Santa Ana City Council
June 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

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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 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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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
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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

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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 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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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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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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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 1st 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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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. (}JJt<.,__4..� -AJ?L.,
Andrea Garcia-Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Michael L. Garcia
Executive Director
Community Development Agency
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CITY OF SANTA ANA
Alvaro Nuiiez
Acting City Manager
CONSUL TANT:
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Title: �� f/4,Jt�
U�/orc�

EXHIBIT 1

EXHIBIT A

SCOPE OF SERVICES
EXHIBIT 1

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
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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)
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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
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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
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 IS­ MND. 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 inc orporate 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
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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.
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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 as­ needed 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
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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
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.

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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

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
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 inco rporated 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
(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
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
(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
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

EXHIBITC

COMPENSATION
Fee Proposal including hourly rates if applicable
EXHIBIT 1
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 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
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