Agenda packet — Santa Ana City Council, May 21, 2024 (part 4 of 7)

14 – 133 5/21/2024
Community Workforce Agreement 26 City of Santa Ana
Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work.

ARTICLE 12

SAFETY AND PROTECTION OF PERSON AND PROPERTY
Section 12.1 Safety

12.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with any safety rules contained herein or established by the City or the Contractor, whichever is most restrictive shall apply. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City.

12.1.2 Employees shall be bound by the safety, security and visitor rules established by the Contractor and/or the City. These rules will be published and posted. An employee’s failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge.

12.1.3 The Parties shall adopt the Substance Abuse Policy attached hereto as Attachment “E,” which shall be the policy and procedure utilized under this Agreement.

Section 12.2 Suspension of Work for Safety A Contractor may suspend all or a portion of the job to protect the life and safety of employees. In such cases, employees will be compensated only for the actual time worked; provided, however, that where the Contractor requests employees to remain at the site and be available for work, the employees will be compensated for stand-by time at their basic hourly rate of pay.

Section 12.3 Water and Sanitary Facilities The Contractor shall provide adequate supplies of drinking water and sanitary facilities for all employees as required by state law or regulation.

ARTICLE 13

TRAVEL AND SUBSISTENCE
Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements shall be paid in accordance with the applicable Master Labor Agreement unless superseded by the applicable prevailing wage determination.

ARTICLE 14

APPRENTICES
Section 14.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents City Council

Page 29 of 48 ends

14 – 134 5/21/2024
Community Workforce Agreement 27 City of Santa Ana
to commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation in such apprenticeship programs. The City and the Trades Council, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions.

Section 14.2 Use of Apprentices

14.2.1 Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft’s work force (calculated by hours worked) at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards (“DAS”), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project.

14.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers, the CWA Administrator will work with the Trades Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons.

14.2.3 The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeymen working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice’s progress through the program in which he is participating.

14.2.4 All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman’s qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker’s qualification as a journeyman to the Trades Council.

City Council

Page 30 of 48 ends

14 – 135 5/21/2024
Community Workforce Agreement 28 City of Santa Ana
ARTICLE 15

WORKING CONDITIONS
Section 15.1 Meal and Rest Periods There will be no non-working times established during working hours except as may be required by applicable state law or regulations. Meal periods and Rest periods shall be as provided for in Wage Order 16. Individual coffee containers will be permitted at the employees’ work location; however, there will be no organized coffee breaks.

Section 15.2 Work Rules The City, the CWA Administrator, and/or relevant Contractor shall establish such reasonable work rules as they deem appropriate and not inconsistent with this Agreement. These rules will be posted at the work sites by the Contractor and may be amended thereafter as necessary. Failure to observe these rules and regulations by employees may be grounds for discipline up to and including discharge.

Section 15.3 Emergency Use of Tools and Equipment There should be no restrictions on the emergency use of any tools by any qualified employee or supervisor, or on the use of any tools or equipment for the performance of work within the jurisdiction, provided the employee can safely use the tools and/or equipment involved and is compliance with applicable governmental rules and regulations.

Section 15.4 Access Restrictions for Cars Recognizing the nature of the work being conducted on the site, employee access by a private automobile may be limited to certain roads and/or parking areas.

ARTICLE 16

PRE-JOB CONFERENCES
Section 16.1 Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre-Job conference with the appropriate affected Union(s) prior to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre-Job conference. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre-Job conference in accordance with industry practice. Should there be any formal jurisdictional dispute raised under Article 8, the CWA Administrator shall be promptly notified. Primary Contractor shall have available at the Pre-Job conference the plans and drawing for the work to be performed on the Project. Should additional Project Work not previously included within the scope of the Project Work be added, the Contractors performing such work will conduct a separate pre-job for such newly included work.

ARTICLE 17

LABOR/MANAGEMENT COOPERATION
Section 17.1 Joint Committee The Parties to this Agreement may establish a six (6) person Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Trades Council to monitor City Council

Page 31 of 48 ends

14 – 136 5/21/2024
Community Workforce Agreement 29 City of Santa Ana
compliance with the terms and conditions of this Agreement and to recommend amendments to this Agreement, with the exception of the dollar threshold specified in Section 2.2(a) and the term of this Agreement under Section 22.1, when doing so would be to the mutual benefit of the Parties.

Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum will consist of at least two (2) representatives selected by the City and at least two (2) representatives selected by the Trades Council. For voting purposes, only an equal number of City and Union representatives present may constitute a voting quorum.

Section 17.2 Functions of Joint Committee The Committee shall meet on a schedule to be determined by the Committee or at the call of the joint chairs, to discuss the administration of the Agreement, the progress of the Project, general labor management problems that may arise, and any other matters consistent with this Agreement. Substantive grievances or disputes arising under Articles 7, 8 or 10 shall not be reviewed or discussed by this Committee, but shall be processed pursuant to the provisions of the appropriate Article. The CWA Administrator shall be responsible for the scheduling of the meetings, the preparation of the agenda topics for the meetings, with input from the Unions the Contractors and the City. Notice of the date, time and place of meetings, shall be given to the Committee members at least three (3) days prior to the meeting. The CWA Administrator shall prepare quarterly reports on apprentice utilization and the training and employment of City residents, and a schedule of Project Work and estimated number of craft workers needed. The Committee or an appropriate subcommittee, may review such reports and make any recommendations for improvement, if necessary, including increasing the availability of skilled trades, and the employment of local residents or other individuals who should be assisted with appropriate training to qualify for apprenticeship programs.

ARTICLE 18

SAVINGS AND SEPARABILITY
Section 18.1 Savings Clause It is not the intention of the City, the CWA Administrator, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement.

The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work.

Section 18.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid City Council

Page 32 of 48 ends

14 – 137 5/21/2024
Community Workforce Agreement 30 City of Santa Ana
specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and the fact on covered Project Work to the maximum extent legally possible.

ARTICLE 19
WAIVER
A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder.

ARTICLE 20

AMENDMENTS
The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto. In the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit, the provisions of this Agreement shall govern.

ARTICLE 21

DURATION OF THE AGREEMENT
Section 21.1 Duration

21.1.1 This Agreement shall be effective from the date signed by all Parties and shall remain in effect for a period of ten (10) years. Any covered Project Work awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project Work, notwithstanding the expiration date of this Agreement.

21.1.2 This Agreement may be extended by written mutual consent of the City, as directed by the City Council and the signatory Unions for such further periods as the Parties shall agree to.

Section 22.2 Turnover and Final Acceptance of Completed Work

22.2.1 Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction-tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City.

City Council

Page 33 of 48 ends

14 – 138 5/21/2024
Community Workforce Agreement 31 City of Santa Ana

22.2.2 Notice of each final acceptance received by the Contractor will be provided to the Trades Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a “punch” list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any “punch” list work, as well as any additional work required of a Contractor at the direction of the City pursuant to Section 22.2.1 above, involving otherwise turned-over and completed facilities which have been accepted by the City, will be available from the CWA Administrator.

IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated.

CITY OF SANTA ANA LOS ANGELES/ORANGE COUNTIES

BUILDING & CONSTRUCTION

TRADES COUNCIL
By: _____________________________ By: ________________________________ Kristine Ridge Chris Hannan
City Manager Executive Secretary
ATTEST:

By: ________________________________
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
______________________________
Jose Montoya
Assistant City Attorney
RECOMMENDED BY:
_______________________
Nabil Saba, P.E.

Executive Director Public Works
City Council

Page 34 of 48 ends

14 – 139 5/21/2024
Community Workforce Agreement 32 City of Santa Ana

LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION

TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS
Asbestos Heat & Frost Insulators (Local 5) __________________________________ Boilermakers (Local 92) __________________________________ Bricklayers & Allied Craftworkers (Local 4) __________________________________ Cement Masons (Local 500) __________________________________ District Council of Laborers __________________________________ Electricians (Local 441) __________________________________ Elevator Constructors (Local 18) __________________________________ Gunite Workers (Local 345) __________________________________ Iron Workers (Reinforced – Local 416) __________________________________ Iron Workers (Structural – Local 433) __________________________________ Laborers (Local 300) (remediation) __________________________________ Laborers (Local 652) __________________________________ Operating Engineers (Local 12) __________________________________ Operating Engineers (Local 12) __________________________________ Operating Engineers (Local 12) __________________________________ Painters & Allied Trades DC 36 __________________________________ Pipe Trades (Local 250) __________________________________ Pipe Trades (Local 345) __________________________________ Pipe Trades (Plumbers/Fitters Local 582) __________________________________ Pipe Trades (Sprinkler Fitters Local 709) __________________________________ Plasterers (Local 200) __________________________________ Plaster Tenders Local (1414) __________________________________ Roofers & Waterproofers (Local 220) __________________________________ Sheet Metal Workers (Local 105) __________________________________ Teamsters (Local 986) __________________________________ Southwest Mountain States
Regional Council of Carpenters _________________________________ City Council

Page 35 of 48 ends

14 – 140 5/21/2024
Community Workforce Agreement 33 City of Santa Ana
ATTACHMENT A – LETTER OF ASSENT
To be signed by all contractors awarded work covered by the City of Santa Ana Community Workforce Agreement prior to commencing work. [Contractor’s Letterhead]
CWA Administrator
City of Santa Ana
1234 address
City, state, zip code
Attn: __________________
Re: Community Workforce Agreement - Letter of Assent
Dear Sir:

This is to confirm that [name of company] agrees to be party to and bound by the City of Santa Ana Community Workforce Agreement effective June 6, 2023, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work.

Sincerely.
[Name of Construction Company]
By: [_____________________] Name and Title of Authorized Executive Contractor State License No.: ______________________________ [Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2.6 (b).]
City Council

Page 36 of 48 ends

14 – 141 5/21/2024
Community Workforce Agreement 34 City of Santa Ana

ATTACHMENT B

FIRST TIER ZIP CODES (CITY BOUNDARY)
*Some Zip Codes shared with neighboring cities
92701
92702
92703
92704
92705
92706
92707
92711
92712
92725
92735
92799
*92866
*92868
City Council

Page 37 of 48 ends

14 – 142 5/21/2024
Community Workforce Agreement 35 City of Santa Ana
ATTACHMENT B – Continued

SECOND TIER ZIP CODES

REMAINDER OF ORANGE COUNTY,
Zip
Code City
90620 Buena Park
90621 Buena Park
90622 Buena Park
90623 La Palma
90624 Buena Park
90630 Cypress
90631 La Habra
90632 La Habra
90633 La Habra
90680 Stanton
90720 Los Alamitos
90721 Los Alamitos
90740 Seal Beach
90742 Sunset Beach
90743 Surfside
92602 Irvine
92603 Irvine
92604 Irvine
92605 Huntington
Beach
92606 Irvine
92607 Laguna Niguel
92609 El Toro
92610 Foothill Ranch
92612 Irvine
92614 Irvine
92615 Huntington
Beach
92616 Irvine
92617 Irvine
92618 Irvine
92619 Irvine
92620 Irvine
92623 Irvine
92624 Capistrano
Beach
92625 Corona Del Mar
92626 Costa Mesa
92627 Costa Mesa
92628 Costa Mesa
92629 Dana Point
92630 Lake Forest
92637 Laguna Woods
92646 Huntington
Beach
92647 Huntington
Beach
92648 Huntington
Beach
92649 Huntington
Beach
92650 East Irvine
92651 Laguna Beach
92652 Laguna Beach
92653 Laguna Hills
92654 Laguna Hills
92655 Midway City
92656 Aliso Viejo
92657 Newport Coast
92658 Newport Beach
92659 Newport Beach
92660 Newport Beach
92661 Newport Beach
92662 Newport Beach
92663 Newport Beach
92672 San Clemente
92673 San Clemente
92674 San Clemente
92675 San Juan
Capistrano
92676 Silverado
92677 Laguna Niguel
92678 Trabuco
Canyon
92679 Trabuco
Canyon
City Council

Page 38 of 48 ends

14 – 143 5/21/2024
Community Workforce Agreement 36 City of Santa Ana
92683 Westminster
92684 Westminster
92685 Westminster
92688 Rancho Santa
Margarita
92690 Mission Viejo
92691 Mission Viejo
92692 Mission Viejo
92693 San Juan
Capistrano
92694 Ladera Ranch
92697 Irvine
92698 Aliso Viejo
92708 Fountain Valley
92709 Irvine
92710 Irvine
92728 Fountain Valley
92780 Tustin
92781 Tustin
92782 Tustin
92801 Anaheim
92802 Anaheim
92803 Anaheim
92804 Anaheim
92805 Anaheim
92806 Anaheim
92807 Anaheim
92808 Anaheim
92809 Anaheim
92811 Atwood
92812 Anaheim
92814 Anaheim
92815 Anaheim
92816 Anaheim
92817 Anaheim
92821 Brea
92822 Brea
92823 Brea
92825 Anaheim
92831 Fullerton
92832 Fullerton
92833 Fullerton
92834 Fullerton
92835 Fullerton
92836 Fullerton
92837 Fullerton
92838 Fullerton
92840 Garden Grove
92841 Garden Grove
92842 Garden Grove
92843 Garden Grove
92844 Garden Grove
92845 Garden Grove
92846 Garden Grove
92850 Anaheim
92856 Orange
92857 Orange
92859 Orange
92861 Villa Park
92862 Orange
92863 Orange
92864 Orange
92865 Orange
92866 Orange
92867 Orange
92868 Orange
92869 Orange
92870 Placentia
92871 Placentia
92885 Yorba Linda
92886 Yorba Linda
92887 Yorba Linda
92899 Anaheim
City Council

Page 39 of 48 ends

14 – 144 5/21/2024
Community Workforce Agreement 37 City of Santa Ana

ATTACHMENT C

CITY OF SANTA ANA

CRAFT REQUEST FORM
TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records.

The City of Santa Ana Community Workforce Agreement establishes a goal that 30% of the total work hours shall be:

First, from qualified workers residing in those in those U. S. Postal Service zip codes which overlap all of the City of Santa Ana, as set forth in Attachment B and veterans, regardless of where they reside (Tier 1); and, Second, qualified workers residing within Orange County and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside.

For Dispatch purposes, employees residing within either of these two (2) tiers, as well as Veterans and individuals who have successfully completed the Building Trades Multi-Craft Core Curriculum Pre-Apprenticeship Program, regardless of where they reside, shall be referred to as Local Residents.

TO THE UNION: Please complete the “Union Use Only” section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records.

CONTRACTOR USE ONLY
To: Union Local # Fax# ( ) Date:

Cc: CWA Administrator
From: Company: Issued By:

Contact Phone :( ) Contact Fax: ( )
PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS.

Craft Classification
( i.e., plumber, painter,
etc.)
Journeyman
or
Apprentice
Local Resident,
Veteran
or
General Dispatch
Number
of
workers
needed
Report Date Report Time
TOTAL WORKERS REQUESTED = ______________
Please have worker(s) report to the following work address indicated below:

Project Name: _______________________ Site: _____________________ Address: ________________________ Report to: _______________________ On-site Tel: __________________ On-site Fax: ___________________ Comment or Special Instructions: ________________________________________________ City Council

Page 40 of 48 ends

14 – 145 5/21/2024
Community Workforce Agreement 38 City of Santa Ana

UNION USE ONLY

WORKER REFERRED
Date dispatch request received:

Dispatch received by:

Classification of worker requested:

Classification of worker dispatched:

Name:

Date worker was dispatched:

Is the worker referred a: (check all that apply)
JOURNEYMAN Yes _____ No _____
APPRENTICE Yes _____ No _____
LOCAL RESIDENT Yes _____ No _____
VETERAN Yes _____ No _____
GENERAL DISPATCH FROM OUT OF WORK LIST Yes _____ No _____ City Council

Page 41 of 48 ends

14 – 146 5/21/2024
Community Workforce Agreement 39 City of Santa Ana

ATTACHMENT D
List of Neutral Arbitrators
Mark Burstein
Fred Horowitz
Najeeb Khoury
City Council

Page 42 of 48 ends

14 – 147 5/21/2024
Community Workforce Agreement 40 City of Santa Ana
ATTACHMENT “E”

SUBSTANCE ABUSE POLICY
The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Contractors may require applicants or employees to undergo drug and alcohol testing.

1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Contractor’s job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement (“CWA”).

2. No Contractor may implement a drug testing program which does not conform in all respects to the provisions of this Policy.

3. No Contractor may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Contractor a violation of the CWA, and the Contractor may not implement any form of drug testing at such jobsite for the following six months.

4. An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project Work to be tested. With respect to individuals who become employed on the Project Work subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project.

5. The following procedure shall apply to all drug testing:
a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted City Council

Page 43 of 48 ends

14 – 148 5/21/2024
Community Workforce Agreement 41 City of Santa Ana
to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen.
b. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union.
c. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS).

Cutoff levels for both the initial test and confirmation test will be those established by the SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new testing procedures are approved, then these new regulations will be deemed as part of this existing agreement. Confirmed positive samples will be retained by the testing laboratory in secured longterm frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures. d. In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant’s or employee’s expense. In the event of conflicting test results the Contractor may require a third test.
e. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the Project Work. f. No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project Work shall again be subjected to drug testing with the following exceptions:

1. Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/herself or others may be tested pursuant to the procedures stated hereinabove.

2. The Contractor may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove.

3. The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable City Council

Page 44 of 48 ends

14 – 149 5/21/2024
Community Workforce Agreement 42 City of Santa Ana
cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (i.e., slurred speech, unusua1 lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union’s bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll.
g. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union’s Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees.

6. The employers will be allowed to conduct periodic job site drug testing on the Project under the following conditions:
a. The entire jobsite must be tested, including any employee or subcontractor’s employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project;
c. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees;
d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove.
e. Only two periodic tests may be performed in a twelve month period.

7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite.

8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA.

9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the City Council

Page 45 of 48 ends

14 – 150 5/21/2024
Community Workforce Agreement 43 City of Santa Ana
parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision.

10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee’s expense. When such program has been successfully completed the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists he/she shall be reinstated.

11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion.

12. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder.

13. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Contractor rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness.

14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the parties.

City Council

Page 46 of 48 ends

14 – 151 5/21/2024
Community Workforce Agreement 44 City of Santa Ana

DRUG ABUSE PREVENTION AND DETECTION

APPENDIX A

CUTOFF LEVELS

SCREENING SCREENING CONFIRMATION CONFIRMATION
DRUG METHOD LEVEL ** METHOD LEVEL
Alcohol EMIT 0.02% CG/MS 0.02%
Amphetamines EMIT 1000 ng/m* CG/MS 500 ng/ml*
Barbiturates EMIT 300 ng/ml CG/MS 200 ng/ml
Benzodiazepines EMIT 300 ng/ml CG/MS 300 ng/ml
Cocaine EMIT 300 ng/ml* CG/MS 150 ng/ml*
Methadone EMIT 300 ng/ml CG/MS 100 ng/ml
Methaqualone EMIT 300 ng/ml CG/MS 300 ng/ml
Opiates EMIT 2000 ng/ml* CG/MS 2000 ng/ml*
PCP (Phencyclidine) EMIT 25 ng/ml* CG/MS 25 ng/ml*
THC (Marijuana) EMIT 50 ng/ml* CG/MS 15 ng/ml*
Propoxyphene EMIT 300 ng/ml CG/MS 100 ng/ml
* SAMHSA specified threshold
** A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level.

EMIT - Enzyme Immunoassay
CC/MS - Gas Chromatography/Mass Spectrometry
City Council

Page 47 of 48 ends

14 – 152 5/21/2024
Community Workforce Agreement 45 City of Santa Ana

SIDE LETTER OF AGREEMENT

TESTING POLICY FOR DRUG ABUSE
It is hereby agreed between the parties hereto that an Contractor who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a “quick” drug screening test. This “quick” screen test shall consist either of the “ICUP” urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two “quick” screen tests, or to reject both and request a full drug test.

An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the “quick” screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the “quick” screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related to the “quick” screen test.

City Council

Page 48 of 48 ends

14 – 153 5/21/2024

MAYOR PRO TEM
Jessie Lopez

COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez CITY OF SANTA ANA

FINANCE AND MANAGEMENT SERVICES
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org

CITY MANAGER
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
Jennifer L. Hall
ADDENDUM 3: QUESTIONS AND ANSWERS (SET 2)
REQUEST FOR PROPOSALS (RFP) NO. 23-099A

DIGITAL MARQUEE INSTALLATION SERVICES
August 22, 2023
Notice is hereby given to Bidders that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED.

A. In the RFP Document, Section XI. Minimum Scope and Limit of Insurance is replaced with the following:

The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City.

Additionally, Contractor shall provide the following insurance coverage:

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

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

City Council

Page 1 of 5 ends

14 – 154 5/21/2024
David Penaloza
Ward 6
[email protected]

Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’sprofession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000aggregate.

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

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

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

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

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

Waiver of Subrogation
Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision City Council

Page 2 of 5 ends

14 – 155 5/21/2024
Valerie Amezcua
Mayor
[email protected]
David Penaloza
Ward 6
[email protected]

SANTA ANA CITY COUNCIL
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

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

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

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

1. 2.

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

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

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

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

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

City Council

Page 3 of 5 ends

14 – 156 5/21/2024
Valerie Amezcua
Mayor
vamezcua@santa-ana.

David Penaloza
Ward 6
org [email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]

SANTA ANA CITY COUNCIL
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

B. CLARIFICATIONS AND ANSWERS TO QUESTIONS ASKED PRIOR TO THE DEADLINE ARE AS FOLLOWS:

1. Q: If the City will accept a C-45 license, will you wave the insurance requirement for professional liability insurance as specialty trades such as C-45’s do not carry nor do they have that insurance available for them.

A: Please see section A. of this document for the revised Minimum Scope and Limit of Insurance section, removing the Professional Liability insurance requirement.

2. Q: Considering there are no designs provided in the RFP, each bidder will need to design specific designs for each location. Assuming the answer to #3 above is, the City of Santa Ana expects additional graphic elements on each display unique to each park or neighborhood: a) Does the City of Santa Ana acknowledge each design will be unique and holds a Copy Right by the submitting bidder? b)The Copy Right does not transfer to the City of Santa Ana unless the bidder is awarded the project and the project is bidder is paid for the project? c)Does the City of Santa Ana understand the financial penalty for Copy Right infringement? d)Will the City of Santa Ana protect the Copy Right of each of the designs submitted by each bidder by not having a competing bidder not view, bid, reproduce or create a display that is similar to the copy right design? A: The City will acknowledge copyright protection to those designs qualifying for such under Federal copyright law. However, should any copyrightable design be selected and used by the City pursuant to a written agreement for services, the design will be considered a “work made for hire”, meaning that the City will be the copyright owner. All designs submitted as part of a bid proposal may be subject to disclosure under the California Public Records Act and any applicable exemptions thereto.

3. Q: We are a certified DVBE and HUBzone sign company, do you need a DVBE for this bid ?
A: No, DVBE is not a requirement of this RFP.

4. 2)
Q: Considering, 1) we are a specialty contractor located outside of Orange County, our qualified lead installers do not live in the zip codes provided, 3) there is no union trade covering sign installation, 4) most of the work performed will be City Council

Page 4 of 5 ends

14 – 157 5/21/2024

SANTA ANA CITY COUNCIL
Valerie Amezcua
Mayor
[email protected]
Jessie Lopez
Mayor Pro Tem, Ward 3
[email protected]
Thai Viet Phan
Ward 1
[email protected]
Benjamin Vazquez
Ward 2
[email protected]
Phil Bacerra
Ward 4
[email protected]
Johnathan Ryan Hernandez
Ward 5
[email protected]
David Penaloza
Ward 6
[email protected]
manufactured offsite, 5) most sites will require 2 to 3 days of onsite work -- can we be exempt from the Community Work Force Agreement?
A: Please see Addendum #1, Exhibit V, Community Workforce Agreement (CWA) and refer to Article 2 found therein. Since this work falls under the Scope of the Agreement, no proposers are exempt, except those subject to any applicable Exclusions as defined in the CWA.

City Council

Page 5 of 5 ends

14 – 158 5/21/2024

MAYOR PRO TEM
Jessie Lopez

COUNCILMEMBERS
Phil Bacerra
Johnathan Ryan Hernandez
David Penaloza
Thai Viet Phan
Benjamin Vazquez CITY OF SANTA ANA

FINANCE AND MANAGEMENT SERVICES
20 Civic Center Plaza ● P.O. Box 1988
Santa Ana, California 92702
www.santa-ana.org

CITY MANAGER
Kristine Ridge

CITY ATTORNEY
Sonia R. Carvalho

CLERK OF THE COUNCIL
Jennifer L. Hall
ADDENDUM 4: TIMELINE EXTENSION AND REVISIONS
REQUEST FOR PROPOSAL (RFP) NO. 23-099A

DIGITAL MARQUEE INSTALLATION SERVICES
August 31, 2023
Notice is hereby given to Proposers that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED.

A. The deadline to submit proposals is changed to Friday, September 8th, 2023 at 4:00 PM (PDT).

REVISIONS
B. Section XIV. GENERAL TERMS AND CONDITIONS of the RFP Document is revised to include the following:

DD. FEDERAL CONTRACT PROVISIONS (ARPA)
The ARPA Federal Contract Provisions are incorporated by reference in the Construction Contract. A copy of the Provisions may be found in EXHIBIT VI.

C. EXHIBIT VI - FEDERAL CONTRACT PROVISIONS (ARPA) is attached hereto for proposers’ reference.

Sincerely,
Jacques Lam, Buyer
Purchasing Division
City Council

Page 1 of 12 ends

14 – 159 5/21/2024

EXHIBIT VI

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

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

City Council

Page 2 of 12 ends

14 – 160 5/21/2024
City Council

Page 3 of 12 ends

14 – 161 5/21/2024
City Council

Page 4 of 12 ends

14 – 162 5/21/2024
City Council

Page 5 of 12 ends

14 – 163 5/21/2024
City Council

Page 6 of 12 ends

14 – 164 5/21/2024
City Council

Page 7 of 12 ends

14 – 165 5/21/2024
City Council

Page 8 of 12 ends

14 – 166 5/21/2024
City Council

Page 9 of 12 ends

14 – 167 5/21/2024
City Council

Page 10 of 12 ends

14 – 168 5/21/2024
City Council

Page 11 of 12 ends

14 – 169 5/21/2024
City Council

Page 12 of 12 ends

14 – 170 5/21/2024
City Council 14 – 171 5/21/2024
Table of Contents
Services Provided......................................................................................................................................1-2 Agreement Statement ...............................................................................................................................3 Firm and Team Experience .......................................................................................................................4-8 Proposed Work Plan ..........................................................................................................................9-15 City Council 14 – 172 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6
w w w . o u t d o o r d i m e n s i o n s . c o m
SIGNS – ELECTRICAL – BANNERS – MONUMENTS – CODE SIGNAGE Services Provided
The attached proposal from Outdoor Dimensions is for the RFP No 23-099A for Digital Marquee Installation Services for The City of Santa Ana. Our proposal consists of providing and managing the services of design, permitting, production and installation of Digital Marquee Signs at 6 separate locations.

Our team has reviewed Exhibit I – Scope of Services and are confident in our expertise to produce and deliver the scope of services.

1. Proposed Locations – Multiple site visits were made to each location by our team, including our electrician, production and installation team.

2. Source Digital Marquees (screens) – We have a close relationship with Daktronics and have used them on multiple jobs. We feel confident in their product and have used them in our bid for the screen.

3. Source Digital Marquee Structures – We have a warehouse in Anaheim that spans over 110,000 sf, where our team will construct and produce the structures. We always welcome any City of Santa Ana team member to be involved or visit the site during the project.

City Council 14 – 173 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 0 8 0 7 P : 7 1 4 - 57 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 © 2015 Outdoor Dimensions. All Rights Reserved.
w w w . o u t d o o r d i m e n s i o n s . c o m

4. Install Digital Marquees – We have an installation team and will be installing the monuments.

5. Maintenance – Our team will be providing maintenance for the structure.

Daktronics will be providing maintenance for the screen, and we will work with them to manage that.

6. Screen functionality, operation, and services – Our team will coordinate with Daktronics and the City of Santa Ana team to provide training and a smooth transition.

City Council 14 – 174 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6
w w w . o u t d o o r d i m e n s i o n s . c o m
SIGNS – ELECTRICAL – BANNERS – MONUMENTS – CODE SIGNAGE Agreement Statement
Outdoor Dimensions has reviewed the contract and agree with the terms laid out in the Exhibit II – Sample Agreement and Addendums.

Our team will design, produce, permit and install the monuments proposed to The City of Santa Ana. We have noted on Page 14 of the Addendum regarding Community Workforce Agreement that 30% of total work hours are to be performed by local residents. We also note on Page 15 that employees are not required to become or remain Union workers. We look forward to utilizing our employees to partner on this project and satisfy the Community Workforce Agreement.

City Council 14 – 175 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6
w w w . o u t d o o r d i m e n s i o n s . c o m
SIGNS BANNERS FLAGS INTERIOR DESIGN
Firm and Team Experience
i.

WHO IS OUTDOOR DIMENSIONS?
Founded in 1974, Outdoor Dimensions is a multifaceted signage and graphics company that has been in the signage business for more than 48 years. Outdoor Dimensions currently conducts business in an 110,000 square foot facility located at 5325 Hunter Ave., based in the city of Anaheim CA. In 2018, Outdoor Dimensions went from a Corporation to an LLC status. Outdoor Dimensions currently has 148 full-time employees, in which, 50 of those have been with the company over 15 years. We currently have (7)1-ton installation trucks, we have (1) 100' crane truck, (1) 45' bucket truck, (3) 5’x10’ cargo vans, (1) 6’x12’ cargo van, (1) 8’x15’ cargo van and (6) 1/2 ton pick-up trucks. We have a 12,000 square foot metal fabrication facility on-site, 3- Automobile sized-paint spray booths, sewing and a full screen printing department.

Our team manages the process from design, permitting, production and installation.

Outdoor Dimensions currently works with cities including: City of Irvine, City of Baldwin Park, City of Anaheim, City of Newport Beach, City of Perris, and City of Orange. We are a company that has years of experience and are committed to ensuring that we not only meet our clients expectations but go beyond those expectations.

This project will consist of 5 key staff members that will be assigned to perform the services. Our team can provide additional staff as needed.

Danielle Purcell - Account Executive
Victor Betancourt - Account Manager
Alexi Zellner - Vice President Production
Joey Hamlin – Vice President of Installation
Victor Loza – Pre-Production Operations Manager
City Council 14 – 176 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 0 8 0 7 P : 7 1 4 - 57 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 © 2015 Outdoor Dimensions. All Rights Reserved.
w w w . o u t d o o r d i m e n s i o n s . c o m
ii.

Outdoor Dimensions is in Anaheim with a warehouse that spans over 100,000 sf. iii.

Danielle Purcell – Account Executive
949-378-4367
[email protected]
Brian Pickler – President
[email protected]
iv.

Federal Funding
City Council 14 – 177 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 2 8 0 7 P : 7 1 4 - 5 7 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 C o n t r a c t o r ’ s L i c e n s e # 1 0 4 2 2 4 6
w w w . o u t d o o r d i m e n s i o n s . c o m
SIGNS – ELECTRICAL – BANNERS – MONUMENTS – CODE SIGNAGE Staffing Resources
DANIELLE PURCELL – PROJECT LIAISON (KEY)
Account Executive
During Danielle Purcell’s tenure with Outdoor Dimensions, she has built a solid reputation of exceeding client expectations from initial design all the way through the installation of projects. Danielle has a BS in Computer Science and Information Sciences.

Some of Danielle’s clients include:
 City of Perris
 City of Orange
 City of Newport Beach
 City of Long Beach
 Amazon
 Gap
Additional Liaisons:

JOEY HAMLIN – VICE PRESIDENT INSTALLATION (KEY)
Joey Hamlin is the V.P. of Installation with Outdoor Dimensions, LLC. He has been with the firm for 41 years.

Joey Hamlin has been with Outdoor Dimensions for 39 years. His current role is Vice President of Installation. Joey manages a team of 32 Customer Service Field Representatives and coordinates our daily/weekly installation schedules. He works closely with our team and customers to ensure installations are completed with accuracy and precision. Joey leads the team in the delivery of performance targets for safety, production, costs, and team development. He is an accomplished professional with demonstrated expertise in leadership and project coordination with a deep commitment to customer service.

ALEXI ZELLNER – VICE PRESIDENT PRODUCTION (KEY)
Alexi Zellner is the V.P. of Production with Outdoor Dimensions, LLC. He has been with the firm for 21 years.

Alexi Zellner has been with Outdoor Dimensions for 21 years. His current role is Vice President of Production where he manages 60+ employees. Alexi works closely with all departments to ensure product quality and accuracy. Alexi has a vast knowledge of City Council 14 – 178 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 0 8 0 7 P : 7 1 4 - 57 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 © 2015 Outdoor Dimensions. All Rights Reserved.
w w w . o u t d o o r d i m e n s i o n s . c o m
materials and methods. This makes him excellent at problem solving and creating original concepts. He has a diverse set of skills including welding, graphic design and quality control. As a true professional, Alexi is committed to driving continuous improvement through proactive thinking and teamwork.

VICTOR LOZA – PRE-PRODUCTION OPERATIONS MANAGER (KEY)
Victor Loza is the Pre-Production Operations Manager with Outdoor Dimensions, LLC.

He has been with the firm for 18 years.

MARIO LOPEZ – FABRICATED SIGNS PRODUCTION MANAGER (KEY) Mario Lopez is the Fabricated Signs Production Manager with Outdoor Dimensions, LLC.

He has been with the firm for 8 years.

Mario has been in the Sign industry for 20 years with expertise in metal fabrication, electrical, and paint. Mario is a City of LA Quality Control Inspector, Certified Welder, and UL Certified for Electrical Signage.

JOHNNY MARTINEZ – ELECTRICAL FOREMAN (KEY)
Johnny Martinez is a C45 Oversight Supervisor with Outdoor Dimensions, LLC. He has been with the firm for 9 years.

Johnny has been a licensed C-45 Contractor since 1999 and hase been in the sign industry since 1987. Previously, he owned an installation company named Sign Lights Plus for 18 years before he brought my license to Outdoor Dimensions. He has built and installed signs for companies such as Disney, Universal Studios, Kaiser, Hoag, Cedar Sanai, and many City projects and Multi-family projects over the years. From monuments to pylons to large LED digital reader board signs to scoreboards at baseball fields such as Dodger Stadium and several high schools. He is a certified Crane Operator, Electrician, Welder, Rigging expert and is certified to Instruct and train employees how to operate Boom lifts and forklifts. Johnny has completed OSHA 30 and is Certified in scaffolding and all types of swing stage equipment for erecting signs over the side of high-rise buildings. He has worked with the Contractor state licensing board and 5 other C-45 Contractors over the past four years to re-write all the questions on the exam to become a C-45 Contractor. Now, he is currently in charge of the installations in the field and goes from job site to job site making sure everything goes smoothly from start to finish.

AGUSTIN LUNA – LEAD INSTALLER/TECHNICAL INSPECTOR (KEY) He has been with the firm for 32 years, he is well versed in all aspects of signage installations.

SANTIAGO SERNA – LEAD INSTALLER (KEY)
City Council 14 – 179 5/21/2024
5 3 2 5 E a s t H u n t e r A v e n u e , A n a h e i m C A , 9 0 8 0 7 P : 7 1 4 - 57 8 - 9 5 5 5 F : 7 1 4 - 6 9 3 - 5 9 7 8 © 2015 Outdoor Dimensions. All Rights Reserved.
w w w . o u t d o o r d i m e n s i o n s . c o m
He has been with the firm for 29 years, his area of expertise is installing vinyl. From large concrete parking columns to vinyl wrapping an airstream he has perfected his trade.

LUIS CHOMINA – LEAD INSTALLER (KEY)
He has been with the firm for 26 years, his proven track record for success with little direct oversight has made him our main out of state lead installer.

ABRAHAM ARMENDARIZ – LEAD INSTALLER
He has been with the firm for 25 years, he specializes in carpentry which makes him our go to lead for sales office furniture installations.

ALBERTO SERRANO – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 24 years, he specializes in multifamily and ADA compliance signage.

FRANCISCO SANDOVAL – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 20 years, his expertise of multifamily installations and ability to mentor newer installers has made him a valuable asset to our team. Francisco has helped mold countless installers to become leads throughout his tenure at OD.

ROLANDO NAVAS – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 18 years, he specializes in multifamily and ADA compliance signage.

AUSTIN VEITH – LEAD INSTALLER (KEY)
He has been with the firm for 6 years, his commitment to great work and exceptional customer service has made him our lead installer for high priority Irvine Company projects.

JOHN CERVANTES – LEAD INSTALLER
He has been with the firm for 4 years, his reliability and ability to adapt has allowed him to quickly rise through the ranks and become a lead in less than 2 years.

MIGUEL SANCHEZ – LEAD MULTIFAMILY INSTALLER
He has been with the firm for 4 years, his expertise and attention to detail when it comes to multifamily installs have allowed him to become a lead in less than 2 years.

City Council 14 – 180 5/21/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
o u t d o o r d i m e n s i o n s . c o m

PROPOSED WORK PLAN
Outdoor Dimensions will follow the below work plan to ensure that the clients expectations are met in regards to providing a quality product that meets the City of Santa Ana approval and standards, meeting install time lines, keeping City of Santa Ana updated with status of jobs as much as necessary with email or verbal communication. Finally, and most importantly, keeping our install technicians safe while out in the field installing product. i. Our anticipated approach to performing the service requested is outlined below. 1) Pre-Design Site Surveys
a. Designs and pricing will be finalized per each location the specific needs and conditions of each location
2) Submittals, Samples, and Approvals
a. Collect relevant documentation needed to finalize designs b. Finalize designs and submit PDFs for approval from City of Santa Ana c. Once designs approved, product samples will be produced to show colors, materials, and other questionable conditions for approval 3) Engineering and Permitting
a. Approved designs to be developed into final production drawings City Council 14 – 181 5/21/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
o u t d o o r d i m e n s i o n s . c o m
b. Shop drawings will be reviewed and stamped by licensed engineer 4) Production
a. Outdoor Dimensions will produce these signs 100% in house to control the quality expectation of City of Santa Ana
i. Process will begin in metal fabrication department where fabricators will cut skins out of aluminum substrate
ii. After skins are cut to size fabricators will cut and weld 2” square aluminum tubing to create the frame/structure of each monument
iii. Once structure is complete the cut aluminum skins will be applied and be sanded to rid of any imperfections and seams
iv. Structure is then transferred to finish workshop where sign will be layered with coat of automotive grade primer, sanded once more to insure smooth surface, and finally layered with automotive grade paint (to drawing specs.) v. Simultaneously with the finish process the acrylic push through elements will be routed out of UL certified acrylic for illuminated copy affect.

City Council 14 – 182 5/21/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
o u t d o o r d i m e n s i o n s . c o m
vi. Once structure is completely dry it will be transferred to assembly department where electrical components will be assembled. vii. Final step in production will be layered anti-graffiti coat application. b. Representatives from City of Santa Ana are welcome to visit OD during the production process as desired
c. Completed signs will be inspected against approved shop drawings and samples by dedicated quality control inspection team
d. Proposed designs production timeline approximately 5-7 weeks to complete per location.
5) Quality review
a. Client is invited to inspect signage after production, but before installation b. Any quality issues found will be addressed before installation dates 6) Site Walk and Preparation (per job site)
a. Site safety plan to be worked out with City of Santa Ana construction team i. Will include lift safety plan and access plan for any overhead signage b. Final field conditional and measurements to be verified by Outdoor Dimensions City Council 14 – 183 5/21/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
o u t d o o r d i m e n s i o n s . c o m
7) Installation (per job site)
a. Deliver needed lifts or equipment to site within 2 days of installation, and to be removed in timely manner after installation complete
b. Monument installation:
i. Footing(s) will be dug prior to inspection taking roughly about 3-4 days. ii. Once footings are dug, the forms will be set pending inspection to pour concrete, roughly 2 days.
iii. After inspection is passed sign will be installed taking roughly 1-2 days. iv. Finally after sign is secured our team will install remaining design features including: brick veneer/rock and cast bronze plaques, roughly taking 3-4 days.
b. Digital Display Setup:
i. City of Santa Ana content managing team will require to meet with Daktronics Technician, location TBD, to run through short course on content management and uploading.

City Council 14 – 184 5/21/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
o u t d o o r d i m e n s i o n s . c o m
d. OD’s schedule assumes bulk of work is performed Monday – Friday during working hours (6:30 am – 6pm). If off hours or weekends required, additional charges will be estimated and approved before work is performed. ii. Schedule of delivery
Task Name
Duration in Business
Days Notes
Site Survey 5 Days To review all sites
Shop Drawings 5 Days
Engineering/Calcs 7 Days
Revisions 3 Days
Sign Placement
(Location Walk) 5 Days
Production &
Installation
8-10 weeks for 1st sign
7-8 week each
additional
Masonry rock or
stone onsite can be
an additional 3-5
days
Review
Sign-off 5 Days
iii. Suggestions or Special Concerns
During the design phase, Outdoor Dimensions will collaborate with the City of Santa Ana on the design and can suggest Value Engineering to the monuments.

City Council 14 – 185 5/21/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
o u t d o o r d i m e n s i o n s . c o m
iv. Description of Deliverables and implementation plan

1. Working Drawings – Detailed working drawings of each monument, including size, scale, image superimposed in site location, materials, and details of production. City of Santa Ana will have time to review and approve during the design process and prior to production.

2. Engineering Drawings – Engineering Drawings of each monument.

3. Permit Package – Permit package for each monument that our team will create and submit to the City. This will include, but not be limited to, Letter of Authorization, Permit Application and required information, Working & Engineering Drawings and Site Map.

4. Approved Permit Package from City – Copy of Approved and Signed Permit Package from the City.

5. Information on Warranty, Care and Maintenance
City Council 14 – 186 5/21/2024
5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved.
o u t d o o r d i m e n s i o n s . c o m

REFERENCES

CITY OF PERRIS
Bryant Hill, Director of Public Works
101 N. D Street
Perris, CA 92570
[email protected]
951-345-5676

CITY OF ORANGE
Nathan Bluhm, Senior Project/Landscape
Coordinator
300 E. Chapman Ave.

Orange, CA 92866
[email protected]
(714)532-6491

CITY OF NEWPORT BEACH
Gregory Haynes, Public Works Supervisor
100 Civic Center Drive
Newport Beach, CA 92660
[email protected]
(949) 644-3084

CITY OF IRVINE
Gregg Gipe, Project Administrator
1 Civic Center Plaza
Irvine, CA 92606
[email protected]
(949) 724- 7372
City Council 14 – 187 5/21/2024
City of Santa Ana
Marquee Locations

EUCLID ST

BRISTOL ST

SANTA ANA BLVD

EDINGER AV

BRISTOL ST

SUNFLOWER AV

WARNER AV

RED HILL AV

LA VETA AV

HARBOR BLVD HARBOR BLVD

RAITT ST

WASHINGTON AV

NEWHOPE ST

WARNER AV
1ST ST
1ST ST
1ST ST

TUSTIN AV

SEGERSTROM AV
17TH ST 17TH ST

FAIRVIEW
ST

FAIRVIEW ST

BRISTOL ST

MAIN ST MAIN ST

MAIN ST

FLOWER ST

CIVIC CENTER DR

SANTA CLARA AV

FAIRHAVEN AV

ALTON AV

GARDEN GROVE
BLVD

GRAND AV

GLASSELL ST

EDINGER AV

EDINGER AV
DYER
RD

WESTMINSTER AV

MC FADDEN AV

GRAND AV

DYER RD

FLOWER ST FLOWER ST

WARNER AV

MACARTHUR BLVD

BROADWAY BROADWAY BROADWAY
3 1
4 2
5 6
Santa Ana River
Santa Ana River
Centennial
Park (Alt.

Location)
Jerome Park
Delhi Park
Bowers Museum
(Alt. Location)
Carl
Thorton
Park
Santiago
Park (Alt.

Location)
Rosita Park
Santa Ana
Stadium
Proposed Marquee Location
Existing Marquee Location 0 ½ 1 ¼
Miles
City Council 14 – 188 5/21/2024
Park Marquees
Rosita
Centennial
Jerome
Bowers/Santiago
Delhi
Thornton
Memory Ln
Santa Clara
17th
Warner Ave
Segerstrom Ave
McFadden Ave
N e w h o p e A v e
M a i n S t
3,151
3,080
12,052
12,026
10,122
11,949
1 3 , 2 0 3
1 4 , 2 0 0
1 2 , 2 2 4
20th St
1 5 , 3 6 3
1 4 , 0 0 1
1 3 , 6 0 2 H a l l a d a y S t
M o h a w k D r
Hazard Ave
Edinger Ave
C e n t e r S t .
10,742
12,089
10,253
8,299
9,101
9,674
Marquee; rays indicate face direction
Numbers indicate average daily traffic volume
North
Option A
Option B
City Council 14 – 189 5/21/2024
CITY OF SANTA ANA FY 23/24CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

As part of the Revive Santa Ana pandemic recovery program funded by the American Rescue Plan Act (ARPA), this project, designated as Expansion of Critical Communications, will install digital marquees at five or six locations across the City to deliver important messages to our residents and other stakeholders about
government resources and assistance, health and safety
information, City events and programs, and other news and public services announcements that may benefit the community. These marquees will include the park name, the City logo, and an 8’x11’ digital sign.

PROJECT NEED:

During the pandemic, it became evident that many residents were not receiving vital communications from the City. By installing signs in strategically located places where residents frequently spend time and along high-traffic roadways, the City will improve its communication and public outreach. This project will create prominent communications platforms that will increase visibility of the important work the City does, and residents will learn to rely on these digital marquees for important information about their community and local government.

PROJECT TITLE:

Expand Communication Methods
PROJECT CATEGORY:

City & Park Facility Improvements
Park Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Construction Engineering Mike Ortiz, Senior Civil Engineer 25-Apr-2024 PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Construction 1,668,100 - - - - - -
Contingency 166,810 - - - - - -
Engineering 25,000 - - - - - -
TOTAL 1,859,910 - - - - - -
SOURCE OF FUNDS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 ARPA Funds 1,859,910 - - - - - -
TOTAL 1,859,910 - - - - - -

CITYWIDE
City Council 14 – 190 5/21/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Homeless Housing, Assistance and Prevention (HHAP) Program Regional Coordination

AGENDA TITLE
Memorandum of Understanding (MOU) between the County of Orange, Acting as the Eligible Applicant for the County of Orange and the Orange County Continuum of Care (CoC,) 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

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, for a term beginning June 1, 2024 through June 30, 2028 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The California Interagency Council on Homelessness (Cal ICH) recently provided guidance for applicants seeking HHAP Round 5 funding. This document requires a regional MOU that organizes and deploys the full array of homelessness programs and resources comprehensively and effectively outlines local efforts to increase regional coordination and clearly describes jurisdictional roles and responsibilities, joint coordination, and collaborative funding efforts to achieve greater alignment for HHAP jurisdictions receiving entities
In an effort to meet this requirement, staff from each of these jurisdictions worked together to draft an MOU for consideration by each government body. The MOU establishes a partnership on county-wide efforts to strengthen regional goals to address the needs of individuals and families experiencing homelessness as it relates to HHAP Round 5 funds. These goals will include working closely with the Orange County Continuum of Care and strengthening systemic efforts and processes to show a reduction in the number of persons experiencing homelessness or who become homeless annually, on a regional basis.

The County will be presenting this MOU (Exhibit 1) for approval to the Board of Supervisors on June 4th, following approval by the Continuum of Care Board on April City Council 15 – 1 5/21/2024
Homeless Housing, Assistance and Prevention (HHAP) Program Regional Coordination May 21, 2024

Page 2 ends

24, 2024. The City of Irvine received approval by their City Council to enter into an MOU for HHAP Round 5 in February 2024. The City of Anaheim plans to bring this item to its City Council on May 21, 2024.

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

EXHIBIT(S)

1. MOU HHAP Round 5
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, Acting City Manager
City Council 15 – 2 5/21/2024
Round HHAP-5 MOU Page 1 of 14

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE ORANGE COUNTY CONTINUUM OF CARE,

THE COUNTY OF ORANGE,

THE CITY OF ANAHEIM,

THE CITY OF IRVINE,

AND THE CITY OF SANTA ANA
FOR ROUND 5 OF THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM

COMMITMENT TO PARTNERSHIP AND PARTICIPATION IN A REGIONALLY COORDINATED HOMELESSNESS

ACTION PLAN
This Memorandum of Understanding (“MOU”) is entered into, by and between the County of Orange (County), acting as the Eligible Applicant for the County of Orange and the Orange County Continuum of Care (CoC); the City of Anaheim; the City of Irvine; and the City of Santa Ana. The Orange County Continuum of Care, County of Orange, City of Anaheim, City of Irvine, and City of Santa Ana may be referred to individually as “Party” and collectively as “Parties.”

RECITALS
WHEREAS, on September 29, 2023, the California Interagency Council on Homelessness (Cal ICH) announced the availability of the Homeless Housing, Assistance and Prevention (HHAP) Round 5 (HHAP5) grant funding.

WHEREAS, the general purpose of the Program is to create and implement a Regionally Coordinated Homelessness Action Plan that organizes and deploys the full array of homelessness programs and resources comprehensively and effectively.

WHEREAS, the Cal ICH Notice of Funding Availability (NOFA) identifies the Orange County CoC, the County of Orange, the City of Anaheim, the City of Irvine, and the City of Santa Ana as eligible applicants for the HHAP-5 grant funding. Cal ICH requires eligible applicants to apply jointly as part of a “region”. “Region” is further defined in the NOFA as the geographic area served by the county including all cities and CoCs within it.

WHEREAS, the HHAP-5 grant funding requires the submission of a Regionally Coordinated Homelessness Action Plan, amongst other documents, including this MOU.

WHEREAS, by entering into this MOU, the Parties intend to participate in and comply with the Regionally Coordinated Homelessness Action Plan and commit to uphold, participate in, and comply with the actions, roles, and responsibilities of each Party as described in the HHAP-5 Regionally Coordinated Homelessness Action Plan and summarized below.

NOW, THEREFORE, the Parties mutually agree as follows:

ARTICLE I
The Parties acknowledge and hereby commit to participate and comply with the actions, roles and responsibilities of the Regionally Coordinated Homelessness Action Plan, which is incorporated by reference herein and made as part of this MOU as Attachment I. The Parties agreement and commitments EXHIBIT 1
City Council 15 – 3 5/21/2024
Round HHAP-5 MOU Page 2 of 14
to the Regionally Coordinated Homelessness Action Plan are summarized below and shall constitute the entire MOU between the Parties.

1. The roles and responsibilities of each Party within the Orange County region, as specified in section 2.1 in Attachment I, for outreach and site coordination, siting and use of available public land, the development and of interim and permanent housing options, and coordinating, connecting, and delivering services to individuals experiencing homelessness or at risk of experiencing homelessness within the Orange County are summarized below:
a. Outreach and Site Coordination
i. The Orange County CoC will invest and expand outreach and coordination services for people experiencing unsheltered homelessness with the goal of connecting them to emergency shelter, housing, and/or other supportive services.
ii. The County will continue to fund regional care coordination services, which provides targeted street outreach and engagement strategies for individuals experiencing unsheltered homelessness and will continue to facilitate discussions on how to best improve coordination amongst the County, cities and communitybased organizations to strengthen regional capacity and collaboration in the delivery of services.
iii. The City of Anaheim will fund a new collaborative court outreach partner to bring relevant outreach services to the community.
iv. The City of Irvine will provide street outreach and connection to services for individuals experiencing or at risk of experiencing homelessness within their jurisdiction.
v. The City of Santa Ana will provide outreach and engagement services to individuals experiencing homelessness and will exit homeless individualsfrom the streets by linking persons to shelter and housing within their jurisdiction. b. Land Use and Development
i. The Orange County CoC has no direct role or responsibility as it relates to land use and development; however, the Orange County CoC will continue to work collaboratively to support the Parties in fulfilling their land use and development roles and responsibilities.
ii. The County will continue to identify available land and support development opportunities with the County jurisdiction and support the County’s Housing Funding Strategy, which prioritizes the development of permanent supportive housing and affordable housing for people experiencing homelessness. iii. The City of Anaheim will identify available areas and projects for development opportunities and build partnerships with third party developers that streamline or improve development projects and timelines.
iv. The City of Irvine will acquire land within the city limits for development of a 50- bed bridge housing facility.
v. The City of Santa Ana will assess available land in the city to determine how this land can be used to provide transitional and/or permanent housing to those who are housing insecure or literally homeless.
c. Development of Interim and Permanent Housing Options EXHIBIT 1
City Council 15 – 4 5/21/2024
Round HHAP-5 MOU Page 3 of 14
i. The Orange County CoC will continue to work collaboratively with the Parties to support them in the development of interim and permanent housing options and invest in services for people experiencing an at-risk of experiencing homelessness that provide interim and permanent housing options.
ii. The County will continue to invest in services for people experiencing or at-risk of experiencing homelessness that provide interim and permanent housing options. iii. The City of Anaheim will continue to work collaboratively with the Anaheim Housing Authority to maximize opportunities to increase the stock of affordable housing opportunities for persons exiting homeless, as appropriate; and increase focus on securing available grant funding for interim and permanent housing options.
iv. The City of Irvine will acquire land within the city limits for development of a 50- bed bridge housing facility.
v. The City of Santa Ana will continue to work closely with agencies that currently provide interim and permanent housing options to the homeless. These agencies include, but are not limited to, the Santa Ana Housing Authority and Housing Division, which offer vouchers for both tenant-based and project-based opportunities.

Coordination of and Connection to Service Delivery
vi. The Orange County CoC will continue to strengthen collaboration with Service Providers and stakeholders, including those with lived experience, transitional aged youth, and veterans and emphasize the utilization of the Homeless Management Information System and the expansion of the Coordinated Entry System to support coordination practices that improve the delivery of services. vii. The County will continue to invest in services for people experiencing or at-risk of experiencing homelessness, including regional street outreach and engagement coordination, homelessness diversion and prevention strategies and programming, interim and permanent housing solutions.
viii. The City of Anaheim will improve and expand on network of homeless services in the city and foster partnerships with other mainstream systems to increase availability of services available to people experiencing homelessness. ix. The City of Irvine will provide street outreach and connection to services that will include housing navigation, housing deposits, housing sustainability and tenancy services.
x. The City of Santa Ana will continue to work with service providers that deliver housing navigation services and resources to those who are housing insecure.

Furthermore, we will assess service gaps and barriers within existing programs to improve assistance for those experiencing homelessness or at risk of homelessness.

2. The Parties’ roles and responsibilities for Key Actions, as specified in Section 2.2 in Attachment I, to improve the system performance measures are described below:
a. Number of people accessing services who are experiencing homelessness. i. Parties will work to increase permanent housing solutions that assist people transitioning from homelessness into permanent housing.

EXHIBIT 1
City Council 15 – 5 5/21/2024
Round HHAP-5 MOU Page 4 of 14
ii. Parties will work to invest in homelessness diversion and prevention strategies. iii. Parties will work to emphasize utilization of Homeless Management information System across homelessness interventions, where applicable. b. Racial and ethnic disparities among those accessing services who are experiencing homelessness.
i. Parties will work to ensure that outreach materials and diversion strategies are inclusive, culturally sensitive and tailored to the unique needs and challenges faced by the Black, Indigenous, and People of Color (BIPOC) communities. ii. Parties will work to build staff capacity and provide additional training on antiracism, implicit bias, LGBTQ+ (lesbian, gay, bisexual, transgender, queer/questions and more) allyship, and cultural humility to work to prevent discrimination and bias.
iii. Parties will work towards developing a homelessness response system that reduces the growing number of individuals and families, who identify as BIPOC, and are experiencing homelessness.
iv. Parties will work to develop a plan for integrating diverse partners with lived experience into decision-making processes and ensure authentic engagement including compensation and support as needed.
c. Number of people experiencing unsheltered homelessness on a single night. i. Parties will work to continue to invest in street outreach and engagement strategies, including regional care coordination services and partnership with specialized outreach teams.
ii. Parties will work to continue to invest in the critical infrastructure of emergency shelters and their operations.
d. Racial and ethnic disparities among those experiencing unsheltered homelessness on a single night.
i. Parties will work to hire frontline staff who are representative of the community. ii. Parties will work to develop a community-wide system that is responsive to the unique circumstances and needs of those facing homelessness, rooted in racial and social justice, and free of bias and discrimination throughout outreach, assessment, prioritization, matching, and placement process. e. Number of people accessing services who are experiencing homelessness for the first time.
i. Parties will work to invest in homelessness diversion and prevention strategies and programming.
f. Racial and ethnic disparities in the number of people accessing services who are experiencing homelessness for the first time.
i. Parties will work to ensure that outreach materials and diversion strategies are inclusive, culturally sensitive, and tailored to the unique needs and challenges faced by the BIPOC community.
ii. Parties will work towards developing a homelessness response system that reduces the growing number of individuals & families, who identify as BIPOC, and are experiencing homelessness.
g. Number of people exiting homelessness into permanent housing.

EXHIBIT 1
City Council 15 – 6 5/21/2024
Round HHAP-5 MOU Page 5 of 14
i. Parties will work to continue to fund programming and solutions that assist individuals and families experiencing homelessness with becoming permanently and stably housed, including rapid rehousing programs for individuals and transitional aged youth.
h. Racial and ethnic disparities in the number of people exiting homelessness into permanent housing.
i. Parties will work to develop a community-wide system that is responsive to the unique circumstances and needs of those facing homelessness, rooted in racial and social justice, and free of bias and discrimination throughout outreach, assessment, prioritization, matching, and placement process. ii. Parties will work to support landlord engagement to mitigate gender, specifically those who identify as LGBTQ+ and racial bias and develop more affordable housing opportunities.
i. Average length of time that people experienced homelessness while accessing services. i. Parties will work to continue and expand Rapid Rehousing programs for individuals and transitional aged youth.
ii. Parties will work to improve upon current strategies to decrease average length of time that persons are enrolled in street outreach, emergency shelter, transitional housing and time prior to move-in for persons enrolled in RRH and permanent housing programs by ensuring the approach follows housing first and is client-centered.
j. Racial and ethnic disparities in the average length of time that people experienced homelessness while accessing services.
i. Parties will work with the Cal ICH Tribal Technical Assistance Team on strategies. ii. Parties will work to develop a community-wide system that is responsive to the unique circumstances and needs of those facing homelessness, rooted in racial and social justice, and free of bias and discrimination throughout outreach, assessment, prioritization, matching, and placement process. k. Percent of people who return to homelessness within six (6) months of exiting the homelessness response system to permanent housing.
i. Parties will work to focus on housing stabilization practices during program enrollment prior to program exit.
ii. Parties will work to assist participants in becoming reintegrated into their community so they may access support services as needed. l. Racial and ethnic disparities in the percent of people who return to homelessness within six (6) months of exiting the homelessness response system to permanent housing. i. Parties will work to ensure housing stability practices are inclusive, culturally sensitive, and tailored to the unique needs and challenges faced by the BIPOC community.
ii. Parties will work to build staff capacity and provide additional training on antiracism, implicit bias, LGBTQ+ allyship, and cultural humility to work to prevent discrimination and bias.
m. Number of people with successful placements from street outreach projects.

EXHIBIT 1
City Council 15 – 7 5/21/2024
Round HHAP-5 MOU Page 6 of 14
i. Parties will work to improve regional street outreach and engagement coordination, specifically for people with disabling conditions experiencing homelessness.
ii. Parties will work to provide technical assistance to ensure correct data collection practices by street outreach teams.
n. Racial and ethnic disparities in the number of people with successful placements from street outreach projects.
i. Parties will work to ensure that outreach materials and diversion strategies are inclusive, culturally sensitive, and tailored to the unique needs and challenges faced by the BIPOC community.

3. The Parties’ roles and responsibilities for Key Actions as specified in Section 2.3 in Attachment I to ensure racial and gender equity in service delivery, housing placements, housing retention, and any other means to affirm equitable access to housing and services for racial and ethnic groups overrepresented amount residents experiencing homelessness are detailed below:
a. Ensure racial and gender equity in service delivery. i. The Orange County CoC and County will work towards developing a homelessness response system that reduces the growing number of individuals and families, who identify as BIPOC, and are experiencing homelessness. ii. Parties will work to prioritize the use of qualitative data in strategic planning to address gender inequities.
b. Ensure racial and gender equity in housing placements. i. The Orange County CoC and County will work to develop a community-wide system that is responsive to the unique circumstances and needs of those facing homelessness, rooted in racial and social justice, and free of bias and discrimination throughout outreach, assessment, prioritization, matching, and placement processes.
ii. Parties will work to support landlord engagement to mitigate gender disparities, specifically those who identify as LGBTQ+, and racial bias and develop more affordable housing opportunities.
c. Ensure racial and gender equity in housing retention. i. Parties will work to ensure that outreach materials and diversion strategies are inclusive, culturally sensitive, and tailored to the unique needs and challenges faced by the BIPOC community.
ii. Parties will work to build staff capacity and provide additional training on antiracism, implicit bias, LGBTQ+ allyship, and cultural humility to work to prevent discrimination and bias.
d. Change procurement of other means to affirm equitable access to housing and services for overrepresented groups among people experiencing homelessness in the region. i. Parties will work to develop a plan for integrating diverse partners with lived experience of homelessness into decision-making processes and ensure authentic engagement including compensation and support, as needed.

4. The Parties’ roles and responsibilities for Key Actions, as specified in Section 2.4 in Attachment I, to reduce homelessness among individuals exiting institutional settings, including but not limited EXHIBIT 1
City Council 15 – 8 5/21/2024
Round HHAP-5 MOU Page 7 of 14
to jails, prisons, hospitals, and any other institutions such as foster care, behavioral health facilities, etc. as applicable in Orange County region and are summarized below:
a. Reduce the number of people experiencing homelessness upon exiting a jail. i. The Orange County CoC will work to engage key partners as part of the Coordinated Entry System to ensure that people experiencing homelessness have access to available permanent housing resources prior to exiting jail. ii. The County will work to continue to invest in OC CARES, a countywide initiative that links behavioral health, community corrections, healthcare, housing, and benefits and support services to provide full care coordination and services for justice-involved individuals to successful reenter society and work towards selfsufficiency. iii. The County will work to provide system-wide care coordination and services for justice-involved individuals and transitional aged youth to successfully reenter society through a focus on prevention and intervention. iv. The County will work to continue to support individuals exiting jail who are connected to the Care Plus Program which offers enhanced care coordination for individuals experiencing homeless in Orange County who are the most vulnerable and “high utilizers” touching multiple programs across the System of Care. v. The City of Anaheim will work to invest in building out Anaheim Collaborative Court – Evaluating Strategies & Solutions (ACCESS) program to ensure individuals experiencing homelessness in City and County jail system are given opportunity to engage in wellness and housing plans in lieu of incarceration. vi. The City of Irvine and the County will work to provide a system that offers a range of services under the CalAIM program including Housing Navigation; Housing Deposits and offering financial aid for securing housing; Housing Sustainability and Tenancy Services, focusing on long-term support for individuals already housed; and Day Habilitation Services for life skills development and Enhanced Care Management for a comprehensive approach to the care of complex members.
vii. The City of Santa Ana will work to continue the Jail Release Program that provides outreach and resources to individuals both upon entrance and exiting from the Santa Ana Jail.
b. Reduce the number of people experiencing homelessness upon exiting a prison. i. The Orange County CoC will work to engage key partners as part of the Coordinated Entry System to ensure that people experiencing homelessness have access to available permanent housing resources prior to exiting prison. ii. The County will work to continue to invest in OC CARES, a countywide initiative that links behavioral health, community corrections, healthcare, housing, and benefits and support services to provide full care coordination and services for justice-involved individuals to successful reenter society and work towards selfsufficiency. iii. The County will work to provide a system that offers a range of services under the CalAIM program including Housing Navigation; Housing Deposits and offering EXHIBIT 1
City Council 15 – 9 5/21/2024
Round HHAP-5 MOU Page 8 of 14
financial aid for securing housing; and Housing Sustainability and Tenancy Services, focusing on long-term support for individuals already housed. iv. The County will work to provide system-wide care coordination and services for justice-involved individuals and transitional aged youth to successfully reenter society through a focus on prevention and intervention. v. The City of Anaheim will work to invest in building out Anaheim Collaborative Court – Evaluating Strategies & Solutions (ACCESS) program to ensure individuals experiencing homelessness in City and County jail system are given opportunity to engage in wellness and housing plansto break cyclical returns to homelessness and jail.
vi. The City of Irvine will work to provide Short Term Post Hospitalization, Housing Navigation services, Housing Deposits, Housing Sustainability and Tenancy services, and Day Habilitation services.
c. Reduce the number of people experiencing homelessness upon exiting a hospital. i. The Orange County CoC will work to engage hospitals and key partners as part of the Coordinated Entry System to ensure that people experiencing homelessness have access to available permanent housing resources prior to exiting a hospital. ii. The County will work to foster partnerships with hospitals to reduce discharges into unsheltered homelessness and instead coordinating discharges into interim housing options, as well as working to obtain documentation of disabling condition as part of chronically homeless verification to support permanent placements through the Coordinated Entry System.
iii. The City of Anaheim will work to foster partnerships with Anaheim Fire Department, homeless outreach teams, and hospitals to reduce discharges into homelessness by increasing presence of outreach and social services team at hospital emergency rooms.
iv. The City of Santa Ana Police Department, along with Outreach and Engagement will continue to partner with local hospitals to provide training to address discharges.
d. Reduce the number of people experiencing homelessness upon exiting other institutional settings.
i. The County will continue to partner with the Orange County Housing Authority to fund Foster Youth to Independence Housing Choice Vouchers and Case Management/Independent Skills training and receive referrals from the OC Social Services Agency.
ii. The County will work to make referrals and linkages to appropriate residential treatment facilities for individuals who have severe and persistent mental illness and were experiencing homelessness.
iii. The County will work to provide a system that offers a range of services under the CalAIM program including Housing Deposits and offering financial aid for securing housing; Housing Navigation; and Housing Sustainability and Tenancy Services, focusing on long-term support for individuals already housed.

EXHIBIT 1
City Council 15 – 10 5/21/2024
Round HHAP-5 MOU Page 9 of 14
iv. The City of Irvine will work to support short term post hospitalization services and enhanced care management intended to provide whole-person approach to care while addressing non-clinical needs of complex members. v. The City of Santa Ana will continue to partner with the Santa Ana Housing Authority to fund Foster Youth to Independence Housing Choice Vouchers and Case Management/Independent Skills training.

5. The Parties’ roles and responsibilities for Key Actions, as specified in Section 2.5 in Attachment I, in the utilization of local, state, and federal funding programs to end homelessness are summarized below:
a. For local, state and federal funding sources, the Parties shall lead the utilization of local, state and federal funding for each of their respective jurisdictions.

6. The Parties’ roles and responsibilities for Key Actions as specified in Section 2.6 in Attachment I, to connect individuals to wrap-around services from all eligible federal, state, and local benefit programs are summarized below:
a. CalWORKs
i. The County’s Social Services Agency deploys their teams into the field, including shelters and community events, to complete application processes and award the benefit, and coordinates with street outreach teams and homeless service providers to support people experiencing unsheltered homelessness in connecting to CalWORKs.
ii. The City of Anaheim Workforce Development Division will work to increase referrals to Anaheim Jobs One-Stop Center which includes a CalWORKs liaison. b. CalFresh
i. The County’s Social Services Agency deploys their teams into the field, including shelters and community events, to complete application processes and award the benefit, and coordinates with street outreach teams and homeless service providers to support people experiencing unsheltered homelessness in connecting to CalWORKs.
c. Supplemental Security Income/State Supplemental Program (SSI/SSP) and disability benefits advocacy
i. The County’s Regional Care Coordination contracts have been implemented, providing comprehensive case management and disability benefit application assistance and advocacy. Contracts utilize Housing and Disability Advocacy Program funding, and staff are SSI/SSDI Outreach, Access, and Recovery (SOAR) trained.
d. In-Home Supportive Services
i. The County’s Social Services Agency works with contracted homeless service providers to connect program participants to services if eligible. ii. The City of Anaheim will work to increase partnerships with housing stability supportive services providers to promote housing retention and integration. e. Adult Protective Services
i. The Santa Ana Family Justice Center (SAFJC) is a partnership between the Santa Ana Police Department and 17 social services organizations to provide a “one stop EXHIBIT 1
City Council 15 – 11 5/21/2024
Round HHAP-5 MOU Page 10 of 14
shop” where survivors of domestic violence, sexual assault, child abuse, human trafficking and elder abuse can receive the assistance and support they need. ii. The County’s Social Service Agency operates the Home Safe program to prevent or address homelessness to support the safety and housing stability of individuals involved in Adult Protective Services.
iii. The City of Irvine and the County will work to support Adult Protective Services, which provide resource connection, and in limited situations, case management and housing support when they receive reports. APS responses vary depending on specific client situation and assistance to the client is voluntary. f. Child Welfare
i. The County’s Social Service Agency services designed to protect children from abuse and neglect and provides services to at risk families. The County’s Social Service Agency works with community partners work to strengthen and stabilize families to create an environment where children are free from abuse in permanent, nurturing homes.
ii. The Santa Ana Family Justice Center (SAFJC) is a partnership between the Santa Ana Police Department and 17 social services organizations to provide a “one stop shop” where survivors of domestic violence, sexual assault, child abuse, human trafficking and elder abuse can receive the assistance and support they need. SSA Children and Family Services Division works in conjunction with community partners to provide stabilizing resources for families and provides services that are designed to protect children from abuse and neglect. g. Childcare
i. The County’s Social Service Agency operates the CalWORKs program available to Welfare-to-Work participant or student with Child Care Services. This assistance is paid to a person or organization providing childcare and enables the program participant to accept employment or participate in educational activities. ii. The City of Irvine has a Child Care Coordination Office to support access to childcare and provides scholarships to income-eligible families through the Irvine Child Care Project.
h. Medi-Cal benefits through Managed Care Plans
i. The County’s Social Services Agency deploys their teams into the field, including shelters and community events, to complete application processes and award the benefit. Homeless service providers work with program participants to connect them to benefits and connections to CalAIM are made through the Coordinated Entry System to help people get all the community supports that may be helpful in securing housing.
ii. The City of Irvine will provide services through CalOptima Health under the CalAIM program and through an MOU and contract with the City of Irvine to connect clients to access and/or enroll in eligible benefit programs including Medi-Cal benefits.
iii. The City of Anaheim will utilize the newly formed, Managed Care Plan funded street medicine team to enroll unsheltered individuals for Medi-Cal benefits.

ARTICLE II
EXHIBIT 1
City Council 15 – 12 5/21/2024
Round HHAP-5 MOU Page 11 of 14
Term. This MOU shall become effective June 1, 2024, and shall terminate on June 30, 2028, unless extended in whole or in part by all Parties, as provided in this MOU.

ARTICLE III
Fiscal. There shall be no renumeration between the Parties related to the execution and implementation of the terms of this MOU.

ARTICLE IV
Changes to the MOU. This MOU may be amended, including amendments that incorporate future HHAP-5 requirements that may be requested by Cal ICH, by mutual written consent of the Parties, hereto. Said amendments shall become effective only when in writing and fully executed by duly authorized officers of the Parties hereto.

ARTICLE V
Authorized Signatories. The Parties to this MOU represents that the undersigned individuals executing this MOU on their respective behalf are fully authorized to do so by law or other appropriate instrument and to bind upon said Parties to the obligations set forth herein.

EXHIBIT 1
City Council 15 – 13 5/21/2024
Round HHAP-5 MOU Page 12 of 14
IN WITNESS WHEREOF, the parties hereto have executed this MOU as of the last date and year written below.

ORANGE COUNTY CONTINUUM OF CARE
By:______________________________
Tim Shaw
Chair
Orange County Continuum of Care
Dated:___________________________
By:______________________________
Douglas Becht
County of Orange, County Executive Office
Office of Care Coordination
Dated:___________________________
Approved As To Form
CEO Counsel
County of Orange, California
By:________________________________
Deputy
Dated:______________________________

COUNTY OF ORANGE
By:______________________________
Douglas Becht
County of Orange, County Executive Office
Office of Care Coordination
Dated:___________________________
Approved As To Form
CEO Counsel
County of Orange, California
By:________________________________
Deputy
Dated:______________________________
EXHIBIT 1
City Council 15 – 14 5/21/2024
Round HHAP-5 MOU Page 13 of 14

CITY OF ANAHEIM
ATTEST: CITY OF ANAHEIM
____________________________ ____________________________

THERESA BASS JAMES VANDERPOOL
City Clerk City Manager
Dated:_______________________ Dated:_______________________ APPROVE AS TO FORM: RECOMMENDED FOR APPROVAL:
____________________________ _____________________________

RYAN HODGE GRACE RUIZ-STEPTER
Deputy City Attorney Director
Dept of Housing and Community Development
Dated:_______________________ Dated:_______________________

CITY OF IRVINE
Dated: _____________________

CITY OF IRVINE,
a California municipal corporation
By: ___________________________
Oliver C. Chi, City Manager
APPROVED AS TO FORM:

RUTAN & TUCKER, LLP
____________________________
Jeffrey T. Melching, City Attorney
ATTEST:
____________________________
Carl Petersen, City Clerk
EXHIBIT 1
City Council 15 – 15 5/21/2024
Round HHAP-5 MOU Page 14 of 14

CITY OF SANTA ANA
ATTEST: CITY OF SANTA ANA
_________________________________ _____________________________________ JENNIFER L. HALL ALVARO NUNEZ
City Clerk Acting City Manager
Dated:____________________________ Dated:________________________________ APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:

SONIA R. CARVALHO
City Attorney
By: ______________________________ ______________________________ Andrea Garcia-Miller MICHAEL GARCIA
Assistant City Attorney Executive Director
Community Development Agency
EXHIBIT 1
City Council 15 – 16 5/21/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Youth Workforce Readiness Programs

AGENDA TITLE
Agreements with Working Wardrobes For a New Start and Orange County Conservation Corps to Provide Workforce Readiness Workshops, Employment, and Educational Programs to Santa Ana Youth

RECOMMENDED ACTION

1. Authorize the City Manager to execute an agreement with Working Wardrobes in an amount not to exceed $120,000, for a period from May 21, 2024 to September 30, 2024 (Agreement No. A-2024-XXX).

2. Authorize the City Manager to execute an agreement with Orange County Conservation Corps in an amount not to exceed $250,000, for a period from May 21, 2024 to September 30, 2024 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Californians for All Youth Workforce Program (CA4All) is a Governor’s initiative administered by California Volunteers in partnership with cities across California. The purpose of the initiative is to develop youth interest through work experience in careers in public service and strengthen city capacity to address key areas of climate, food insecurity, and local COVID-19 recovery.

The program targets youth between 16-30 years of age with priority given to youth who meet two or more of the following:
• Have not participated in an AmeriCorps program
• May have difficulty finding employment
• Are low-income, unemployed, or out of school
• Were justice-involved
• Currently or transitioning from foster care
• Engaged with the mental health or substance abuse system The City was a recipient of the first round of CA4All funding which was initially set to expire on May 1, 2024. The State recently amended the agreement extending the City Council 16 – 1 5/21/2024
Youth Workforce Readiness Programs
May 21, 2024

Page 2 ends

performance period to September 30, 2024. To date, 420 youth have enrolled and participated in workforce readiness workshops through the City program. Many of the youth have worked up to 700 hours in a supervised work experience environment, gaining invaluable insights into career opportunities within the public section and nonprofit sector.

Two organizations, Working Wardrobes and Orange County Conservation Corps (OCCC), have provided valuable and beneficial services through the term of their agreement, which concluded on May 1, 2024. To continue to provide services to the youth and to reflect the extension of the agreement between the City and the State, staff is recommending approval of these agreements to increase services to an additional 100 youth (Exhibit 1). Below is a summary of the services that will be provided:
• Working Wardrobes will conduct a series of workforce readiness workshops with the option of adding professional wardrobe services to prepare the participants to enter the workforce. Participants may attend all or a customized selection of workshops based on their particular needs. Working Wardrobes has over 32 years of experience in delivering comprehensive career development, training, and professional wardrobe fittings to over 115,000 men, women, young adults, and veterans. They have been instrumental in serving our participants in various workforce programs to help prepare them to enter the workforce and feel confident in their appearance.
• Orange County Conservation Corps (OCCC) serves at-risk young adults through employment, training, and education programs that build self-sufficiency and benefit the community through conservation-driven projects. They have a 30-year history of working with at-risk individuals in conservation and community service projects.

Under the agreement, OCCC will continue to serve the remaining 40 youth to allow them time to complete their hours of work experience. Averaging 29 hours per week, the youth will work at local area food banks unloading trucks, packing food boxes, and delivering and distributing goods to locations throughout the county. They may also work on city and county projects in clearing brush from trails, creeks, riverbanks, and other fire fuel reduction removal efforts to promote climate resilience (Exhibit 2).

Approval of the agreements will help the City ensure youth enrolled will have access to work readiness workshops and professional attire, complete work experience hours, and ultimately helping the City meet its expenditure goals under the CA4All grant.

FISCAL IMPACT
Funds are budgeted and available for anticipated expenditures as shown below. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2024-2025.

City Council 16 – 2 5/21/2024
Youth Workforce Readiness Programs
May 21, 2024

Page 3 ends

Fiscal Year Accounting
Unit- Account
Fund
Description
Accounting Unit,
Account Description Amount
FY 23-24
(May-June)
18318763-
69135
CA for All
Grant
CA for All Grant,
Payment to Subagent $111,000
FY 24-25
(July-September)
18318763-
69135
CA for All
Grant
CA for All Grant,
Payment to Subagent $259,000
Total Expenditures $370,000

EXHIBIT(S)

1. Agreement - Working Wardrobes

2. Agreement - Orange County Conservation Corps
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, Acting City Manager
City Council 16 – 3 5/21/2024
1 CALIFORNIA VOLUNTEERS

SUBCONTRACTOR AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND

WORKING WARDROBES

THIS CALIFORNIA VOLUNTEERS, CALIFORNIANSFORALL YOUTH
WORKFORCE DEVELOPMENT PROGRAM, GRANT AGREEMENT (“CA4All Agreement”), is hereby made and entered into this 21st day of May, 2024, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“Contractor”), and Working Wardrobes For A New Start, a California nonprofit organization (“Subcontractor”).

RECITALS:

A. Contractor submitted a proposal for the Civic Engagement Youth Workforce Development Project funded by California Volunteers, specifically the CaliforniansForAll Youth Workforce Development Program (“CA4All”).

B. Contractor’s main objective of CA4All is to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Additionally, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need.

C. Contractor is the recipient of CA4All funds from the State of California. On June 7, 2022, Contractor entered into State of California Agreement Number JP1012, Contractor Agreement No. A-2022-089, commencing on June 7, 2022, through May 1, 2024, in a total amount not to exceed $4,497,514.00 (“State CA4All Agreement”). The State CA4All Agreement has since been extended to September 30, 2024. A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference.

D. Contractor and Subcontractor entered into California Volunteers Subcontractor Agreement, Agreement No. A-2022-221, on November 15, 2022 to offer workforce readiness workshops, with the option of adding professional wardrobe services. Agreement No. A-2022-221 expired May 1, 2024 and the parties desire to continue the same or similar work through September 30, 2024, the end of the State CA4All Agreement through this Agreement. The parties also desire that this CA4All Agreement include services beginning May 1, 2024.

E. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds, including State Fiscal Recovery Funds.

EXHIBIT 1
City Council 16 – 4 5/21/2024
2 F. Contractor now approves the provision of CA4All grant funds to Subcontractor in an amount not to exceed $120,000.00, to be used in compliance with the CA4All objectives defined herein.

G. Subcontractor represents that it has the requisite qualifications, expertise, and experience to use said CA4All grant funds to operate pursuant to CA4All objectives.

G. This CA4All Agreement is contingent upon the award of CA4All grant funds from the State of California.

H. Contractor and Subcontractor have duly executed this CA4All Agreement for the expenditure and utilization of said CA4All funds.

NOW THEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this CA4All Agreement, and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire CA4All Agreement between the Contractor and Subcontractor:

1. SCOPE OF SERVICES
Subcontractor shall perform during the term of this CA4All Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the CA4All objectives, as detailed in the Program Proposal attached hereto as Exhibit B and incorporated herein by reference (“Program”).

2. TERM
This CA4All Agreement shall take effect on the date first written above and shall terminate on September 30, 2024, unless otherwise terminated, cancelled or modified according to the terms of this CA4All Agreement. The parties intend that this CA4All Agreement include services provided by Subcontractor beginning May 1, 2024. The Term of this CA4All Agreement may be extended by a writing executed by the City Manager and the City Attorney.

EXHIBIT 1
City Council 16 – 5 5/21/2024
3 B. In accordance with the Reporting and Invoicing requirements found in Exhibit A, Subcontractor shall submit quarterly invoices in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor.

C. Payment is subject to the receipt and approval of such invoices and quarterly activity reports. Contractor shall pay such invoices within thirty (30) days after receipt thereof, provided Contractor is satisfied that such expenses have been incurred within the scope of this CA4All Agreement and that the Subcontractor is in compliance with the terms and conditions of this CA4All Agreement. The thirty (30) day period will discontinue if the reimbursement request is determined to be incomplete and will restart the thirty-day timeline once the remaining required elements have been submitted. Failure to provide any of the required documentation will cause the Contractor to withhold all or a portion of a request for reimbursement until such documentation has been received and approved by the Contractor. Subcontractor has the ability to adjust line item amounts in the budget with the approval of the Executive Director for the Community Development Agency for Contractor, so long as the total budget amount does not increase.

D. Subcontractor agrees to use said funds pursuant to this CA4All Agreement to pay for necessary and reasonable costs allowable under state law and regulations to operate said CA4All Program only. Subcontractor’s failure to perform as required may, in addition to other remedies set forth in this CA4All Agreement, result in readjustment of the amount of funds the Contractor is otherwise obligated to pay to the Subcontractor pursuant to the terms hereof, or termination of this CA4All Agreement.

E. Contactor has the right to de-obligate the funds hereunder, and take such funding back from Subcontractor, due to any of the following reasons: (a) lack of performance by Subcontractor; (b) lack of fiscal accountability of Subcontractor; or (c) decrease in available funding.

4. STATE CA4ALL AGREEMENT
Contractor entered into State Agreement Number JP1012 with the State of California receiving and recognizing $4,497,514.00 in CA4All grant funds to be used by Contractor to address youth workforce development. A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable State requirements governing the use of CA4All grant funds.

5. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire term of this CA4All Agreement, be construed to be an independent contractor and not an employee of the Contractor. This CA4All Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the EXHIBIT 1
City Council 16 – 6 5/21/2024
4 professional manner in which Subcontractor performs the services which are the subject matter of this CA4All Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This CA4All Agreement creates a non-exclusive and perpetual license for Contractor to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Subcontractor under this CA4All Agreement (“Documents & Data”). Subcontractor shall require all subcontractors to agree in writing that Contractor is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this CA4All Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and warranty in regard to Documents & Data which were provided to Subcontractor by the Contractor. Contractor shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this CA4All Agreement shall be at Contractor’s sole risk.

7. INSURANCE
Subcontractor shall procure and maintain for the duration of the CA4All Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by Subcontractor, its agents, representatives, employees or subcontractors. a. Minimum Scope and Limit of Insurance: coverage shall be at least as broad as:

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

2. Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), or if Subcontractor has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than $1,000,000 per accident for bodily injury and property damage. (Not required if Subcontractor provides written verification it has no vehicles.)
EXHIBIT 1
City Council 16 – 7 5/21/2024
5 3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Sexual Abuse or Molestation (SAM) Liability: if the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Vendor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $100,000 per occurrence or claim and with a limit not less than $1,000,000 per occurrence or claim for organization. (Not required if Contractor staff is present during all activity.)

5. Broader Coverage: if Subcontractor maintains broader coverage and/or higher limits than the minimums shown above, the Contractor requires and shall be entitled to the broader coverage and/or the higher limits maintained by Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Contractor.

6. Self-Insured Retentions: Self-insured retentions must be declared to and approved by the Contractor. The Contractor may require Subcontractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Contractor
b. Other Insurance Provisions: the general liability policy is to contain, or be endorsed to contain, the following provisions:

1. Additional Insured Status: The Contractor, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of Subcontractor including materials, parts, or equipment furnished in connection with such work or operations.

2. Primary Coverage: For any claims related to this CA4All Agreement, the Subcontractor’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Contractor, its officers, officials, employees, and volunteers.

3. Waiver of Subrogation: The Insurance Company agrees to waive all rights of subrogation against the Contractor, its elected or appointed officers, officials, agents, and employees for losses paid under the terms of any policy which arise from work performed by the Subcontractor for the Contractor. This provision also applies to the Subcontractor’s Workers’ Compensation policy.

EXHIBIT 1
City Council 16 – 8 5/21/2024
6 4. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Contractor.

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

6. Verification of Coverage: Subcontractor shall furnish the Contractor with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Contractor before work begins. Contractor reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications, at any time.

7. Special Events Coverage for Instructors: Special events coverage is available for an additional fee to provide the liability insurance required by this CA4All Agreement. Subcontractor can obtain additional information and cost from the Contractor.

8. Special or Low Risk Activities: Contractor reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Contractor reserves the right to modify or waive insurance requirements for certain low risk recreational activities.

8. INDEMNIFICATION
Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this CA4All Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this CA4All Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this CA4All Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this CA4All Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises EXHIBIT 1
City Council 16 – 9 5/21/2024
7 by reason of the terms of, or effects arising from this CA4All Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Subcontractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor.

9. RECORDS
Subcontractor shall keep records and invoices in connection with the work to be performed under this CA4All Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incurred under this CA4All Agreement and any services, expenditures, and disbursements charged to the Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Subcontractor under this CA4All Agreement. All such records and invoices shall be clearly identifiable.

Subcontractor shall allow a representative of the Contractor to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this CA4All Agreement during regular business hours. Subcontractor shall allow inspection of all work, data, documents, proceedings, and activities related to this CA4All Agreement for a period of three (3) years from the date of final payment to Subcontractor under this CA4All Agreement.

10. CONFIDENTIALITY
If Subcontractor receives from the Contractor information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Subcontractor agrees that it shall not use or disclose such information except in the performance of this CA4All Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this CA4All Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the Contractor.

11. CONFLICT OF INTEREST CLAUSE
Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this CA4All Agreement.

EXHIBIT 1
City Council 16 – 10 5/21/2024
8 12. NON-DISCRIMINATION
Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any services provided under this CA4All Agreement. Subcontractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This CA4All Agreement and the State CA4All Agreement represent the complete and exclusive statements between the Contractor and Subcontractor, and supersede any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this CA4All Agreement and the State CA4All Agreement, the terms of the State CA4All Agreement shall prevail. This CA4All Agreement may not be modified except by written instrument signed by the Contractor and by an authorized representative of Subcontractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Subcontractor or the Contractor. Each party to this CA4All Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

14. ASSIGNMENT
Inasmuch as this CA4All Agreement is intended to secure the specialized services of Subcontractor, Subcontractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the Contractor and any such assignment, transfer, delegation or subcontract without the Contractor's prior written consent shall be considered null and void. Nothing in this CA4All Agreement shall be construed to limit the Contractor’s ability to have any of the services which are the subject to this CA4All Agreement performed by Contractor personnel or by other Subcontractors retained by Contractor.

15. TERMINATION
This CA4All Agreement may be terminated by the Contractor upon thirty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the Contractor shall pay Subcontractor compensation for all services performed by Subcontractor prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Subcontractor to deliver to the Contractor all work product(s) completed as of such date, and in such case such work product shall be the property of the Contractor unless prohibited by law, and Subcontractor consents to the Contractor’s use thereof for such purposes as the Contractor deems appropriate.

EXHIBIT 1
City Council 16 – 11 5/21/2024
9 b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this CA4All Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this CA4All Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURISDICTION - VENUE
This CA4All Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this CA4All Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this CA4All Agreement.

18. PROFESSIONAL LICENSES
Subcontractor shall, throughout the term of this CA4All Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Subcontractor shall notify the Contractor immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this CA4All Agreement.

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this CA4All Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

CONTRACTOR: SUBRECIPIENT:

City of Santa Ana Working Wardrobes
Community Development Agency (M-25) 2000 E. McFadden Ave, Suite 100 20 Civic Center Plaza Santa Ana, CA 92705
P.O. Box 1988
Santa Ana, CA 92702-1988 Tel.: (714) 210-2460
Tel.: (714) 647-5378
FAX: (714) 647-6549
EXHIBIT 1
City Council 16 – 12 5/21/2024
10 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this CA4All Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney’s fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this CA4All Agreement.
{Signatures on following page}
EXHIBIT 1
City Council 16 – 13 5/21/2024
11 IN WITNESS WHEREOF, the parties hereto have executed this CA4All Agreement on the date and year first written above.

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager

APPROVED AS TO FORM WORKING WARDROBES FOR A NEW
SONIA R. CARVALHO START
City Attorney
By:___________________________ _______________________________ ANDREA GARCIA-MILLER Name:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________

MICHAEL GARCIA
Executive Director
Community Development Agency
Bonni Pomush
CEO
EXHIBIT 1
City Council 16 – 14 5/21/2024
12 EXHIBIT A
STATE CA4ALL AGREEMENT
STATE CONTRACT NUMBER JP1012
EXHIBIT 1
City Council 16 – 15 5/21/2024
DocuSign Envelope ID: DD36778F-9EF8-4F66-B6C5- BB741B20A321 A-2022- 089-01 I SCO ID: 0650-JP 1012-A1

STANDARD AGREEMENT - AMENDMENT
STD 213A( Rev. 4/ 2020) AGREEMENTNUMBER AMENDMENT NUMBER Purchasing Authorit Number 7 CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED PAGES JP1012 I Al
u ) 1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
c CONTRACTING AGENCY NAME
r OPR/ California Volunteers
ZQ
1 CONTRACTOR NAME
City of Santa Ana

2. The term of this Agreement is:

START DATE
June 7. 2022

THROUGH END DATE
September 30, 2024

3. The maximum amount of this Agreement after this Amendment is:
4,497,514.00 or Four Million, Four Hundred Ninety -Seven Thousand, Five Hundred Fourteen Dollars and 00/ 100

4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein:

The purpose of this amendment is to extend the end date of the performance period. The JP1012- Al amendment will do the following:

I. Extend the end date of the performance period from May 1, 2024, 2022 to September 30, 2024 All other terms and conditions shall remain the some.

IN WITNESS WHEREOF, THIS AGREEMENTHAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR NAME ( If other than an individual, state whether a corporation, partnership, etc.) City of Santa Ana

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
20 Civic Center Plaza Santa Ana CA 92701

PRINTED NAME OF PERSON SIGNING TITLE
Steven Mendoza Interim City Manager

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED
De cuftnea br.
a. 1 12/ 18/2023

STATE OF CALIFORNIA

CONTRACTING AGENCY NAME
OPR/ California Volunteers

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
1400 10th Street Sacramento CA 95814

PRINTED NAME OF PERSON SIGNING TITLE
Anthony Chavez Director of Operations

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
DocuSigned by:
12/ 18/2023
AL%q p Pe T)A T F GENERAL SERVICES APPROVAL EXEMPTION (ifApplicable) ATTEST:

Page 1 of 1 ends

EXHIBIT 1
City Council 16 – 16 5/21/2024
nocu% n Envelope ID: C9400985.4C42-408F-ABFP-5AG4CB5A4BCF Clty of Janta An'.

JP1011
Exhibit A Scope of Work
City of Santa Ana Civic Engagement Youth Workforce Development Project Funded by CaliforniaVolunteers
Section 1: Program Goal

1. What does your city hope to gain from this program/are there strategic goals this program can help your city meet?
The City of Santa Ana through its Workforce Development Board ( SAWDB) Intends to provide meaningful work experience to local youth, particularly those who are historically part of underrepresented groups and have difficulty finding employment due to the pandemic. The focus will be on low-income youth, justice involved youth and other marginalized groups. Strategically, the City will strengthen existing partnerships and establish new ones with agencies and organizations committed to increasing youth employment, providing career guidance and fostering that same commitment in the youth they serve, Youth, will be provided with meaningful work experience coupled with intensive career exploration. Lastly, the project aims to address issues of food insecurity by collaborating with food recovery organizations and services to help feed those in need. The lead for this project is the SAWDB, the designated administrator and operator of workforce development programming for the City of Santa Ana and recipient of federal Workforce Innovation and Opportunity Act WIOA) and other workforce development funding.

Section 2: Program Design

1. Which focus area(s) will youth be working on (food insecurity, climate change, etc.)? If other focus areas are addressed, please describe.

Youth will be working directly on projects and assignments addressing food insecurity, the impacts of climate change, and post -pandemic recovery.

2. Do you plan to sub -grant with CBOs? If so, please name each organization and any prior experience they have running similar programs or the process by which you will select CBO partners.

The City of Santa Ana will provide services to youth using both in- house program staff and partnerships with Cammunity Based Organizations ( CEOs). In house program staff will include personnel from both the Santa Ana WORK Center and the Santa Ana Public Library.

The WORK Center has decades of implementing youth programs specifically through a " Daisy Wheel' service delivery model. The underlying philosophy of the Daisy Wheel is an " All Youth One System" concept, where resources are leveraged from a network of Youth Service Providers. The concept allowed youth regardless of eligibility to receive services from the various partners of a Youth Service Providers Network YSPN).

EXHIBIT 1
City Council 16 – 17 5/21/2024
Docuftn Envolope ID: D8400988.4C42- 408F-ABFD- 5AC4CB5A4BCF The YSPN consists of Service Providers that collectively offer various youth services In a creative and interactive manner, The concept, allows the Service Provider to focus on what service they specialize in and do best. The YSPN will promote broad -based coordination and cooperation among all youth Service Providers and to provide the technical assistance needed to make the network a success. The WORK Center as the Navigator will provide partners with structure and guidance toward meeting the grant objectives, convene and facilitate partner meetings, establish partner subcontracts, monitor compliance and performance, collect and report participant data, and disburse grant funds.

The SAWDB plans to engage the Santa Ana Public Library, which operates various successful youth engagement programs including BrainFuse and Universal Class.

Both programs provide online training courses along with robust support to help users master academic concepts, The library also let's library card holders " borrow" the internet with their library card by providing youth WI- FI Hotspots, for those members of our community who do not have internet access at home. The City will work toward the expansion of these programs to engage more youth, up to age 18.

The Orange County Conservation Corps ( OCCC) is a current sub -recipient of Workforce Innovation and Opportunity ( WIOA) Youth funding from the City of Santa Ana. OCCO has a long standing record of successfully operating youth workforce development programs for the City and has particularly been engaged with older (18+) youth experiencing multiple barriers, such as foster youth, the justice -involved, and very low-income.

Working Wardrobes is also a subrecipient of funding from the City. Based on current performance outcomes, the City plans to engage Working Wardrobes in program delivery services for this grant as well. Working Wardrobes has been working with the City to help implement programs for justice- involved people for the past two years.

They have unique expertise In engaging people prior to release from incarceration to help ease their transition to life outside.

Additionally, program design is underway with two large food banks — Community Action Partnership of OC and Second Harvest - both serve the region to have youth fellows work in distribution, warehousing and growing fresh food.

As it is the goal of the City to provide a broad, inclusive program for eligible youth, additional CBOs may be engaged if gaps in services are identified.

3. What activities will youth be working on? Please offer a brief, several sentence description of each job activity youth will be undertaking and any partners that will be involved in running that opportunity.

The Santa Ana WORK Center, will provide paid summer work experiences as recreational leaders, community center attendants, and other support staff to restore EXHIBIT 1
City Council 16 – 18 5/21/2024
DoouSlgn Envelope ID; D9400988. 4C42-408F-A8FD- GA04CB5A4BCF and reinvigorate Community Services programming at parks, community centers, libraries, and family resource centers. This effort is related to post -pandemic recovery.

Santa Ana Public Library will provide online support for the provision of online career exploration including the expansion of the 4 youth WI- FI hotspot program. The second project will engage youth in researching and documenting pandemic recovery efforts throughout the city, including City -led efforts to rejuvenate the local economy and stabilize its residents living conditions, providing a street -level view of successes and challenges. Using mixed media and particularly video production, participants will create a public service message sharing the results of their research.

Youth participating with the OCCC will engage in multiple projects related to both food insecurity and climate resilience. While addressing food insecurity youth will load and unload trucks, package boxes of food, deliver to community pantries, and assist community partners with labor support at drive -up distribution events (traffic control, set- up logistics, and data collection). While addressing climate resilience youth will clear fire fuels from public spaces, remove debris from waterways, remove nonnative/invasive trees/plants, install native plants and perform other erosion control measures. Much of the climate resilience work will be at the direction of the Orange County Conservation Corps and performed at public parks, trails and wetlands.

Working Wardrobes will coordinate with the County of Orange, OC Sheriff's Department provide a workforce readiness program that includes pre- release services. This program will offer support and workforce readiness services for participants pre- release as well as post -release.

4. What is the proposed start date for programming?
The proposed start date for programming is March 1, 2022. The Santa Ana City Council must approve new and/or expanded contracts prior to program implementation therefore the start date may be adjusted as necessary.

Section 3: Youth Recruitment/Development

1. How will the city recruit youth?
The City and its CBO partners have established networks that will be relied upon to disseminate program information. For example, the Youth Services Provider Network through the WORK Center holds meetings on a monthly basis, which brings together community serving organizations who have a youth focus.

The City will also use various media resources including issuance of periodic news releases through its Public Information Officer; posting of electronic program announcements/flyers to social media including Facebook, Twitter, and Instagram and program information on the City`s website.

EXHIBIT 1
City Council 16 – 19 5/21/2024
DocuSlgn Envelope ID; D9400988.4042-408F-A8FD- 5AC4C88A48CF Other outreach strategies will include social media, public service announcements, posting physical program announcements/flyers at all Santa Ana library branches, recreation centers, community and family resource centers, high school and college career counseling centers, and other high -traffic public spaces, distributing eprogram announcements to utilities customers and housing voucher recipients; and delivering presentations to probation officers, social services agencies, guidance counselors, and other local youth -serving entitles,

2. If you would like to propose your own priority criteria for participants in this program for California Volunteers approval, please do so in this section.

N/A

3. What wrap around services, if any, is the city or subgrantee planning on offering to youth?
The City, through its subgrantees, will provide career counseling, career exploration, case management, supportive services ( transportation, gas cards, clothing, and assistance in locating child care), linkages with alternative secondary education and adult continuing education, and other appropriate referrals.

4. What wage will youth be paid, if known? What length of time do you anticipate the youth serving?
Youth will be paid $ 15 dollars for work performed. If a particular assignment exceeds entry level skill sets and proficiency that will be considered and may result in a higher hourly wage. There will be a year-round and a summer track. Year-round assignments will last from 6- 12 months while summer assignments will be from 8- 10 weeks long.

Section 4: Metrics/Outcomes

1. Can the city provide the required metrics listed above to CaliforniaVolunteers? Yes, the baseline metrics are similar to those already captured and recorded for other workforce development programs. However, the additional metrics related to participant outcomes and satisfaction 12 months after program completion will be very challenging as youth participants are very hard to locate and/or unwilling to respond to inquiries/surveys.

2. If not, please indicate which metrics the city is unable to provide.

The following three metrics will prove challenging and we request that they be waived:

EXHIBIT 1
City Council 16 – 20 5/21/2024
Docu5lgn Envelop ID: D0400088- 4C42- 408F-ABFD- 5AC4CB5A4BCF Percentage of youth who report job satisfaction after one year of employment, as reported by a survey.

Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey.

Percentage of youth employed in public service after one year of employment.

3. Are there other metrics you will be collecting to determine success of program? If so, please indicate which metrics.

No.

Section 5: Budget/Staffing/Communications

1. What is your proposed staffing plan for the program for the city and/or any subgrantees?
The subcontracted teams consist of program managers and specialists (outreach, intake, and eligibility technicians, case managers, and job developers), crew/field supervisors, and project managers. These teams will manage the day-to-day aspects of the program, including as their titles suggest, recruiting participants, ensuring their eligibility, orienting them to the program, assigning them to a work crew, supervising their work/activity, providing them with appropriate wraparound services or referrals and documenting services delivered.

Project SAY is staffed by City of Santa Ana employees who will supervise and direct youth placements at their respective worksites.

City of Santa Ana WDB/WORK Center staff will provide administrative support including fiscal and programmatic oversight, compliance review, and tracking and reporting participant progress/outcomes.

2. Does your city commit to using CaliforniaVolunteers developed branding for this program and participating in CaliforniaVolunteers-organized trainings/curriculum, if asked?
Yes.

3. Are you interested in participating in a program launch media event with CaliforniaVolunteers?
Yes.

EXHIBIT 1
City Council 16 – 21 5/21/2024
DocuSign Envelope ID: D9400988- 4042-408F-A8FD-6AC4CB6A4BCF Cify of Santa Ana
JP1012
Budget Detail Exhibit B
i
01 Items Description I Calculation Total Budges 17. Allocaflon Cross Check AdmirlsiratIve Costs IStaffing, rent, computer lease I 449,/ 51. 40 ITotal 449, 751,40 1 0.07
W01-W0
11 -#
Re vested Hourly Sala of Hours Total Budget
150
140 15. 00 560 1, 17G, 000.00
Total 1 00
oil i T
Items Description Calculation Mal Budget
PICA for Fellows 254, 736. 00 1 $ 254,736. 00
Workers Compensation 467, 712.00 467,712,00
Total
1Y Oft i " MUR 44. ' 0- 1* 911aa
Items Description calculation Total Budge} I% Allocation Cross Check Sub -Contract
Case Management, Supportive
Services including uniforms,
tools etc MIs
Total 87
Matal Budget Request. 4j4 7,6141.00 1
jTqtQj'#. afPejIbws. - , . . , 90
I Me, RRMV 4 k " WO
Partner Status ( Proposed or Secured) Contractual Amount City of Santa Ana Secured 449,752. 60
Oran22y2!yCC Secured 447. 328.6-0 Working
Wardrobes Secured 447, 328,00 CAPOC
Pro used 222, 453.00 Second
Harvest Proposed 222, 453.00 7ofal
I
EXHIBIT 1
City Council 16 – 22 5/21/2024
DoouSlgn Envelope ID: D9400988- 4C42-408F-A8FD- 6AC4CB5A4BCF City of Santa Ana
Agreement #JP1012

EXHIBIT B
Budget Payment Provisions
California Volunteers,
CalifornionsForAll Youth Workforce Development Program
and City of Santa Ana

BUDGET PAYMENT PROVISIONS

1. Invoicing and Payment
a) For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Agreement.
b) Invoices shall include the Agreement Number and shall be submitted via PDF to [email protected].

2. Budget Contingency Clause
a) It is mutually agreed that if the Budget Act of the current year and/ or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement
b) If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

Page 1 of 1 ends

EXHIBIT 1
City Council 16 – 23 5/21/2024
Docu8lgn Envelope ID: D9400988-4042.408F-ASFD- 6AC4C65A46CF City of Santa Ana
JP1012
Exhibit 1)( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Outcome and Output Reporting
All CaliforniansForAll Youth Jobs Corps Program grantees will be responsible for providing periodic and timely reports on outcomes and outputs associated with the funding received from this program.

Reporting Metrics
Grantees will be required to report the following metrics on a quarterly and annual basis to California Volunteers in a format and method to be specified by California Volunteers, These metrics are subject to change, depending on the California Department of Finance' s review and approval:

Required by Department of Treasury:
o Number of workers enrolled In sectoral job training programs o Number of workers completing sectoral job training programs o Number of people participating In summer youth employment programs
Output: Total number of youth employed; number of hours of employment
Outcome: Percentage of participants who enroll in higher education or gain employment following program end; Number of industries served; Disadvantaged areas served
Additionally, CaliforniaVolunteers requires cities to report the following data, where feasible, on a quarterly and annual basis to CaliforniaVolunteers in a format and method to be specified by California Volunteers.

Number of youth participating in program
Number of youth employed in each focus area
Number of youth enrolled in job training/ readiness programs Number of youth completing job training/ readiness programs Number of youth participating in summer program (if applicable) Average wage and hours worked of participants across program Information/ data/ member stories as requested for annual report Does this project serve an economically disadvantaged community? Number of youth employed in program who were previously unemployed EXHIBIT 1
City Council 16 – 24 5/21/2024
DaouSign Envelope ID: D8400888. 4C42408F-ABFD. 5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Number of youth who complete full program ( 1 year or summer program) Percentage of youth employed in program who remain in college or stable employment
Percentage of youth employed after completion of program Percentage of youth who report job satisfaction after one year of employment, as reported by a survey
Percentage of youth who report an interest in a career in public service after one year of employment, as measured by a survey
Percentage of youth employed in public service after one year of employment
Job training evaluations
Reporting Deadlines:
tlport Reporting PeriotJ > Paifner Report§,Due .
1 ( if applicable) Award Date - December 31, 2021 January 10,. 2022 2 January 1- March31, 2022 April8, 2022
3 April I - June 30, 2022 July 8, 2022
4 July 1 - September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further identified by the California Department of Finance, Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract, At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

EXHIBIT 1
City Council 16 – 25 5/21/2024
DocusIgn Envelope ID: D94009B84042 408F-A8FD- 5AC4CB5A4BCF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
Invoicing
This grant is a cost -reimbursement grant. As such, grantees will be required to submit periodic and timely invoices to California Volunteers for expenses already incurred for processing and payment, Grantees have the discretion to invoice monthly or quarterly. However, California Volunteers will not allow invoices for periods in excess of three months due to the need to provide quarterly financial reporting to the California Department of Finance, as well as the federal government, over the use of State Fiscal Recovery Funds (SFRF), federal stimulus funding.

Invoicing Deadlines:

Grantees have the discretion to invoice monthly or quarterly. If monthly, invoices should be submitted by the 15th of the following month. If quarterly, invoices should be submitted with the financial report no later than the due date identified in the financial reporting deadlines below.

Financial Reporting Metrics:

Grantees will be required to report quarterly on expenditures and unliquidated obligations associated with the grant. As such, grantees will be required to provide the following:

Expenditure Amounts
o Cumulative Expenditures ( prior cycles)
o Expenditure Adjustments (+/-) prior cycles
o Expenditures ( Current Cycle)
o Total Cumulative Expenditures
Obligation Amounts
o Remaining Obligation
o Total Cumulative Expenditures
o Total Cumulative Expenditures + Obligation
o Award Amount
Notes ( if applicable)
These mefrics are subject to change, depending on the California Department of Finance' s review and approval.

EXHIBIT 1
City Council 16 – 26 5/21/2024
DocuSlgn Envelope ID: D9400988. 4C42-408F-A8FD• 6AC4CB6A48CF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Financial Reporting Deadlines:
4 1 t ;Part ReporfTpg. Period;:; Parfher Repo tx Due
1 Award Date - December 31, 2021 January 10, 2022
2 January 1 - March 31, 2022 April 8, 2022
3 April 1 - June 30, 2022 July 8, 2022
4 July 1 - September 30, 2022 October 7, 2022
California Volunteers will update this reporting timeline with additional reporting periods, upon receipt of updated reporting timelines established by the federal government for projects leveraging State Fiscal Recovery Funds, as further Identified by the California Department of Finance. Reporting metrics may be updated, depending on updated guidance from the California Department of Finance.

Reporting Process:

California Volunteers will be providing a comprehensive financial reporting template for grantees upon execution of a contract. Additionally, this reporting template and process may be updated during the period of the contract. At the time when the reporting process is updated, California Volunteers will roll out communication regarding this process and provide updates to grantees.

EXHIBIT 1
City Council 16 – 27 5/21/2024
Docu8lgn Envelope ID: D9400988- 4C42-408r-A8FD- 5AC4CB5A48CF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
CaliforniansForAll Youth Jobs Corps Program
State Fiscal Recovery Funds
This program leverages 100% State Fiscal Recovery Funds, Grantees leveraging this funding are required to follow specific terms and conditions, reporting requirements, guidance, etc. associated with these funds. The requirements for the use of these funds are incorporated In their entirety through the inclusion of the links to specific resource pages in this Exhibit (see below). This includes links and attachments referenced on the following pages,
Resources:

Coronavirus State and Local Fiscal Recovery Funds:
https:// home.treasuW.govLpolicy-issues/ coronavirus/ assista nce-for-statelocal-and-tribal-governments/ state-and-local-fiscal-recovery-funds State Fiscal Recovery Fund: https:/ Iwww.dof.ca.gov/ budget/ COVID19/ State Fiscal Recovery Fund/ State Fiscal Recovery Fund Reporting Portal:
https:// www.dof.ca.gov/ budget/-COVID
121State Fiscal Recovery Fund Reporting Portal/
Through execution of the contract, grantees agree to follow the rules, guidance, regulations, and terms and conditions as outlined in the above links, as well as any other requirements and policies outlined throughout the exhibits of the executed contract.

EXHIBIT 1
City Council 16 – 28 5/21/2024
DoouSlgn Envelope ID; D9400988 4C42.408F-ABFD-5AC4065A46CF City of Santa Ana
JP1012
Exhibit D( 1) California Volunteers Reporting Requirements, Invoicing, and Specific Requirements and Terms and Conditions
Programmatic and Fiscal Document Retention
In line with State and Federal requirements regarding record retention, grantees are required to maintain all documentation, programmatic and fiscal, pertaining to this contract for a period of five years after the close out the contract and the payment of the final invoice. The grantee is required to maintain books, records, documents, and other evidence pertaining to the reimbursable costs and hold them available for audit and inspection by the State or Federal Government for the five years following the close out of the contract and payment of the final invoice. These retention requirements pertain to all contracts associated with this program, regardless of funding source.

EXHIBIT 1
City Council 16 – 29 5/21/2024
A-2022- 089
Contractor Certification Clauses
CCC 0412017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective Contractor to the clause(s) listed below. This certification is made under the laws of the State of California. ame
City of Santa Ana 95-6000785
Printed Name and Title of Person Signing
Kristine Ridge
Date Executed Executed in the County of
June 9, 2022 Orange
CONTRACTOR CERTIFICATION CLAUSES Ap p e as to orm:

Rya. b Hodge, Assistant City Attorney

1. STATEMENT OF COMPLIANCE: Contractor has, unless xempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 ( a-f) and CCR, Title 2, Section 11102) ( Not applicable to public entities.)

2. DRUG -FREE WORKPLACE REQUIREMENTS: Contractor will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person' s or organization' s policy of maintaining a drug -free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug -free workplace policy statement; and, EXHIBIT 1
City Council 16 – 30 5/21/2024
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Contractor may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Contractor has made false certification, or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Contractor certifies that no more than one ( 1) final unappealable finding of contempt of court by a Federal court has been issued against Contractor within the immediately preceding two- year period because of Contractor' s failure to comply with an order of a Federal court, which orders Contractor to comply with an order of the National Labor Relations Board. ( Pub. Contract Code § 10296) ( Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $ 50,000 OR MORE- PRO BONO_ REQUIREMENT: Contractor hereby certifies that Contractor will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

Contractor agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: Contractor hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286. 1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor.

The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The contractor agrees to cooperate fully in providing reasonable access to the contractor' s records, documents, agents or employees, or premises if reasonably EXHIBIT 1
City Council 16 – 31 5/21/2024
required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph ( a).

7. DOMESTIC PARTNERS: For contracts of $100, 000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295. 3.

8. GENDER IDENTITY: For contracts of $100,000 or more, Contractor certifies that Contractor is in compliance with Public Contract Code section 10295. 35,

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California

1. CONFLICT OF INTEREST: Contractor needs to be aware of the following provisions regarding current or former state employees. If Contractor has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees ( Pub. Contract Code § 10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise Is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent contractor with any slate agency to provide goods or services.

Former State Employees ( Pub. Contract Code § 10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If Contractor violates any provisions of above paragraphs, such action by Contractor shall render this Agreement void. ( Pub. Contract Code § 10420) Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e))

2. LABOR CODEIUVORKERS' COMPENSATION: Contractor needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and EXHIBIT 1
City Council 16 – 32 5/21/2024
Contractor affirms to comply with such provisions before commencing the performance of the work of this Agreement. ( Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: Contractor assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U. S. C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the Contractor's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. " Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Contractor shall not be: ( 1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

EXHIBIT 1
City Council 16 – 33 5/21/2024
13 EXHIBIT B

PROGRAM PROPOSAL
EXHIBIT 1
City Council 16 – 34 5/21/2024
Proposal Revision– February 2023 Page 1
City of Santa Ana and Working Wardrobes
CA4All Youth Program Proposal
For the past 32 years, Working Wardrobes has proudly delivered comprehensive career development and job training services to over 115,000 men, women, young adults, and veterans. We understand the multiple barriers to employment that young adults face and we create an environment of dignity and respect that allows clients to become their best, most confident selves. We are prepared to work with clients and tailor our approach to best suit their needs to move them to the next level for their individual success.

The goal of this proposal is for City of Santa Ana and Working Wardrobes to partner to offer our workforce readiness workshops with the option of adding professional wardrobe services. We look forward to assisting and supporting the population served within your organization as they prepare for the workforce.

1. Workforce Readiness Workshop Topics
The workshop Topics listed below are a sample of topics that can be presented at the City of Santa Ana Work Center or Working Wardrobes. Each topic is 1 to 1.5 hours and includes all materials and a certified facilitator.
 Navigating success in a new workplace – (1hrs)
o Adaptability-navigating success in the workplace by understanding employer expectations and how to manage them.
o Respectability – thriving in a multi-generational workplace o Suitability – learning and fitting into the culture of the workplace  Power of Your Image - (1 hr. primarily during wardrobe session but can be stand alone) o personal branding which includes:
o Creating your Professional Image – How you work, what you say and how you present yourself by projecting a positive and professional image through both visual and verbal communication. The importance of a first impression.
o Creating a capsule wardrobe – choosing appropriate clothes for the workplace  Harassment Prevention Training – (1hr Not designed to fulfill Mandated Supervisor Harassment Prevention Training) -
o Sexual Harassment - Inappropriate behavior in the workplace. How to handle it as the recipient and how to avoid doing it.
o Setting Healthy Boundaries – Establishing appropriate working relationships  Skills To Pay the Bills – You’ve Got Skills (part I) – (1.5hrs) o Identifying transferable soft skills – self-identify natural and learned soft skills that today’s recruiters are looking for across all industries. Learn how to not only identify them in yourself but how to describe them through specific examples.

EXHIBIT 1
City Council 16 – 35 5/21/2024
Proposal Revision– February 2023 Page 2
 Skills To Pay the Bills – Telling the Story of YOU (part II) - (1.5hrs) o Core steps to writing a resume – learning the sections of a resume o Writing a Professional Summary – writing the ‘elevator pitch’ that explains who you are, what you’re good at and what you want.
 Skills To Pay the Bills – Building Blocks of a Resume (part III) - (1.5hrs) o Practice preparing for an interview by learning the STAR method and drafting key examples to today’s top questions.
o Mock Interview – practice interviewing commonly asked questions 1:1 with immediate feedback.
 Skills To Pay the Bills – Job Search Skills (part IV) - (1.5hrs) o Job Search Strategies – Creating an online network; Job search sites by industry; dealing with rejection fatigue
o Navigating the Online Application Tracking System – how to improve your odds in getting your application seen by recruiters
 Additional workshop topics available upon request
Fee per topic: $500.00
Note: Topics combined and facilitated at the same time will be charged by number of workshop topics covered. (I.e. Skills to Pay the Bills 1 & 2 = $1000)

2. Career Success Center Services
o Job Search Lab “drop-in” services
 Services include:
 Use of our computers for job search purposes
 Resume assistance and preparation *appointment preferred*  One-on-one practice interviewing
 Job placement assistance
 Use of our job board and resources wall
Job search lab services are available Monday-Thursday 10am-3pm on an ongoing basis to any of your clients. Appointments are required and can be made in person or virtual. There is no fee for service.

EXHIBIT 1
City Council 16 – 36 5/21/2024
Proposal Revision– February 2023 Page 3

3. Professional Wardrobe Services
Personal shoppers assist each client in selecting appropriate career attire including professional clothing, shoes, and accessories. We offer excellent quality clothing and accessories for both men and women. Job seekers select a new “success suit” with the assistance of a trained ‘Personal Shopper’ in an inviting, department store-like setting. This comprehensive “shopping” experience is designed with an emphasis on the dignity and respect of each person we serve. It is our goal that our clients’ look and feel successful, so they have the confidence necessary to succeed in their interviews and in their careers.

This package provides a week’s worth of items to mix and match professional and business casual options.

Career Success Package DESCRIPTION Women
(size 0-
12)
Women
(size 14+)
Men (up to
size 44 jacket)
Men (size
46+ jacket)
Women’s
Career Success Package -
3 Outfits
1 suit, 3 blouses, 2 bottoms (dress,
pant, or skirt), 1 pair of shoes, 1
purse and
3 accessories (belt or jewelry)
$325 $375
Men’s Career Success
Package - 3 Outfits
1 suit, 2 pants, 3 dress shirts,
3 ties, 1 belt and 1 pair of shoes
$325 $375

4. Payment Terms
 Provide payment for invoices within 30 days of receipt from Working Wardrobes.  If payment is not received within 60 days of the billing, Working Wardrobes will cease to accept referrals from the partner agency until the past due invoice(s) is paid in full.

We look forward to working with you and making a positive impact on the lives of your clients.

Sincerely,
Ashley Vlcan
Senior Director, Client Services
Working Wardrobes
EXHIBIT 1
City Council 16 – 37 5/21/2024
From: City of Santa Ana
To: Goodson, Audrey; Vega, Brenda
Subject: Internal Notice of Compliance
Date: Wednesday, September 13, 2023 8:29:57 AM

NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor
Name: Working Wardrobes For A New Start
Project
Number: A-2022-221
Project
Name:

California Volunteers Subcontractor Agreement Between
The City Of Santa Ana And Working Wardrobes
The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time.

The compliant coverage(s) are:

TYPE OF INSURANCE POLICY
NUMBER

EXPIRATION

DATE COI DATE FILE NAME
AUTOMOBILE LIABILITY 202349231 09/17/2024 09/07/2023
City of Santa
Ana, WOS,
20 Civic
Center Plaza,
Santa Ana,
CA,
92702.pdf
GENERAL LIABILITY 202349231 09/17/2024 09/07/2023
City of Santa
Ana, WOS,
20 Civic
Center Plaza,
Santa Ana,
CA,
92702.pdf

IMPROPER SEXUAL CONDUCT
& PHYSICAL ABUSE 202349231 09/17/2024 09/07/2023
City of Santa
Ana, WOS,
20 Civic
Center Plaza,
Santa Ana,
EXHIBIT 1
City Council 16 – 38 5/21/2024
CA,
92702.pdf

WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY 76WEGAT9Z3W 08/30/2024 08/31/2023 Working
Wardrobes
WC
08302024.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
9/13/2023 11:29 AM
EXHIBIT 1
City Council 16 – 39 5/21/2024
EXHIBIT 2

CALIFORNIA VOLUNTEERS

SUBCONTRACTOR AGREEMENT BETWEEN

THE CITY OF SANTA ANA AND

ORANGE COUNTY CONSERVATION CORPS

THIS CALIFORNIA VOLUNTEERS, CALIFORNIANSFORALL YOUTH
WORKFORCE DEVELOPMENT PROGRAM, GRANT AGREEMENT (“CA4All Agreement”), is hereby made and entered into this 21st day of May, 2024, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“Contractor”), and Orange County Conservation Corps, a California nonprofit organization (“Subcontractor”).

RECITALS:

Contractor is the recipient of CA4All funds from the State of California. On June 7, 2022, Contractor entered into State of California Agreement Number JP1012, Contractor Agreement No. A-2022-089, commencing on June 7, 2022, through May 1, 2024, in a total amount not to exceed $4,497,514.00 (“State CA4All Agreement”). The State CA4All Agreement has since been extended to September 30, 2024. A true and correct copy of the State CA4All Agreement is attached hereto as Exhibit A and incorporated herein by this reference.

Contractor and Subcontractor entered into California Volunteers Subcontractor Agreement, Agreement No. A-2022-169, on September 6, 2022 to provide an objective assessment for youth participant’s readiness for meaningful work, provide case management on an ongoing basis, provide referrals to community resources, and develop worksites to provide meaningful work experiences.

Agreement No. A-2022-169 expired May 1, 2024 and the parties desire to continue the same or similar work through September 30, 2024, the end of the State CA4All Agreement through this CA4All Agreement. The parties also desire that this CA4All Agreement include services beginning May 1, 2024 E. Subcontractor has been made aware of the State CA4All Agreement and agrees to comply with all the conditions of the State CA4All Agreement and the applicable 1 City Council 16 – 40 5/21/2024
EXHIBIT 2
State requirements governing the use of CA4All grant funds, including State Fiscal Recovery Funds.

F. Contractor now approves the provision of CA4All grant funds to Subcontractor in an amount not to exceed $250,000.00, to be used in compliance with the CA4All objectives defined herein.

G. Subcontractor represents that it has the requisite qualifications, expertise, and experience to use said CA4All grant funds to operate pursuant to CA4All objectives.

This CA4All Agreement is contingent upon the award of CA4All grant funds from the State of California.

Contractor and Subcontractor have duly executed this CA4All Agreement for the expenditure and utilization of said CA4All funds.

1. SCOPE OF SERVICES
Subcontractor shall perform during the term of this CA4All Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services necessary for the CA4All objectives, as detailed in the Program Implementation and Budget Narrative attached hereto as Exhibit B and incorporated herein by reference (“Program”).

3. DISBURSEMENT AND FUNDS
A. Contractor was allocated $4,497,514.00 in CA4All grant funds from the State of California to be expended by September 30, 2024. Contractor agrees to pay to Subcontractor when, if and to the extent State CA4All grant funds are received a sum not to exceed $250,000.00 for Subcontractor’s performance of the Program through the term of this CA4All Agreement. Said sum shall be paid after Contractor receives invoices submitted by Subcontractor as provided herein.
2 City Council 16 – 41 5/21/2024
EXHIBIT 2
B. In accordance with the Reporting and Invoicing requirements found in Exhibit A, Subcontractor shall submit quarterly invoices in a form prescribed by the Contractor, detailing such expenses. Such schedule may be modified with the approval of the Contractor.

5. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire term of this CA4All Agreement, be construed to be an independent contractor and not an employee of the Contractor. This CA4All Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the Contractor to exercise discretion or control over the 3 City Council 16 – 42 5/21/2024
EXHIBIT 2
professional manner in which Subcontractor performs the services which are the subject matter of this CA4All Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

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

8. INDEMNIFICATION
Subcontractor agrees to defend, and shall indemnify and hold harmless the Contractor, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Subcontractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this CA4All Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this CA4All Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this CA4All Agreement. The Subcontractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the Contractor, including fees and costs for special counsel to be selected by the Contractor, regarding any action by a third party challenging the validity of this CA4All Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises 6 City Council 16 – 45 5/21/2024
EXHIBIT 2
by reason of the terms of, or effects arising from this CA4All Agreement. Contractor may make all reasonable decisions with respect to its representation in any legal proceeding.

12. NON-DISCRIMINATION
Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identify, gender expression, gender, medical conditions, genetic information, military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any services provided under this CA4All Agreement. Subcontractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

CONTRACTOR: SUBRECIPIENT:

City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
Orange County Conservation Corps
1853 N. Raymond Ave.,
Anaheim, CA 92801
P.O. Box 1988 Phone: (714) 956-6222
Santa Ana, CA 92702-1988 Fax: (714) 888-0059
Phone: (714) 647-5378
Fax: (714) 647-6549
9 City Council 16 – 48 5/21/2024
EXHIBIT 2
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this CA4All Agreement, and shall indemnify Contractor fully, including reasonable costs and attorney’s fees, for any injuries or damages to Contractor in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this CA4All Agreement.
{Signatures on following page}
10 City Council 16 – 49 5/21/2024
EXHIBIT 2
City Council 16 – 50 5/21/2024
EXHIBIT 2

EXHIBIT A
STATE CA4ALL AGREEMENT
STATE CONTRACT NUMBER JP1012
12 City Council 16 – 51 5/21/2024
EXHIBIT 2
City Council 16 – 52 5/21/2024
EXHIBIT 2
City Council 16 – 53 5/21/2024
EXHIBIT 2
City Council 16 – 54 5/21/2024
EXHIBIT 2
City Council 16 – 55 5/21/2024
EXHIBIT 2
City Council 16 – 56 5/21/2024
EXHIBIT 2
City Council 16 – 57 5/21/2024
EXHIBIT 2
City Council 16 – 58 5/21/2024
EXHIBIT 2
City Council 16 – 59 5/21/2024
EXHIBIT 2
City Council 16 – 60 5/21/2024
EXHIBIT 2
City Council 16 – 61 5/21/2024
EXHIBIT 2
City Council 16 – 62 5/21/2024
EXHIBIT 2
City Council 16 – 63 5/21/2024
EXHIBIT 2
City Council 16 – 64 5/21/2024
EXHIBIT 2
City Council 16 – 65 5/21/2024
EXHIBIT 2
City Council 16 – 66 5/21/2024
EXHIBIT 2
City Council 16 – 67 5/21/2024
EXHIBIT 2
City Council 16 – 68 5/21/2024
EXHIBIT 2
City Council 16 – 69 5/21/2024
EXHIBIT 2

EXHIBIT B

PROGRAM IMPLEMENTATION

AND BUDGET NARRATIVE
13 City Council 16 – 70 5/21/2024
EXHIBIT 2

ORANGE COUNTY CONSERVATION CORPS
CaliforniansForAll Youth Job Corps
PY 2024 (May 24 – August 24 = 4 months)

PROGRAM IMPLEMENTATION
The OCCC shall conduct outreach and recruitment activities to targeted youth ages 18 to 30 who meet eligibility requirements and is within one or more of the following categories defined by the CaliforniansForAll Youth Workforce Development Program.

OCCC will also continue to service existing enrollments from prior contract. The OCCC will conduct eligibility screening of all potential youth enrollments per established eligibility guidelines as set forth by the City and will focus on COVID-19 Recovery, Food Insecurities, and Climate Action.

The OCCC shall ensure that allocated funds be used to provide activities in this program for youth who are not younger than 18 or older than 30. Priority will be given to youth who:
•
•
•
•
•
•
•
Have not participated in an AmeriCorps program
Difficulty finding employment
Are low income
Are unemployed and/or out of school
Are justice-involved
Are in transition from foster care
Are engaged with the mental health or substance abuse system Priority applicants (meeting two of the above criteria) should make no fewer than 75% of selected participants. Cities may create their priority criteria for approval by CaliforniaVolunteers if the above criteria do not meet city goals.

The OCCC shall provide youth participants with a thorough program orientation and evidence of the orientation shall be maintained in the participant files which at a minimum should include the following:
•
•
•
•
•
•
Program goals and objectives
Length of the training period
Civil rights and complaint-handling procedures
Available supportive services
Anticipated exit dates
Participant requirements and related activities
City Council 16 – 71 5/21/2024
EXHIBIT 2
The OCCC shall provide an Objective Assessment of the individual’s readiness for meaningful work. The assessment will include academic and employability skill levels, service needs of each participant, a review of basic skills, occupational skills, prior work experience, employability, interests, aptitudes (including non-traditional job interests), supportive service needs, and developmental needs of the participant.

The OCCC shall develop an Individualized Service Strategy for each participant that shall identify a career pathway goal, appropriate achievement objectives, and planned supportive services. The OCCC shall provide preparation for post-secondary educational opportunities, strong linkages between academic and occupational learning, preparation for unsubsidized employment opportunities, and effective connections to intermediaries with strong links to the job market and local regional employers.

The OCCC shall provide case management for each youth participant on an ongoing basis. Case managers shall assist youth as needed to ensure successful program completion, job placement, and goal attainment. The case manager will oversee the participant’s progress in his/her training activities, and provide counseling, guidance, and crisis intervention.

Program Goals include:
 Referrals to community resources
 Tracking progress on the job
 Increase youth employment to secure a better-paying job  Career pathway development and further education planning or training  Assistance with job/work-related problems
 Adult mentoring
 Leadership development
 Supportive services
 Strengthen local government capacity to address community challenges In those instances, when youth participants will engage in paid work experience outside the direct supervision of the OCCC, the OCCC shall develop worksites that will provide youth with meaningful work experiences with capable, trained supervisors. Each worksite shall receive a supervisor orientation and a copy of a worksite agreement. • The OCCC shall develop a worksite agreement following established City guidelines, for each worksite training site developed and used for the youth work experience. Worksite supervisors shall receive an orientation regarding City Council 16 – 72 5/21/2024
EXHIBIT 2
their roles and responsibilities and the intent and purpose of the program. A copy of the executed worksite agreement and evidence of the orientation is to be maintained on file and a copy is given to each worksite supervisor.

The OCCC shall ensure that the services are provided in a manner that is sensitive to literacy, language, and socio-cultural issues, which may impact the participants. They shall have or employ staff who will provide services in the participant’s language or obtain interpreters when necessary. OCCC staff shall be trained in cultural differences to ensure their ability to recognize and help participants who demonstrate language or cultural barriers to employment.

The OCCC must certify that it will comply with the California Drug-Free Workplace Act of 1990.

City Council 16 – 73 5/21/2024
EXHIBIT 2
Orange County Conservation Corps
Californians For All Youth Job Corps
Proposal
PY 2024 (May 2024 – August 2024, 4 months)
BUDGET NARRATIVE – 4 Months
Administrative Staff – .25 FTE & Benefits– $15,304 or 6.12% of budget Administrative staff consists of a small:

Chief Executive Officer 5% FTE - to oversee the organizational development and provide leadership.

Chief Financial Officer 10% FTE - to perform various administrative functions including; general & financial management, payroll, accounts payable and office coordination.

Accounts Payable 10% FTE - to perform various administrative functions including; processing invoices and executive office support.

Taxes and benefits include state unemployment at 6.2% of first $7,000 earned, 7.65% FICA, workers compensation, retirement plan and health benefits.

Programmatic Staff – 2.85 FTE – $78,563 or 31.43% of budget Program staff consists of up to 9 individuals of which 1 Program Specialist will be exclusively dedicated to ensure the programmatic success of the grant which includes recruit, enroll youths and overall case management. Other programs staff will be involved to provide overall support, leadership, management, coordination, daily supervision, work experience, training engagement and mentorship of enrolled youths.

Program Specialist – 110% FTE: fully responsible for the success of grant Director of Operations – 10% FTE: WEX project acquisition and management Operations Manager – 10% FTE: WEX daily projects management Payroll Specialist – 10% FTE: WEX tracking and processing of timesheets IT Manager – 10% FTE: Tracking and reporting of participants activities Program Manager – 10-% FTE: supervise all aspect of programs including WEX Crew Supervisor I – 125% FTE: WEX project supervision and mentorship Taxes and benefits include state unemployment at 6.2% of first $7,000 earned, 7.65% FICA, workers compensation, retirement plan and health benefits.

Participant Wages, Taxes and Benefits – $131,062 or 52.42% of budget Wages are paid directly to carried-in and new participants who earn a minimum of $16.00 per hour and are scheduled to work up to 29 hours per week while enrolled in our program. Taxes and workers compensations are directly associated with participants wages and are paid by the Corps. Up to 40 participants averaging 29 hours per week average @$16 per hour, NOT including any additional leveraged wages by OCCC. Additional costs include taxes, workers compensation, sick pay and eligible retirement contribution.

City Council 16 – 74 5/21/2024
EXHIBIT 2
Orange County Conservation Corps
Californians For All Youth Job Corps
Proposal
PY 2024 (May 2024 – August 2024, 4 months)
Support Services and Incentives – $18,270 or 7.31% of budget Supportive Services for carried-in and new participants mainly include uniforms, bus passes, gas reimbursements and incentives. Other supportive service may include hotel voucher, car repair, tattoo removal, dress for success, material and supply for certification training and any other related costs in helping the participants to successfully complete the program. Incentives are costs associated with prepaid cards given directly to the participants for successfully completing or accomplishing certain required or encouraged milestones. These include obtaining certification, earning a high school diploma and other milestones.

Operational Support - $6,800 or 2.72% of budget
Operational support include facility related, proportional cost of facility lease, maintenance and miscellaneous supplies. Other include insurance, telecom, utilities and transportation related expenses.

Budget Summary
Overall, almost 59.73% of the budget is directly benefiting the participants in form of wages, supportive service (gas reimbursement, uniforms, gears) and incentives (prepaid cards).

Over 93% of the budget is geared toward programmatic expenses, where less than 7% is directed to administrative costs.

In addition to the budget, the Corps will also be leveraging of various costs associated with operating the program throughout and at the end of grant so that our participants services will not end abruptly once the contract ends.

Tracking
OCCC uses timesheets to track all participant hours in additional and/or daily field sign-in sheet.

Time cards are generated bi-weekly and are signed off by participants with the corresponding supervisor. Various labor distribution reports are used to track participant hours and earnings.

Incentives and supportive services are requested through an applicable form with proper approval before they are delivered. Incentives and supportive services report can be generated at will from our tracking databases.

Subcontracting – OCCC does not subcontract any obligations or duties in this proposal.

City Council 16 – 75 5/21/2024
EXHIBIT 2
Orange County Conservation Corps
Youth Jobs Corps
Program Year 2024
May 2024 ‐ August 2024 (4 Months)
City of Santa Ana
Staff Salaries & Wages
Chief Executive Officer
Chief Financial Officer
Accounts Payable
% FTE

5.00%
$ FTE Taxes & Benefits Sub-Total Totals
K. Muniz
T. Huynh
N. Hirales
3,916.00 783.20
1,396.93
370.60

10.00%

10.00%
6,984.67
1,853.00
Total Administrative 12,753.67 2,550.73 15,304.40 6.12% Director of Operations
Project Manager
Payroll Specialist
IT Manager
J. Volp
J. Newton
S. Cortez
P. StOnge
TBD

10.00%

75.00%

50.00%

10.00%
100.00%

10.00%
4,872.67
4,438.00
2,579.33
4,544.00
14,352.00
9,568.00
3,188.67
19,933.33
1,993.33
974.53
887.60
515.87
908.80
Supervisor I 2,870.40
1,913.60
637.73
Supervisor II TBD
Programs Manager/Supervisor
Program Specialist
Program Specialist
S Soria
TBD 3,986.67
TBD 398.67
Total Programatic & WEX Management 65,469.33 13,093.87 78,563.20 31.43% Avg WEX # hrs/wk Wages & Benefits
Participants WEX & Supportive Services
Wages $ 108,631.00
Taxes, WC & Benefits 22,431.40 131,062.40 52.42%
Supportive Services and Incentives
Supportive Services (Trainings and Supportive Services) Uniforms & Gears
10,800.00
4,770.00
Incentives 2,700.00 18,270.00 7.31%
Operational Support # Months Avg. Month
Facilities Related and Supplies (lease, janitorial, maint, office & field supplies etc…) 4 750.00
350.00
300.00
300.00
3,000.00
1,400.00
1,200.00
1,200.00
Insurance (liab, D&O, excess) 4
4 4
Telecom and Utilities
Transportations (leasing, insurance, maintenance, fuel) 6,800.00 2.72%
Total Proposed Budget 250,000.00 100.00%
City Council 16 – 76 5/21/2024
EXHIBIT 2
From:

To:

City of Santa Ana
Goodson, Audrey
Subject:

Date:

Internal Notice of Compliance
Wednesday, January 17, 2024 3:40:54 PM

NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor
Name:

Project
Number:

Project
Name:

Orange County Conservation Corps
A-2022-127-01
Extension of Agreement Under The Workforce Innovation
and Opportunity Act (A-2022-127)
The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements.

The compliant coverage(s) are:

POLICY
NUMBER

EXPIRATION

DATE TYPE OF INSURANCE

ABUSE & MOLESTATION

AUTOMOBILE LIABILITY

GENERAL LIABILITY

COI DATE FILE NAME
OCCC PAC515468019
CAP099124910
PAC515468019
NPUWCG0012024
10/01/2024
10/01/2024
10/01/2024
01/01/2025
10/02/2023
10/02/2023
10/02/2023
12/14/2023
10012024.pdf
OCCC
10012024.pdf
OCCC
10012024.pdf

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

OCCC WC
01012025.pdf
No further action is required at this time.

Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
1/17/2024 6:40 PM
City Council 16 – 77 5/21/2024
Information Technology Department
www.santa-ana.org/information-technology
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: On-Call Network Cabling Services

AGENDA TITLE
Amend Agreements for On-Call Network Cabling Services (Specification No. 22-032) (Non-General Fund)

RECOMMENDED ACTION
Amend agreements with American Integrated Security Group Inc., Pacific Coast Cabling Inc., and Pratt Communications Inc. to increase the aggregate agreement amount by $900,000, for a revised aggregate amount not to exceed $1,500,000 for the remainder of the current three-year period and the remaining optional one-year renewals (Core Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On August 16, 2022 at the conclusion of a competitive bidding process, the City entered into three-year aggregate agreements with American Integrated Security Group, Inc., Pacific Coast Cabling, Inc., and Pratt Communications, Inc. with provisions for three one-year renewals. The purpose of these agreements was to provide cabling services from private sector firms on an operational and project need basis to assist in upgrading, replacing, and implementing low voltage cabling infrastructure. These original agreements were awarded in an annual amount not to exceed $100,000, for a total aggregate amount not to exceed $600,000 if all options are executed.

Staff requests an amendment to increase the agreement amounts in order to accommodate the higher-than-expected demand for cabling services resulting from City remodeling projects and new IT projects. Several City facilities, including City Hall, the Ross Annex, all library locations, and the City Yard are currently undergoing extensive renovations. Each of these projects include reconfiguration of office spaces, modifications to existing floor plans, and the addition of workstations that require voice and data communication services that require new cabling. In addition, the Information Technology Department (IT) has just started a project to refresh the City’s Wireless network and it is expected that extensive cabling will be needed to support that project.

City Council 17 – 1 5/21/2024
On-Call Network Cabling Services
May 21, 2024

Page 2 ends

FISCAL IMPACT
Funding is available in the FY 2023-24 budget for an estimated amount of $150,000 in various departmental Professional Services Expense account (no. 62300). Future fiscal year funding will be included in the proposed budgets for City Council consideration.

The exact amount spent in each fiscal year can only be estimated. The estimated notto-exceed amounts for each year of the blanket agreements would be as follows:

Fiscal Year Agreement Term
Estimated NotTo-Exceed
Amount
2023-2024 August 16, 2023 - June 30, 2024 150,000
2024-2025 July 1, 2024 - June 30, 2025 300,000
2025-2026 July 1, 2025 - June 30, 2026 (Optional) 300,000 2026-2027 July 1, 2026 - June 30, 2027 (Optional) 300,000 2027-2028 July 1, 2027 - June 30, 2028 (Optional) 300,000 2028-2029 July 1, 2028 - August 16, 2028 (Optional) 150,000 Total 1,500,000

EXHIBIT(S)

1. Agreement with American Integrated Security Group, Inc.

2. Agreement with Pacific Coast Cabling, Inc.

3. Agreement with Pratt Communications, Inc.

Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, Acting City Manager
City Council 17 – 2 5/21/2024
City Council 17 – 3 5/21/2024
City Council 17 – 4 5/21/2024
American Integrated Security Group - 1st
Amendment (CAO signed) Vendor signed
Final Audit Report 2024-05-13
Created: 2024-05-13
By: MELANIE TORRES ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAjybrOk71Oidn6Svevs7eOTGP8Eb3U486 "American Integrated Security Group - 1st Amendment (CAO sig ned) Vendor signed" History
Document created by MELANIE TORRES ([email protected]) 2024-05-13 - 4:42:00 PM GMT
Document emailed to Jack Ciulla ([email protected]) for signature 2024-05-13 - 4:42:07 PM GMT
Email viewed by Jack Ciulla ([email protected])
2024-05-13 - 4:43:38 PM GMT
Document e-signed by Jack Ciulla ([email protected]) Signature Date: 2024-05-13 - 4:43:49 PM GMT - Time Source: server Agreement completed.
2024-05-13 - 4:43:49 PM GMT
City Council 17 – 5 5/21/2024

Page 1 of 2 ends

FIRST AMENDMENT TO AGREEMENT WITH PACIFIC COAST CABLING, INC.

TO PROVIDE ON-CALL NETWORK CABLING SERVICES
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on May 21, 2024, by and between Pacific Coast Cabling, Inc., a California corporation (“Contractor”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On August 16, 2022, Contractor was one of three selected vendors awarded an agreement to provide on-call network cabling services for the City’s Information Technology Department pursuant to RFP 22-032. Contractor entered into Agreement No. A-2022-153- 02 to provide said services. (“Agreement”).

B. The Agreement is current and in-effect, and expires on August 16, 2025, with options to extend the term of the Agreement for up to three (3) additional one-year periods.

C. Each awarded vendor shares in an aggregate compensation pool for services provided. City neither warrants nor guarantees any minimum or maximum compensation to Contractor and Contractor is paid only for services performed under the terms of the Agreement.

D. During the course of the Agreement, upgrades and renovations to City Hall and other City facilities have increased the need for network cabling services beyond the budgets projected when the RFP and agreements were awarded.

E. The parties now wish to amend the Compensation section in the Agreement to increase the total not-to-exceed amount due under the Agreement and remove the annual compensation language from the Agreement. No other changes are contemplated by this First Amendment.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to read as follows:

City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of three (3) contractors selected to provide network cabling services on an on-call basis under RFP 22-032.

The total aggregate amount to be expended during the term of this Agreement, including any extension periods, shall not exceed One Million, Five Hundred Thousand Dollars and Zero Cents ($1,500,000).

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

DocuSign Envelope ID: AAF416CD-C448-477C-B3E3-31ABB287DBDD City Council 17 – 6 5/21/2024

Page 2 of 2 ends

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

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager

APPROVED AS TO FORM CONTRACTOR
Sonia R. Carvalho
City Attorney
By: ___________________________ _______________________________ Kyle Nellesen By:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Jack Ciulla
Chief Technology Innovations Officer
Information Technology
DocuSign Envelope ID: AAF416CD-C448-477C-B3E3-31ABB287DBDD Pat Abruzzese
Pacific Coast Cabling, Inc. d.b.a. PCC Network Soluti
VP of Finance
City Council 17 – 7 5/21/2024
City of Santa Ana PO# A-2022-153-02
Final Audit Report 2024-05-07
Created: 2024-05-07
By: MELANIE TORRES ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAT2f1iZrLieTMdc8jp60Hn3BF0paaAWHh "City of Santa Ana PO# A-2022-153-02" History
Document created by MELANIE TORRES ([email protected]) 2024-05-07 - 10:49:24 PM GMT
Document emailed to Jack Ciulla ([email protected]) for signature 2024-05-07 - 10:49:28 PM GMT
Email viewed by Jack Ciulla ([email protected])
2024-05-07 - 10:52:24 PM GMT
Document e-signed by Jack Ciulla ([email protected]) Signature Date: 2024-05-07 - 10:52:49 PM GMT - Time Source: server Agreement completed.
2024-05-07 - 10:52:49 PM GMT
City Council 17 – 8 5/21/2024

Page 1 of 2 ends

FIRST AMENDMENT TO AGREEMENT WITH PRATT COMMUNICATIONS, INC.

TO PROVIDE ON-CALL NETWORK CABLING SERVICES
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on May 21, 2024, by and between Pratt Communications, Inc., a California corporation (“Contractor”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

B. The Agreement is current and in-effect, and expires on August 16, 2025, with options to extend the term of the Agreement for up to three (3) additional one-year periods.

The Parties therefore agree:

1. Section 2.a., Compensation, is amended to read as follows:

City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of three (3) contractors selected to provide network cabling services on an on-call basis under RFP 22-032.

The total aggregate amount to be expended during the term of this Agreement, including any extension periods, shall not exceed One Million, Five Hundred Thousand Dollars and Zero Cents ($1,500,000).

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

City Council 17 – 9 5/21/2024

Page 2 of 2 ends

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

ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager

APPROVED AS TO FORM CONTRACTOR
Sonia R. Carvalho
City Attorney
By: ___________________________ _______________________________ Kyle Nellesen By:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL
________________________________
Jack Ciulla
Chief Technology Innovations Officer
Information Technology
City Council 17 – 10 5/21/2024
Parks, Recreation and Community Service Agency
www.santa-ana.org /parks-recreation
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 21, 2024
TOPIC: Movies in the Park
TITLE
Agreement with Ultimate Entertainment, LLC dba Mega Outdoor Movies for Outdoor Movie Services (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Ultimate Entertainment, LLC to provide outdoor movie services at the “Movies in the Park” series for a term from June 1, 2024 through May 31, 2026, with three, one-year renewal options, for a total amount not to exceed $200,000 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Parks, Recreation, and Community Services Agency has put together a series of “Movies in the Park” events for the community. Ultimate Entertainment, LLC was selected through a competitive Request for Proposals (RFP) process to provide services such as portable screens, sound systems, secondary Bluetooth player to synchronize Bluetooth headphones with translation services, and licensing for movies selected by City staff. The selected vendor will provide additional services such as inflatables or activities that will be available to the community prior to the start of the movies. The “Movies in the Park” series consists of seven different movie nights in June and July, with a potential to have additional movie events in the fall and winter.

Request for Proposals (RFP) No. 24-008 was issued on February 27, 2024 on the City’s online bid and management publication system. A summary of the invitation for bids and bids received follows:
169 Vendors notified
5 Santa Ana vendors notified
26 Vendors downloaded the bid packet
5 Bid received
0 Bids received from Santa Ana vendors
City Council 18 – 1 5/21/2024
Movies in the Park
May 21, 2024

Page 2 ends

The proposal was evaluated according to the criteria listed in the RFP, which includes vendor responsiveness, experience, the fee proposal, and references to ensure that the proposal met the standards of the department. Due to previous events with Ultimate Entertainment, LLC, City staff is confident that the vendor will continue to provide quality services for our City events.

FISCAL IMPACT
Funds are budgeted and available in the following account for the current year and will be budgeted and made available for the following years, subject to City Council approval.

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit, Account
Description
Amount
FY 23-24 01113230-62300 General Fund PRCSA- Recreation and Community ServicesContractual Services
Professional
$20,000
FY 24-25 01113230-62300 General Fund PRCSA- Recreation and Community ServicesContractual Services
Professional
$40,000
FY 25-26 01113230-62300 General Fund PRCSA- Recreation and Community ServicesContractual Services
Professional
$40,000
FY 26-27 01113230-62300 General Fund PRCSA- Recreation and Community ServicesContractual Services
Professional
$40,000
FY 27-28 01113230-62300 General Fund PRCSA- Recreation and Community ServicesContractual Services
Professional
$40,000
FY 28-29 01113230-62300 General Fund PRCSA- Recreation and Community ServicesContractual Services
Professional
$20,000
Total $200,000

EXHIBIT(S)

1. Agreement
Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services
Approved By: Alvaro Nuñez, Acting City Manager
City Council 18 – 2 5/21/2024

Page 1 of 11 ends

CITY OF SANTA ANA

AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE

OUTDOOR MOVIE SERVICES
THIS AGREEMENT is made and entered into this 21th day of May, 2024 by and between Ultimate Entertainment, LLC, a California limited liability company (hereinafter “Contractor”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “City”).

RECITALS
A. On February 27, 2024, the City issued Request for Proposal (“RFP”) 24-008 seeking proposals from qualified contractors to provide specialized services of providing outdoor movie services for the City’s Movies in the Park events.

B. Contractor submitted a timely and responsive proposal which was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in the RFP.

C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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
a. Contractor shall perform, during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in the scope of work included in RFP No. 24-008, which is attached hereto as Exhibit A and incorporated by reference, and as delineated in Contractor’s proposal, which is attached hereto as Exhibit B and incorporated by reference. b. In the event of an inconsistency among the provisions of this Agreement and any of its exhibits, such inconsistency shall be resolved by giving precedence in the following order:
(1) This Agreement;
(2) The scope of services included in RFP No. 24-008 and attached as Exhibit A;
City Council 18 – 3 5/21/2024

Page 2 of 11 ends

(3) Contractor’s proposal, attached as Exhibit B.

2. COMPENSATION
a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, for services actually performed at events mutually agreed upon by the parties in a signed writing. The total amount of this Agreement shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000).
b. Payment of deposit of half of the proper invoice for a mutually agreed upon event, shall be processed and paid to Contractor prior to such mutually agreed upon event, following City’s receipt of the proper invoice for such mutually agreed upon event.

In the event Contractor fails to provide a proper invoice for a mutually agreed upon event at least one (1) week prior to the mutually agreed upon event, then payment shall be paid in full, subject to City’s accounting procedures, within forty-five (45) days following City’s receipt of the proper invoice for a mutually agreed upon event.
c. Remaining balance for a mutually agreed upon event shall be paid within forty-five (45) days following the date of the mutually agreed upon event, subject to City accounting procedures.
d. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor’s account(s) with financial institutions.
e. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on June 1, 2024 and expire on May 31, 2026, with the option for the City to grant up to three (3) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor City Council 18 – 4 5/21/2024

Page 3 of 11 ends

performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

6. INSURANCE
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
a. MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
(1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and nonowned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

City Council 18 – 5 5/21/2024

Page 4 of 11 ends

(3) Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (4) Professional Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.
(5) Broader Coverage. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. b. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
(1) Additional Insured Status. The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used).
(2) Primary Coverage. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (3) Notice of Cancellation. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. (4) Waiver of Subrogation. Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer.

City Council 18 – 6 5/21/2024

Page 5 of 11 ends

(5) Self-Insured Retentions. Self-insured retentions must be declared to and approved by the Entity. The Entity may require theContractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.
(6) Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’srating of no less than A:VII, unless otherwise acceptable to the Entity. (7) Claims-Made Policies. If any of the required policies provide claims-made coverage:
a. The retractive date must be shown, and must be before the date of the Agreement or the beginning of work performed under the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work under the Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
(8) Verification of Coverage. Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins.

However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them.

The Entity reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time.
(9) Subcontractors. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

City Council 18 – 7 5/21/2024

Page 6 of 11 ends

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

7. INDEMNIFICATION
Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.

This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.

Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

9. BACKGROUND CHECK REQUIREMENTS
Contractor shall not assign any employee, agent, subcontractor or volunteer to provide services pursuant to this Agreement, if that employee, agent, subcontractor or volunteer is required to register as a sex offender under California Penal Code Section 290 et seq, has a conviction for any crime of moral turpitude, has a conviction for a violent felony as defined in California Penal Code Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206, 207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, City Council 18 – 8 5/21/2024

Page 7 of 11 ends

288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314, 347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729. Failure to comply with this Section shall be grounds for immediate termination of this Agreement.

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

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

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

13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic City Council 18 – 9 5/21/2024

Page 8 of 11 ends

communication in the manner provided in this Section, to the following persons:

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

Executive Director,
Parks, Recreation and
Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-4211
To Contractor: Ultimate Entertainment, LLC
Attn: Steven Nero, President
12104 Park St.

Cerritos, CA 90703
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

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

City Council 18 – 10 5/21/2024

Page 9 of 11 ends

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

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

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

18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

City Council 18 – 11 5/21/2024

Page 10 of 11 ends

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page follows]
City Council 18 – 12 5/21/2024

Page 11 of 11 ends

SIGNATURE PAGE FOR

AGREEMENT WITH ULTIMATE ENTERTAINMENT, LLC, TO PROVIDE

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

ATTEST CITY OF SANTA ANA
_______________________ _________________________
Jennifer L. Hall Alvaro Nunez
City Clerk Acting City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _____________________
Brandon Salvatierra
Deputy City Attorney
RECOMMENDED FOR APPROVAL: CONTRACTOR
__________________________ __________________________
Hawk Scott Steven Nero
Executive Director, President
Parks, Recreation and
Community Services Agency
Steve Nero (May 7, 2024 21:47 PDT)
Steve Nero
City Council 18 – 13 5/21/2024

EXHIBIT A
City Council 18 – 14 5/21/2024

CITY OF SANTA ANA
The Consultant shall perform services as set forth below.

I. GENERAL CONTRACTOR REQUIREMENTS
A. Acquire proper licensing for approved movies to be presented at each event. • The City shall choose which movies will be presented at each event.

B. Provide knowledgeable, professional, and sufficient staff, operators, and supervision required to deliver successful Movies in the Park for seven (7) consecutive weeks in the months of June and July of every year and any additional events requested by the City. The City may make adjustments to this schedule if needed with sufficient notice to Contractor.

C. Operator must remain onsite the entire duration of each movie event.

D. Contractor must provide all contractor staff an identifying uniform shirt to be work at all events performed under this contract for the City.

E. Provide movie screen, generator, projector, and all projection, sound equipment and cables required for delivery of services as specified herein.
• Minimum movie screen size must be 25’ x 15’’
• Projector system must be able to play Blu-Ray, DVD, and allow HDMI connection for external laptop at minimum.
• Projector system must be at least 5500 Lumens.

F. Movie Run Time: All movies must be 120 minutes or less starting at sunset.

G. Set up and tear down movie screen, sound system, and any additional items and equipment needed to present a high-quality outdoor movie experience. This includes delivery and pick up service of all items.

H. Provide movie options that may be listened to in Spanish. • Provide a secondary Bluetooth player or related equipment necessary to simultaneously play City-supplied Bluetooth headsets that provide the ability for patrons who wish to listen to the movies featured in Spanish.

I. Provide a 1000-watt speaker with a microphone to allow City staff and designees to address patrons prior to the movie screening.

J. Expected Crowd Size: 500-1500 people per movie event.

EXHIBIT I

SCOPE OF SERVICES
City Council 18 – 15 5/21/2024

CITY OF SANTA ANA
K. Location of Events:

Event Date Location Address
June 7, 2024 Memorial Park 2102 S Flower St, Santa
Ana, CA 92707
June 14, 2024 Adams Park 2302 S Raitt St, Santa Ana,
CA 92704
June 21, 2024 Roosevelt-Walker
Community Center
816 E Chestnut Ave, Santa
Ana, CA 92701
June 28, 2024 El Salvador Park 1825 W Civic Center Dr,
Santa Ana, CA 92703
July 12, 2024 Heritage Park 4812 W Camille St, Santa
Ana, CA 92704
July 19, 2024 Rosita Park 706 N Newhope St, Santa
Ana, CA 92703
July 26, 2024 Santa Ana Zoo at Prentice
Park
1801 E Chestnut Ave, Santa
Ana, CA 92701
II. SCHEDULES AND DEADLINES
A. Set-up: Friday on day of event up to two hours prior to the screening.

B. Clean-up: All movie equipment must be cleaned up and removed immediately following the ending of each movie.

C. Movies in the Park begins on Friday, June 7, 2024, and will continue weekly on Friday evenings until the last Friday of July 2024. There may be an additional 2 movie events in the Fall and Winter that will be scheduled upon award of this agreement.

The 2024 Movies in the Park series dates are as follows, although the City reserves the right to add, delete, or replace shows with other events according to the City’s needs and available budget:

1. June 7, 2024

2. June 14, 2024

3. June 21, 2024

4. June 28, 2024

5. July 12, 2024

6. July 19, 2024

7. July 26, 2024
Any movies that are cancelled by the City due to unfavorable weather conditions must be rescheduled on a mutually agreed upon by the City and Contractor at no additional costs.

III. ADDITIONAL INDIVIDUAL SERVICES
Contractor shall propose additional elements that they can provide for each event, such as City Council 18 – 16 5/21/2024

CITY OF SANTA ANA
inflatables and other features for family entertainment prior to the commencement of movie screenings on the evening of each Movies at the Park event.

A. Additional individual services can be priced individually as a la carte items. The City may add any of the items proposed for any of the scheduled or added events at its discretion.

B. The City may request additional elements to enhance Movies in the Park on an as-needed basis. This may include inflatable jumpers, a bounce house or other games, dances, and entertainment for families for up to two hours immediately prior to the screening. Addition of proposed items will be determined at the discretion of the Project Manager.

City Council 18 – 17 5/21/2024

EXHIBIT B
City Council 18 – 18 5/21/2024

2024

PROPOSAL FOR MOVIES IN THE PARK

STEVEN NERO
MEGA OUTDOOR MOVIES | 12104 Park St, Cerritos, CA
City Council 18 – 19 5/21/2024
Mega Outdoor Movies
Table of Contents
A. Cover Letter ..........................................................................................................................................2 B. Services Provided .................................................................................................................................4 General Contractor Requirements............................................................................................................5 Schedules and Deadlines ..........................................................................................................................6 Additional Individual Services...................................................................................................................6 C. Agreement Statement..........................................................................................................................8 D. Firm and Team Experience .................................................................................................................18 E. Proposed Work Plan...........................................................................................................................21 F. References ..........................................................................................................................................23 Cost Proposal..............................................................................................................................................25 Minimum Lump Sum Proposal................................................................................................................26 Additional Movie Night Proposal ............................................................................................................26 Lump Sum Proposal Including Additional Elements...............................................................................27 Additional Movie Proposal Including Additional Elements.....................................................................28 A La Carte Items Rate per 4 hours...........................................................................................................28 Certifications...............................................................................................................................................30 A. PROPOSER’S CERTIFICATION, PROPOSAL PRICING........................................................................32 C. PROPOSERS STATEMENT ................................................................................................................33 D. NON-COLLUSION AFFIDAVIT ..........................................................................................................34 E. NON-LOBBYING CERTIFICATION.....................................................................................................35 F. NON-DISCRIMINATION CERTIFICATION .........................................................................................36 City Council 18 – 20 5/21/2024
A. Cover Letter
City Council 18 – 21 5/21/2024
Monique Leon
Recreation & Community Services Supervisor
City of Santa Ana – Parks, Recreation and Community Services 20 Civic Center Plaza, M-23
Santa Ana, CA 92701
Dear Ms. Leon,
I am writing on behalf of Ultimate Entertainment LLC, dba Mega Outdoor Movies, the leading provider of outdoor Movie solutions in Southern California. As the authorized representative of Mega Outdoor Movies, I am excited to submit our proposal for the "Movies in the Park" series organized by the City of Santa Ana's Parks, Recreation and Community Services Agency.

Mega Outdoor Movies specializes in delivering high-quality outdoor movie experiences, and we are enthusiastic about the opportunity to bring our expertise to the Santa Ana community. As the leading entity in the outdoor entertainment industry, our company is equipped to meet the requirements outlined in your request for proposals.

Our team is committed to delivering exceptional service and ensuring the success of each movie night.

With our inflatable screens, state-of-the-art projectors and sound systems, and innovative technology, we aim to provide memorable experiences for residents and families throughout the summer.

Thank you for considering Mega Outdoor Movies for this opportunity. We look forward to the possibility of working together as a partner and are available to provide any additional information or clarification you may require.

Sincerely,
Steven Nero
President
Mega Outdoor Movies
City Council 18 – 22 5/21/2024
B. Services Provided
A.

City Council 18 – 23 5/21/2024
General Contractor Requirements
A. Licensing and Movie Selection Mega Outdoor Movies will acquire proper licensing for approved movies selected by the city for each event.

B. Staffing and Supervision We do over 700 outdoor movies a year in Southern California. We have been doing outdoor movies for over 10 tears and we are also the manufacturer of the screens. We commit to providing trained, knowledgeable, professional, and sufficient staff, operators, and supervision to ensure the successful execution of Movies in the Park for seven consecutive weeks in June and July, as well as any additional events requested by the City. We acknowledge the City's authority to adjust the schedule with adequate notice. We will have at least 4 people at every event lead by Jorge Cabrera our operations manager who has been with us for over 10 years. I, Steve Nero, will also personally be at most events.

C. Onsite Presence Our operators will remain onsite for the entire duration of each movie event.

D. Uniforms All contractor staff will wear identifying uniform shirts at every event performed under this contract for the City.

E. Equipment Provision Mega Outdoor Movies will provide the necessary equipment, including a commercial inflatable movie screen manufactured in the USA (minimum size: 25' x 15'), generator, projector compatible with Blu-Ray, DVD, and HDMI connections, and sound equipment meeting a minimum of 5500 Lumens. We will actually upgrade you to an 11,000-lumen projector and 4 speakers for a better picture and sound experience. We will ensure the setup and operation of all equipment for a high-quality outdoor movie experience.

F. Movie Run Time While movies are expected to be less than 120 minutes, we will arrive at least 2 hours prior to the start of the event, ensure everything is set up and sound is playing 1 hour before start of the event and do everything possible to ensure a quality movie experience.

G. Setup and Tear Down Our team will handle the setup and tear down of the movie screen, sound system, and any additional equipment required for the events, including delivery and pickup services.

H. Multilingual Options To cater to diverse audiences, we will provide movie options with Spanish audio.

Additionally, we will supply a secondary Bluetooth player for patrons to listen to movies in Spanish using City-supplied Bluetooth headsets.

I. Public Address System We will provide a 1000-watt speaker with a microphone to allow City staff and designees to address patrons before the movie screening.

City Council 18 – 24 5/21/2024
Schedules and Deadlines
A. Set-up: Mega Outdoor Movies will ensure prompt setup of all equipment on the day of each event, arriving up to two hours prior to the scheduled screening time.

B. Clean-up: Following the conclusion of each movie, Mega Outdoor Movies commits to promptly dismantling and removing all movie equipment from the site to ensure the area is left clean and ready for public use.

C. Event Dates: The 2024 Movies in the Park series will commence on Friday, June 7, 2024, and continue weekly on Friday evenings until the last Friday of July 2024. Additionally, Mega Outdoor Movies acknowledges the possibility of up to two additional movie events in the Fall and Winter, to be scheduled upon the agreement's award.

Movie Schedule:

1. June 7, 2024

2. June 14, 2024

3. June 21, 2024

4. June 28, 2024

5. July 12, 2024

6. July 19, 2024

7. July 26, 2024
In the event of any cancellations due to unfavorable weather conditions, Mega Outdoor Movies agrees to collaborate with the City to reschedule the movie on a mutually agreed-upon date at no additional cost to the City.

Additional Individual Services
Ultimate entertainment dba Mega Outdoor Movies, also owns Ultimate Party Jump and the Fun Company, allowing us to uniquely offer a wide range of additional elements to enhance each Movies in the Park event. Ultimate party jump and the Fun Company have over 300 inflatables, rides and attractions. Together we are the largest outdoor event company in Southern California. Our combined expertise allows us to create unforgettable experiences for families prior to the commencement of movie screenings.

A. A La Carte Options: Mega Outdoor Movies, The Funco Company and Ultimate Party Jump provide a variety of individual services that can be tailored to suit the specific needs of each event. These services are priced individually, allowing the city to select and add items as desired.

City Council 18 – 25 5/21/2024
B. Enhanced Family Entertainment: At the discretion of the City, Mega Outdoor Movies, The Fun Company and Ultimate Party Jump can incorporate additional elements to transform Movies in the Park into a vibrant carnival-like atmosphere. Our offerings may include inflatable jumpers, bounce houses, games, carnival rides, dances, and other entertainment options, all designed to engage families and create excitement leading up to the movie screenings.

Our partnership ensures seamless coordination and the ability to adapt to the City's needs on an asneeded basis. With Mega Outdoor Movies providing outdoor movie solutions and The Fun Company and Ultimate Party Jump offering inflatable rentals and entertainment services, we are well-equipped to enhance each event and exceed expectations.

The addition of proposed items will be determined collaboratively with the Project Manager, ensuring that each Movies in the Park event is unique and memorable for attendees of all ages.

City Council 18 – 26 5/21/2024
C. Agreement Statement
B.

City Council 18 – 27 5/21/2024

CONSULTANT AGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this __20th___day of_March___ , 2024 by and between ___Ultimate Entertainment LLC dba Mega Outdoor Movies_____________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

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

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

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

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

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

2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
c.

3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a two (2) year term with the option for the City to grant up to a three, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow City Council 18 – 28 5/21/2024
the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

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

6. INSURANCE (Subject to revision per RMD requirements) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

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

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

City Council 18 – 29 5/21/2024

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

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

Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

City Council 18 – 30 5/21/2024
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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

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

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just City Council 18 – 31 5/21/2024
compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisionswith respectto itsrepresentation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

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

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

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

City Council 18 – 32 5/21/2024

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

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

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties.

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

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay City Council 18 – 33 5/21/2024
Consultant compensation for all services performed by consultant prior to receipt of such notice of termination, subject to the following conditions:
a) As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b) Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.

17. JURISDICTION – VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

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

19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:

City Council 18 – 34 5/21/2024
To City:

Clerk of the City Council City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988 Fax: 714- 647-6956
With courtesy copies to:

Executive Director,_______Agency
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702 Fax:

To Contractor:

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

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

City Council 18 – 35 5/21/2024

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

This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c) All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST: CITY OF SANTA ANA
________________________ __________________________
Jennifer L. Hall Tom Hatch
City Clerk Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By: ___________________________
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
___________________________________
Hawk Scott Executive Director
Parks, Recreation and Community Services Agency
(name)
(title)
City Council 18 – 36 5/21/2024
D. Firm and Team Experience
City Council 18 – 37 5/21/2024
I. Firm Profile: Ultimate Entertainment LLC dba Mega Outdoor Movies is the leading provider of outdoor entertainment solutions in Southern California. We specialize in creating memorable experiences for communities across California. With a dedicated team of professionals, we pride ourselves on delivering top-quality services tailored to the unique needs of each client. We have been doing outdoor movies for over 10 years, we do over 700 movies a year and we have a team of over 10 full time and over 50 part time employees. For the Santa Ana Movies in the park program we will have a team of 4 to 10 people depending on the additional elements to enhance the movies in the park program.

II. Firm Locations: Our nearest address serving the City of Santa Ana is our headquarters in Cerritos, 12104 Park St., Cerritos, CA 90703.

III. Project Manager/Principal Agent: The supervising Project Manager/Principal Agent assigned to this agreement is Steven Nero, the President. As the primary contact person representing Mega Outdoor Movies, Steven brings decades of experience to the table and will oversee all aspects of the project. Steven will also be available to conduct presentations and liaise with the City of Santa Ana as needed. You can reach out to him at [email protected] or (714) 231-2779 IV. Key Staff Resumes:

Steve Nero – President
Education: BSEE Worcester Polytechnic Institute 1988, MBA Duke University 2002 Experience: 1988-2002 various engineering management roles including 8 years as VP of marketing and Engineering for ADAC LABS, a medical imaging company in Milpitas, CA
2003-2012 President of Star Trac Fitness Equipment Manufacturer in Irvine, CA 2012-2024 Owner and President of eInflatables – inflatable Manufacturer • eInflatables manufactures the inflatable screens, as well as over 300 different inflatable rides and attractions that are sold to party rental companies all over the world.
2013-2024 Owner and President of Ultimate Entertainment dba Mega Outdoor Movies
• Mega Outdoor Movies does over 500 Movies in Southern California, we do all the movies for almost all the cities in San Diego County and many of the cities in Los Angeles County and Orange County. We have the most screens, projectors, equipment and staff of any outdoor movie company in California
2013-2024 Owner and President of Ultimate Entertainment LLC dba Ultimate Party Jump
City Council 18 – 38 5/21/2024
• Ultimate Party Jump is an inflatable rental company that provides inflatables in LA and Orange County
2023-2024 Owner and President of Ultimate Entertainment LLC dba The Fun Company
• The Fun Company is an event Production company that Provides rides, games and attractions including carnival rides throughout Southern California
Jorge Cabrera – Operations Manager
Experience: 2012- 2019 Various manufacturing roles for eInflatables – inflatable manufacturer
2018- 2024 Operations Manager for megaoutdoor movies, ultimate party Jump and The Fun Company.
• Jorge is an outstanding operation leader who is brings over 12 years of hands on experience with inflatable movie screens and equipment. HE is unique in the world
Renee Bailey – Sales manager
Experience: 2015- 2020 Various sales and operation roles for eInflatables and Mega Outdoor Movies
2020 – 2024 Sales and office Manager for Mega Outdoor movies, ultimate Party Jump and The Fun Company
• Renee has over 30 years of experience as a sales and operations manager. She is committed, dedicated and reliable and handles all aspects of sales and logistics.

City Council 18 – 39 5/21/2024
E. Proposed Work Plan
City Council 18 – 40 5/21/2024
Understanding of Scope of Services: Mega Outdoor Movies comprehensively understands the Scope of Services outlined by the City of Santa Ana. We have run the Santa Ana outdoor movies program for the last 3 years. Our approach encompasses meticulous planning, efficient execution, and a focus on delivering exceptional outdoor movie experiences to the community.

I. Anticipated Approach
• Mega Outdoor Movies will begin by collaborating closely with the City's Parks, Recreation, and Community Services Agency to understand specific event requirements and preferences. • We will then proceed with securing necessary permits, licenses, and permissions for each movie night.
• We will conduct a site visit of each venue and develop a plan and timeline for each event. • We will collaborate with the city and get approval on all of this. • Our team will ensure timely setup of inflatable screens, sound systems, and additional equipment at designated park locations.
• We arrive 2 hours early and will have all setup complete 30 minutes before the start of any event.
• We also have Ultimate Party Jump and The Fun Company and are able provide inflatable rentals and family entertainment activities prior to each movie screening. • Throughout the series, Mega Outdoor Movies will maintain open communication channels with the city to address any concerns and ensure seamless execution of services.

II. Suggestions or Special Concerns
• We suggest the evaluation committee consider the flexibility of our proposed plan, allowing for adjustments based on weather conditions or unforeseen circumstances.

III. Description of Deliverables and Implementation Plan • Deliverables include the delivery, setup, operation and strike of inflatable screens, sound systems, and additional equipment for each movie night. • Our implementation plan involves meticulous scheduling to ensure timely setup and teardown, as well as coordination with Ultimate Party Jump for family entertainment activities. • A detailed timeline outlining key milestones and deadlines will be provided upon acceptance of the proposal.

City Council 18 – 41 5/21/2024
F. References
City Council 18 – 42 5/21/2024
Customer Name: City of Santa Ana Contact Individual: Sonia Batres Address: 20 Civic Center Plaza, Santa Ana, CA, 92701 Phone Number: (714) 571-4227 EMAIL: [email protected]
Contract Amount: $50,453 Year: 2021
Description of supplies, equipment, or services provided: Provided movie equipment to produce Santa Ana Movies in the park series. We provided movie screens, projectors, speakers, generators, audio headphones and lighting for 14 movie nights. She is currently working for the City of Norwalk.

Customer Name: Aliso Viejo Community Association Contact Individual: Kevin Ortiz Address: 95 Argonaut Ste. 190, Aliso Viejo, CA, 92656 Phone Number: (714) 494-5605 EMAIL: [email protected]
Contract Amount: $11,750 Year: 2023
Description of supplies, equipment, or services provided: Provided movie equipment to produce Summer Movies series for the community of Aliso Viejo. Hosted 5 movie nights with our screens, projectors, generators and audio. We have been hosting them since 2021 and have already scheduled 2024 as well.

Customer Name: City of Torrance Contact Individual: Jesus Castro Address: 3031 Torrance Blvd, Torrance, CA, 90503 Phone Number: (310) 715-9302 EMAIL: [email protected]
Contract Amount: $4,154.04 Year: 2023
Description of supplies, equipment, or services provided: Provided movie equipment to produce Summer Movies series for the City of Torrance. Hosted 4 movie nights with our screens, projectors, generators and audio.

City Council 18 – 43 5/21/2024
Cost Proposal
City Council 18 – 44 5/21/2024
Minimum Lump Sum Proposal
Date Type Description Park Name Total Due
6/7/2024 Screen The Blockbuster (26’ x 15’) Memorial Park $1,799.00 Accessory Generator $150.00
6/14/2024 Screen The Blockbuster (26’ x 15’) Adams Park $1,799.00 Accessory Generator $150.00
6/21/2024 Screen The Blockbuster (26’ x 15’) Roosevelt-Walker Community Center
$1,799.00
Accessory Generator $150.00
6/28/2024 Screen The Blockbuster (26’ x 15’) El Salvador Park $1,799.00 Accessory Generator $150.00
7/12/2024 Screen The Blockbuster (26’ x 15’) Heritage Park $1,799.00 Accessory Generator $150.00
7/19/2024 Screen The Blockbuster (26’ x 15’) Rosita Park $1,799.00 Accessory Generator $150.00
7/26/2024 Screen The Blockbuster (26’ x 15’) Santa Ana Zoo at Prentice Park
$1,799.00
Accessory Generator $150.00
Total Invoice $ 13,643.00
Discount: $0
50% Deposit Required
Balance Due $13,643.00
Additional Movie Night Proposal
Date Type Description Park Name Total Due
- Screen The Blockbuster (26’ x 15’) - $1,799.00
Accessory Generator $150.00
Total Invoice $ 1,949.00
Discount: $0
50% Deposit Required
Balance Due $1,949.00
City Council 18 – 45 5/21/2024
Lump Sum Proposal Including Additional Elements
Date Type Description Park Name Total Due
6/7/2024 Screen The Blockbuster (26’ x 15’) Memorial Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
6/14/2024 Screen The Blockbuster (26’ x 15’) Adams Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
6/21/2024 Screen The Blockbuster (26’ x 15’) Roosevelt-Walker Community Center
$1,799.00
Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
6/28/2024 Screen The Blockbuster (26’ x 15’) El Salvador Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
7/12/2024 Screen The Blockbuster (26’ x 15’) Heritage Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
7/19/2024 Screen The Blockbuster (26’ x 15’) Rosita Park $1,799.00 Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
7/26/2024 Screen The Blockbuster (26’ x 15’) Santa Ana Zoo at Prentice Park
$1,799.00
Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
City Council 18 – 46 5/21/2024
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.00
Total Invoice $ 28,343.00
Discount: $0
50% Deposit Required
Balance Due $28,343.00
Additional Movie Proposal Including Additional Elements Date Type Description Park Name Total Due
- Screen The Blockbuster (26’ x 15’) - $1,799.00
Accessory Generator (x5) $750.00
Inflatable Fun House Bouncer $200.00
Inflatable Fire N' Ice Dry Slide $500.00
Inflatable 25' Zip It Obstacle Course $350.00
Inflatable Dash N' Splash Combo $450.0
Total Invoice $ 4,049.00
Discount: $0
50% Deposit Required
Balance Due $4,049.00
A La Carte Items Rate per 4 hours
Item Price Item Price
Photo Booth $399 Hi-Striker 17ft $300
Castle Bounce House $175 Gladiator Joust $600
Castle Combo $325 Cliff Hanger $900
Under the Sea Combo $325 Leaps & Bounds $800
Meltdown $1950 The Ultimate Playground $800
Pirates Revenge $3200 Popcorn Machine with Cart $550
Hard Rock Wall $1500 Snow Globe $600
Euro Bungee $3500 My Little Farm $450
Face Painters $350 Cotton Candy Cart $550
3-Play Sports $575 Boot Camp Challenge $1300
Caricature Artist $350 Henna Artist $350
City Council 18 – 47 5/21/2024
F1 Fast & Fun Race Track with Pedal
Cars
$1550 Wild Wave Slide 26' $900
Mechanical Bull $1100 Rugged Warrior Half $1300
Balloon Artist $350 First and Ten Football Game $550
7 Element (Yellow, Green, and Purple) $550 Holiday Snowman jumper $600 Petting Zoo - Large (includes Alpaca or
Mini Donkey)
$750 Giant Soccer / Baseball Darts $500
Dunk Tank Large $500 Carnival Swings $3500
Trackless Train $1200 3-in-1 Slide, Climb & Bounce
Combo 11 x 30
$550
Hippo Chow Down $750 Triple Lindy Surf N Slide $1300
Ferris Wheel $7000 Soccer Shootout $450
Laser Tag $1600 Hi Striker 10 ft $300
Petting Zoo - Small $500 Jet Airplane Ride -
Screamer Slide $700 Snow Cone Cart $550
Rocky Mountain $1100 Extra Large Fun House $450
Wrecking Ball $750 Sports Splash Slide $500
Jacobs Ladder $1060 Wild Wave Junior Slide 21' $900
Alligator Alley - Roller Coaster $11000 Magic Show $500 Corn Maze $1300 Rugged Warrior $1950
Shooting Stars Basketball $525 Castle Jumper $525
65 Obstacle Course $750 Giant Cornhole $300
Wizzer Carnival Ride $850 Foam Dance Pit $1600
Triple Lindy $1000 7 Element Obstacle Course $550
Rugged Warrior 180 $2050 V-REC (Vertical Rush Extreme
Competition)
$1300
Vertical Rush $900 Pumpkin Bouncer $600
Ninja Warrior $1200 Human Gyroscope (Orbitron) $800
Dual Hi Striker 17ft $550 Euro Castle Bounce House $400 Junior Corn Maze $750 Sports Combo Twist $350
Bungee Run $600 Sorcerers Castle $650
Hawaiian Slip N Slide With Pool $400 Outer Space Mountain $700 Criss Cross Water Slide $600 Pillow Bash $550
Heavy Hitter $550 Rock N Roll $650
Lil Splash Water Slide $400 Tugga Touchdown $700
Leap of Courage $500 Zorbie Ball (Pair) $500
Boot Camp Extreme $1350 Acro Flight $1000
Vortex $750 20 Foot Accelerator Slide $700
Sticky Dodgeball $500 Big Kahuna Slide $500
Dunk Tank Collapsible $425 Toy Town Learning Center $550 Flipper Dipper Jumper $350 Black Ops $1300
City Council 18 – 48 5/21/2024
Certifications
City Council 18 – 49 5/21/2024
City Council 18 – 50 5/21/2024
City Council 18 – 51 5/21/2024
City Council 18 – 52 5/21/2024
City Council 18 – 53 5/21/2024
City Council 18 – 54 5/21/2024
City Council 18 – 55 5/21/2024
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
May 21, 2024
TOPIC: Local Street Preventative Maintenance FY 2023-24

AGENDA TITLE
Construction Contract to All American Asphalt in the Amount of $2,558,098 for the Local Street Preventative Maintenance FY 2023-24 Project with an Estimated Project Delivery Cost of $3,198,098 (Project No. 24-6907) (Non-General & General Fund)

RECOMMENDED ACTION

1. Authorize a budget allocation of unspent Measure M2 and General Fund funding from Local Street Preventative Maintenance FY 2021-22 and 2022-23 for a total of $379,252 to the Local Street Preventative Maintenance FY 2023-24 Project, completing the project’s funding requirement.

2. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $2,558,098, 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 a term beginning May 21, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,198,098, which includes $2,558,098, for the construction contract, $384,000 for contract administration, inspection, and testing, and a $256,000 project contingency for unanticipated or unforeseen work.

4. Approve an appropriation adjustment recognizing $40,846 in Measure M-Street Construction, Prior Year Carry Forward revenue account (03217002-50001) and appropriate to the Measure M2 Local Fairshare St, Improvements Other Than Buildings expenditure account (03217662-66220). (Requires five affirmative votes)

5. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $40,846 in construction funds for the Local Street Preventative Maintenance FY 2023-24 Project.

City Council 19 – 1 5/21/2024
Local Street Preventative Maintenance FY 2023-24
May 21, 2024

Page 2 ends

Santa Ana City CouncilMay 21, 2024

Santa Ana City Council
May 21, 2024