4 / M-749030) - Santa Ana Bike and Walk Guide - A multilingual Santa Ana Bike and Walk Guide to encourage residents, including the disabled community, to interact with bicycle and pedestrian safety improvements throughout the city. It will be accessible in printed and digital formats, through digital PDF or mobile application, through the City of Santa Ana website. The material will include paths that can be completed by participants using various modes, including walking, biking, or active transportation. In addition to traffic safety education, it may include local history, public art, culturally significant sites, and popular destinations, and will also be available in English, Spanish, and Vietnamese.

Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.

Pedestrian/Bicycle Safety Items - Cost may include reflective arm and leg bands, tape, zipper pulls, bicycle headlights/taillights, and reflectors to be distributed at no cost during bicycle rodeos, presentations, workshops, trainings, and community events to increase safety and visibility. Additional items may be purchased if approved by OTS.

EQUIPMENT
-

OTHER DIRECT COSTS
-

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PS24039
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

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

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

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective par ticipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance w as placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, pers on, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its prin cipals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall projec t contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because o f any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Mes saging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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AGREEMENT TO PROVIDE BICYCLE AND

PEDESTRIAN SAFETY OUTREACH SERVICES
THIS AGREEMENT is made and entered into this 19th day of December, 2023, by and between Charitable Ventures of Orange County, Inc., as fiscal sponsor for Santa Ana Active Streets ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").

RECITALS
A. The Santa Ana Public Works Agency has been awarded a $199,900.00 grant from the State of California Office of Traffic Safety (OTS) for a program to address bicycle and pedestrian safety through a series of bicycle safety education workshops and events. The goal of the program is to reduce the number of persons killed or injured in collisions involving bicycles.

B. The City desires to retain a consultant to provide such a program.

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

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

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

1. SCOPE OF SERVICES
Consultant shall provide bicycle and pedestrian safety education services that are described in Exhibit A to this Agreement and incorporated by reference as though fully set forth herein. Consultant may provide such services through the community-based coalition known as "Santa Ana Active Streets" (SAAS).

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, incorporated by reference as though fully set forth herein. The total sum to be expended under this Agreement shall not exceed $199,900.00.
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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor 1 EXHIBIT 2

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SIGNATURE PAGE TO AGREEMENT TO PROVIDE BICYCLE AND

PEDESTRIAN SAFETY OUTREACH SERVICES
fN 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�: _..::=;_ _____ �;.L-
J ATHANT.MART
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency
II

CITY OF SANT A ANA
THOMAS R. HATCH
Interim City Manager

CONSULTANT

TED KIM
Chief Qpera.ti�Officer
N��Y)Lt� (

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OTS 2023-24 Proposal Budget.xlsx
9/19/2023
Task # Task Item Quanty Unit Cost Total Cost
1a
Traffic Safety
Fair 2 $5,200 $10,400
1b Bici Basics 2 $6,900 $13,800
1c
Wrench and
Ride Program 2 $15,000 $30,000
1d
Skateboard
Educaon
Workshops 2 $16,400
1e
Bicyclist and
Pedestrian
Safety
Workshop 2 $8,000 $16,000
1f
Learn to Ride
Bike Class 3 $6,700 $20,100
1g LCI Seminar 1 $13,600 $13,600
2a Family Cycling 3 $5,600 $16,800
2b Luces Vivas 3 $5,200 $15,600
2c
Luces Vivas
Street Team 2 $6,800 $13,600
2d
Santa Ana Bike
and Walk
Guide(s) 1 $13,300 $13,300
Helmets 760 $15 $11,400
1 $8,900 $8,900
$199,900
Bike Safety Equip
$8,200

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Public Works Agency
www.santa-ana.org/public-works
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Neighborhood Safety Streetlights – Phase I

AGENDA TITLE
Award a Construction Contract to Elecnor Belco Electric, Inc. in the Amount of $676,386 for the ARPA Neighborhood Streetlights – Phase I project with an Estimated Project Delivery Cost of $845,483 (Project No. 22-1387) (Non-General Fund) (Revive Santa Ana)

RECOMMENDED ACTION

1. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $845,483 of funding in the American Rescue Plan Act funds for ARPA Neighborhood Streetlights – Phase I.

2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $676,386, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook:

Standard Specifications for Public Works Construction, for construction of the ARPA Neighborhood Streetlights – Phase I, for a term beginning December 19, 2023, and ending upon project completion, and authorize the City Manager to execute the contract subject to non-substantive changes approved by the City Manager and City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $845,483, which includes $676,386 for the construction contract; $101,458 for contract administration, inspection, and testing; and a $67,639 project contingency for unanticipated or unforeseen work.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-120 was filed for the project 22-1387.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency (PWA) was allocated American Rescue Plan Act (ARPA) funding to enhance pedestrian safety, accessibility, and mobility within qualified census tract areas. This project meets the intent of the funding source by enhancing street

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lighting in an under lit area providing a safer and welcoming environment for pedestrians and motorists. Once the street lighting improvements are completed, it will increase traffic safety for pedestrians and all road users. Scope of work includes the installation of new street light poles including the foundations, luminaire arm, Light Emitting Diode (LED) luminaire, wiring, and electrical meter pedestal in the French Park Neighborhood and on Willits Street from Fairview Street to Nottingham Avenue (Exhibit 1).

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 52 regional vendors via PlanetBids, many of which are Santa Ana based. A total of four bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 21 and 28, 2023. The project was also advertised in PlanetBids from September 20 through October 12, 2023. Bids were received electronically via PlanetBids on October 12, 2023. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 Elecnor Belco Electric, Inc. Chino, CA $ 676,386
2 Comet Electric, Inc. Chatsworth, CA $753,974
3 International Line Builders,
Inc. Corona, CA $843,941
4 PAR Western Line
Contractors
Rancho
Cucamonga, CA $1,487,119
A total of four bids were received and all were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive base bid in the amount of $676,386 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. (Exhibit 3).

Elecnor Belco Electric, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years most recently completing Main Street at 15th Street Traffic Signal Installation. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.

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Award Construction Contract to Elecnor Belco Electric, Inc.

December 19, 2023

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Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the labor requirements.

As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $845,483.

Project Item Total
Construction Contract Bid Amount $676,386
Construction Administration, Inspection, Testing $101,458 Contract Contingencies $67,639

TOTAL ESTIMATED CONSTRUCTION DELIVERY
COST $845,483

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-120 was filed for the project 22-1387.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1387) is $845,483, which includes construction, contract administration, inspection, testing, and authorized contingencies of $284,899. All funds are available for expenditure in Fiscal Year 2023-24, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25.

The proposed contract enables Staff to authorize a construction cost increase of up to 25% if necessary for contingencies. Staff expect to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then Staff will return to City Council with a project update and recommendations
The following table summarizes the funds budgeted for expenditure to deliver construction of this project:

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Award Construction Contract to Elecnor Belco Electric, Inc.

December 19, 2023

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

Description
Amount

EXISTING BUDGET
2023-
24 18117013–
66220
(22-1387)
American
Rescue Plan
Act (ARPA)

ARPA - PWA,
Improvements Other
Than Building
$845,483
TOTAL $845,843

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. FY 2023-24 Capital Improvement Program Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

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PWASANTA ANAPUBLIC WORKS AGENCYProject No. 22-1387:ARPA Neighborhood Streetlights - Phase 1 Exhibit 1

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CITY OF SANTA ANA

CONSTRUCTION CONTRACT
rev. 08/01/2023 Page 1 of 4
PROJECT 22-1387
ARPA NEIGHBORHOOD STREETLIGHTS – PHASE I
This CONSTRUCTION CONTRACT is made and entered into this 19 th day of December, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Elecnor Belco Electric, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the ARPA Neighborhood Streetlights – Phase I Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
 Notice Inviting Bids
 Information to Bidders
 Bid Proposal
 Bid Bond
 Contract Form
 Contract Bonds
 General Provisions
 Special Provisions
 Technical Provisions and Project Plans
 Community Workforce Agreement
 Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Six Hundred and Seventy Six Thousand Three Hundred and Eighty Six Dollars and Zero Cents ($676,386.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any EXHIBIT 3

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class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “ A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf

7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;

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(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

11. FEDERAL PROVISIONS.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in tis Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

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Pa ge 4 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

ATTEST: CITY OF SANTA ANA
JENNIFER L. HALL THOMAS HATCH
City Clerk Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney Elecnor Belco Electric, Inc.

By:

JOSE MONTOYA NAME:

Assistant City Attorney TITLE:

RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency

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BID PROPOSAL

CITY OF SANT A ANA

PROPOSAL
PROJECT NO.: 22-1387

ARPA NEIGHBORHOOD STREETLIGHTS- PHASE I
TO: CITY COUNCIL OF THE CITY OF SANTA ANA
FROM: Elecnor Belco Electric, Inc.

REQUIREMENT:

The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule:

Item Description Qty Unit Unit Price Amount
1 Install Street Light Pole 35 EA $ $
,;-rso 270/ca30
2 Install Electrical Meter Pedestal 4 EA $ $
\0/ l�4 L\0/50�
3 *Install 3#8 A WG Conductor 5200 LF $ $
Wires 1-�� o<o,22-O
4 *Install 2" PVC Conduit 5000 LF $ $
so 2-so ... cco
5 *Install 3" PVC Conduit 60 LF $
60 $
½,BC:O
6 *Install No. 3 ½ Pull Box 6 EA $ $
(o7}6 ��2<c I
7 Install No. 5 Pull Box 4 EA $ $
s�i 3 ... SS2
8 *Remove and Replace Concrete 60 SF $ $
Pad ss 3,300
9 Pothole Street Light Pole Location 35 EA $ $
92i 02/Y<co
10 Pothole Utilities Not Shown On 5 EA $92B $
Plan l.j,�t.\O
11 Install #6-6 Aluminum Duplex 400 LF $ $
Overhead Cable l<o 7,.200
12 Remove Street Light Pole 1 EA $
2,soc
$
2/600
13 CCTV Inspection of Existing 1 LS $ $
Sewer Main and Laterals (Pre and 8,Soo 8)5CXOPost Construction) 14 Construction Permit 1 LS $6,000 $6,000
P-1 of P-26

EXHIBIT A

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EXHIBIT B

FEDERAL CONTRACT PROVISIONS
During the performance of this Construction Contract, CONTRACTOR shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit “A”.

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 – CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience . The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) – Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows:
(i) 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, b ut not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) The CONTRACTOR will, in all solicitations or advertisements for employee s 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.
(iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information.

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(iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(v) 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. (vi) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain co mpliance with such rules, regulations, and orders.
(vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction 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. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 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:

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

The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such go vernment which does not participate in work on or under the Construction Contract.

The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcont ractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the

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

The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; an d refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Copeland “An ti-Kickback” Act: Not applicable to this Construction Contract since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such labore r or mechanic receives compensation at a rate not less than one and one -half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and g uards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.
(iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Lab or withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is

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held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.
(iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these cl auses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.
(f) Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:

Not applicable to this Construction Contract.
(g) Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:
(i) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Wate r Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all

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subcontractors perfor ming work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. (i) Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an e mployee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federa l award.

Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachm ent “1” and incorporated herein by this reference.
(j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes ener gy and resource recovery; and establishing an affirmative procurement.
(ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:
(i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any syste m funded under this Construction Contract. As described in Public Law 115 –232, section 889, covered

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telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Inves tigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) CONTRACTOR shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the app lication of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS

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

CONTRACTOR agrees to provide the CITY, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the CONTRACTOR which are directly pertinent to t his Construction Contract for the purposes of conducting audits or other investigations. Records shall be maintained by CONTRACTOR for a period of five (5) years after completion of the project.

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(b) Compliance with Federal Regulations. CONTRACTOR agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. CONTRACTOR also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby inco rporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21.
(vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.
(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

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

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(v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements. CONTRACTOR understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, CONTRACTOR may not discharge, demote, or otherwise discriminate against an employee in repr isal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
(ii) The list of pers ons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress; (2) An Inspector General;
(3) The Government Accountability Office;
(4) A Treasury employee responsible for contract or gran t oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of CONTRACTOR, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), CONTRACTOR is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same
(g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), CONTRACTOR should encourage its employees and subcontractors to adopt and

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enforce policies that ban text messaging while driving, and CONTRACTOR should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) CONTRACTOR ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national orig in (42 U.S.C. § 2000d et seq. ), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) CONTRACTOR acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. CONTRACTOR understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, CONTRACTOR shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. CONTRACTOR understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) CONTRACTOR agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.
(iv) CONTRACTOR acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon CONTRACTOR and CONTRACTOR’s successors, transferees and assignees for the period in which such assistance is provided.
(v) CONTRACTOR agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the CONTRACTOR and the CONTRACTOR’s subcontractors, successors, transferees and assignees:

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

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implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). (vi) CONTRACTOR understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the CONTRACTOR, or in the case of a subsequent transfer, the transferee, for the period during which the real proper ty or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the CONTRACTOR for the period during which it retains ownership or possession of the property.
(vii) CONTRACTOR shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. CONTRACTOR shall comply with information requests, on -site compliance reviews, and reporting requirements.
(viii) CONTRACTOR shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. CONTRACTOR must also inform the Department of the Treasury if CONTRACTOR has received no complaints under Title VI.
(ix) CONTRACTOR must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non -compliance, including any voluntary compliance or other agreements between the CONTRACTOR and the administr ative agency that made the finding. If the CONTRACTOR settles a case or matter alleging such discrimination, CONTRACTOR must provide documentation of the settlement. If CONTRACTOR has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If CONTRACTOR makes sub -awards to other agencies or other entities, CONTRACTOR is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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EXHIBIT 4
Construction Contract 676,386.00 $
Contract Administration, Inspection and Testing 101,458.00$ Contingencies 67,639.00 $
TOTAL ESTIMATED CONSTRUCTION COSTS 845,483.00$
CONSTRUCTION OF PROJECT NO. 22-1387: ARPA Neighborhood Streelights - Phase 1

COST ANALYSIS

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EXHIBIT 5

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Public Works Agency
www.santa-ana.org/public-works
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 19, 2023
TOPIC: Pedestrian and Mobility Improvements Phase II

AGENDA TITLE
Award a Construction Contract to Elecnor Belco Electric, Inc. in the Amount of $2,288,087 for the Pedestrian and Mobility Improvements Phase II with an Estimated Project Delivery Cost of $2,860,109 (Project No. 22-1406) (Non-General Fund) (Revive Santa Ana)

RECOMMENDED ACTION

1. Authorize budget reallocation of $161,817 in unspent American Rescue Plan Act account from the Pedestrian and Mobility Improvement Phase I (No. 22-1405) Project, $143,475 in unspent American Rescue Plan Act account from the Pedestrian and Mobility Improvement Phase III (No. 22-1407) Project, and $154,517 in unspent American Rescue Plan Act account from the Neighborhood Streetlights Phase I (No. 22-1387) Project to construction funds for the Pedestrian and Mobility Improvement Phase II Project (No. 22-1406) to complete the project funding requirement.

2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,288,087, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Pedestrian and Mobility Improvements Phase II for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract, subject to non-substantive changes approved by the City Manager and the City Attorney.

3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,860,109, which includes $2,288,087 for the construction contract, $343,213 for contract administration, inspection, and testing, and a $288,809 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the FY 2023-24 Capital Improvement Program to include $2,400,300 in construction funding from the American Rescue Plan Act grant funds and $459,809 in construction funding from the American Rescue

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Plan Act approved in FY 2022-23 proposed budget for the Pedestrian and Mobility Improvements-Phase II.

5. Determine, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-5 was filed for the project 22-1406.

GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Public Works Agency was allocated American Rescue Plan Act (ARPA) funding to enhance pedestrian traffic safety, accessibility, and mobility within qualified census tract areas. This project meets the intent of the funding source by constructing new wheelchair ramps, pedestrian hybrid beacons (PHBs), traffic signal, a traffic circle, a concrete median, and enhancing pedestrian crossings through the implementation of new signing and striping. Once these pedestrian and mobility improvements are completed, it will increase traffic safety for pedestrians and all road users.

The scope of work includes installation of a new traffic signal at the intersection of Fairview Street and Highland Avenue, installation of new PHB at the intersections of Flower Street and 3rd Street, and 5th Street and Susan Street, and a traffic circle at the intersection of Wilshire Avenue and Sycamore Street (Exhibit 1).

Public Outreach and Contractor Participation
To provide an opportunity for local vendors to submit bids, the City notified a total of 39 regional vendors via PlanetBids, many of which are Santa Ana based. A total of two bids were received. No bids were received from any Santa Ana contractors.

As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on September 29, 2023 and October 06, 2023. The project was also advertised in PlanetBids on September 19, 2023. Bids were received electronically via PlanetBids on October 17, 2023. No bid protest was submitted by any of the bidders during the bid protest period.

Bid Results Summary
Rank Bidder’s Name Location Base Bid
1 Elecnor Belco Electric, Inc. Chino, CA $2,288,087
2 Crosstown Electrical & Data,
Inc. Irwindale, CA $2,776,837
A total of two bids were received and both were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive base bid in the amount of $2,288,087 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the

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basis of the base bid. Based on the bid analysis and a contractor’s reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. in the amount of the base bid totaling $2,288,087 (Exhibit 3).

Elecnor Belco Electric, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years most recently completing Main Street at 15th Street Traffic Signal Installation. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects.

Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements.

As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,860,109.

Project Item Total
Construction Contract Bid Amount $2,288,087
Construction Administration, Inspection, Testing $ 343,213 Project Contingencies $ 228,809
TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 2,860,109

ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2023-5 was filed for the project 22-1406.

FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $2,860,109, which includes construction, contract administration, inspection and testing, and authorized contingencies of $572,022. Monies will be reallocated from Project No. 22-1406, 22-1407 and No. 22-1387 to fund this agreement. Project No. 22- 1406 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. All funds are available for expenditure in Fiscal Year 2023- 24, however any remaining balances not expended at the end of the fiscal year will be carried forward into FY 2024-25.

The proposed contract enables staff to authorize a construction cost increase of up to 25%, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are

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3 9
2 1
no other available appropriations, staff will return to City Council with a project update and recommendations.

The following table summarizes the funds budgeted for expenditure to deliver construction of this project:

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

Description
Amount

EXISTING BUDGET
2023-24
18117013-
66220
(22-1406)
American
Rescue Plan
Act (ARPA)
ARPA – PWA,
Improvements Other
Than Buildings
$2,400,300

BUDGET REALLOCATION
2022-23 18117013-
66220
(From 22-1405
to 22-1406)
American
Rescue Plan
Act (ARPA)
ARPA – PWA,
Improvements Other
Than Buildings
$161,817
2022-23
18117013-
66220
(From 22-1407
to 22-1406)
American
Rescue Plan
Act (ARPA)
ARPA – PWA,
Improvements Other
Than Buildings
$143,475
2022-23 18117013-
66220
(From 22-1387
to 22-1406)
American
Rescue Plan
Act (ARPA)
ARPA – PWA,
Improvements Other
Than Buildings
$154,517
Total $2,860,109

EXHIBIT(S)

1. Location Map

2. Bid Proposal

3. Construction Contract

4. Cost Analysis

5. CIP Project Sheet
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Tom Hatch, Interim City Manager

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4 12/19/2023

PWASANTA ANAPUBLIC WORKS AGENCYProject No. 22-1406:Pedestrian & Mobility Improvements phase II –ARPA I CSLFRF Exhibit 1

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5 12/19/2023

CITY OF SANT A ANA

PROPOSAL
PROJECT NO.: 22-1406
ADDENDUM NO. 1
PROJECT 22-1406

PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE II - ARPA I CSLFRF

BID PROPOSAL
TO: CITY COUNCIL OF THE CITY OF SANT A ANA
FROM: Elecnor Belco Electric, Inc.

REQUIREMENT:

The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule:

Item Description Qty Unit Unit Price Amount
1 Pedestrian Hybrid Beacon I LS $ $
Installation at Flower St and 3rd St �'o.,°'4{o Z�S,Cf� 2 Pedestrian Hybrid Beacon I LS $ $
Installation at Susan St and 5th St 2 \ 'e, ,000 2.lS,000 3 Traffic Signal Installation at I LS $ $
Fairview St and Highland St �z,,;�5 �o2.,')'-<S
4 Install Video Detection System at I EA $ $
Flower St and 3rd St Z\fo5'-< 'Z.l,'-5<-i
5 Install Video Detection System at 1 EA $ $
Susan St and 5th St 2-\,�5'-l 2-\,"",'1
6 Install Video Detection System at I EA $ $
Fairview St and Highland St 61 r 'flt, °67,9li
7 Install APS System at Flower St I LS $ $
and 3rd St lct,3°'2> lC\,�c:%
8 Install APS System at Susan St and I LS $ $
5th St te>,q,e \.D,q78
9 Install APS System at Fairview St I LS $ $
and Highland St 20,oiz.. z.o,6SZ..
10 Install GTT Opticom EVP System I LS $ $
at Fairview St & Highland St 1-Z., '-{ 2.Z.... l2,4ZZ-
11 Install 3" PVC Conduit per Plan 1560 LF $7S $\\1,(X:J) 12 Install 4" PVC Conduit per Plan 1500 LF $ 85 $\27,SOO 13 Install No. 5 Pull Box 4 EA $8'20 $3,520
14 Install No. 6 Pull Box 20 EA $ 9Zo $ l�,400
15 Install No. 6E Pull Box 8 EA $ I, I 'Z-S $ 'l,000
16 Install CCTV and IP l LS $ $
Communication Systems at 2- '-1,C,t;3 2-'-l.,Co':>3
Fairview St and Highland St
P-1 of P-28

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9 12/19/2023

CITY OF SANTA ANA

CONSTRUCTION CONTRACT
rev. 08/01/2023 Page 1 of 14
PROJECT 22-1406
PEDESTRIAN AND MOBILITY IMPROVEMENTS PHASE II – ARPA | CSLFRF This CONSTRUCTION CONTRACT is made and entered into this 19 th day of December, 2023 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “CITY”), and Elecnor Belco Electric, Inc. (hereinafter “CONTRACTOR”).

WITNESSETH:

The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows:

1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Pedestrian and Mobility Improvements Phase II – ARPA | CSLFRF Project (hereinafter referred to as the “WORK OF IMPROVEMENT”) identified in and in accordance with the Contract Documents prepared by the City’s Public Works Agency and approved by the City Council.

2. The complete Construction Contract consists of the “Contract Documents” as defined by the Standard Specifications for Public Works Construction and which include the following:
 Notice Inviting Bids
 Information to Bidders
 Bid Proposal
 Bid Bond
 Contract Form
 Contract Bonds
 General Provisions
 Special Provisions
 Technical Provisions and Project Plans
 Community Workforce Agreement
 Appendices
In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction.

3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Two Million Two Hundred Eighty Eight Thousand Eighty Seven Dollars and No Cents ($2,288,087.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit “A,” and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction.

The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any EXHIBIT 3

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class or portion of the work or to omit portions of the work as may be deemed necessary or advisable.

4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit “ A”) including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed.

5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law.

6. If applicable, the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City’s website at: http://www.santa-ana.org/pwa/documents/CWA.pdf

7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY.

8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price.

9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker’s Compensation Insurance as outlined in the General Provisions, to be approved by the CITY.

10. INDEMNIFICATION.

To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney’s fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier;

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(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement.
(vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR.

Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee.

11. FEDERAL PROVISIONS.

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Construction Contract. CONTRACTOR shall comply with all applicable federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act; c. Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit “B” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in tis Construction Contract. With respect to any conflict between such federal requirements and the terms of this Construction Contract and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written.

City Council
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12 12/19/2023

ATTEST: CITY OF SANTA ANA

JENNIFER L. HALL THOMAS HATCH
City Clerk Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONTRACTOR:

City Attorney Elecnor Belco Electric, Inc.

By:

JOSE MONTOYA NAME:

Assistant City Attorney TITLE:

RECOMMENDED FOR APPROVAL:

NABIL SABA, PE
Executive Director
Public Works Agency

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20 –
13 12/19/2023

EXHIBIT A

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14 12/19/2023

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15 12/19/2023

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16 12/19/2023

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17 12/19/2023

EXHIBIT B

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

1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
(a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.
(b) Appendix II to Part 200 (C) Equal Employment Opportunity: During the performance of this Construction Contract, CONTRACTOR agrees as follows:
(i) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(ii) 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.
(iii) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information.

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(iv) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) 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. (vi) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (vii) In the event of the CONTRACTOR's noncompliance with the nondiscrimination clauses of this Construction Contract or with any of the said rules, regulations, or orders, this Construction 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. (viii) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The 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: Provided, however, that in the event the CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the CITY so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Construction Contract. The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the CONTRACTOR and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the

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supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) Davis-Bacon Act: Not applicable to this Construction Contract since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) ti-Kickba Not applicable to this Construction Contract since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the CONTRACTOR, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is

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held by the CONTRACTOR, such sums as may be determined to be necessary to satisfy any liabilities of CONTRACTOR or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) Rights to Inventions Made Under a Contract or Agreement: Not applicable to this Construction Contract. (g) Appendix II to Part 200 (G) Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix II to Part 200 (H) Debarment and Suspension: (i) This Construction Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) CONTRACTOR warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. CONTRACTOR also agrees to verify that all

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subcontractors performing work under this Construction Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. CONTRACTOR further agrees to notify the CITY in writing immediately if CONTRACTOR or its subcontractors are not in compliance during the term of this Construction Contract. (i) Appendix II to Part 200 (I) Byrd Anti-Lobbying Act: CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. CONTRACTOR must sign and submit to the CITY the certification regarding lobbying attached hereto as Attachmreference. (j) Appendix II to Part 200 (J) §200.323 Procurement of Recovered Materials: (i) CONTRACTOR shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Construction Contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA-designate items, is https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The CONTRACTOR also agrees to comply with all other applicable requirements (k) Appendix II to Part 200 (K) §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) CONTRACTOR shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Construction Contract. As described in Public Law 115232, section 889, covered

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