4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the consultant.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or 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 Consultant’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
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
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
City Council 21 – 6 6/4/2024
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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant 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.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.
9. 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, City Council 21 – 7 6/4/2024
trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from 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.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or 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.
12. CONFLICT OF INTEREST CLAUSE
a. Consultant represents that neither it nor any of its officers, partners or employees has a financial interest, as defined in Section 87103 of the Government Code, in the subject matter of this Agreement other than the right to receive payment from City for services rendered. b. Consultant agrees that it shall not make, participate in making, or in any way attempt to use its position as consultant to influence any decision of City in which Consultant knows, or has reason to know, that any of its officers, partners or employees has a financial interest as defined in Section 87103 of the Government Code.
c. Consultant warrants that neither Consultant nor any of its officers, partners or employees, has any financial interest in any real property, building or structure within 2,500 feet of the location of any project or assignment to which this Agreement may apply in the City of Santa Ana.
City Council 21 – 8 6/4/2024
Consultant agrees to disclose to City any financial interest in such property as may be acquired by its officers, partners or employees during the term of this Agreement. d. In accordance with the City’s Conflict of Interest Code, if determined by the City Manager to be a designated position, Consultant shall file a Statement of Economic Interests (Form 700) with the Fair Political Practices Commission.
13. NON-EXCLUSIVE
Consultant understands and agrees that this is a non-exclusive Agreement and City may enter into other agreements with other consultants and may use any of the contractors with whom City has contracts and, therefore, the City cannot estimate nor guarantee the volume or amount of work to be received by Contractor under this Agreement.
14. 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 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.
15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
16. 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 Consultants retained by City.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
City Council 21 – 9 6/4/2024
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, Consultant may be required to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
18. 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.
19. 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.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of 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.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City Council 21 – 10 6/4/2024
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
With courtesy copies to:
City Manager
City of Santa Ana
20 Civic Center Plaza (M-xx)
P.O. Box 1988
Santa Ana, California 92702
Fax:
To Consultant:
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
22. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein, if any, 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
First & Last Name
Title
Consultant Firm Name
Address
City, State, Zip
Fax:
City Council 21 – 11 6/4/2024
Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT
City Attorney
By:
Assistant City Attorney Tax ID#
City Council 21 – 12 6/4/2024
Street Address Invoice #:
City, ST Zip Code Agreement #:
Phone Date:
Bill To:
City of Santa Ana
20 Civic Center Plaza Hourly Rate: $30.00
Santa Ana, CA 92701 Total Billable Hours: 11.25
Amount Due: $337.50
Date Start Time Time Out Description of Work
Performed Billable Hours
5/13/2024 7:30 AM 5:30 PM Office Hours for CMBR 10.00
5/14/2024 2:00 PM 2:15 PM Took phone call from
resident 0.25
5/15/2024 5:00 PM 6:00 PM 1.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 Month and Year Invoice
Name
City Council 21 – 13 6/4/2024
City Council Aide Program
General Hourly Parameters
Rate Description of Services Experience/Education
Less than $20 Secretarial or clerical work; set up/take down booths/ manage booth at events
$20 - $30 Secretarial/clerical work; editing;
community engagement
High School
diploma/GED or trade
school certificate;
equivalent experience
$30 - $40 Digital/social media content; editing;
research; policy analysis
College Degree or
equivalent experience
$40 - $50 Legislative policy work; policy analysis;
research
Master’s Degree,
equivalent experience
$50 - $60 Legislative policy work; policy analysis;
research
JD, MBA, equivalent
experience
City Council 21 – 14 6/4/2024
City Attorney Office
www.santa-ana.org/city-attorneys-office
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Agreement and Amendment for Legal Services
AGENDA TITLE
Agreement with Richards, Watson & Gershon, APC and Amendment to Agreement with Nathan & Kamionski, LLP for Legal Services (General Fund and Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Richards, Watson & Gershon, APC to provide legal services for a three-year term beginning June 1, 2024 and expiring June 30, 2027, with a provision for a one-year extension, in a total amount not to exceed $300,000 (Agreement No. A-2024-XXX) and a first amendment to the agreement with Nathan & Kamionski LLP to provide legal services, increasing the amount of the compensation by $450,000 for a total amount of $500,000 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Richards Waston & Gershon, APC
Richards, Watson & Gershon, APC (RWG) is well known for providing municipal law services to public entities and has done so since 1954. It represents more than 50 public agencies and serves as City Attorney for more than 25 cities. The firm is headquartered in Los Angeles and has offices in Brea, Temecula, and San Francisco.
Since 2015, RWG has provided general advice and legal review to the City on a caseby-case basis when urgent matters arise in relation to litigation, election issues, or personnel matters requiring immediate attention. This agreement will authorize the City Attorney to call upon RWG to guarantee the continuity of services and allow the City Attorney, as necessary, to defend or file litigation, or seek legal advice when requested by the City Manager.
RWG currently represents the City in on-going litigation brought by Share Our Selves Corporation in federal court challenging the validity of a zoning ordinance adopted by the City.
City Council 22 – 1 6/4/2024
Agreement and Amendment for Legal Services
June 4, 2024
Nathan & Kamionski, LLP
On May 7, 2024, the City engaged the law firm of Nathan & Kamionski to represent the City in the matter of Ramon Alvarez v. City of Santa Ana in the U.S. District Court.
Nathan & Kamionski was selected by the City after staff issued Requests for Proposals to firms which specialize in civil rights defense cases for public entities. Initial engagement was done to have the firm immediately represent the City but at an amount no greater than allowed under the City Manager’s award authority of $50,000. The City and the firm reviewed the costs for defense of the City in this action and City Attorney’s Office is seeking approval by the City Council to increase the compensation by an additional $450,000 over the term of the agreement, including the one-year extension available under the terms of the agreement.
FISCAL IMPACT
Funds are budgeted and available in the following account for the current fiscal year and will be budgeted in the following account for the following fiscal years:
Richards Watson & Gershon, APC
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 01105015-62300 General Fund General NonDepartmental - Contract Services
Professional
$10,000
FY 24-25 01105015-62300 General Fund General NonDepartmental - Contract Services
Professional
$90,000
FY 25-26 01105015-62300 General Fund General NonDepartmental - Contract Services
Professional
$100,000
FY 26-27 01105015-62300 General Fund General NonDepartmental - Contract Services
Professional
$100,000
TOTAL $300,000
City Council 22 – 2 6/4/2024
Agreement and Amendment for Legal Services
June 4, 2024
Nathan & Kamionski, LLP
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 23-24 08009051-62300 Liability and
Property Ins
Fund
Liability & Property Ins
Fund, Contract Srvcs -
Professional
$25,000
FY 24-25 08009051-62300 Liability and
Property Ins
Fund
Liability & Property Ins
Fund, Contract Srvcs -
Professional
$225,000
FY 25-26 08009051-62300 Liability and
Property Ins
Fund
Liability & Property Ins
Fund, Contract Srvcs -
Professional
$200,000
TOTAL $450,000
EXHIBIT(S)
1. Legal Services Agreement with Richards Watson & Gershon, APC
2. First Amendment to Legal Services Agreement with Nathan & Kamionski, LLP Submitted By: Sonia Carvalho, City Attorney
Approved By: Alvaro Nuñez, Acting City Manager
City Council 22 – 3 6/4/2024
1 LEGAL SERVICES AGREEMENT WITH
RICHARDS WATSON & GERSHON
This AGREEMENT, made and entered into this 4
th day of June, 2024, by and between
Richards Watson & Gershon, a California Professional Corporation (“Attorneys”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California (“City”). Collectively City and Attorneys are also referred to as “the Parties.”
RECITALS
A. The City of Santa Ana and the City Attorney’s Office desire to employ Attorneys to assist the in-house attorneys for the City (“City Attorney”) in the provision of legal services to the City, for general municipal law advisory and litigation matters.
B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge providing general municipal law advisory and litigation services and desire to undertake said service.
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. RETENTION OF ATTORNEYS On an as-needed basis, and at the sole discretion of the City, City hereby agrees to and does retain Attorneys, for the compensation hereinafter specified, to assist the City Attorney with general municipal advisory and litigation matters, including but not limited to, elections matters filed against the City and to defend the City, its employees and its officials. Attorneys accept said retention and agree to perform, in a timely and efficient manner, all such services as may be requested by the City Attorney. Attorneys shall confirm their acceptance of work requested by City in writing by e-mail or letter.
2. COMPENSATION FOR SERVICES RENDERED
a. City agrees to compensate Attorneys, and Attorneys agree to accept from City, as and for payment in full for all services for the foregoing services, all attorneys will bill their time at $335/hour, all paralegals will bill their time at $195/hour, and time will be billed in 1/10th of an hour increments.
b. The total sum to be expended under this Agreement, shall not exceed three hundred thousand dollars ($300,000) including any extension periods. c. City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, mileage, copying costs, service of process, and mail services authorized by the City Attorney in connection with the performance of duties under this Agreement. i. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page.
City Council 22 – 4 6/4/2024
2 ii. The City will not reimburse Attorneys for Lexis, Westlaw or other paid legal research subscription services for ordinary legal research. However, the City will reimburse Attorneys for extraordinary legal research costs related to a complex legal matter or assignment and if pre-approved in writing by the City Attorney.
iii. The City will not reimburse Attorneys for ordinary document management systems used for discovery purposes unless such technology is deemed necessary by the City Attorney and if pre-approved in writing by City Attorney. iv. Attorneys agree to directly pay for vendors, consultants, or experts, and then seek reimbursement from the City.
v. Attorneys agree to seek authorization from City Attorney before retaining experts and consultants.
vi. Automobile travel will be reimbursed at the standard mileage rate in effect at the time of billing by the Internal Revenue Service.
vii. Any costs in excess of $5,000 require City Attorney approval prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice.
3. METHOD OF PAYMENT Attorneys shall submit a monthly statement specifying the services performed, dates and number of hours, and an itemization of expenses related thereto with supporting documentation (i.e. receipts, invoices, copy of check, etc.). City acknowledges that the fees incurred for work performed by Attorneys on its behalf are due and owing within 30 days of submitting the monthly statement to the City. City will not pay interest on unpaid monthly statements.
City and Attorneys agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. City acknowledges that Attorneys have executed the City’s standard ACH Vendor Payment Authorization and provided required documentation, and, upon verification of the data provided, the City will be and is authorized to deposit payments directly into Attorneys’ account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
4. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City Attorney, as aforesaid, shall be and remain under, and subject to the control and direction of said City Attorney at all stages, and that they shall at all times keep the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters relating to any representation undertaken by Attorneys. Attorneys further agree, if and when their retention hereunder is terminated by City, as hereinafter specified, they shall return to City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement.
5. REPORTING REQUIREMENTS Attorneys agree to keep the City Attorney, and any other person(s) designated by the City Attorney, informed of significant events in the Actions, including but not limited to trial date, filing of motions for summary judgment, hearing date for motion for summary judgment, settlement conference date, and mediation date. Attorneys also agree to provide the following reports:
City Council 22 – 5 6/4/2024
3 a. 45-day initial evaluation of case and budget; and
b. Pre-trial report 90 days before trial;
6. TERM The term of this Agreement shall commence on June 4, 2024 and terminate on June 30, 2027, unless terminated earlier pursuant to Section 15 below. The Parties agree that this Agreement will cover services provided by Attorneys between June 1, 2024 and June 3, 2024. The term of this Agreement may be extended for up to one (1) year upon a writing executed by both Parties, including the City Manager and the City Attorney.
7. INDEPENDENT CONTRACTORS It is mutually agreed by and between the Parties that, in the performance of their covenants hereunder, Attorneys are and shall be independent contractors, and not officers or employees of City.
8. INSURANCE Attorneys shall provide to the Executive Director of Human Resources proof of insurance prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. 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 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage. (Not required if consultant does not use an automobile to perform services)
c. 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.
d. Professional Liability (Errors and Omissions): Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If Attorneys maintain broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Attorneys. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
City Council 22 – 6 6/4/2024
4 e. Other Insurance Provisions - The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status- The City of Santa Ana, 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 Attorneys 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 Attorneys’ 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 forms if later revisions used). ii. Primary Coverage- For any claims related to this contract, Attorneys’ insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Santa Ana, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Santa Ana, its officers, officials, employees, or volunteers shall be excess of Attorneys’ insurance and shall not contribute with it. iii. Notice of Cancellation- Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. For the professional liability policy only, the notice of cancellation may be given by Attorneys.
f. Waiver of Subrogation- Attorneys hereby grant to City a waiver of any right to subrogation, which any insurer of said Attorneys, other than professional liability insurers or insurance, may acquire against the City by virtue of the payment of any loss under such insurance. Attorneys agree to obtain any endorsement that may be necessary to affect the waiver of subrogation as described in this section, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
g. Self-Insured Retentions - Self-insured retentions must be declared to and approved by the City. RWG has declared to the City that it has a $250,000 self-insured retention for professional liability insurance and City has pre-approved that retention level. h. 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.
i. Claims Made Policies - If any of the required policies provide coverage on a claimsmade basis:
i. The Retroactive Date, if any, must be shown and must be before the date of the contract or the beginning of contract work.
City Council 22 – 7 6/4/2024
5 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Attorneys must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work. j. Verification of Coverage – Attorneys shall furnish the City 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 Attorney’s obligation to provide them.The City reserves the right to require copies of allrequired insurance policies,including endorsements required by these specifications, at any time. Attorneys may provide redacted policies or specimen forms in order to prevent the disclosure of material attorneys deem confidential, privileged. or trade secret information.
k. Subcontractors - Attorneys shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Attorneys shall ensure that City is an additional insured on insurance required from subcontractors. l. 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
9. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, damages, restitution, judicial or equitable relief to the extent caused by Attorneys’ negligent or wrongful performance or conduct related to this Agreement.
10. CONFIDENTIALITY All information and documents shared with Attorneys as well as all work performed by Attorneys in connection with this Agreement should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney-client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City’s prior written approval.
Attorneys shall provide materials directly to the City Attorney, Sonia Carvalho, or selected members of her office, as directed by the City Attorney. All such information and any written product in connection with Attorneys‘ retention under this Agreement, shall be marked as “PRIVILEGED AND CONFIDENTIAL / ATTORNEY-WORK PRODUCT” and shall be the property of the City Attorney’s Office, and shall be returned/provided to the Office of the City Attorney with all copies upon the request of the City Attorney. 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 Attorneys, disclosed in City Council 22 – 8 6/4/2024
6 a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE Attorneys covenant that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement.
12. 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 telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons:
To City: Clerk of the Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702-1988
Facsimile (714) 647-6956
Courtesy Copy: City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647-6515
To Attorneys: Attention-Saskia Asamura, Esq.
Richards Watson & Gershon APC
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Fax (213) 626-0078
A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other 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 telefacsimile, 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.
13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys, 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 City Council 22 – 9 6/4/2024
7 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 Attorneys. 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 Attorneys 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 Parties, which are not embodied herein.
14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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 of this Agreement performed by City personnel or by other Attorneys retained by City.
15. TERMINATION This Agreement may be terminated by City at any time. In such event, Attorneys shall be entitled to receive and the City shall pay Attorneys compensation for all services performed by Attorneys prior to receipt of such notice of termination. As a condition of such payment, Attorneys shall deliver to the City all files and records generated under this Agreement as of such date.
Attorneys may terminate this agreement, subject to their obligation to provide written reasonable notice of at least thirty (30) days to arrange alternative representation. In such case, City agrees to secure new counsel as quickly as possible and to cooperate fully in the substitution of the new counsel as counsel of record in in the Actions.
16. NON-DISCRIMINATION Attorneys 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. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
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. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
City Council 22 – 10 6/4/2024
8 19. COUNTERPARTS; SIGNATURES This Agreement may be executed in counterparts, secured via facsimile transmission or otherwise, each of which shall be deemed to be an original.
Photocopies of any executed counterpart shall have the same force and effect as an original. City further acknowledges that it has read and received a copy the full text Section 6148 of the California Business and Professions Code prior to signing this Agreement.
20. NO GUARANTEES City understands and acknowledges that there are certain risks and uncertainties in the pursuit of any matter for which Attorneys have been retained, that law is not an exact science, that Attorneys have made no representations or guarantees of success regarding the conclusion of any particular matter, and that all expressions relative thereto are matters of Attorneys’ opinion only. In other words, Attorneys make no representations or guarantees of success regarding any matter.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written.
ATTEST:
_________________________
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _________________________
Laura A. Rossini
Chief Assistant City Attorney
CITY OF SANTA ANA
____________________________
Alvaro Nuñez
Acting City Manager
RICHARDS WATSON & GERSHON
By: ______________________________
Saskia Asamura
Partner
City Council 22 – 11 6/4/2024
1 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT WITH
NATHAN & KAMIONSKI LLP
This AGREEMENT is made and entered into on this 4th day of June, 2024, by and between Nathan & Kamionski LLP, an Illinois limited liability company (“Attorneys”), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the constitution and laws of the State of California ("City”).
RECITALS
A. On May 7, 2024, the City and Attorneys entered into Agreement No. N-2024-171 (“Agreement”) to provide legal services to defend the City and certain individually named Defendant employeesin the matter of Ramon Alvarez v. City of Santa Ana, et al, United States District Court Case No.:8:24-cv-00516-DMG-KS. The Agreement is still in effect.
B. Pursuant to Section 2.b, Compensation for Services Rendered, the total not to exceed amount of the Agreement is $50,000.00. In order to adequately defend the City and the individually named Defendant employees the compensation section of the Agreement requires amendment. The parties now wish to increase the compensation by an additional $450,000.00, for a total not to exceed amount of $500,000.00.
The Parties therefore agree:
1. Section 2.b, Compensation for Services Rendered, is amended to increase the compensation by an additional $450,000.00, for a total not to exceed amount of $500,000.00.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
[Signatures on following page]
City Council 22 – 12 6/4/2024
2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
ATTEST:
_________________________
JENNIFER L. HALL
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: _________________________
TAMARA BOGOSIAN
Senior Assistant City Attorney
CITY OF SANTA ANA
____________________________
ALVARO NUÑEZ
Acting City Manager
NATHAN & KAMIONSKI, LLP
______________________________
By:
Title:
City Council 22 – 13 6/4/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Third Amendment to Joseph House Loan Agreement and Affordable Housing Covenants
AGENDA TITLE
Third Amendment to the Joseph House Loan Agreement and Affordable Housing Covenants with Mercy House Living Centers to Allow for Permanent Supportive Housing for Homeless Families at 210 E 16th Street
RECOMMENDED ACTION
Authorize the City Manager to execute a third amendment to the Joseph House Loan Agreement and Affordable Housing Covenants with Mercy House Living Centers, formerly known as Mercy House Transitional Living Centers, to allow for permanent housing with supportive services for homeless families rather than offering housing to a target population of homeless men at 210 E 16th Street (Agreement No. A-2024-XXX). (Contingent upon approval of the same Housing Authority action).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Mercy House has operated Joseph House at 210 E 16th Street as a transitional housing program for homeless single men in the community since 1990. On April 11, 2006, the City of Santa Ana and the former Community Redevelopment Agency of the City of Santa Ana (RDA) entered into a Loan Agreement and Affordable Housing Covenants with Mercy House Transitional Living Centers (Mercy House) for the rehabilitation of the Joseph House project located. At the time of the loan agreement in 2006, the City provided HOME Investment Partnerships Program and RDA low- to moderate-income housing funds for the rehabilitation of the property.
Due to funding and policy changes at the federal level, a first amendment to the loan agreement was entered into on December 1, 2016 to modify the Joseph House transitional housing program to become a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single homeless men from Santa Ana. A second amendment was entered into on November 7, 2017 to allow for City Council 23 – 1 6/4/2024
Third Amendment to Joseph House Loan Agreement and Affordable Housing Covenants June 4, 2024
the remaining transitional housing units to be turned into permanent supportive housing and dissolve transitional housing and shelter at the project.
Mercy House is now requesting a third amendment to allow for permanent housing with supportive services for low-income families rather than offering housing to a target population of low-income men. Tenants will not need to be relocated and there will be a transition strategy to eventually accommodate low-income families as units become available due to attrition. This transition will be seamless and non-disruptive to current tenants, ensuring that no tenant currently benefiting from the program will be displaced.
Mercy House is proposing to use two units as shared housing with no more than two residents to a room. The two units are further identified in Exhibit 1 and would have a total of five bedrooms. Within the two units used for shared housing, two rooms shall be available as private bedrooms for a single individual. The rent for the private bedrooms would be more than the shared bedrooms, subject to affordability requirements set forth in the Agreement.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. 1. Third Amendment
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, Acting City Manager
City Council 23 – 2 6/4/2024
55394.00101\42164031.1
THIRD AMENDMENT TO HOUSING DEVELOPMENT LOAN AGREEMENT AND
AFFORDABLE HOUSING COVENANTS
THIS THIRD AMENDMENT TO HOUSING DEVELOPMENT LOAN AGREEMENT AND AFFORDABLE HOUSING COVENANTS, made and entered into this __ day of _____________, 2024, by and between MERCY HOUSE LIVING CENTERS, formerly known as MERCY HOUSING TRANSITIONAL LIVING CENTERS, a California non-profit public benefit corporation ("Developer"), 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"), and the Housing Authority of the City of Santa Ana acting as the Successor Housing Agency to the Community Redevelopment Agency of the City of Santa Ana ("Successor Housing Agency").
RECITALS
A. The City and Successor Housing Agency entered into a Housing Development Loan Agreement and Affordable Housing Covenants with Developer, dated April 11, 2006 (the "Agreement"), to provide financial assistance from Redevelopment funds and the United States Department of Housing and Urban Development ("HUD") under the HOME Investment Partnership Program ("HOME Program") for the rehabilitation of the Joseph House Project located at 210 East Sixteenth Street, Santa Ana, for the operation of a transitional living center for homeless, single men.
B. City and Developer entered into a First Amendment to the Agreement on December 1, 2015, to modify the Joseph House transitional housing program to become a dualpurpose facility offering both transitional housing and permanent housing with supportive services for single, homeless men from the community. The proposed program modification from a transitional shelter to a dual-purpose model included the following:
(1) Transition two units of transitional housing into permanent housing with supportive services, offering low rental costs in compliance with HOME low rents to meet the needs of low-income homeless men in the community; (2) One unit to continue operating as a transitional housing program; and (3) Leverage rapid re-housing funds to reduce the length of time clients stay at the shelter with the goal of connecting them to permanent affordable housing opportunities.
C. City and Developer entered into a Second Amendment to the Agreement on November 7, 2017, to allow for the remaining transitional housing unit to be turned into affordable housing and dissolve transitional shelter at the site.
D. The Parties now desire to enter into this Third Amendment to the Agreement to allow for permanent housing with supportive services for low-income families rather than offering housing to a target population of low-income men. Developer is proposing to use two units as shared housing with no more than two residents to a room. The two units are further identified in Exhibit G-1, attached below, and would have a total of five bedrooms. Within the two units used for shared housing, two rooms shall be available as private bedrooms for a single individual. The rent for the private bedrooms would be EXHIBIT 1
City Council 23 – 3 6/4/2024
55394.00101\42164031.1
more than the shared bedrooms, subject to affordability requirements set forth in the Agreement.
NOW THEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement, as amended by the First and Second Amendment to the Agreement, except as herein modified, the parties agree as follows:
1. Section 1.1, Defined Terms, the first sentence of the definition of "Property" shall be amended in pertinent part to read as follows:
"The Property is located in the City of Santa Ana, and shall be used to provide permanent housing with supportive services to homeless persons or Low Income families.”
2. Section 5.4, Other Terms and Conditions of Loan, subsection (5) shall be amended to read as follows:
"Failure of Developer or a subsequent owner to use the Property for the purpose of permanent housing with supportive services for homeless persons or Low Income households from the community."
3. Section 7.1, Use and Maintenance of the Property, subsection (B) shall be amended to read as follows:
“Use the Property as a facility offering permanent housing with supportive services for homeless persons or Low Income households from the community, as detailed in the Developer's Plan attached hereto as Exhibit G-1 and incorporated herein by this reference.”
4. Except as hereinabove modified in this Third Amendment, the terms of said Agreement shall remain in full force and effect. In the event of any conflict between the terms of this Third Amendment and the terms of the Agreement, as amended by the First and Second Amendments, the terms of this Third Amendment shall control. --signature page to follow—
EXHIBIT 1
City Council 23 – 4 6/4/2024
Larry Haynes
Chief Executive Officer
EXHIBIT 1
City Council 23 – 5 6/4/2024
55394.00101\42164031.1
EXHIBIT G-1
DEVELOPER’S PLAN
EXHIBIT 1
City Council 23 – 6 6/4/2024
Business Plan
Joseph Residence
Permanent Housing Program
Submitted to the City of Santa Ana
4/26/2024
Plan to transition Joseph Residence from its current state as a facility exclusively providing permanent housing with supportive services for single, homeless or low-income men to one that provides permanent housing with supportive services to low-income families.
EXHIBIT 1
City Council 23 – 7 6/4/2024
Executive Summary
On April11, 2006, the City of Santa Ana and the former Community Redevelopment Agency of The City of Santa Ana (RDA) entered into a Housing Development Loan Agreement and Affordable Housing Covenants with Mercy House Transitional Living Centers (Mercy House) for the rehabilitation of the Joseph House Project located at 210E. 16th Street. Mercy House operated Joseph House exclusively as a transitional housing program for homeless single men with in the community from 1990 -2015. At the time of the loan agreement in 2006, the City provided HOME Investment Partnership Program (HOME Program) and RDA tax increment funds for the rehabilitation of the property.
In 2015, Mercy House submitted a request that was approved by the City and amended the HOME Program agreement to modify the Joseph House Transitional Shelter to a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless from the community. This included transitioning two of the transitional housing units into permanent housing with supportive services, offering low rental costs in compliance with HOME low rents to meet the needs of low-income and formerly homeless individuals. The remaining unit was kept as transitional housing serving homeless single men.
In 2017, Mercy House submitted a request that was approved by the City and amended the HOME Program agreement to modify the Joseph House Transitional Shelter from a dual-purpose facility offering both transitional housing and permanent housing with supportive services for single, homeless from the community to a facility renamed “Joseph Residence” exclusively providing permanent housing with supportive services for single, homeless or low-income men from the community.
This document demonstrates Mercy House’s plan to further modify Joseph Residence from its current state as a facility exclusively providing permanent housing with supportive services for single, homeless or low-income men to one that provides permanent housing with supportive services to homeless or low-income families.
EXHIBIT 1
City Council 23 – 8 6/4/2024
Organization Summary
Mercy House Living Centers (“Mercy House”) is a non-profit organization serving the homeless in Orange County, San Bernardino County, Riverside County. The non-profit was incorporated in 1988, began operations in 1990 and has been able to operate successful homeless service programs for over 34 years.
Mercy House was quickly grown from a single shelter serving 10 single men, to a full system of care designed to meet the needs of the homeless at all stages of their struggle. In the past year, Mercy House provided services to more than 5,000 of our community’s most vulnerable men, women, and children. Though our services have expanded and changed, our mission and reason for existence remains the same: to end the homelessness of all who enter our system of care.
Over the years we have created a system of care based on a blend of both continuum of care and housing first models of ending homelessness. This includes operating a variety of programs ranging from homeless prevention, emergency services and shelters, transitional and interim housing, rapid re-housing programs, permanent supportive housing, residential services and affordable permanent housing facilities. The intention of these programs is to address homelessness at every level. The diversity of these programs has also afforded us the experience of working with a wide variety of homeless subpopulations including, but not limited to; families, adult men and women, mothers and their children, veterans, chronically homeless individuals, persons living with HIV/AIDS, individuals overcoming substance addictions, and those who are both physically and/or mentally disabled.
Mission
Mission Statement: To be a leader in ending homelessness by providing a unique system of dignified housing opportunities, programs, and supportive services.
Operational Statement: To end the cycle of homelessness of those who enter our system of care.
EXHIBIT 1
City Council 23 – 9 6/4/2024
2022-2023 Statistics
➢ Mercy House ended or prevented the homelessness of 2,254 people – 34% increase in housing placements from the previous year.
➢ 355 individuals were engaged in street outreach services – 38% of enrollments exited to successful situations exceeding program performance standards in Orange County ➢ 411 individuals in emergency shelter ended their homelessness and exited to permanent housing – 31% includes in housing placements from previous year.
➢ 521 households including 747 people secured housing through Rapid Rehousing assistance – 96% of households were able to maintain housing immediately after exit. ➢ 536 individuals including 281 households were provided homeless prevention assistance – 237% increase in people served from previous year.
➢ 367 individuals were provided permanent supportive housing – 96% maintained or exited to permanent housing.
Housing Portfolio
132
288
484
270
0 100 200 300 400 500 600
Low-income Housing
Permanent Supportive Housing
Rapid Rehousing (FY23)
Homeless Prevention (FY23)
Housing Operated in Orange County
Units
EXHIBIT 1
City Council 23 – 10 6/4/2024
Legal Entity
Mercy House is a nonprofit 501(c)(3) organization founded in 1988 by Father Jerome T. Karcher.
Mercy House has developed a continuum of care of provide homeless prevention, emergency shelter and services, transitional housing, and permanent housing with supportive services to homeless adults and children living in Orange County, Los Angeles County, Riverside County, Ventura County, Kern County and Phoenix, Arizona.
Tax ID: 33-0315864
UEI: DVJ5XQ7BMQ88
Until 2009, Mercy House was known as Mercy House Transitional Living Centers. With the development of the Rapid Re-Housing Program and the Family Redirection Program, it became clear that permanent housing had emerged as a more viable solution to ending homelessness for many clients. On February 6, 2009, Mercy House changed its name to Mercy House Living Centers.
Keys to Organizational Success
• Build and leverage strong, active board of directors. • Only engage in projects and services that support identified primary strategic programs
• Continue to design and implement strict financial controls and accountability • Align programs and services to national best practices to ensure effective service, delivery, better housing outcomes and increased costeffectiveness.
Organizational Management
Board of Directors
The Board of Directors exists to advocate on behalf of the homeless. This entity has a responsibility to the agency to co-create and provide resources necessary for the mission and strategic development of Mercy House with the Executive Director. Board members are expected to contribute financially to the agency and secure outside monetary contributions through personal and corporate contacts. It is an expectation that the Board members attend bimonthly meetings where they review important and relevant information relating to the agency’s mission. Subcommittees of the Board address specific needs including strategic planning, fundraising and resource development, board development, overseeing audit activities, legal, human resources and agency finances.
The Board holds responsibility for the operation of Mercy House. The Executive Director’s performance is managed by the Board. This allows the staff (including the EXHIBIT 1
City Council 23 – 11 6/4/2024
Executive Director) to be held accountable to ensure effective service delivery, honest use of funds, and dignified general operations.
Our current Board of Directors is a mix of 20 members, including participation by a formerly homeless individual. They come from a variety of sources, with varying professions. Some have been with Mercy House since its inception and have seen the agency through its entire history, whereas, others are new and bring an outside perspective.
Executive Leadership
Larry Haynes - Chief Executive Officer
Larry Haynes joined Mercy House in May of 1990 as its original employee and continues to serve as the organization’s Chief Executive Officer. In addition to developing all of Mercy House’s programs, shelters, and housing projects, Larry has also founded several other programs including the Interfaith Shelter Network and Homeless Provider Forum and has served as a consultant to a variety of cities and non-profit corporations.
Larry was one of the co-authors of Orange County’s 10 Year Plan to End Homelessness and currently serves on the Orange County Commission to End Homelessness Board of Directors, chairing its Prevention and Outreach committees. He is the Chairman of the local Emergency Food and Shelter Program and is a member of Cal State Fullerton’s Community Advisory Board on Homeless Issues.
Larry has previously served on many other boards and public task forces, and has with Mercy House, received dozens of recognition awards. He has also been a speaker at numerous local, state, and national workshops and conferences focusing on homeless, housing and leadership issues.
Larry was also a long-tenured lay preacher at Trinity Episcopal Church, and an adjunct professor of Sociology at Vanguard University.
Patti Long – Deputy Chief Executive Officer
Patti Long joined Mercy House in 2001. She has worked in the arena of homeless services for over 30 years, including time as a program director of the OC Homeless Task Force, the Chair of the OC Shelter Provider Forum, and Chair of the Pomona Continuum of Care Collaborative. She currently serves as a Board Member of the Orange County Continuum of Care and is Chair of the Coordinated Entry System Subcommittee. She has served Mercy House for over 20 years and has often led the charge in adopting new programs and services and adapting our services to better meet the needs of the homeless. Patti oversees the day-to-day operations of Mercy House and directs program, administrative, and developmental operations as they serve clients, build relationships with vendors, and engage with our large and dedicated donor and volunteer base.
EXHIBIT 1
City Council 23 – 12 6/4/2024
Mary Ellen Gross – Chief Financial Officer
Mary Ellen is a CPA with over 20 years’ experience in financial aspects of organizations: recording, organizing, processing and analyzing financial data, and disseminating information in a usable format helping team members efficiently and effectively do their job, be they subordinate or executive staff. She has a Bachelor of Science degree in Business Administration/Accounting from California State Polytechnic University- Pomona. She is responsible for all oversight of Mercy House’s accounting practices.
Robyn Willis – Chief Operations Officer
In her role as the Chief Operations Officer, Robyn contributes to the advancement of the organization's overall growth, strategic planning, and management. Her responsibilities include the oversight of Human Resources, Information Technology, Administration, and Facilities. With a career spanning over three decades, she has been deeply committed to operations management, with a primary focus on enhancing operational processes in both for-profit and non-profit sectors. Before joining Mercy House, she served as the vice-president of retail operations for a non-profit dedicated to affordable housing for nine years.
Throughout her career, she has consistently championed the alignment of business goals with social impact.
Robyn is an ardent advocate for continuous improvement, actively seeking opportunities to enhance her own skills, elevate her team, and optimize overall outcomes. She holds a B.A. in Liberal Studies from CSU, Long Beach, and an M.A. in Organizational Leadership from Brandman University.
Allison Davenport - Chief Strategy and Compliance Officer Graduating from Cal State Fullerton with a bachelor’s in Anthropology, Allison has been with Mercy House for over 15 years, contributing to the agency’s growth as well as its fundraising and development efforts. In her time with the agency, she has helped the agency grow from a Allison is instrumental in the agency’s program evaluation, strategic growth, collaborative partnerships, stewardship and compliance.
Timothy Huynh- Chief Program Officer
Timothy graduated with a Master of Science degree in Mathematics from University of California- Irvine, which makes him well-versed in analytics and systems-level thinking. Prior to his current role with Mercy House which began in January 2020, Timothy was a former employee with Mercy House’s Development Team for four years rising to the ranks of Director of Grant Compliance and Data and overseeing the agency’s public grants and compliance program. As Chief Program Officer, Timothy oversees a significant portfolio of program and development activities and well as serve as a critical member of the executive management team. He directly supervises six directors working to build their skills and confidence so that they can mentor, encourage, and motivate other staff. The portfolio includes: 1) Strategic Leadership and Special Initiatives; 2) Program Oversight including Emergency Shelter and Services, Housing Strategies for Families, Permanent Supportive and Rapid Rehousing Programs; and 3) Development Activities.
EXHIBIT 1
City Council 23 – 13 6/4/2024
Linda Wilson - Chief Housing Officer
Linda graduated with a master’s degree in counseling and is a Licensed Marriage and Family Therapist.
She has many years of experience in the non-profit sector, including over 25 years at Mercy House. Linda has worked with diverse populations in both direct service and management positions. As Chief Housing Officer, Linda is involved in new development projects and manages the permanent housing programs playing an integral role in shaping the Mercy House model into a self-sustaining, replicable solution to homelessness and creating new housing opportunities for the agency.
Elizabeth Perez - Regional Director of Housing Solutions Elizabeth Perez graduated with a master’s degree in social work and a bachelor’s degree in Social Welfare.
She has more than nine years’ experience in the non-profit sector, including over four years at Mercy House. Elizabeth has worked with diverse populations in both direct service and management positions.
As Regional Director of Housing Solutions, Elizabeth manages a group of program managers and ensures that our various housing programs in Orange County met Mercy House’s high-performance standards.
Management of Finances
Mercy House recognizes it is responsible for establishing and maintaining effective internal controls to ensure compliance with laws, regulations, contracts, and grants applicable to federal, state, local, and private funding. As a result, Mercy House has established fiscal accounting procedures in accordance with the Financial Accounting Standards Board (FASB) and as needed, GASB.
Mercy House follows certain precepts in the conduct of its activities that include:
• A Board of Directors to oversee business activities
• Written policies for all accounting procedures and internal controls • Separation of accounting duties and responsibilities
• Use software for accounting procedures that can track how grant money is spent • An annual outside audit after the fiscal year end (June 30) The objective of these practices is intended to:
• Provide a reasonable assurance that all assets are safeguarded against loss by unauthorized use or disposition
• Ensure all transactions are executed in compliance with management authorizations and are recorded properly and accurately in accordance with generally accepted accounting principles • Adequately maintain records and internal control procedures to ensure compliance with laws and regulations
Mercy House has a full-time CFO and supporting accounting team, who are responsible for the following bookkeeping activities: managing accounts payable, cash receipts and payroll; preparing monthly financial statements and grant billings and assisting with the annual budget and audit. Our CEO oversees all financial activities. Our CFO and Deputy CEO will review financial statements and budgets with each EXHIBIT 1
City Council 23 – 14 6/4/2024
Program Manager on a regular basis and will make adjustments on spending as necessary.
We utilize a fund accounting system designed specifically for non-profit agencies. We use a cash-basis accounting system. Our CFO prepares the following reports on a monthly basis: balance sheet, profit and loss statement, general ledger, grant general ledgers, a functional expense report, and other reports as needed and required. A Certified Public Accountant who is a member of the Board of Directors is responsible for reviewing all financial statements on a monthly basis, presenting the organization’s financial status at monthly Board meetings, securing Board approval of financials and preparing the annual tax returns.
Keys to Organizational Success
• Build and leverage strong, active board of directors. • Only engage in projects and services that support identified primary strategic programs.
• Continue to design and implement strict financial controls and accountability. • Align programs and services to national best practices to ensure effective service delivery, better housing outcomes and increased costeffectiveness.
Market Analysis
Orange County Housing Challenges
According to the Orange County Community Indicators Report (2024), the following present key indicators of homelessness and housing stability challenges for Orange County residents:
EXHIBIT 1
City Council 23 – 15 6/4/2024
EXHIBIT 1
City Council 23 – 16 6/4/2024
Homelessness for Families with Children in Orange County The 2022 Homeless Point-in-Time Count and Survey estimates that there are approximately 1,201 persons in families who were homeless in Orange County.
Family Coordinated Entry System
As of April 16, 2024, data from the Family Coordinated Entry System confirms that:
There are 306 families that can be matched to a suitable 2-bedroom unit. 45 of those families have Santa Ana ties.
EXHIBIT 1
City Council 23 – 17 6/4/2024
Strategic Changes
Mercy House first began operation of the Joseph House Transitional Shelter Program in 1990. It was designed to meet the needs of 10 homeless, single men within the community. Since that time, Mercy House has continuously demonstrated its commitment to serving the evolving needs of the community and agency by strategically modifying this significant housing asset multiple times. These adaptations have allowed Mercy House to effectively meet the diverse needs of various populations, ensuring the sustained relevance and impact of its services in addressing homelessness.
As a shared housing facility exclusively serving low-income and formerly homeless men, the project has encountered several significant challenges over the past few years. The impact of COVID prompted the need to reduce the number of residents served from 15 to 8 to ensure social distancing measures, particularly considering the vulnerability of elderly tenants. Additionally, there have been other notable and costly issues with the project as a result of the shared housing model.
In order to ensure the sustainability of the project for many years to come, Mercy House desires to shift the target population from low-income single men to low-income families, mirroring our successful Regina House HOME program. Notably, this transition will not displace or relocate current tenants; rather, units will gradually transition to family-oriented residences through natural attrition.
The charts below illustrate the current formation of the units and proposed changes as they relate to each unit within the property.
Current Unit Configuration (as of April 17, 2024)
Unit No. Bedroom
No.
Tenants per
Room
Population
Served
Maximum
Rent
Allowable
Rent Charged
Unit 1 Bedroom 1 1 tenant Single Male $516.00 $468.00
Bedroom 2 2 tenants Single Male $516.00 $385.00per person Bedroom 3 1 tenant Single Male $516.00 $468.00
Unit 2 Bedroom 1 1 tenant Single Male $554.00 $385.00
Bedroom 2 2 tenants Single Male $554.00 $385.00 per person Unit 4 Bedroom 1 1 tenant Single Male $443.20 $385.00
Bedroom 2 Vacant Single Male $443.20 N/A
Unit 1: Based on prevailing 2024 FMR rate for 3-bedroom Unit in Orange County at $3,769/month.
Unit 2 and 4: Based on prevailing 2024 FMR rate for 2-bedroom Unit in Orange County at $2,783/month.
EXHIBIT 1
City Council 23 – 18 6/4/2024
Modified Unit Configuration
Notes:
*Unit will convert to serving families upon tenant attrition Unit 1: Based on prevailing 2024 FMR rate for 3-bedroom Unit in Orange County at $3,769/month.
Unit 2 and 4: Based on prevailing 2024 FMR rate for 2-bedroom Unit in Orange County at $2,783/month.
Rents for tenants with vouchers would follow applicable payment standard set by the Housing Authority.
Unit No. Bedroom
No.
Tenants per Room Populatio
n Served
Maximum
Rent
Allowable
Rent Charged
Unit 1* Bedroom 1 1 tenants Single Male $1,256.00 $468.00 Bedroom 2 2 tenants Single Male $628.00/person $385.00 per person Bedroom 3 1 tenant Single Male $1,256.00 $468.00
Unit 2* Bedroom 1 2 tenants Single Male $695.75/person $385.00 per person Bedroom 2 2 tenants Single Male $695.75/person $385.00 per person Unit 4 2-bedrooms Household max of 5 Family $2,783.00 $2,783.00 EXHIBIT 1
City Council 23 – 19 6/4/2024
Program Design and Eligibility
Joseph Residence Permanent Housing Program
The Joseph Residence Permanent Housing Program is designed to cater to the needs of lowincome single men initially, with a planned transition strategy to eventually accommodate lowincome families as units become available due to attrition. This transition will be seamless and non-disruptive to current tenants, ensuring that no tenant currently benefiting from the program will be displaced.
The program offers three units of housing. One unit is three bedrooms and two units are twobedrooms. Each unit offers a kitchen, dining area, living area and bathrooms. Mercy House staff will be available to provide required supportive services include case management and life skills classes as well as emergency and maintenance assistance.
A fourth unit on the property (Unit #3) is retained by an on-site Residential Coordinator who is able to provide emergency assistance to tenants and support the program’s good neighbor policies. Mercy House would like the option to repurpose this as a family unit through attrition unless the need at the time is determined to best be served by having an onsite residential coordinator.
The targeted outcome for each individual will be long-term, stable housing. Each tenant will be provided with case management to identify barriers to permanent housing, with the ultimate goal being stable housing for each individual, whether that is through our permanent housing programs, or permanent housing outside of Mercy House’s Continuum of Care.
Eligibility for Admission
To be eligible for admission to the Joseph Residence Permanent Housing Program, an applicant must be documented and of legal age (18 years of age or older).
Every tenant will be required to be under 80% Area Median Income at time of entry and throughout their stay.
All applicants will be considered individually. Applicants will be considered when they complete the application packet and the following criteria are met:
1) Applicant’s verified minimum monthly gross income is 1 ½ times over the amountof resident’s rent payment. For Section 8 voucher holders, this requirement does not apply. 2) Household’s annual income does not exceed the low-income limits (80% of area median income) as established by HUD.
EXHIBIT 1
City Council 23 – 20 6/4/2024
3) Household income is such that applicant can satisfactorily meet their debt obligations without subtracting from other necessary living expenses. This includes payment of rent, current debt payments and basicnecessities.
4) No eviction history for a period of 2 years prior to entry. 5) No history of criminal convictions for sex offenses, violent crimes and distribution of drugs. No outstanding felony warrants.
6) No record of disturbance of neighbors, damage to or destruction of property, living or housekeeping habits at prior residences, which adversely affects the health, safety or welfare of othertenants.
7) Willing and able to live cooperatively in a communal living situation and abide by the policies outlined in the Joseph Residence Rules of Occupancy and Rental Agreement addendums.
8) Willing to participate in annual recertification meetings to verify income and continued eligibility.
Residents for the Joseph Residence Permanent Supportive Housing Program will be selected based on their eligibility as well as their need for low-income housing and the statutory purpose in leasing a socially and financially sound housing development, which provides not only a decent home and suitable living environment, but fosters economic and social diversity in the tenant body as a whole.
Structure and Location
Joseph Residence is located in the city of Santa Ana in the French Park neighborhood. Mercy House owns three other properties in the same neighborhood and has been an active participant in the community since 1990. The Joseph Residence property has access to grocery stores, restaurants and public transportation.
The property is comprised of four units, three of which will be used for permanent housing with supportive services. The three units are 2-bedroom units with adequate cooking and hygiene facilities. The fourth unit is occupied by an on-site residential coordinator.
Zoning and Uses
Joseph Residence is located in Zoning SP3 (Midtown Specific Plan) which allows multi-family dwellings by right.
EXHIBIT 1
City Council 23 – 21 6/4/2024
Rehabilitation for Use as Permanent Housing Facility for Families The Joseph Residence facility would require little rehabilitation to transition to a permanent housing facility for families. During the past year Mercy House made a number of minor repairs to the units. Prior to lease up Mercy House will inspect the units again for any necessary repairs and/or alterations in preparation for new low-income tenants. It is not anticipated that these repairs would significantly delay project start-up.
On-going Maintenance of the Facility
Mercy House has on staff Maintenance Managers who are in charge of regular maintenance and repair of Mercy House’s facilities, including the Joseph Residence Facility. Additionally, Mercy House has connections to a network of professional service volunteers who provide pro-bono services such as plumbing, electrical and landscaping as needs should arise.
Volunteer groups will be recruited to support facility beautification projects that include upgrades to the facility grounds and gardens, interior furniture replacement as well as interior and exterior painting projects.
Strategies for Sustainability and Leveraging
Mercy House has consistently funded the operations of Joseph Residence since inception through a combination of public and private sources, with private foundations and rental receipts as the primary source of funding for the project in its current state as a permanent housing facility.
Private funders are often more inclined to support programs that serve families with children therefore the population shift also fosters opportunities for long term financial support from the community to ensure its sustainability.
EXHIBIT 1
City Council 23 – 22 6/4/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: On-Call Environmental Review Services for Federally Funded Programs
AGENDA TITLE
On-Call Environmental Review Services Agreements with Rincon Consultants, Inc. and Chambers Group, Inc.
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Rincon Consultants, Inc. and Chambers Group, Inc. to provide on-call environmental review consulting services in an amount not to exceed $100,000 per year, for a total amount not to exceed $500,000, for a three-year term beginning July 1, 2024 and expiring June 30, 2027, with an option of two, one-year extensions (Agreement No. A-2024-XXX and A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
As an entitlement jurisdiction, the City receives an annual allocation of Community Development Block Grant (CDBG) funds, HOME Investment Partnerships Program (HOME) funds, and Emergency Solutions Grants (ESG) funds from the U.S.
Department of Housing and Urban Development (HUD). The Housing Authority also receives funding from HUD for the Housing Choice Voucher (HCV) Program. All projects and programs funded by these federal grants must undergo National Environmental Policy Act (NEPA) environmental assessments and/or reviews.
On March 11, 2024, the City of Santa Ana issued a Request for Proposals (RFP #24- 038A) to retain on-call environmental consultants to provide environmental assessments and/or reviews on an as-needed basis. The RFP was posted on the City's PlanetBids portal and a total of 51 firms were notified who had previously requested to be informed of such opportunities as well as other firms that staff identified through research. The deadline for the submission of complete applications was Thursday, April 4, 2024 at 4:00 p.m.
The Community Development Agency received nine proposals before the submission deadline, which, following a minimum threshold review by staff, met the minimum application requirements of the RFP. For the evaluation of the proposals received under City Council 24 – 1 6/4/2024
On-Call Environmental Review Services for Federally Funded Programs June 4, 2024
the RFP, staff formed a review panel consisting of four staff from the Community Development Agency.
The review panel met on Monday, April 8, 2024 to review the proposals and then again on Friday, April 19, 2024. Each proposal was evaluated by the review panel based only upon the evaluation criteria in the RFP. The following table summarizes the results of the evaluation by the review panel, providing the average score and ranking for each proposal:
Rank Proposal Submitted By Average Score*
1 Rincon Consultants, Inc. 90.25
2 Chambers Group, Inc. 87.50
3 PSOMAS, Inc. 83.50
4 Ultra Systems 83.50
5 Infrastructure Engineers 80.75
6 SAGECREST 80.50
7 Michael Baker International 79.00
8 WILLDAM 72.25
9 Montrose Environmental 70.50
* Maximum score was 100 points
The top-ranked proposals were from Rincon Consultants, Inc. and Chambers Group, Inc. Following this procurement process, staff recommends that the City enter into an on-call agreement with these top two firms (Exhibits # 1 and 2). Approval of this recommended action will allow staff to comply with NEPA and HUD by conducting the environmental reviews and assessments for projects and programs funded by the CDBG, HOME, ESG, and the HCV Program.
FISCAL IMPACT
Funds are available in the federal grant account programs shown below in the proposed FY 2024-25 City Budget for City Council consideration. The amounts below are estimated projections and are subject to change.
Accounting
Unit-Account Fund Description Accounting Unit, Account Description Amount 13018780-
62300 HOME Program HOME, Contract ServicesProfessional $45,000 13518780-
62300
Community
Development Block
Grant
CDBG, Contract ServicesProfessional $5,000
13518785-
62300
Emergency
Solutions Grant
ESG, Contract ServicesProfessional $5,000
14018760-
62300
Housing Choice
Vouchers
HCV, Contract ServicesProfessional $45,000
Total: $100,000
City Council 24 – 2 6/4/2024
On-Call Environmental Review Services for Federally Funded Programs June 4, 2024
EXHIBITS
1. Consultant Agreement with Rincon Consultants, Inc.
2. Consultant Agreement with Chambers Group, Inc.
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, Acting City Manager
City Council 24 – 3 6/4/2024
AGREEMENT FOR ON-CALL ENVIR.ONMENTAL REVIEW SERVICES
FOR HOUSING DMSION BETWEEN RINCON CONSULTANTS, INC.
AND crrY OF SANTA ANA
THIS AGREEMENT is made and entered Into on this 1 •t day of July. 2024 by and between Rincon Consultants, Inc., ("Consultant"), and the City of Santa Ana, a charter Qity and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. On March 11, 2024, the City issued Request for Proposal No. 24-038A C'RFP''), by which it sought environmental documentation and environmental review services for the Housing Division on an as-needed or on-oall basis. The RFP shall be incorporated by reference as though attached hereto in full.
B. Consultant submitted a timely and responsive proposal that was selected by the City.
Consultant represents that Consultant is able and willing to provide services to the City described in. the scope of work that was included in the RFP, which shall be incorporated by reference as though attached hereto.
C. In undertaking the performance of this Agreement, ConsulU\llt represents that it is . ·knowledgeable:> in its field and that any services performed by Consultant under this Agreement wlll be performed in compliance with such standards as may reasonably be expected from a professional consulting film in the field.
NOW TIIEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as fullows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agt'eement, 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 City's RFP, and Consultant's pmposal, and collectively detailed in Scope of Services - Exhibit A, attached hereto and incOrporated by reference.
Consultant shall comply with all Federal requirements detailed in the City's RFP (Exhibit III), also attached hereto as Exhibit B.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment fur its services for City, the rates and charges identified in Compensation • Exhibit C. The total amount to be expended shall not exceed $100,000 per year, for a total amount not to exceed $500,000 during the term of this Agreement including any extensions. #392648vl
EXHIBIT 1
City Council 24 – 4 6/4/2024
b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers, Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City w111 be authorized to deposit payments directly into Cot1sultant's acoount(s) with f'lilancial institutions.
Payment need not be made for work which fails to meet the $1:andards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall. conunenoe on the date first wrl�en above for a three (;}) year term with the option for the City to grant up to a two 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 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, OWNERSIDP OF MATERIALS
This Agreement creates a non-exclusive and perpetna! license for City to copy, use, modify, reuse, or sublicense any and all copyrights, desi�s, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or WQrkl! of authorship iixed In any tangible medium of expression, including but not limited to, physical drawings or data magnetically or ofuerwise recorded on computer diskettes, which are prepared or caused to be prepared by Consulta11t 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.
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EXHIBIT 1
City Council 24 – 5 6/4/2024
6. INSURANCE
Prior to U11dertaking performance of work under this Agreement, Col;lsultant shall maintain aJ;1d shall requi1'e fflY subcontractors to obtain ood maintain insurance as described below for tho enth'e Term of this Agreement against claims for injuries to persons or damage to propertywhich may arise from or in connection with services, products Md materials supplied to City. Total cost of such insurance shall be borne ·by Consultant.
MlN:IMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (COL): Insurance Services Office Form CO 00 01 covering CGL on an "occuttence" basis, including produch! and completed op!)rations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and 1ltnbrel.la/excess insurance policies.
2. Automobile Uabfilty: lS0 Form Numbet' CA 00 01 covering any auto (Code 1) with limit no less than $1,000,000 combined single limits. Jn the l.}'\'ent Consultant does not maintain commercial automQbile liability ins1u'flllce, City will accept evidence of personal automobile insurooce,
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability lnsurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not 1'equired if Consultant has no employees and signs request to waive such insurance. 4, Professional Liability (Errors and Omissions): Insurance appropriate to .the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimum tequh'ements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits. maintained by the Consultant. Any available insuran.oe proceeds in excess of the specified minh'num limits of insutance and coverage shall b1.1 available to the City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1, City, its City Council, its officers, officials, employees, agents, and vohmteers are to be covered as additional insureds, under Consultant's COL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations perfurmed by or 011 behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses Page3of9
#392648v1
EXHIBIT 1
City Council 24 – 6 6/4/2024
paid under tho terms. of any policy which arise from wolk performed by CQnsultant under this Agreement.
3. For any claims related to this coritraot, Consultant's insw:ance coverage shall be primru.y and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability ofinterest provisionmust apply for all the addition11l insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insw:er' s limits of liability,
5. lnsunm.ce policies required herein shall pn;,vide that eoverage shall not be canceled, suspended, voided, reduced in. coverage or in limits, non-renewed by thii carrier, or materially changed except after thb:ty (30) days prior wiitten notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment ofpremium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Execntlve Director, Community Development Agency, 20 Civic Center Plaza M-25, J>,O .. Box 1988, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Seif-Insured Retentio1111
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to pw:chase coverage with a lower retention 01· provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of Califbmia with a current A.M. Best's rating ofno less than A:VII, unless otherwise acceptable to the City.
Verification ofCuvetttge
Consultant shall furnish the City with original certificates and amendatoryendorsements ( or copies of the applicable poliey language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the COL policy listing all policy endorsements before work begins, How�er, failure to obtain the requited documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right 10 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 natw:e of the risk, prior experience, insurer, coverage, or other special circumstances. 7, INl)ll;MNIFICATION
Consultant agrees to defend, and shall indemoify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: ( 1) for personal b:tjury, damages,just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may ru.ise from the
#392648vl
EXHIBIT 1
City Council 24 – 7 6/4/2024
negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section l of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and . hold harmless agreement applies to all claims for damages, just oompt11l!lation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events refuted to in 1hls Section or by reason of the terms of, or effect.s, arising fi:0111 this Agreement. The Consultant further agrees to indemnify; hold hru:mless, and pay all costs for the defense of the City, inoludi1.1g fees and costs for special counsel to be selected by the City, regarding any E1ction by a third party , challenging the validity of this Agreement, or E1Ssertmg that personal injury, damages, just compensation, restitution, ju.clicial or equitable relief due to pers◊nal or property rights arises by reason of the terms oJ; or effects arising ftom this Agreement. City may lllllk.e all reason.able decisions with respect to its representation in a;nylegal proceeding. Notwithstanding the foregoing, to the extent Consultant's sexvices are suluect to Civil Code Section 2782.8, the above in,demnity shall be limited, to the extent required by Civil Code Seetion 2782.8, to claims that arise out of, permin to, or relate to the negligence, recklessness, or willful misC()llduct of the Consultant.
8. INTELLECTUAt. PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or doOUiiJ.ents pmvided by Consultant to the City pursuant to this Agreement. !), 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 1111der thfa 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 undt11: this Agreement All such reoords and invoices shall be clearly identifiable. Consultant shall allow a representative of the City tc examine, audit, and make transllripts or copies of such records and any other documents created pursuant to tlns Agreement during regular business hours. Consultant shall allow inspection of all work, data, doc11tnents, proceedings, and activities related to this Agreement for a period of three {3) yoors from the date of final paymeutto 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 suoh information except in 1he performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own infbrmation of like importance, but in no event less than reasonable care. ''Confidential InfortnE1tion.'' shall include all nonpublic information. Confidential info1mation includes not only written informatio1.1, but also information transferred orally, visually, electronically, or by other means. Confidential
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EXHIBIT 1
City Council 24 – 8 6/4/2024
information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations Qf non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sourc::es; (b) Is, through no fault of the Consultant disclosed in a publicly available source; ( o) is In dghtful possession of the Consultant without an obligation of confidentiality; ( d) is requh'ed to be disclosed by operation of law; or ( e) is independently developed by the Consultant without reference to information disclosed by the City,
11, CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or iudh'eot, which would conflict in any manner with perfonnance of services specified under this Agreement.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, mlUi.tal status, sexual orientation, gender identity, gender expressiol)., gender, medical conditions, genetic information, or milita:ry and veteran status, age, national. odgln, ancestry, or disability, as def med and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, tennination or other employment related activities or any serviees provided under this Agreement. Consultant affirms tbiitit is an equal opportunity eru:ployor and shall comply with .all applicable federal, state and local. laws and regulations. 13, EXCLVSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the �ent of a conflict between tbe terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in .ulditlou 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, ol'ally 01· otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSJGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
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EXHIBIT 1
City Council 24 – 9 6/4/2024
15. TERMINATION
This Agreement may be tenninated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice . of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all wot:kproduct(s) completed as of such.date, and in such case such work pi;oduct shall be the property of the City unless prohibited by law, and Consultant consents to the City's us"' thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fulls to meet the standard of performance specified in the Recitals of this A,greement. 16, WAIVER
No waiver -0f breach, failute 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 bo deomed a waive,: of any other breach, failure, right or remedy, whether or not similat, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION -VENUE
This Agreement has been executed and delivered it1 the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and govemed by the laws of the State .of California. Both parties further agree that Orange C-Ounty, California, shall bo the venue for any aetion or proceeding that may be brought or arise out o( in connection with or by reason of this Agreement.
18. PROFESSIONAL LlCENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services herelltlder and requited by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other gbvernmental 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 Page7of9
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EXHIBIT 1
City Council 24 – 10 6/4/2024
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax:714-647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Deanna Hansen
Vice President
Rincon Consultants, Inc.
250 East 1
st Street, Suite 1400
Los Angeles, CA 90012
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addl:essed and ttansmitted 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 pm'JX)ses of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undel'Signed 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.
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EXHIBIT 1
City Council 24 – 11 6/4/2024
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
ATTEST:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:�cl.u.
An
Assistant
drea Garcia-Miller
City Attorney
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RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
#392648v l
CITY OF SANTA ANA
Alvaro Nuiiez
Acting City Manager
CONSUL TANT:
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EXHIBIT 1
City Council 24 – 12 6/4/2024
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT 1
City Council 24 – 13 6/4/2024
CITY OF SANT A ANA
EXHIBIT I
SCOPE OF SERVICES
Consultant shall perform services as set forth below.
A. General Requirements
1. Consultant shall:
i. Be an independent contractor capable of providing experienced, knowledgeable and professional staff.
ii. Be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. iii. Provide adequate staffing and budget levels at all times and adhere to established schedules.
iv. Be knowledgeable of and comply with federal, state and local regulations, including but not limited to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and the Santa Ana Municipal Code.
v. Provide environmental services under the direction of City staff. vi. Participate in community meetings, public presentations and outreach, as needed based on each activity/task.
vii. Prepare all notices, submit filings, conduct scoping meetings, attend City staff meetings, assist staff in preparing staff reports, findings, approvals, presentations, and any other related activities.
viii. Have provide electronic copies of all documents as well as physical copies if requested.
B. Environmental Noticing Documents & Technical Reports
1. Consultants shall demonstrate expertise in the preparation of environmental noticing documents and the preparation of technical reports as required by CEQA and NEPA including but not limited to:
i. Phase I and Phase II Environmental Site Assessments
ii. Environmental Impact Statements (EIS)
iii. Environmental Impact Reports (EIRs)
iv. Environmental Assessments and Compliance Findings - 24 CFR Part 580 v. Environmental Reviews for Categorically Excluded Activities/Projects - Section 58.5
vi. Lead Risk Surveys
vii. Lead and Asbestos Testing, Monitoring and Clearances viii. Soils Testing
ix. Mold Testing
x. Sewage & Bacterial Surveys
xi. Fire, Smoke, and Soot Hazards
xii. Remedial Actions
xiii. Groundwater Monitoring
xiv. Health Risk Assessments
EXHIBIT 1
City Council 24 – 14 6/4/2024
CITY OF SANT A ANA
xv. Air Quality/Greenhouse Gas Emissions Modeling
xvi. Biological Resources Studies
xvii. Noise Attenuation/Acoustical Evaluations
xviii. Hydrological Studies
xix. Cultural Resources Studies
xx. Peer Reviews
xxi. Initial Study
xxii. Categorical Exemption (CE)
xxiii. Notice of Exemption (NOE)
xxiv. Negative Declaration (ND)
xxv. Mitigated Negative Declaration
xxvi. Initial Document
xxvii. Addendum
xxviii. Supplemental
xxix. Subsequent
xxx. Programmatic
xxxi. Notice of Preparation
xxxii. Notice of Completion (NOC)
xxxiii. Notice of Availability (NOA)
xxxiv. Notice of Determination (NOD)
xxxv. Notice of Intent (NOi)
xxxvi. Finding of No Significant Impact (FONSI)
xxxvii. Preliminary Environmental Study Form (PES)
xxxviii. Preliminary Environmental Analysis Report (PEAR) xxxix. HUD Environmental Review Online System (HEROS)
xi. Any other appropriate accompanying technical studies or reports EXHIBIT 1
City Council 24 – 15 6/4/2024
Services Provided and Implementation Schedule/Proposed Work Plan C. Services Provided and Implementation
Schedule/Proposed Work Plan
Overall Approach
At Rincon, we take a solution-oriented approach to the environmental review process that focuses on resolving problems. This is accomplished in a variety of ways, including:
• Effectively engaging stakeholder groups and the public • Participating in the City's development review process • Developing familiarity with the City's various development codes and unique approaches to CEQA and NEPA • Conducting efficient kickoff meetings that identify potential issues or critical data needs for early discussion • Supplying staff with the capabilities to provide both environmental and planning support services • Developing effective mitigation measures for identified impacts • Devising alternatives that respond to environmental conditions and good planning principles Rincon project managers and analysts are skilled at assisting agencies in not only meeting the legal requirements of the CEQA and NEPA processes, but also in ensuring a project is consistent with the City's ordinances, codes, Santa Ana General Plan, and the Central/Downtown Santa Ana Complete Streets Plans; regional planning documents including the Southern California Association of Governments (SCAG) Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS); and the relevant standards of other local, State, or federal agencies (e.g. John Wayne Airport, County of Orange, California Department of Transportation [Caltrans] District 12, California Department of Fish and Wildlife [CDFW) South Coast Region, Regional Water Quality Control Board [RWQCB] Region 8, State Water Resources Control Board [SWRCB], United States Army Corp of Engineers [USACE] Los Angeles District, and United States Department of Housing and Urban Development [HUD) Region IX).
At Rincon, we understand the need to become an extension of City staff in conducting the environmental review process. We will provide the City with regular progress reports on work status, as well as the budget. Our teamwork approach will ensure that the City has direct access to strong technical expertise, and our local experience helps to ensure understanding of community issues and local political concerns.
Our firm has successfully prepared hundreds of CEQA and NEPA documents for agencies throughout California, including the City of Santa Ana. We can assist the City with preparation and processing of environmental review documents including the following:
• NEPA compliance documents (Categorical Exclusion [Subject/Not Subject to Section 58.5), EA/FONS!, EIS • HUD Environmental Review Online System (HEROS)
• Initial Study (IS) addressing all the environmental impact categories listed on the City's IS checklist • Required CEQA notices (Notice of Preparation [NOP], Notice of Intent [NOi], Notice of Availability [NOA], Notice of Completion [NOC], Notice of Determination [NOD], Notice of Exemption [NOE)) • Categorical Exemption, Affordable Housing Exemption, Sustainable Communities Project Exemption (SCPE) • IS-ND, IS-MND, MND Addendum
• Sustainable Communities Environmental Assessment (SCEA) • Draft and Final EIR (Project, Program, Focused, Master, Staged) • EIR Addendum, Supplemental EIR, Subsequent EIR
• Infill Streamlining under Appendices M and N of the CEQA Guidelines • MMRP, Response to Comments, Statement of Overriding Considerations, CEQA Findings • Statutory Worksheets
Rincon Consultants, Inc. 3
EXHIBIT 1
City Council 24 – 16 6/4/2024
City of Santa Ana
On-call Environmental Review Services for Housing Division Our work products will meet the requirements of the CEQA Guidelines, City-specific thresholds of significance, State and local planning and zoning law, NEPA, and the National Historic Preservation Act. Vanessa Villanueva, as Project Manager, and Deanna Hansen, as Principal-in-Charge, have been involved in numerous projects in the City of Santa Ana from inception to implementation; making our Rincon team exceptionally qualified to prepare environmental review documents for your development projects expeditiously and efficiently.
Preparing CEQA and NEPA documentation commonly involves reviewing documents, attending meetings with the lead agency and project applicant, interacting with regulatory agencies, preparing reports, and attending public meetings and hearings. For the CEQA process, this task typically starts with a review of the CEQA Guidelines to assess whether a project is exempt from more detailed environmental review. Categorical Exemptions are well defined in the CEQA Guidelines and include the categories of projects that would not likely result in significant environmental effects (e.g., repairs or replacements of existing facilities, infill development). In non-exempt cases, we would complete an IS checklist to determine the appropriate environmental clearance document under CEQA. For projects where all impacts can clearly be mitigated and where there is not a strong base of public controversy, an ND or MND is prepared. For projects that may result in a significant environmental impact, an EIR is typically the appropriate CEQA document. When an EIR is required, we utilize the IS and scoping process to focus the document on impacts that can potentially result in significant impacts. For NEPA, appropriate federal agency consultation will be required. Documentation may involve Categorical Exclusions (Subject to or Not Subject to Section 58.5), EAs, or EISs. In some cases, CEQA and NEPA apply to a project, and a joint CEQA/NEPA document may be appropriate. In other cases, federal lead agencies prefer to process final review documentation after the CEQA environmental review is finalized.
In addition to assisting our clients, including the City of Santa Ana, with the CEQA/NEPA processes, our environmental planning group has regularly prepared a broad range of technical studies (e.g., quality, biology, cultural resources, greenhouse gas [GHG] emissions, hazards, noise) to help design teams develop projects that avoid or minimize significant environmental effects. Moreover, as described in "Technical Studies" in our proposal, our team members have prepared many of these studies in the Orange County area, and therefore, we are highly familiar with both local and broader agency requirements. Our environmental planning team also supports developing and implementing MMRPs, including biological monitoring, revegetation and habitat restoration, or archaeological monitoring, which may be required through the environmental planning process.
The scope of work for any environmental document or specialized technical study will depend upon the nature of the project being analyzed and will vary from project to project. We have assumed that most documentation will involve NEPA review, a lesser number will involve CEQA review, and that a range of specialized studies will also be requested. The following briefly describes our approach to preparing typical CEQA/NEPA documents.
Approach to CEQA Document Preparation
Upon receiving an inquiry from the City on a particular project, an early step will be determining what level of CEQA review will be required. Rincon's Project Manager, Vanessa Villanueva, will obtain a detailed project description from the City staff members and consider the location, scale, and implementation timeframe.
Preliminary site research will be conducted, and CEQA Guidelines for all technical studies and environmental documentation will be consulted. We are familiar with the City's certified program-level El Rs, such as the 2010 EIR for the Transit Zoning Code, which can be used for streamlining options, such as addenda or compliance under Section 15183 of the CEQA Guidelines. Notably, Rincon has previously used the 2010 EIR for the Transit Zoning Code to complete two separate EIR addendums for the First American Mixed-Use Project and 4th and Mortimer Project between 2019 and 2021. As such, under this contract, we will consider all streamlining options during our preliminary review of each project.
For projects that cannot be streamlined, the following are the typical procedures for an IS-MND and EIR. For tasks involving City review, Rincon estimates a period of 15 days for the City to complete a round of review.
IS-MND Process
• Task 1 - Kickoff Meeting. A kickoff meeting will typically be held with one week of notice-to-proceed with City staff to confirm study objectives and approaches, communication protocol, and schedule. • Task 2 - Project Description. The project description will be submitted within approximately two weeks of the kickoff meeting and receipt of information regarding the project. • Task 3 - Administrative Draft IS-MND. The Administrative Draft IS-MND will be typically prepared between four to six weeks, depending on the complexity of the project and technical studies required. 4 EXHIBIT 1
City Council 24 – 17 6/4/2024
Services Provided and Implementation Schedule/Proposed Work Plan • Task 4 - Public Review Draft IS-MND. Rincon will typically deliver the Public Review Draft IS-MND within one to two weeks of receipt of comments on the Administrative Draft IS-MND. The Public Review Draft EIR will circulate for a period of 20 to 30 days. Rincon will also assist with preparing and filing the NOi, NOC, and Summary Form with the State Clearinghouse (SCH) and the NOi with the County Clerk. • Task 5 - Final IS-MND. Rincon will prepare written responses and submit them to staff for review within one to two weeks of receipt of all comments received by close of the public review period. Corrections will be made as necessary, and a final set of responses will be provided to enclose with the Final IS-MND to be considered for approval. The Final IS-MND will typically be provided within one week of receipt of all City comments regarding the responses. The Final IS-MND will be in the form of a single document that includes the Draft IS-MND, mitigation measures and MMRP as well as all agency and public comments and responses to comments. If desired, we can also prepare CEQA findings for the project in conjunction with the Final ISMND. Once the Final IS-MND is approved, and within five days of said approval, Rincon will assist with the preparation and filing of the NOD and filing fees with the SCH and County Clerk.
EIR Process
• Task 1- Kickoff Meeting. A kickoff meeting will typically be held within two weeks of the notice-to-proceed with City staff to confirm study objectives and approaches, communication protocol, and schedule. • Task 2 - EIR Project Description. Rincon will prepare a description of the project being analyzed, including its site and existing conditions, project characteristics relevant to the EIR analysis, project objectives, and required discretionary approvals. This typically includes textual, tabular, and graphic presentation. • Task 3 - IS-NOP. Rincon will prepare an IS checklist with supporting discussion, typically within four weeks.
The IS will cover all items on the City's environmental checklist and will include facts and analysis to support all conclusions. Upon City approval of the IS, we will circulate the IS and NOP of a Draft EIR for public review. • Task 4 - EIR Scoping Meeting. If required, a scoping meeting will be held during the 30-day NOP period to introduce the community to the proposed project and obtain input on the EIR scope of work (note: scoping meetings are required only for "regionally significant" projects). • Task 5 - Administrative Draft EIR. Rincon will prepare an Administrative Draft EIR within six to eight weeks of release of the NOP. The EIR will include the following:
o Executive Summary. Summary of the proposed project and associated environmental consequences presented in tabular format to simplify review by decision-makers and the public. o Introduction and Environmental Setting. Introductory sections (required by CEQA) that lay the groundwork for and summarize the substantive analysis to follow; the introduction describes the purpose and legal authority of the study, and provide a discussion of lead, responsible and trustee agencies; and the environmental setting provides a general description of the existing urban geographic character of the city and the site vicinity.
o Environmental Impact Analysis. Analysis of impacts determined in the IS to be potentially significant; includes four main components:
- Setting. Description of current conditions with respect to the issue in question, including the existing regulatory environment.
- Impact Analysis. Discussion of potentially significant effects of the proposed project, impacts are typically compared to established "thresholds of significance." - Mitigation Measures. Methods by which significant effects can be reduced or eliminated. - Level of Significance after Mitigation. Discussion of whether proposed mitigation measures reduce impacts to below the adopted significance threshold. - Other CEQA-Requlred Discussions. EIRs also include other discussions required by the CEQA Guidelines, including an analysis of potential growth-inducing impacts, a listing of significant irreversible changes, and a discussion of areas of public controversy. - Alternatives. See alternatives discussion following "Approach To NEPA Document Preparation." • Task 6 - Draft EIR. Rincon will incorporate City comments and complete the Draft EIR, typically within two to three weeks. The Draft EIR will circulate for a period of 30 to 45 days. Rincon will also assist with preparing and filing the NOA, NOC, and Summary Form with the SCH and the NOA with the County Clerk. • Task 7 - Final EIR. Rincon will complete the Final EIR after the receipt of all written comments received during the review period. The Final EIR will consist of the comments, responses, and corrections to the Draft Rincon Consultants, Inc. 5
EXHIBIT 1
City Council 24 – 18 6/4/2024
City of Santa Ana
On-call Environmental Review Services for Housing Division EIR (if any are warranted), and the MMRP. If desired and required, we will also prepare CEQA Findings and a Statement of Overriding Consideration for the project. o Response to Comments. Within two to three weeks of receipt of all comment letters on the Draft EIR, Rincon will submit draft Response to Comments. Within one week of receipt of City comments on the draft report, Rincon will prepare the final Response to Comments. o MMRP. Concurrent with the Responses to Comments report, Rincon will prepare an MMRP, which will be included in the Final EIR.
o NOD. Within five days of EIR certification and project approval (if any), Rincon will assist with the preparation and filing of the NOD with the County Clerk and SCH along with the filing fee (to be paid by the project applicant).
Approach to NEPA Document Preparation
Upon receiving an inquiry from the City on a particular project with federal agency involvement, an early step will be determining what level of NEPA review will be required. Rincon's project manager will obtain a detailed project description from the City staff members and consider the location, scale, and implementation timeframe.
Preliminary research on the site will be conducted, and existing technical studies and environmental documentation will be consulted. The following are typical procedures for an EA/FONSI and EIS. For tasks involving City review, Rincon estimates a period of 15 days for the City to complete a round of review.
EA/FONSI Process
• Task 1- Kickoff Meeting. Similar to IS-MND process.
• Task 2 - Administrative Draft EA/FONSI. The Administrative Draft EA/FONSI will be provided within six to eight weeks of receipt of notice to proceed and approval of the project description. • Task 3 - Public Review Draft EA/FONSI. Rincon will deliver the Public Review Draft EA/FONSI within one to two weeks of receipt of City comments on the Administrative Draft EA/FONSI. • Task 4 - Final EA/FONSI. Rincon will prepare written responses and submit them to City staff for review within seven days of receipt of all comments received after the closing of the public review period. The Final EA/FONSI will be provided within one week of receipt of all comments regarding the responses.
EIS Process
• Task 1- NOi and Scoping Process. Similar to EIR process. • Task 2 - Scoping Meeting. Similar to EIR process.
• Task 3 - Description of Project Alternatives. Similar to EIR process, except all potential alternatives will be described in an equal level of detail, as required by NEPA. • Task 4 - Administrative Draft EIS. Similar to EIR process except all potential alternatives will be analyzed at an equal level of detail, as required by NEPA.
• Task 5 - Draft EIS. Similar to EIR process.
• Task 6 - Final EIS
o Responses to Comments/Preliminary Final EIS. Similar to EIR process. o Final EIS Publication. NEPA requires a 30-day review period for a Final EIS. The EIS will need to be made available for an additional 30-day review period following its publication. • Task 7 - Record of Decision (ROD). The ROD will be issued no sooner than 30 days after the approved Final EIS is distributed or 90 days after the Draft EIS is circulated.
We also have experience preparing Categorical Exclusions for capital improvement projects and small residential projects. Categorical Exclusions we have prepared for the City have typically consisted of street improvements (e.g., sidewalk replacements, ADA-curb ramp installations) or other public facility improvements (e.g., parks and libraries). The process and document for a Categorical Exclusion is akin to an abbreviated EA/FONSI, which can be typically completed within six to eight weeks. Historically, the City has managed all NEPA notices; however, Rincon can also assist with the preparation and posting of the Notice of Intent to Request Release of Funds (NOI/RROF) and subsequent RROF.
6 EXHIBIT 1
City Council 24 – 19 6/4/2024
Services Provided and Implementation Schedule/Proposed Work Plan Alternatives
For El Rs, EAs, and EISs, a reasonable range of alternatives will be identified during the study in concert with City staff. For El Rs, evaluating alternatives will typically be in less detail than that for the proposed project. However, the analysis will give decision-makers and the public adequate information to decide between alternatives. This section will also identify the "environmentally superior alternative." If the "no project - no building" alternative is deemed environmentally superior, the EIR will identify the alternative among the remaining scenarios. As noted above, NEPA requires analysis of each project alternative in an equal level of detail; therefore, all project alternatives will be analyzed in a single "Environmental Consequences" chapter.
Public Hearings/Meetings
From Rincon's experience working on many public works development projects and long-range planning programs, we understand the need to effectively engage the public in the planning and environmental analysis process. Communication with the stakeholders will ensure the success of most large-scale El Rs and EISs. Rincon will prepare materials for, attend, and participate, as needed, in all major public meetings, including public workshops, open houses, and public hearings leading up to certification of the El Rs.
Although Rincon typically assists with filing notices with the County Clerk and SCH, assistance with other activities associated with document circulation (e.g., newspaper noticing, radius mailing) may also be part of Rincon's scope of work depending on the City's preference. For current NEPA projects under our on-call with the City of Santa Ana, we have not yet submitted projects through the HUD online portal HEROS. However, our team has utilized the HEROS platform to assist other Responsible Entities, including Ventura County, and will be able to guide the City through these requirements and execute this task as a Partner User for City staff when necessary.
Technical Studies
In addition to assisting our clients with the CEQA and NEPA processes, our staff are skilled in the preparation of a broad range of technical studies, including air quality, aesthetics, biological resources (wetland delineation, special status species analysis), cultural resources, GHG emissions, health risk assessments, hydrological studies, environmental site assessments (ESAs), noise, site remediation, and water supply assessments. Often, these studies are performed before finalizing a proposed project to assist project design teams in developing a project that avoids or minimizes significant environmental effects during the design phase. These studies have included simple special-status species surveys used in site selection and feasibility, and more detailed protocol level surveys to meet specific ordinance and permitting agency requirements (Caltrans, RWQCB, USAGE, CDFW, etc.). Our environmental team also supports our clients with developing and implementing MMRPs, including biological monitoring, revegetation and habitat restoration, or archaeological monitoring, which may be required through the environmental planning process. Rincon has extensive experience preparing the various types of technical reports that the City might require under a contract for environment and impact analysis.
When detailed studies for such issues as transportation/traffic and lead and asbestos testing/ monitoring/abatement are required, we have excellent and long-standing relationships with subconsultants specifically qualified for those reports, including those with extensive regional and local experience, such as Ganddini Group, Inc. (Ganddini Group) with an office in Santa Ana and Aurora Industrial Hygiene (Aurora) with offices in South Pasadena and San Diego. Based on the nature of work anticipated under this contract, Rincon has selected Ganddini Group and Aurora to support future work (included under "Section F. Subconsultants.") However, Rincon has capacity to provide the City information with and add additional subconsultants on an asneeded and project-by-project basis.
Of the technical studies conducted by Rincon's in-house professionals and experts, we anticipate that historic compliance review pursuant to NEPA and ESAs would be among the most common standalone studies conducted in support of the anticipated nature of the work under this contract. The following describes Rincon's approach to these specific technical studies.
Historic Compliance Review
Rincon's Architectural History team has extensive experience working with the City and will provide the appropriate level of historic compliance review. Work efforts will include providing thorough, defensible documentation in support of Section 106 and CEQA compliance, through field surveys, eligibility evaluations, impacts assessments, and the preparation of technical reports. Rincon will also assist the City's Housing Division Rincon Consultants. Inc. 7
EXHIBIT 1
City Council 24 – 20 6/4/2024
City of Santa Ana
On-call Environmental Review Services for Housing Division in ongoing compliance review and provide input as needed. Our architectural history staff has extensive experience supporting Santa Ana in these efforts and has a long track record of completing successful projects towards this end. Recently, we assisted the City's Housing Division in navigating a particularly delicate tribal consultation process under Section 106 for the Bewley Street Intergenerational Housing Project and, as a result, we are deeply knowledgeable in how to facilitate this process moving forward and assist the City with fostering relationships with consulting tribal and other interested historic groups. We also have a nuanced understanding of historic resources, regulations, and other considerations that guide historic compliance review in the City.
Section 106 Review
For each project, Rincon will coordinate with the City to determine whether Section 106 review is required. For projects requiring Section 106 review, the following tasks would typically be performed by Rincon:
• Coordinate with the City and SHPO as needed to establish the Area of Potential Effects (APE) • Following APE map approval by the State Historic Preservation Officer (SHPO), initiate Section 106 outreach to interested parties and stakeholders; in accordance with 36 CFR 800.4(a)(3), outreach will include the Native American Group contact program and the local historic group/local government contact program • Request a records search of the California Historical Resources Information System from the South Central Coast Information Center to identify any previously recorded cultural resources within the APE • Complete literature review and focused archival research to characterize the construction chronology and historic setting of each of-age property; previous studies and historic context statements will be used to the maximum extent practicable to streamline project schedule and resources • Complete a historic property assessment, according to National Register of Historic Places (NRHP) criteria, for all of-age buildings, structures, sites, and other built environment features within the APE • Document the results of the historic property assessment in a Section 106 report; all properties 50 years of age and older within the APE will be recorded on Department of Parks and Recreation Series 523 forms • For APE properties found NRHP eligible, assess the effect of the proposed undertaking on the historic properties; the report will make one of three findings: "No Effect, No Adverse Effect, or Adverse Effect" • Analyze the proposed undertaking for compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties; where project components might not comply with the Secretary's Standards, Rincon will coordinate with the City to make recommendations for feasible project modifications that would eliminate or minimize adverse environmental effects • Incorporate the results of the analysis into the Finding of Effect report completed for the project Based on our previous work with the City, and external experience working with SHPO and HUD on similar projects, Rincon assumes the following regarding the scope of work for historic compliance review:
• The APE would be limited to direct effects; should a broader indirect APE be required, cost may be higher should additional properties require assessment and recordation • A maximum of one of-age built environment property will need assessment and recordation; should additional properties require assessment and recordation, the costs may be higher • No more than one NRHP-eligible or designated historic property will require project-level review for Secretary's Standards compliance
Environmental Site Assessments
Rincon has provided environmental site assessment services for the City for almost 25 years.
Phase I Environmental Site Assessment
Phase I ESAs are used to determine current and historical site uses, are useful tools to identify the likely presence of contaminants at a site and are recommended to meet due diligence standards for property acquisition. While Phase I ESAs are typically prepared to meet ASTM standards, not all Phase I ESAs provide equal value. Rincon tailors a Phase I ESA to meet client and project specific needs and ensures that the most relevant information is clearly described and easily accessible.
8 EXHIBIT 1
City Council 24 – 21 6/4/2024
Services Provided and Implementation Schedule/Proposed Work Plan For this contract, Rincon will perform Phase I ESAs in accordance with ASTM E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, but using strategic approaches tailored to meeting the City's needs. Phase I ESAs will be performed by support staff under the supervision or responsible charge of a qualified Environmental Professional as defined in ASTM E1527-13. The scope of work for a Phase I ESAs is detailed in ASTM E1527-13 and consists of the following tasks:
• Record Review. A records review will be conducted to help identify potential environmental liabilities associated with current and past uses of the project site. The review will include both environmental information and historical use information readily available in public records and the records maintained by the City, as well as performing a computer database records search in accordance with minimum search distances and required database specified in ASTM E1527-13. Environmental agency file reviews will be conducted for unauthorized release sites that fall within a project site, adjacent properties, or nearby properties that would be expected to impact the site. Applicable historical use information will also be assessed by a review of two or more of the following: Sanborn Fire Insurance maps, city directory listings, USGS topographic maps, aerial photographs, and building permit files. In addition, property tax records, chain of title reports, or lien search reports, will be reviewed, if provided by the City. • Site Reconnaissance. Rincon will coordinate with the City to appropriately access a site and conduct a reconnaissance to identify obvious potential environmental liabilities. Immediately adjacent properties (as accessible) will be visually inspected from public thoroughfares. Site use practices that may have impacted the property will be reviewed (e.g., storage tanks, drums and containers, chemicaljwaste storage). • Interviews. In coordination with the City, and upon authorization, Rincon will conduct interviews with site owners, or a designated representative of a site owner, past site owners, and occupants/tenants to obtain additional information regarding past and present site uses as they may have affected the property. • Reports. Rincon will prepare reports in accordance with the requirements of ASTM E1527-13 and will document the information and findings of the research and reconnaissance, include a series of maps identifying existing site and nearby land uses, and provide conclusions regarding the potential presence and impact of environmental site conditions. The Phase I ESA report will be signed by the Environmental Professional and will include the required declaration statement.
Phase II Environmental Site Assessment
The objective of a Phase II ESA is to evaluate the nature and extent of contamination and to assess the significance of the contamination relative to established threshold levels or some other risk-based criteria. Phase II ESAs will be developed by the Phase II ESA TA Manager in coordination with the project manager, who is a California-licensed Professional Engineer, and the Principal-in-Charge, who is a California-licensed Professional Geologist and Certified Hydrogeologist. We understand that a Phase II ESA project under this contract may involve assessment of soil, groundwater, soil vapor, water pipelines and related infrastructure materials, and/or building materials.
Assessment is typically conducted in phases, which may include a preliminary site assessment, one or more subsequent phases of assessment, periodic monitoring, risk assessment, and an evaluation of risk-based cleanup levels. The assessments also involve working within established regulatory agency guidelines for assessment and reporting. That said, Rincon approaches Phase II ESAs holistically; we balance the benefits of a phased approach with the benefits of optimizing data collection during a single mobilization to meet project deadlines. While each project will be scoped, developed, and implemented consistent with the City's needs and relevant site-specific information, our approach to Phase II site investigations will include the following tasks:
• Work Plan. After the initial kick-off meeting with the City (and potentially a regulatory oversight agency, if applicable), Rincon will develop a work scope to achieve the established assessment goals. A work plan will be prepared that details project objectives; site history and background; regulatory framework; pre-field work tasks (e.g., permitting, notifications, utility clearance); site assessment tasks; methodology and procedures; laboratory analysis; quality assurance/quality control; reporting; and project schedule. • Health and Safety Plan. Prior to commencement of an assessment, a site-specific health and safety plan (HSP) will be prepared. For complicated sites or site with high levels of contamination, an additional review may be performed by Rincon's Health and Safety Officer pending site conditions. A site safety meeting will be held whereby all field personnel will be informed of possible site conditions and provided with a copy of the HSP. During the field work, daily tailgate meetings will be held prior to the commencement of each day's activities and a copy of the HSP will be on-site at all times. All site personnel, subcontractors, and visitors who enter the exclusion zone will be required to sign the HSP form daily.
Rincon Consultants, Inc. 9
EXHIBIT 1
City Council 24 – 22 6/4/2024
City of Santa Ana
On�call Environmental Review Services for Housing Division • Sampling of Desired Media. Upon receipt of the City's approval of a work plan (and regulatory oversight agency approval, if applicable), samples will be collected by support staff and overseen by the project manager. Samples can be obtained using a variety of methods (e.g., surface grab sample, shallow hand auger sample, backhoe sampling, high-flow/low-flow groundwater sampling, soil vapor sampling, direct push sampling, or hollow-stem auger or air rotary drilling). The appropriate sampling methodology is dependent on the suspected source of contamination (point source or non-point source); suspected type of contaminant (volatile or non-volatile); media affected (soil, groundwater, and/or soil vapor); anticipated depth of contamination; and soi If geologic conditions at a site. Depending on the scope of work, soil vapor wells, soil vapor probes, groundwater monitoring wells, groundwater extraction wells, or other sampling devices may need to be installed at a site. Licensed professionals will perform or oversee the installation of sampling devices, where applicable. Prior to any subsurface assessment, Underground Service Alert utility notification service will be contacted and the area to be disturbed will be identified. The proposed locations will be provided to the City for the identification of possible subsurface utility conflicts. • Laboratory Analyses. Depending on the project schedule and budget, samples will be analyzed through an on-site laboratory (for very quick turn-around projects) or through a fixed laboratory (standard schedule project). A California-certified laboratory approved by the City will perform all analyses. • Data Analysis and Reporting. Sample analytical results will be tabulated and maps depicting sample collection points and pertinent data will be prepared. The data analysis will include a discussion of the nature and extent of contamination, and recommendations for follow-up work, if needed. Site closure, if appropriate, will be considered following all assessments. Additional assessment, remediation, or health risk assessment will be considered if site closure does not appear to be a viable alternative. All aspects of the Phase II ESA will be conducted under the direct oversight of a California Professional Geologist, or a California Professional Civil Engineer. Our on-staff California Professional Geologist, or a California Professional Civil Engineer, will sign and stamp all assessment reports. 10 EXHIBIT 1
City Council 24 – 23 6/4/2024
EXHIBITB
FEDERAL REGULATIONS
a. Federal Regulations - Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension -As required by Executive Orders 12549 and 12689, and 2 CPR §200.212 and codified in 2 CPR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) -All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, EXHIBIT 1
City Council 24 – 24 6/4/2024
including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors ( or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39.
In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations ( 41 CFR, Subtitle B, Chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Califomia Public Contract Code Section 10295.3, as applicable.
I. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti-Kickback" Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor - Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F .R. Part. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
EXHIBIT 1
City Council 24 – 25 6/4/2024
(3) Breach- A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F .R. §
5.12. m. Davis-Bacon Act-Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors ( or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CPR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors ( or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act ( 42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CPR Part 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the EXHIBIT 1
City Council 24 – 26 6/4/2024
preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract ( or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such equipment.
( 4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau ofinvestigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F .R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
EXHIBIT 1
City Council 24 – 27 6/4/2024
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this EXHIBIT 1
City Council 24 – 28 6/4/2024
contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
EXHIBIT 1
City Council 24 – 29 6/4/2024
EXHIBITC
COMPENSATION
Fee Proposal including hourly rates if applicable
EXHIBIT 1
City Council 24 – 30 6/4/2024
Cost Proposal
H. Cost Proposal
This information is confidential and for the sole purpose of fulfilling the contract information request. Please do not publish. If you have any questions regarding this submittal, please refer those only Deanna Hansen, Lacrissa Davis, or Norma Garcia.
N I Off. Fringe Benefit% Overhead% FCCM % _ Combined % orma • ice 86.71% + 105.43% + 0.00% - 192.14% Billing Information Calculation Information
Fee %
25.00%
Normal Hourly Effective Date of Hourly Rate Hourly Rate % or $ Name/Classification Billing Rate From To by EE Type Increase Senior Principal $529.99 8/1/2024 7/31/2025 $143.98 0.00% $548.53 8/1/2025 7/31/2026 $149.02 3.50%
$567.73 8/1/2026 7/31/2027 $154.23 3.50%
$587.60 8/1/2027 7/31/2028 $159.63 3.50%
$608.17 8/1/2028 7/31/2029 $165.22 3.50%
Principal $322.60 8/1/2024 7/31/2025 $87.64 0.00%
$333.89 8/1/2025 7/31/2026 $90.71 3.50%
$345.58 8/1/2026 7/31/2027 $93.88 3.50%
$357.67 8/1/2027 7/31/2028 $97.17 3.50%
$370.19 8/1/2028 7/31/2029 $100.57 3.50%
Director $330.48 8/1/2024 7/31/2025 $89.78 0.00%
$342.04 8/1/2025 7/31/2026 $92.92 3.50%
$354.02 8/1/2026 7/31/2027 $96.17 3.50%
$366.41 8/1/2027 7/31/2028 $99.54 3.50%
$379.23 8/1/2028 7/31/2029 $103.02 3.50%
Senior Supervisor II $281.12 8/1/2024 7/31/2025 $76.37 0.00% $290.95 8/1/2025 7/31/2026 $79.04 3.50%
$301.14 8/1/2026 7/31/2027 $81.81 3.50%
$311.68 8/1/2027 7/31/2028 $84.67 3.50%
$322.59 8/1/2028 7/31/2029 $87.64 3.50%
Supervisor I $232.23 8/1/2024 7/31/2025 $63.09 0.00%
$240.36 8/1/2025 7/31/2026 $65.30 3.50%
$248.77 8/1/2026 7/31/2027 $67.58 3.50%
$257.48 8/1/2027 7/31/2028 $69.95 3.50%
$266.49 8/1/2028 7/31/2029 $72.40 3.50%
Senior Professional II $211.80 8/1/2024 7/31/2025 $57.54 0.00% $219.22 8/1/2025 7/31/2026 $59.55 3.50%
$226.89 8/1/2026 7/31/2027 $61.64 3.50%
$234.83 8/1/2027 7/31/2028 $63.80 3.50%
$243.05 8/1/2028 7/31/2029 $66.03 3.50%
$199.36 8/1/2024 7/31/2025 $54.16 0.00%
Senior Professional I $206.34 8/1/2025 7/31/2026 $56.06 3.50% $213.56 8/1/2026 7/31/2027 $58.02 3.50%
$221.04 8/1/2027 7/31/2028 $60.05 3.50%
$228.77 8/1/2028 7/31/2029 $62.15 3.50%
Professional IV $166.34 8/1/2024 7/31/2025 $45.19 0.00% $172.16 8/1/2025 7/31/2026 $46.77 3.50%
$178.19 8/1/2026 7/31/2027 $48.41 3.50%
$184.43 8/1/2028 7/30/2028 $50.10 3.50%
$190.88 8/1/2028 7/31/2029 $51.86 3.50%
Professional Ill $147.42 8/1/2024 7/31/2025 $40.05 0.00% $152.58 8/1/2025 7/31/2026 $41.45 3.50%
$157.92 8/1/2026 7/31/2027 $42.90 3.50%
$163.45 8/1/2027 7/31/2028 $44.40 3.50%
$169.17 8/1/2028 7/31/2029 $45.96 3.50%
Rincon Consultants, Inc. 23
EXHIBIT 1
City Council 24 – 31 6/4/2024
City of Santa Ana
On-call Environmental Review Services for Housing Division Billing Information Calculation Information
Normal Hourly Effective Date of Hourly Rate Hourly Rate % or $ Name/Classification Billing Rate From To by EE Type Increase Professional II $134.06 8/1/2024 7/31/2025 $36.42 0.00% $138.75 8/1/2025 7/31/2026 $37.69 3.50%
$143.61 8/1/2026 7/31/2027 $39.01 3.50%
$148.64 8/1/2027 7/31/2028 $40.38 3.50%
$153.84 8/1/2028 7/31/2029 $41.79 3.50%
Professional I $114.22 8/1/2024 7/31/2025 $31.03 0.00%
$118.22 8/1/2025 7/31/2026 $32.12 3.50%
$122.36 8/1/2026 7/31/2027 $33.24 3.50%
$126.64 8/1/2027 7/31/2028 $34.40 3.50%
$131.07 8/1/2028 7/31/2029 $35.61 3.50%
Associate Ill $92.02 8/1/2024 7/31/2025 $25.00 0.00%
$95.24 8/1/2025 7/31/2026 $25.88 3.50%
$98.58 8/1/2026 7/31/2027 $26.78 3.50%
$102.03 8/1/2027 7/31/2028 $27.72 3.50%
$105.60 8/1/2028 7/31/2029 $28.69 3.50%
Field Technician $110.43 8/1/2024 7/31/2025 $30.00 0.00% $114.29 8/1/2025 7/31/2026 $31.05 3.50%
$118.29 8/1/2026 7/31/2027 $32.14 3.50%
$122.43 8/1/2027 7/31/2028 $33.26 3.50%
$126.72 8/1/2028 7/31/2029 $34.43 3.50%
Data Solutions Architect $201.90 8/1/2024 7/31/2025 $54.85 0.00% $208.97 8/1/2025 7/31/2026 $56.77 3.50%
$216.28 8/1/2026 7/31/2027 $58.76 3.50%
$223.85 8/1/2027 7/31/2028 $60.81 3.50%
$231.69 8/1/2028 7/31/2029 $62.94 3.50%
Senior GIS Specialist $188.72 8/1/2024 7/31/2025 $51.27 0.00% $195.33 8/1/2025 7/31/2026 $53.06 3.50%
$202.17 8/1/2026 7/31/2027 $54.92 3.50%
$209.24 8/1/2027 7/31/2028 $56.84 3.50%
$216.57 8/1/2028 7/31/2029 $58.83 3.50%
GIS Specialist II $146.06 8/1/2024 7/31/2025 $39.68 0.00% $151.17 8/1/2025 7/31/2026 $41.07 3.50%
$156.46 8/1/2026 7/31/2027 $42.51 3.50%
$161.94 8/1/2027 7/31/2028 $43.99 3.50%
$167.61 8/1/2028 7/31/2029 $45.53 3.50%
GIS Specialist I $147.53 8/1/2024 7/31/2025 $40.08 0.00% $152.70 8/1/2025 7/31/2026 $41.48 3.50%
$158.04 8/1/2026 7/31/2027 $42.93 3.50%
$163.57 8/1/2027 7/31/2028 $44.44 3.50%
$169.30 8/1/2028 7/31/2029 $45.99 3.50%
Technical Editor $105.09 8/1/2024 7/31/2025 $28.55 0.00% $108.77 8/1/2025 7/31/2026 $29.55 3.50%
$112.58 8/1/2026 7/31/2027 $30.58 3.50%
$116.52 8/1/2027 7/31/2028 $31.65 3.50%
$120.59 8/1/2028 7/31/2029 $32.76 3.50%
Project Accountant $178.74 8/1/2024 7/31/2025 $48.56 0.00% $184.99 8/1/2025 7/31/2026 $50.26 3.50%
$191.47 8/1/2026 7/31/2027 $52.02 3.50%
$198.17 8/1/2027 7/31/2028 $53.84 3.50%
$205.11 8/1/2028 7/31/2029 $55.72 3.50%
Billing Specialist $112.75 8/1/2024 7/31/2025 $30.63 0.00% $116.69 8/1/2025 7/31/2026 $31.70 3.50%
$120.78 8/1/2026 7/31/2027 $32.81 3.50%
$125.01 8/1/2027 7/31/2028 $33.96 3.50%
$129.38 8/1/2028 7/31/2029 $35.15 3.50%
24 EXHIBIT 1
City Council 24 – 32 6/4/2024
Cost Proposal
Billing Information Calculation Information
Normal Hourly Effective Date of Hourly Rate Hourly Rate % or $ Name/Classification Billing Rate From To by EE Type Increase Publishing Specialist $136.59 8/1/2024 7/31/2025 $37.11 0.00% $141.37 8/1/2025 7/31/2026 $38.41 3.50%
$146.32 8/1/2026 7/31/2027 $39.75 3.50%
$151.44 8/1/2027 7/31/2028 $41.14 3.50%
$156.74 8/1/2028 7/31/2029 $42.58 3.50%
Clerical $128.83 8/1/2024 7/31/2025 $35.00 0.00%
$133.34 8/1/2025 7/31/2026 $36.23 3.50%
$138.01 8/1/2026 7/31/2027 $37.49 3.50%
$142.84 8/1/2027 7/31/2028 $38.81 3.50%
$147.84 8/1/2028 7/31/2029 $40.16 3.50%
Rincon Consultants, Inc. 25
EXHIBIT 1
City Council 24 – 33 6/4/2024
#392669v1
AGREEMENT FOR ON-CALL ENVIRONMENTAL REVIEW SERVICES
FOR HOUSING DIVISION BETWEEN CHAMBERS GROUP, INC.
AND CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 1
st day of July, 2024 by and between
Chambers Group, Inc., (“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. On March 11, 2024, the City issued Request for Proposal No. 24-038A (“RFP”), by which it sought environmental documentation and environmental review services for the Housing Division on an as-needed or on-call basis. The RFP shall be incorporated by reference as though attached hereto in full.
B. Consultant submitted a timely and responsive proposal that was selected by the City.
Consultant represents that Consultant is able and willing to provide services to the City described in the scope of work that was included in the RFP, which shall be incorporated by reference as though attached hereto.
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 City’s RFP, and Consultant’s proposal, and detailed in Scope of Services - Exhibit A, attached hereto and incorporated by reference.
Consultant shall comply with all Federal requirements detailed in the City’s RFP (Exhibit III), also attached hereto as Exhibit B.
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 C. The total amount to be expended shall not exceed $100,000 per year, for a total amount not to exceed $500,000 during the term of this Agreement including any extensions.
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b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to a two 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 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.
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6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
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 and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with limit no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
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, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability (Errors and Omissions): Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The above required insurance policies are to contain or be endorsed to contain the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses City Council 24 – 36 6/4/2024
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paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza M-25, P.O. Box 1988, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Consultant shall furnish the City with original certificates and 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require 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 City Council 24 – 37 6/4/2024
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negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’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 Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
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 City Council 24 – 38 6/4/2024
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information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
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 Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
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15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the 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 City Council 24 – 40 6/4/2024
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first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Mike McEntee
President
Chambers Group, Inc.
3151 Airway Avenue, Suite F208
Costa Mesa, CA 92626
Fax: 866-261-3100
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 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 City Council 24 – 41 6/4/2024
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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 Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By:
Andrea Garcia-Miller Name:
Assistant City Attorney Title:
RECOMMENDED FOR APPROVAL:
Michael L. Garcia
Executive Director
Community Development Agency
President
Mike McEntee
City Council 24 – 42 6/4/2024
EXHIBIT A
SCOPE OF SERVICES
City Council 24 – 43 6/4/2024
CITY OF SANTA ANA
Consultant shall perform services as set forth below.
A. General Requirements
1. Consultant shall:
i. Be an independent contractor capable of providing experienced, knowledgeable and professional staff.
ii. Be responsive and maintain excellent working relationships with city residents, businesses, government officials and City staff. iii. Provide adequate staffing and budget levels at all times and adhere to established schedules.
iv. Be knowledgeable of and comply with federal, state and local regulations, including but not limited to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and the Santa Ana Municipal Code.
v. Provide environmental services under the direction of City staff. vi. Participate in community meetings, public presentations and outreach, as needed based on each activity/task.
vii. Prepare all notices, submit filings, conduct scoping meetings, attend City staff meetings, assist staff in preparing staff reports, findings, approvals, presentations, and any other related activities.
viii. Have provide electronic copies of all documents as well as physical copies if requested.
B. Environmental Noticing Documents & Technical Reports
1. Consultants shall demonstrate expertise in the preparation of environmental noticing documents and the preparation of technical reports as required by CEQA and NEPA including but not limited to:
i. Phase I and Phase II Environmental Site Assessments
ii. Environmental Impact Statements (EIS)
iii. Environmental Impact Reports (EIRs)
iv. Environmental Assessments and Compliance Findings - 24 CFR Part 580 v. Environmental Reviews for Categorically Excluded Activities/Projects - Section 58.5
vi. Lead Risk Surveys
vii. Lead and Asbestos Testing, Monitoring and Clearances viii. Soils Testing
ix. Mold Testing
x. Sewage & Bacterial Surveys
xi. Fire, Smoke, and Soot Hazards
xii. Remedial Actions
xiii. Groundwater Monitoring
xiv. Health Risk Assessments
EXHIBIT I
SCOPE OF SERVICES
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CITY OF SANTA ANA
xv. Air Quality/Greenhouse Gas Emissions Modeling
xvi. Biological Resources Studies
xvii. Noise Attenuation/Acoustical Evaluations
xviii. Hydrological Studies
xix. Cultural Resources Studies
xx. Peer Reviews
xxi. Initial Study
xxii. Categorical Exemption (CE)
xxiii. Notice of Exemption (NOE)
xxiv. Negative Declaration (ND)
xxv. Mitigated Negative Declaration
xxvi. Initial Document
xxvii. Addendum
xxviii. Supplemental
xxix. Subsequent
xxx. Programmatic
xxxi. Notice of Preparation
xxxii. Notice of Completion (NOC)
xxxiii. Notice of Availability (NOA)
xxxiv. Notice of Determination (NOD)
xxxv. Notice of Intent (NOI)
xxxvi. Finding of No Significant Impact (FONSI)
xxxvii. Preliminary Environmental Study Form (PES)
xxxviii. Preliminary Environmental Analysis Report (PEAR) xxxix. HUD Environmental Review Online System (HEROS)
xl. Any other appropriate accompanying technical studies or reports City Council 24 – 45 6/4/2024
City Council 24 – 46 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
14 CEQA Document Preparation
Chambers Group’s will provide the City with a tailored approach that adapts to changes in CEQA case law and any CEQA Guideline updates. Our experienced group of environmental planning staff has an in-depth understanding of CEQA that ensures that we are able to determine the correct CEQA document for the project. For example, the Berkeley Hillside Preservation v. City of Berkeley case gives deference to the lead agency for determining when a project may be exempt from CEQA. The summaries below highlight the general approach of CEQA, other technical services, and general administrative support to the City.
Preparing the IS: Preparation of an IS Checklist will be completed to confirm the appropriate environmental documentation for a given project. The IS will be prepared using the most recent revision of the IS Environmental Checklist Form suggested in the CEQA Guidelines Appendix G in compliance with CEQA Section 15063. Chambers Group will identify issue areas where no impacts, less than significant impacts, or potentially significant impacts would result from the proposed project.
Further analyses will be provided for specific resource areas that may be of concern based on the project area or based on technical analyses provided by outside consultants. These include analyses on a project’s consistency and applicability to the City’s General Plan policies, zoning, and specifications. The IS will be used as a guide in the decision as to the appropriate environmental documentation to prepare for the project. Chambers Group will provide a recommendation for the appropriate level of CEQA documentation. We understand the importance of being good stewards of public funds and will use our CEQA expertise to ensure that the City is preparing the appropriate CEQA document based on the project impacts and project type. This is our standard approach, but it is understood that in some circumstances an Initial Study checklist is not necessary for support of a Categorical Exemption. If a discussion with the City indicates the project is not a risk for a challenge and is generally supported by the community, the Chambers Group will likely opt to skip the CEQA Checklist tasks while developing a Categorical Exemption.
Notice of Exemption (NOE): Chambers Group, in consultation with the City, will determine if there is an appropriate exemption for a project. A project will be analyzed whether it would qualify for a Statutory Exemption (per Article 18) or a Categorical Exemption under the CEQA Guidelines. Exclusions granted by the Legislature would be considered statutorily exempt. An IS may be prepared to confirm the preparation of an exemption or provide supplemental environmental analysis for the project. The exemption may also include other technical studies if required by the project. Chambers Group will file the NOE with the Orange County Clerk Recorder.
ND/MND: The process for preparing a ND is the same as a MND with the exception that a Mitigation Monitoring and Reporting Program (MMRP) is not required under an ND. Therefore, only the MND process is described. A MND will be prepared when a project will have a significant effect on the environment, but such effects can be mitigated to a less than significant.
If after preparation of the IS, it is identified that one or more significant impacts would occur, CEQA allows the preparation of an MND when those impacts can be mitigated to a less than significant level. Based on CEQA defined significance criteria, Chambers Group will determine the potential for any adverse or significant adverse impacts and present mitigation measures to reduce any such impacts to a level below significance.
EIR: Preparation of an EIR is a more detailed process and requires more effort than the preparation of a MND. An EIR would be prepared if there is a potential for significant impacts which cannot be mitigated to a level less than significant or if significant public controversy or scrutiny exists. In which case, an EIR would be the more legally defensible document. Preparing an EIR will require completion of several important steps, from study initiation through development of the project description and Draft EIR, to attendance at public hearings and Final EIR preparation. The process for a more complex EIR would likely include additional scoping meetings (if the project is deemed to be controversial), complexity of technical issues, number of alternatives assessed, possibility of extra internal review cycles, more complexity in responding to public comments for the final document, a more in-depth mitigation monitoring plan, and additional public meetings.
City Council 24 – 47 6/4/2024
City Council 24 – 48 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
16 assist City Staff in developing scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require these meetings (such as during the preparation of an EIS. While it is not necessary to conduct scoping meetings during the preparation of Environmental Assessment, this could be helpful in data collection for a project.
NEPA Documents: NEPA Literature Review and Scoping Meeting(s): After receiving NTP from the City, Chambers Group will be prepared to meet with the City’s Project Manager and staff, when applicable, at a Project Initiation/Kick-off Meeting to discuss the project. Chambers Group will receive project plans, and other project related information and studies. This information will be reviewed in order to determine the appropriate NEPA documentation to be prepared.
Chambers Group will assist City Staff in developing scoping meetings and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require these meetings (such as during the preparation of an EIS). While it is not necessary to conduct scoping meetings during the preparation of an EA, this could be helpful in data collection for a project.
Categorical Exclusion: There are certain conditions under which NEPA does not apply to an action. These conditions include, but are not limited to statutory exemptions, emergencies, and classified information. Any of these, and some additional exempted actions, may involve the City to some degree, by way of location of the action within the City.
Thus, the City may have a role in the NEPA process as a Review Agency, or as a Lead or Co-Lead Agency. As such, the City may be responsible for the preparation of some type of record of environmental consideration, documenting the applicability of the NEPA Categorical Exclusion.
EA/Findings of No Significant Impact (FONSI): An EA is to be a concise public document that focuses on those environmental areas where potential adverse impacts are anticipated. It will provide sufficient evidence and analysis to determine whether or not an EIS is required. The EA would be limited to an analysis of potential significant environmental issues which are identified through a scoping process with the public and review agencies. The EA will include brief descriptions of the need for the proposed project, alternatives to the proposed project, the environmental impacts of the proposed project and its alternatives, and a listing of agencies and persons consulted. Based on the Final EA, Chambers Group will prepare the FONSI that outlines the reasons why the federal agency has concluded that no significant environmental impacts would result from implementation of the proposed action. The FONSI will inform the decision record for the federal agency.
EAs and Compliance Findings - 24 CFR Part 580: Chambers Group will prepare an EA in accordance with HUD’s format for EA Determinations and Compliance Findings for HUD-assisted Projects (24 CFR Part 58).
The EA will be prepared utilizing the format preferred by HUD, which includes the following sections:
1. Project Information
2. Funding Information
3. Compliance with 24 CFR 50.4, 58.5, and 58.6 Laws and Authorities
4. EA Factors
5. Mitigation Measures and Conditions
The analysis of the environmental effects and significance will address direct, indirect, and cumulative impacts of all the alternatives considered. These include the discussion of the Project’s compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6, and environmental assessment factors including land development, socioeconomic, community facilities and services, and natural features as appropriate. Upon completion of the EA, Chambers Group will enter the EA and associated documents into the HUD HEROS.
HUD HEROS: To help Responsible Entities facilitate the environmental review process, HUD’s Office of Environment and Energy (OEE) has developed HEROS. HEROS is a web-based system for Responsible Entities to prepare and manage their Environmental Review Records (ERR). HEROS applies to all environmental reviews for HUD-assisted projects.
HEROS streamlines the environmental review process for Users by replacing the existing paper-based process with a comprehensive web-based system. Users can create electronic Environmental Review Records and manage their reviews from a single, electronic portal. HEROS facilitates easier organization, sharing, and communications between a Responsible Entity and its partners. Chambers Group has experience working within the HEROS system.
City Council 24 – 49 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
17 EIS: An EIS would be required if a federal action would result in significant effects of the quality of the human environment. Chambers Group would prepare Chambers Group would prepare the NOI for publication in the Federal Register for the Project. The comments received on the NOI will be used to further refine those impact areas that will be analyzed in the EIS, if needed. The comments reviewed will be discussed with the City and federal agency to determine whether the scope of the EIS should be expanded. The NOI, comments received, and all correspondence will be included in the EIS appendices. The EIS will address direct, indirect, and cumulative impacts relevant to the proposed action. Following the public review period, the Final EIS would incorporate comments, responses, and changes to the Draft EIS (DEIS). The EIS process ends with a Record of Decision that outlines that federal agency’s decision, describes alternatives considered, and discusses any necessary mitigation or monitoring plans.
Technical Studies
The following studies and services are in response to services listed in the RFQ, however, if additional studies (such as visual impact assessments and simulations or hydrologic/hydraulic assessments) are required as part of completing CEQA compliance and documentation, we would be happy to provide those services through a combination of in-house and subconsultant personnel.
Biological and Resource Technical Reports
Biological Resources: Chambers Group’s biology team may utilize our deep bench of well-rounded biologists allowing for scheduling of simultaneous tasks at multiple sites. Our biological resources staff hold permits from the USFWS and CDFW for collecting select species, conducting protocol surveys for sensitive species, and following specialized habitat evaluation procedures. The biology staff includes botanists and restoration ecologists who survey sensitive plant species as well as specialize in restoration, revegetation, and soil analysis. In addition, Chambers Group staff are certified to perform wetland delineations. Our staff have conducted numerous database searches, Habitat Assessments, threatened and endangered species surveys, mitigation monitoring, and reports in Orange County.
Chambers Group biologists will prepare biological technical documents, develop mitigation measures during the final design to avoid, minimize, and/or compensate for impacts to biological resources, and prepare any required restoration and mitigation monitoring plans. Chambers Group biologists, if requested by the City, will coordinate with wildlife agencies and assist in a full range of consultant services under federal and State endangered species acts. Our staff provides permit assistance for all project aspects (including a USACE Clean Water Act Section 404 permit, CDFW Section 1602 Lake and Streambed Alteration Agreement, and RWQCB Section 401 Water Quality Certification). In addition, our staff will communicate and coordinate with the City’s engineer and environmental staff, resource agencies, and construction contractors regarding project schedules and the effects of design changes on the environment. Our staff will anticipate issues and provide solutions to avoid conflict. Should a project involve HUD, biological assessments will include a discussion of the Project’s compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4,
58.5 and 58.6.
Cultural and Paleontological Resources
Chambers Group can provide Cultural Site Evaluations, Cultural Resource Mitigation, Historic American Buildings Survey/Historic American Engineering Record (HABS/HAER) mitigation of Built Environment Resources, Ethnographic Studies, Historic Resource Treatment and/or Mitigation Plans, and Paleontological Resource Recovery, Analysis, and Restoration.
Our archaeologists conduct cultural resources studies in accordance with the Secretary of Interior Standards for archaeological investigation. In addition, our archaeologists also:
• Manage large programs and multiple concurrent task orders in compliance with Sections 106 and 110 of the NHPA, Archaeological Resources Protection Act (ARPA), and Native American Graves Protection and Repatriation Act (NAGPRA)
• Perform National Register of Historic Places (NRHP) evaluations • Prepare Historic Property Management Plans
• Work with California SHPO to determine eligibility of historic buildings City Council 24 – 50 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
18 Additionally, Chambers Group paleontologists have extensive experience in providing services involving initial surveys, mitigation plans, surface collection, construction monitoring, fossil salvage, laboratory preparation, cataloguing and transferring, technical reports, and exhibits.
Cultural/Paleontological Assessments: The Chambers Group team has extensive experience in cultural resources management services including, archaeology (both historic and prehistoric), historic structures, and ethnography, and has extensive experience throughout Southern California.
Chambers Group brings experience in coordinating with the SHPO, Native American Heritage Commission (NAHC), Native American groups, and other land management agencies such as the Bureau of Indian Affairs (BIA), Bureau of Land Management (BLM), California Department of Transportation (Caltrans), HUD, USACE, USFWS, and US Forest Service (USFS). Additionally, the team has an excellent working relationship with tribal representatives throughout California.
Chambers Group team is prepared to support the City in all areas of cultural resources as required under CEQA, and/or Section 106 of the NHPA, as amended.
Should a project involve HUD, cultural and paleontological assessments will include a discussion of the project’s compliance with statutes, executive orders, and regulations listed at 24 CFR 50.4, 58.5 and 58.6.
Archaeological Reconnaissance Surveys: To satisfy State requirements, Chambers Group archaeologists will conduct Archaeological Reconnaissance Surveys (if necessary) of project areas. Our archaeologists are equipped with sub‐meter accurate Global Positioning System (GPS) units that can have proposed project boundaries delineated ahead of time to document areas assessed, areas with limited access/visibility, and to develop a sensitivity map based on the literature review and survey. Survey notes include descriptions of the survey area(s), site conditions, and other relevant observations.
Archaeological/Paleontological Technical Reports: After completing Archaeological Literature Reviews and Archaeological Reconnaissance Surveys, Chambers Group will prepare project-specific CEQA Archaeological Technical Reports which summarize literature reviews, survey results, and will include the following sections: (a) introduction, (b) proposed project description, (c) Summary of literature reviews, (d) methods used to conduct the surveys, (e) results of the existing conditions of cultural resources on the site, (f) recommendations, and (g) references cited. The reports will include current photographs and maps documenting site conditions summary of any archaeological resource findings observed.
AB 52 Consultation: Chambers Group will perform AB 52 Tribal Consultation Support on behalf of the City if requested.
As the Lead Agency, the City is required to provide formal notification to the designated contact or tribal representative of traditionally and culturally affiliated Native American tribes within the geographic area(s).
Our team will prepare notification letters that include a brief project description and a map of the proposed project.
Then, we will consult with the tribes to develop appropriate mitigation measures to avoid or minimize impacts to TCRs.
Historical Resources Survey and Documentation: As needed, Chambers Group will conduct historical resources surveys to photo document and assess the current condition of historical resources. The historical resources will be recorded on appropriate DPR 523 series forms. In preparing the DPR 523 forms, the existing condition of the resources will be photographed and described in detail. We will prepare technical reports in compliance with CEQA standards.
The reports will include historic contexts, a summary of field methods and results, significance evaluations of historic period resources under appropriate criteria.
Air Quality, GHG, and Noise Analysis (Vista Environmental) Vista Environmental will provide the following tasks for conducting an air quality analysis, GHG analysis, and noise analysis for a project. The results of these studies would then be incorporated into the appropriate CEQA document, or in a standalone report. These tasks may vary depending on the project to be analyzed. Vista Environmental is also qualified to provide Energy and HRAs if required for a project. A detailed scope will be provided on a project basis.
Air Quality and GHG Analysis: Santa Ana is located within the South Coast Air Basin and the air emissions in the Air Basin are regulated by the South Coast Air Quality Management District (SCAQMD). Specifically, the City is responsible for the assessment and mitigation of air emissions resulting from its land use decisions. The City relies on the expertise of City Council 24 – 51 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
19 the SCAQMD and utilizes the SCAQMD CEQA Handbook as the guidance document for the environmental review of plans and development proposals within its jurisdiction.
Vista Environmental’s approach used for air quality analyses are dependent on if it is to be prepared for CEQA, NEPA, or Caltrans standards but typically includes identifying the air quality setting, obtaining the criteria pollutant concentrations from the nearest monitoring station, providing a summary of all applicable air quality regulations, identifying the applicable thresholds of significance, evaluating and quantifying regional criteria pollutant emissions from construction and operations through use of California Emissions Estimator Model® (CalEEMod), evaluating localized criteria pollutant concentrations through use of SCAQMD Look-Up Tables or through use of AERMOD, providing an odor analysis that identifies potential odor sources and sensitive receptors that may be impacted, and determining if any thresholds have been exceeded and, if necessary, providing mitigation to reduce impacts to less than significant levels.
The approach used for GHG emissions analyses typically includes identification of GHG pollutants and their impacts to climate change, identification of applicable plans, policies and regulations and thresholds of significance, evaluation, and quantification of GHG emissions from construction and operations through the use of CalEEMod, determination of any thresholds have been exceeded, and if necessary develop mitigation to reduce impacts to less than significant levels, and provide a consistency analysis to determine if the project would conflict with any applicable plan for reducing GHG emissions.
Noise Impact Analysis: Vista Environmental’s approach used for noise analyses typically includes identifying noise sources in the project study area, obtaining noise measurements of the existing ambient noise levels in the vicinity of the project site, evaluating construction-related noise impacts at the nearby sensitive receptors through use of Federal Highway Administration’s (FHWA) Roadway Construction Noise Model (RCNM), utilizing FHWA’s RD-77-108 or TNM noise models to model traffic noise increases created by the project, utilizing reference noise measurements and standard drop-off rates or the SoundPlan model to analyze noise impacts from non-transportation noise sources, and determining if any thresholds have been exceeded and, if necessary, providing mitigation to reduce impacts to less than significant levels.
Phase I ESA (Converse)
Converse will generally follow the standard practices of the American Society for Testing Materials (ASTM) Phase I ESA Process (Standard: E1527-13) and HUD Guidelines. The ASTM Standard E1527-13 is intended to satisfy one of the requirements to qualify for the Landowner Liability Protections (LLP) within the scope of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), that is, the practices that constitute all appropriate inquiry (AAI, 40 CFR Part 312) into the previous ownership and uses of the property consistent with good commercial or customary practice. The following Scope of Services is proposed:
1. Review of regulatory agency records, aerial photographs, fire insurance maps, city directories, building permits, United States Geological Survey (USGS) topographical maps and other non-standard historical sources.
2. Visual survey of property and adjacent sites for indications of potential for contamination or contamination generators.
3. A reasonable attempt will be made to interview the owner(s), site manager(s), and major occupant(s), and to contact State or local government officials.
4. Prepare report signed by an Environmental Professional for electronic submittal.
Phase II ESA and Soil Testing (Converse)
The objectives of a Phase II investigation are to: evaluate the likelihood that potentially hazardous materials are present at the site; assess the nature and concentrations of the chemical compounds; assess the vertical and horizontal extent of impacted soil through testing, as well as the impact to groundwater; determine if the subject property will require some form of remediation and evaluate the most feasible remedial alternative to remediate the site. The scope of services for a Phase II investigation is typically based on the results of a Phase I ESA and/or other Phase II investigations.
Phase II investigations may include the following: a Geophysical Survey, collection and testing of soil, soil vapor, indoor air, and/or groundwater samples, field screening of samples, and/or laboratory analysis of samples.
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City of Santa Ana
20 Converse will generally follow the standard practices of the ASTM Standard Practice for Environmental Site Assessments: Phase II ESA Process (ASTM E1903-19). If a Soil Gas Survey is to be completed, it will be in general accordance with the Advisory-Active Soil Gas Investigations by the California Department of Toxic Substances Control (DTSC) and California RWQCB, dated July 2015.
Lead and Asbestos Testing, Monitoring and Clearance (Converse) Asbestos Survey: The Asbestos Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized.
1. Visual survey of the structure on-site for suspect asbestos-containing materials and homogeneous areas (areas that have uniform color, texture, and appearance). If construction plans and/or specifications are available, Converse can review these items to help in the identification of potential asbestos-containing materials (ACMs). Suspect materials will be divided into friable and non-friable materials. The homogenous materials will be placed in one of the following Environmental Protection Agency (EPA) categories:
• Surfacing Materials (sprayed or troweled-on materials) • Thermal Systems Insulations (materials generally applied to various mechanical systems) • Miscellaneous Materials (any materials which do not fit in the above categories) Accessible interior and exterior areas will be sampled for the presence of asbestos. Destructive sampling will not be performed. Samples of general building components (i.e., visually identical flooring material and ceiling tiles) will be assumed to be representative of materials used throughout the building. Converse will not make a second effort to survey building, or portions of building, not accessible during the field reconnaissance.
No destructive sampling methods will be employed during this survey. Therefore, void spaces between walls, floors, ceiling or below soil level will not be observed or sampled.
2. Collect samples of suspect ACMs in representative homogenous areas determined by visual examination and review of plans. Up to 80 bulk samples will be collected following accepted EPA procedures and will be analyzed for asbestos content.
The strategy for the collection of asbestos samples will be in accordance with EPA guidance document “Asbestos in Buildings: Simplified Sampling Scheme for Friable Surfacing Materials," EPA 560/5-85-030a, October 1985, 40 CFR 763 (AHERA), and appropriate air pollution control district regulations. According to Occupational Safety and Health Administration (OSHA) Regulation 29 CFR 1926.1101, a minimum of three samples must be collected of each suspected ACM.
3. During the collection of bulk samples, damage to the materials sampled is often necessary to obtain representative samples. Converse will attempt to collect the bulk samples in inconspicuous locations (behind doors, in closets, in corners); however, it will not always be possible, and sample locations will be visible to the owner/occupant/tenant.
Converse will patch interior plaster/drywall sample locations and exterior stucco walls with patching materials.
However, Converse will not be held responsible for the quality or usefulness of the patching repairs. Samples of vinyl flooring materials will not be patched but will be encapsulated with spray adhesive.
In addition to the bulk samples collected from the interiors of the building, samples will be collected from the roofs and exteriors of the building. However, Converse does require written authorization for roof sampling. Please note that puncturing a roof membrane will typically invalidate any warranty for the roof. In addition, Converse does not guarantee the quality or usefulness of roof patching material.
4. Samples collected will be processed for shipment to an accredited laboratory following Environmental Protection Agency (EPA) protocol and chain-of-custody procedures. Samples at the laboratory will be analyzed, on a normal turnaround basis (5 business days), for asbestos content using polarized light microscopy (PLM).
The results of the survey will be evaluated to determine if asbestos-containing building materials are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list of materials surveyed found to contain asbestos, and a field generated sample location map. An electronic file (portable document format [PDF] format) of the final document will be provided to the Client.
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RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
21 Lead-based Paint (LBP) Survey: The LBP Survey will be limited to the predominant style of accessible components that are present in the building. The survey will be performed using a direct reading x-ray fluorescent (XRF) device. Based on Converse’s understanding of the property, and the client’s needs, budget and schedule as presented, the following Scope of Services is proposed:
1. Visual survey of the areas for representative painted surfaces. Accessible areas will be surveyed. Samples of general building components (i.e., visually identical surface paints) will be assumed to be representative of materials used throughout the building.
2. The limited survey is intended to identify representative painted surfaces. The survey is not intended to identify all painted surfaces or comply with HUD Guidelines, unless stated elsewhere in final project scope of work.
The results of the survey will be evaluated to determine if lead is present in the surveyed paints. The XRF logs will be provided in the final report. The logs will contain the following information: paint color of component tested, type of substrate, lead concentration, and condition of paint. The results of the LBP Survey will be incorporated into the Asbestos Survey Report.
Lead Risk Surveys: Converse will follow HUD Guidance Document Chapter 5 for Risk Assessment and Reevaluation.
Scope will include:
1. Determine scope. 2. Interview residents and/or owners.
3. Survey building condition. 4. Determine whether units will be sampled and, if so, select units.
5. Conduct visual assessment. 6. Conduct dust sampling.
7. Conduct soil sampling. 8. Conduct paint testing as needed.
9. Sample tap water (optional). 10. Interpret the laboratory results.
11. Analyze data and discuss with client. 12. Prepare report.
Limited Polychlorinated Biphenyls (PCB) Caulking Survey: The PCB Caulking Survey will be limited to the predominant style of accessible materials that are present at the building. Non-destructive sampling methods will be utilized as the structure is occupied.
1. Visual survey of the structure on-site for locations and condition of the caulk. Areas to be assessed include:
• Caulk used to seal doors, windows and expansion joints including any areas where caulk was removed and/or replaced during past renovations.
• Caulk found inside the building on the floor, windowsills, ledges, concrete joints, or other areas. • Interior halls and common use areas, particularly in areas where there is a potential for caulk to be touched or peeled away by a person.
• Exterior areas, particularly in areas where there is a potential where the caulk may have impacted soil in a frequently used area such as a garden, play areas, bus stops and children pick up areas.
2. Bulk samples will be submitted to an accredited laboratory and analyzed by EPA Test Method 8082 on a standard turnaround time of 5 to 7 business days.
3. The limited survey is intended to identify representative caulking materials. The survey is not intended to identify all materials.
The results of the survey will be evaluated to determine if PCBs are present in the collected and analyzed samples. The analytical test results will be presented together with the sample locations, a list of materials surveyed found to contain PCBs, and a field generated sample location map.
Inventory of Other Hazardous Materials: Converse will inventory the following within the building:
• Fluorescent Light Fixtures
• Thermostats
• Drums and/or containers of Hazardous Materials
The fluorescent light fixtures will not be disassembled to access and observe the ballasts. Converse will assume one ballast is located within each florescent light fixture. All homogenous light fixtures will be assumed to be the same throughout a particular building.
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RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
22 Thermostats will not be disassembled to observe if mercury is present or not. The thermostats will only be inventoried.
Drums and/or containers of chemicals or hazardous materials will also be inventoried. Unlabeled drums or containers will not be opened by Converse.
The inventory will be provided in a section of the Asbestos and LBP Survey Report.
Regulation: Converse understands that it may be required to assist the City in working with various outside governmental agencies, including but not limited to, the applicable planning commissions and departments; the DTSC; RWQCB; SCAQMD; California Department of Education (CDE); Division of the State Architect (DSA); and the Office of Public-School Construction (OPSC). Their many years of experience in this field has yielded the necessary knowledge to nurture such relationships.
DTSC: Converse has completed various assessments and documents that were reviewed and approved by DTSC. Their work for the various school districts has included:
• Phase I ESAs and CDE Checklists
• PEA Workplans, Human HRAs, and Scoping Documents
• Removal Action Workplans and Remedial Action Plans
• Public Notices and Health and Safety Plans
• Quality Assurance Project Plans
• Supplemental Site Investigations, Removal Action Workplans & Removal Action Completion Reports The DTSC has a cost recovery program and those completing assessment activities and cleanups under their oversight execute an agreement for cost reimbursement. A phased approach is implemented with components including:
• Preliminary Assessment
• Soil and Water Investigations
• Interim Remedial Measures
• Risk Assessments
• Establishing Cleanup Goals and Plans
• Implementation and Monitoring
RWQCB: Like the DTSC, the RWQCB has a cost recovery program. Converse almost always completes the Phase I ESA before the RWQCB is approached. In some cases, it is the findings of the Phase I ESA that initiates the contact (Well Investigation Plan Listing or EPA Superfund Area listed Responsible Party). Converse has completed site investigations and cleanup under the oversight of the RWQCB.
SCAQMD: Converse has complied with permitting requirements for various projects and has prepared permit applications and workplans for compliance with landfill clean closure requirements. They have also generated and submitted asbestos cleanup workplans prior to commencing abatement activities.
Other Agencies: HUD provides applicable regulation and guidance documents for assessments, surveys, and risk assessments. Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing (2012) will be followed.
Phase I and II ESAs will be completed in accordance with HUD guidance documents and ASTM Standards E1527 and E1903.
Transportation Assessments (LLG)
Vehicle Miles Traveled (VMT) Analysis: LLG will coordinate with City staff to determine if the proposed Project satisfies any of the VMT screening options per the City’s guidelines. If screening options are satisfied, LLG will prepare a brief memorandum indicating how the proposed Project satisfies the City VMT screening.
If a full VMT analysis is required, LLG will coordinate with City staff to define the study area as the size and shape of the study area can affect the analysis. They will determine the analysis scenarios and confirm the approach for the VMT analysis. Assuming the use of the Orange County Transportation Analysis Model 5.0 (OCTAM 5.0), LLG will conduct with and without project VMT model runs. The without project scenario will assume existing or community plan/general plan land uses. Compare the project VMT for the project against the City VMT. They will determine the project impact City Council 24 – 55 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
23 based on the City CEQA Assessment – VMT Analysis Guidelines. If necessary, LLG will recommend appropriate mitigation measures to reduce the impact. They will provide the project team a toolbox of potential mitigation or project alternatives for consideration in the analysis. Utilize the California Air Pollution Control Officers Association (CAPCOA) standards or the local guidelines and determine if the selected mitigation measures reduce the project’s VMT impacts to less than significant.
LLG will prepare a draft memorandum, which details all the above-mentioned items, their findings, and conclusions.
The draft memorandum will be submitted for the City’sreview and review by appropriate members of the project team.
If necessary, they will update the draft memorandum based on Project team comments and submit a final VMT analysis memorandum to the City.
Traffic Impact Analysis (TIA): LLG will confirm the development description of the proposed project with the project team and work schedule. They will coordinate with City staff to confirm the scope of work for the TIA (i.e., number of study intersections).
LLG will visit the project study area and inventory existing roadway conditions. They will research existing historical traffic count data at the key study intersections located within the vicinity of the proposed project site. LLG will conduct a.m. peak period and p.m. peak period manual turning movement counts at the key study intersections identified to be evaluated by City staff. They will coordinate with City staff to obtain cumulative project information.
They will prepare trip generation forecasts for the proposed Project for a typical weekday over a 24-hour period, as well as for the commuter a.m. and p.m. peak hours. The trip generation forecasts will either be estimated based on the application of trip rates included in Trip Generation, 10th Edition, published by ITE (2017) or based on the operations of the facility.
LLG will develop a.m. peak hour and p.m. peak hour “existing plus project”, “near-term cumulative plus project” and “long-term plus project” traffic volume projections for the key study intersections. They will prepare a.m. peak hour and p.m. peak hour “existing plus project”, “near-term cumulative plus project” and “long-term plus project” Level of Service (LOS) calculations at the key study intersections. Where necessary, the traffic study will identify the appropriate intersection improvements to offset the proposed Project’s traffic impacts.
LLG will then prepare a draft report that details all of the above-mentioned items, their analysis, findings, and conclusions. The draft report will be submitted for review and review by appropriate members of the project team. If necessary, the report will be updated based on project team comments, and a final report will be submitted to the City.
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EXHIBIT B
FEDERAL REGULATIONS
a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, City Council 24 – 57 6/4/2024
including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39.
In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR, Subtitle B, Chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. l. Copeland Anti-Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
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(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR Part 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the City Council 24 – 59 6/4/2024
preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
City Council 24 – 60 6/4/2024
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
City Council 24 – 61 6/4/2024
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
City Council 24 – 62 6/4/2024
EXHIBIT C
COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 24 – 63 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
Chambers Group Estimated Costs
Below are the estimated costs in preparing our services. *Actual costs will depend on the project features, level of analysis required, required meetings and public hearings, and level of agency coordination required. Each price is for a stand-alone deliverable. Most assignments included multiple services from the list above.
Standard Rate Sheet for Chambers Group follows this page.
Chambers Group understands the City will allow escalation of rates for the 5-year term as long as it is supported by the current Consumer Price Index.
Service Approx. Cost
Initial Studies $7,000 – $15,000*
Categorical Exemptions/Exclusions $3,000 - $8,000*
Negative Declarations / Mitigated Negative Declarations (including noticing and MMRP) $10,000 - $45,000* Air Quality / GHG / Energy Analysis / Noise $4,000 - $10,000* Biological Survey and Technical Memorandum $5,000 - $15,000* Cultural Report $5,000 - $20,000*
Environmental Permitting $8,000 - $25,000*
Traffic Study (VMT Only or LOS Only) $20,000 - $50,000* AB 52 Consultation $3,000 - $8,000*
Environmental Mitigation, Monitoring, and Implementation Measures $10,000 - $30,000* City Council 24 – 64 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
Vista Environmental
Senior Analyst Hourly Rate: $140.00
City Council 24 – 65 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
City Council 24 – 66 6/4/2024
RFP #24-038A: On-Call Environmental Review Services for the Housing Division
City of Santa Ana
City Council 24 – 67 6/4/2024
Finance and Management Services
www.santa-ana.org/finance
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Enhanced Electronic Billing and Payment Services
AGENDA TITLE
Second Amendment to Agreement with Invoice Cloud, Inc. for Enhanced Electronic Billing and Payment Presentation Services, Debit/Credit Card and Electronic Check Merchant Payment Processing Services, and Payment Kiosk Services (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a second amendment to the agreement with Invoice Cloud, Inc. to extend the contract’s current term through December 31, 2025, with optional extensions, in an amount not to exceed $1,427,800, including a contingency of $129,800 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The City provides a variety of payment options for numerous programs, including, but not limited to, the following: Municipal Utility Services (MUS), Business License Tax, Paramedic Subscription, and Proactive Residential Enforcement Program (PREP).
Santa Ana residents and customers are able to locate, view bills, and submit payments online by using debit/credit cards and electronic checks via Invoice Cloud’s payer portal.
In addition, Invoice Cloud also provides the City with walk-up kiosk payment services through their partnership with Kiosk Information Systems, Inc. This kiosk is presently located just outside the main lobby of City Hall.
To permit electronic payments for multiple programs, Invoice Cloud was integrated with several heavily-used data systems, including enQuesta, the City’s customer information and utility billing system, and iNovah, the City’s point-of-sale and revenue management software. Each data system requires unique connections and pathways to communicate seamlessly with Invoice Cloud. As a result, the cost to replace Invoice Cloud with an equivalent Electronic Bill and Payment Presentment (EBPP), online payment, and kiosk software service provider at this time would incur substantial expenses to the City.
Therefore, to avoid disruption of current services, staff recommends amending the current agreement with Invoice Cloud to align the contractual terms with those of the integrated data systems.
City Council 25 – 1 6/4/2024
Enhanced Electronic Billing and Payment Services
June 4, 2024
Staff will execute competitive searches in the future as the contracts for data systems expire. If the City Council amends the agreement for Invoice Cloud to align with those contracts, staff will also execute a parallel competitive search for similar EBPP, online payment, and kiosk software services in the future. Furthermore, additional software options may become available depending on the City’s future ERP system. The procurement process for the ERP system is still underway.
FISCAL IMPACT
Funds for this second amendment to agreement are included in the draft FY 2024-25 budget for City Council consideration (FMSA Treasury and Customer Service Contract Services Account No. 01110130-62300). Funding for future years will be included in proposed budgets for City Council consideration as follows:
FY
Accounting
Unit -
Account
No.
Fund
Description
Accounting Unit
- Accounting
No. Description
Max
Amount
2024-25 01110130-
62300
General
Fund
Contract
Services
Professional
$200,000
2025-26 01110130-
62300
General
Fund
Contract
Services
Professional
$200,000
2026-27 01110130-
62300
General
Fund
Contract
Services
Professional
$200,000
2027-28 01110130-
62300
General
Fund
Contract
Services
Professional
$200,000
2028-29 01110130-
62300
General
Fund
Contract
Services
Professional
$200,000
2029-30 01110130-
62300
General
Fund
Contract
Services
Professional
$100,000
2024-29* 01110130-
62300
General
Fund
Contract
Services
Professional
$198,000
2024-29** 01110130-
62300
General
Fund
Contract
Services
Professional
$129,800
*Kiosk lease for 66-month period
**Overall General Contingency Total:
$1,427,800
City Council 25 – 2 6/4/2024
Enhanced Electronic Billing and Payment Services
June 4, 2024
EXHIBIT(S)
1. Invoice Cloud, Inc. Second Amendment to Agreement
Submitted By: Kathryn Downs, FMSA Executive Director
Approved By: Alvaro Nuñez, Acting City Manager
City Council 25 – 3 6/4/2024
1 SECOND AMENDMENT TO MERCHANT PROCESSING RENEWAL AGREEMENT
THIS SECOND AMENDMENT TO MERCHANT PROCESSING RENEWAL
AGREEMENT (“Amendment”) is made and entered into on this 21st day of May, 2024 by and between Invoice Cloud, Inc., a Delaware corporation (“Consultant”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). City and Consultant shall herein collectively be referred to as “the Parties”.
RECITALS
A. The Parties entered into a Merchant Processing Renewal Agreement (#A-2018-247) on October 16, 2018 (“Agreement”) for Consultant to provide services for payment processing and electronic and enhanced bill presentment and payment and Consultant agreed to perform such services for City with respect to Business License Tax accounts, with provisos for the extension of Consultant’s service to Municipal Utility Services and Dog License accounts.
B. On February 18, 2020, the Parties entered into a First Amendment to the Agreement (#A2020-028) to amend the scope of services, increase the overall compensation amount, and extend the term of the Agreement until June 30, 2024. The Agreement, as amended, is current and in effect.
C. Invoice Cloud services provides the City with simple and secure electronic bill presentment and online payment services that encourage electronic payments for the residents of Santa Ana via Invoice Cloud’s payer portal and walk-up kiosk payment services through their partnership with Kiosk Information Systems, Inc., located in the main lobby of City Hall.
D. Invoice Cloud services are now integrated with several heavily-used third-party data systems, including enQuesta, the City’s customer information and utility billing system and iNovah, the City’s point-of-sale and revenue management software. These applications, along with OpenEdge, InfoSend, and Selectron all utilize Invoice Cloud Services for the City. The agreements, for each third-party vendor detailed in this paragraph, run through December 31, 2025 with options to extend each third-party agreement through December 31, 2029.
E. Transition to a new system, readily available to integrate with the current third-party systems, along with disruption of services to Santa Ana residents would incur substantial expenses to the City. The parties agree that a second amendment of the Agreement serves the best interests of the residents and customers of the City of Santa Ana.
F. The Parties now desire to amend the Agreement to extend the term of the Agreement consistent with the terms provided for the third-party agreements, described above, and increase the total compensation to cover the extended term for services to the City.
EXHIBIT 1
City Council 25 – 4 6/4/2024
2 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. Section 2, COMPENSATION, is amended to increase the total amount to be expended for the remainder of the term of the Agreement to $2,627,800. The compensation amount of the Agreement shall be increased by $1,427,800. This amount includes a base amount of $1,100,000 for yearly services through the remainder of the term; monthly rental costs for the walk-up kiosk; and $129,800 for merchant processing contingency charges as detailed in the annual amounts and costs defined below:
Contract Term Period Contract Term Period
Annual Fiscal Year Period Annual Compensation Amount
July 1, 2024 through June 30, 2025 $200,000
July 1, 2025 through June 30, 2026 $200,000
July 1, 2026 through June 30, 2027 $200,000
July 1, 2027 through June 30, 2028 $200,000
July 1, 2028 through June 30, 2029 $200,000
July 1, 2029 through December 31, 2029 $100,000
Kiosk 66-Month Rental $198,000
Merchant Processing Contingency $129,800
Total: $1,427,800
"Merchant Processing Contingency" shall be deemed to be that certain amount available to cover annual merchant processing charges that may occur above the Annual Compensation Amount during any portion of the Term of this Agreement due to variability in the number of actual annual merchant processing transactions versus anticipated annual transactions.
3. Section 4, TERM, is amended to extend the term of the Agreement through December 31, 2025, with the option for the parties to extend the Agreement for an additional four (4) one-year renewals through December 31, 2029, by a writing executed by the City Manager and the City Attorney.
4. Except as hereinabove modified, the terms and conditions of said Amendment, as amended, remain unchanged and in full force and effect.
[signature page to follow]
City Council 25 – 5 6/4/2024
3 SIGNATURE PAGE TO SECOND AMENDMENT TO
MERCHANT PROCESSING RENEWAL AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written.
ATTEST: CITY OF SANTA ANA:
________________________________ __________________________ Jennifer L. Hall Alvaro Nuñez
City Clerk Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO INVOICE CLOUD, INC.:
City Attorney
_________________________________
Andrea Garcia-Miller
Assistant City Attorney
_____________________________
By: Kevin O'Brien
Title: CEO
RECOMMENDED FOR APPROVAL:
_________________________________
Kathryn Downs, CPA
Executive Director & City Treasurer
Finance and Management Services Agency
City Council 25 – 6 6/4/2024
Police Department
www.santa-ana.org/police
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Fourth Amendment to the Agreement with Aramark Correctional Services, LLC
AGENDA TITLE
Fourth Amendment to Agreement with Aramark Correctional Services, LLC for Inmate Meals and Commissary Management Services (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute the fourth amendment to the agreement with Aramark Correctional Services, LLC to provide inmate meals and commissary management for the period of July 1, 2024 through June 30, 2025, in the additional amount of $1,579,638, including a $40,000 contingency, for a total aggregate amount not to exceed $7,683,326 (Agreement No. A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On October 20, 2020, the City Council approved a three-year agreement with Aramark Correctional Services, LLC (“Aramark”) after a competitive Request for Proposals process to provide inmate food service and commissary management at the Santa Ana Jail. Aramark has been the City’s provider of inmate food services since 1997 and continues to perform in a professional and competent manner while remaining the most fiscally responsible choice for these services. All meals are prepared based on the State of California Title 15 nutritional requirements and all Orange County Health Department health and safety requirements. California's Board of State and Community Corrections (BSCC) also requires agencies to provide food services for all incarcerated individuals held within their custody.
The original term of the agreement covered the three-year period of October 20, 2020, through June 30, 2023, with two one-year extension options. The Department is electing to exercise the second one-year option to extend the agreement from July 1, 2024, through June 30, 2025. This agreement provides a negotiated 3.31% average increase to the per-meal price across all relevant average daily population levels from 101-450 and is reflective of continuing inflation in wholesale food product costs. This increase City Council 26 – 1 6/4/2024
Fourth Amendment to the Agreement with Aramark Correctional Services, LLC June 4, 2024
has been negotiated to incorporate any 2024 Consumer Price Index adjustment that would have otherwise been requested.
The total five-year agreement not-to-exceed amount will increase from $6,103,688 to $7,683,326. The agreement may be terminated without cause by either party upon one hundred twenty (120) days’ written notice.
FISCAL IMPACT
Funding is included in the proposed FY 2024-25 budget for City Council consideration as follows:
Fiscal
Year
Accounting Unit
– Account No. Fund Description
Accounting Unit –
Account No.
Description
Amount
FY 24-25 01114475-62300 General Fund
Jail Operations,
Contract ServicesProfessional$1,529,638
FY 24-25 02314475-62300 Inmate Welfare
Fund
Inmate Welfare Fund,
Contract ServicesProfessional$ 50,000
$1,579,638
The amounts above are estimated projections and are subject to change.
EXHIBIT(S)
1. Fourth Amendment with Aramark
Submitted By: Robert Rodriguez, Acting Chief of Police
Approved By: Alvaro Nuñez, Acting City Manager
City Council 26 – 2 6/4/2024
FOURTH AMENDMENT TO AGREEMENT WITH ARAMARK FOR
INMATE COMMISSARY AND FOOD SERVICES
THIS FOURTH AMENDMENT to the above-referenced agreement is entered into on this 4th day of June 2024, by and between ARAMARK Correctional Services, LLC, a Delaware Limited Liability Company ("ARAMARK"), 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 parties entered into an Agreement No. A-2020-204 dated October 20, 2020 ("Agreement'"), by which ARAMARK agreed to provide inmate commissary and food services at the Santa Ana Detention Facility. The Agreement is effective through June 30, 2023 and is current and in effect.
B. On December 7, 2021, the parties entered into a First Amendment to the Agreement (A2020-204-1) to include additional funding to address an increase in the Consumer Price Index (CPI) and increase the overall contract not-to- exceed amount.
C. On December 20, 2022, the parties further entered into a Second Amendment the Agreement (A-2022-252) to include additional funding to address an increase in the Consumer Price Index (CPI) and increase the overall contract not- to-exceed amount.
D. On June 20, 2023, the parties entered into a Third Amendment to the Agreement (A-2023- 120) to include additional funding to address an increase in the Consumer Price Index (CPI) and increase the overall contract not- to-exceed amount.
E. The parties now seek to further amend the Agreement to extend the term of the agreement for one year and include additional funding to address market conditions as negotiated upon by the Parties, and increase the overall compensation to pay for food services during the extension.
The Parties therefore agree:
1. Section 2, Compensation -A. Food Service-subsection i, is amended to increase the overall compensation by $1,579,638 including $40,000 in contingency. The total not to exceed amount of the Agreement is $7,683,326.31.
2. Section 2, Compensation -A. Food Service -subsections iii and iv, the parties agree to the following per meal rates:
Average Daily Population
Low High Price
101 125 $9.39
126 150 $7.80
151 175 $6.74
City Council 26 – 3 6/4/2024
176 200 $5.98
201 225 $5.41
226 250 $4.97
251 275 $4.61
276 300 $4.32
301 325 $4.08
326 350 $3.89
351 375 $3.73
376 400 $3.58
401 425 $3.47
426 450 $3.35
3. Section 3, Term, subsection a is amended to extend the term through June 30, 2025.
4. Except as modified by this Fourth Amendment, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
ALVARO NUNEZ
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
ARAMARK
TAMARA BOGOSIAN
Senior Assistant City Attorney
By:
Title:
RECOMMENDED FOR
APPROVAL:
ROBERT RODRIGUEZ
Acting Chief of Police
City Council 26 – 4 6/4/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 4, 2024
TOPIC: Harbor Boulevard Innovative Corridor Project
AGENDA TITLE
Cooperative Agreement with Orange County Transportation Authority and Participating Agencies for the Harbor Boulevard Innovative Corridor Project (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a Cooperative Agreement with Orange County Transportation Authority and the Cities of Anaheim, Fountain Valley, Fullerton, and Garden Grove, identifying the City’s role and responsibilities to implement the Harbor Boulevard Innovative Corridor Project, effective upon full approval of the agreement by all parties through December 31, 2028, with the option to be extended (Agreement No.
A-2024-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
In the City of Santa Ana, Harbor Boulevard is the most heavily traveled corridor. The corridor experiences over 50,000 vehicles per day, along with high volumes of pedestrians and bicyclists who use the corridor daily to commute to work or en route to the many destinations along the corridor. Harbor Boulevard connects Santa Ana residents to many key destinations in Orange County, including Disneyland, California State University, Fullerton, medical facilities, parks, places of worship, and many recreational options. Additionally, Harbor Boulevard provides access to four major freeways in Orange County: State Route 91, Interstate 5, State Route 22, and Interstate 405.
For Orange County Transportation Authority (OCTA), the Bravo! 543 and 43 bus routes operate on Harbor Boulevard and are among the highest-use transit routes in Orange County. The 12-mile Harbor Boulevard bus routes have a combined average of more than 10,000 daily boardings. Eight percent (8%) of all OCTA’s bus ridership takes place on this corridor. A 2018 OCTA transit study identified Harbor Boulevard corridor as needing high-quality transit in OCTA’s Long Range Transportation Plan. This corridor was also identified as a high priority corridor in Orange County’s Transit Master Plan, a 20-year plan for enhancing and expanding public transit service for the third most populous county in California.
City Council 27 – 1 6/4/2024
Harbor Boulevard Innovative Corridor Project
June 4, 2024
To help improve travel flow and provide reliable transit along this busy corridor, the Harbor Boulevard Innovative Corridor Project will implement multi-modal corridor improvements that will enhance signal operations by deploying innovative advanced transportation technologies to improve bus operations, safety monitoring, and traffic flow along Harbor Boulevard. The project will leverage existing investments made by OCTA and participating agencies to deploy Intelligent Transportation Systems (ITS) equipment, Transit Signal Priority, optimized signal timing, and conduct infrastructure maintenance, monitoring, and assessment. These technologies are known to be costeffective in reducing congestion and increase person throughput for all modes without the need for roadway expansion. The proposed technology improvements are intended to decrease travel time, improve travel time reliability and safety, and reduce traffic congestion and emissions along the corridor.
In November of 2022, OCTA, in cooperation with City of Santa Ana and the Participating Agencies, submitted grant applications for Strengthening Mobility and Revolutionizing Transportation (SMART), Regional Early Action Planning (REAP 2.0), and Transit and Intercity Rail Capital Program (TIRCP). OCTA has since received funds to administer and deliver this project. While OCTA will fund and act as lead agency for the project, a cooperative agreement (Exhibit 1) is necessary to identify the roles and responsibilities of each participating agency to maintain transit signal priority during the project period.
City of Santa Ana will participate as a member of the project development team and support the project implementation and continued operations and maintenance of the project improvements.
FISCAL IMPACT
There is no fiscal impact associated with this action. Staff will return to the City Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time.
EXHIBIT(S)
1. Cooperative Agreement
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, Acting City Manager
City Council 27 – 2 6/4/2024
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
COOPERATIVE AGREEMENT NO. C-3-3023
BETWEEN
ORANGE COUNTY TRANSPORTATION AUTHORITY
AND
CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE, AND SANTA ANA FOR
HARBOR BOULEVARD INNOVATIVE CORRIDOR PROJECTS
THIS COOPERATIVE AGREEMENT (Agreement), is effective this _______ day of _________________, 2024 (“Effective Date”), by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as “AUTHORITY”) and the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, and Santa Ana (hereinafter referred to as “PARTICIPATING AGENCIES”) each individually known as “Party” and collectively known as “Parties”.
RECITALS:
WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES submitted a Strengthening Mobility and Revolutionizing Transportation (“SMART”) Grants Program application on November 18, 2022, Regional Early Action Planning (“REAP 2.0”) application on May 9, 2023, and a Transit and Intercity Rail Capital Program (“TIRCP”) Cycle 6 application on February 10, 2023, for the evaluation, study, and implementation of transit signal priority and technology enhancements of signalized intersections along the AUTHORITY’s Bravo! Route 543, between the Santa Ana Bus Base in the City of Santa Ana and the Fullerton Transportation Center in the City of Fullerton, (hereinafter, “PROJECT”); and
WHEREAS, the AUTHORITY’s Board of Directors authorized the acceptance of the SMART, REAP 2.0, and TIRCP funding awards on July 24, 2023; and WHEREAS, the AUTHORITY intends to secure additional funding for PROEJCT as needed; and /
EXHIBIT 1
City Council 27 – 3 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
WHEREAS, the AUTHORITY intends to issue procurements to award contracts for the study, and implementation of the PROJECT; and
WHEREAS, the PROJECT will include approximately sixty (60) traffic signalized intersections along the 12-mile Harbor Boulevard Bravo! Route 543 corridor as identified in the SMART, REAP 2.0, and TIRCP applications (hereinafter, “APPLICATIONS”); and WHEREAS, based on the AUTHORITY’s Board of Directors approval of grant awards, the AUTHORITY agrees to implement the PROJECT per the APPLICATIONS; and WHEREAS, the PROJECT will include an innovative Transit Signal Priority (TSP) solution and Intelligent Transportation System (ITS) elements as identified in the APPLICATIONS and other associated systems (hereinafter collectively referred to as “ITS ELEMENTS”), that will be evaluated, constructed, and/or installed and implemented as part of the PROJECT; and WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate the inclusion of other ITS ELEMENTS that should be installed before or at the same time as the construction of the PROJECT that the Parties deemed necessary for the essential operation of the Harbor Boulevard corridor; and
WHEREAS, the AUTHORITY and each respective Party shall provide in-house resources (staff hours) to provide various services in support of the PROJECT; and WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this Agreement to implement the PROJECT; and
WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the PROJECT; and
WHEREAS, the City of Anaheim’s City Council approved this Agreement on the _____ day of ___________________, 20_____.
WHEREAS, the City of Fountain Valley’s City Council approved this Agreement on the _____ day of ___________________, 20_____.
City Council 27 – 4 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
WHEREAS, the City of Fullerton’s City Council approved this Agreement on the _____ day of ___________________, 20_____.
WHEREAS, the City of Garden Grove’s City Council approved this Agreement on the _____ day of ___________________, 20_____.
WHEREAS, the City of Santa Ana’s City Council approved this Agreement on the _____ day of ___________________, 20_____.
NOW, THEREFORE, it is mutually understood and agreed by the AUTHORITY and the PARTICIPATING AGENCIES as follows:
ARTICLE 1. COMPLETE AGREEMENT
A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between the AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement.
The above referenced Recitals are true and correct and are incorporated by reference herein.
B. The AUTHORITY’s failure to insist on any instance(s) of PARTICIPATING AGENCIES’ performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of the AUTHORITY’s right to such performance or to future performance of such term(s) or condition(s), and PARTICIPATING AGENCIES’ obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon the AUTHORITY except when specifically confirmed in writing by an authorized representative of the AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
C. PARTICIPATING AGENCIES’ failure to insist on any instance(s) of the AUTHORITY’s performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of PARTICIPATING AGENCIES’ right to such performance or to future performance of such term(s) or condition(s), and the AUTHORITY’s obligation in respect thereto shall continue in full City Council 27 – 5 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
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force and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized representative of PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement.
ARTICLE 2. SCOPE OF AGREEMENT
This Agreement specifies the roles and responsibilities of the Parties as they pertain to the subjects and projects addressed herein. Both the AUTHORITY and PARTICIPATING AGENCIES agree that each will cooperate and coordinate with the other in all activities covered by this Agreement and any other supplemental agreements that may be required to facilitate purposes thereof.
ARTICLE 3. RESPONSIBILITIES OF AUTHORITY
The AUTHORITY, as the lead agency, agrees to the following responsibilities for the implementation of the PROJECT:
A. The AUTHORITY shall implement the PROJECT based on the intent of the usage in the APPLICATIONS in accordance with the policies and procedures contained in the SMART, REAP, and TIRCP grant program guidelines.
B. The AUTHORITY shall coordinate with the PARTICIPATING AGENCIES to ensure the multi-phased implementation of the PROJECT includes input from the owning and operating agencies.
C. The AUTHORITY shall provide oversight to maintain inter-jurisdictional traffic signal operational integrity between PROJECT and other similar type projects not older than three (3) years.
D. The AUTHORITY, or agents of the AUTHORITY, under this Agreement and upon closeout of PROJECT, may perform a technical and/or field review to ensure that the grant program guidelines, policies, and procedures were followed. Such a review may be performed within one hundred and eighty (180) days after the PROJECT grant period is complete. /
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City Council 27 – 6 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS
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E. The AUTHORITY, or agents of the AUTHORITY, shall manage, procure, implement, and complete all aspects of the PROJECT as identified in the APPLICATIONS, including filing all documentation necessary to comply with the requirements of the SMART, REAP, and TIRCP guidelines and funding reporting.
F. The AUTHORITY, or its agents, shall collect all data necessary to deliver the PROJECT, as specified in the APPLICATIONS.
G. The AUTHORITY, or its agents, shall coordinate outreach activities with PARTICIPATING AGENCIES for the PROJECT.
H. The AUTHORITY, or its agents, shall study, evaluate, and recommend TSP and ITS ELEMENTS best suited for the desired operation by each Party.
I. The AUTHORITY, or its agents, shall provide construction management oversight during the construction of the PROJECT.
J. The AUTHORITY, or its agents, shall prepare the PROJECT reports, plans, and materials that will be shared with PARTICIPATING AGENCIES and other PROJECT stakeholders.
ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES The PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of the PROJECT:
A. The PARTICIPATING AGENCIES shall provide a technical representative to participate as a member of the PROJECT’s Project Development Team (PDT).
B. The PARTICIPATING AGENCIES shall authorize the AUTHORITY to manage, procure, and implement all aspects of the PROJECT.
C. The PARTICIPATING AGENCIES shall participate and support the PROJECT implementation within the timeframe outlined in the APPLICATION and consistent with the SMART, REAP, and TIRCP guidelines adopted by the AUTHORITY.
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D. The PARTICIPATING AGENCIES shall provide AUTHORITY, or its agents all current City Council 27 – 7 6/4/2024
COOPERATIVE AGREEMENT NO. C-3-3023
HARBOR BOULEVARD CONNECTED CORRIDOR PROJECTS