Agenda packet — Santa Ana City Council, September 17, 2024 (part 1 of 8)

City Council City Council and Special Successor
Agency Meeting Packet
September 17, 2024
CLOSED SESSION MEETING – 4:30 PM
REGULAR OPEN MEETING – 5:30 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701
Valerie Amezcua
Mayor
Thai Viet Phan
Mayor Pro Tem – Ward 1
Benjamin Vazquez
Councilmember Ward 2
Jessie Lopez
Councilmember Ward 3
Phil Bacerra
Councilmember Ward 4
Johnathan Ryan Hernandez
Councilmember Ward 5
David Penaloza
Councilmember Ward 6
Mayor and Council telephone: 7146476900
Agenda item inquiries: 7146476520
Sonia R. Carvalho
City Attorney
Alvaro Nuñez
City Manager
Jennifer L. Hall
City Clerk
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows:

VisionThedynamiccenterofOrangeCountywhichisacclaimedforour:Investmentin City Council 1 9/17/2024
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 6475624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City’s website – www.santaana.org/agendasandminutes.

Vision The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate • Enriched and diverse culture • Quality government services Mission To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.

Guiding Principles Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility • Innovation • Transparency
Code of Ethics and Conduct At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

PUBLIC COMMENTS – Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways:

MAILING OPTION written communications – Public comments may be mailed to:

Office of the City Clerk, 20 Civic Center Plaza M30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

SENDING EMAIL OPTION – Public comments may be sent via email to the City Clerk’s office at eComment@santaana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City’s document archive system which is available for public review.

LIVE VIRTUAL OPTION – As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser
https://us02web.zoom.us/j/315965149. To join the Conference Call: Dial (669) 900 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request tospeakbydialing*9fromyourphoneoryoumayvirtuallyraiseyourhandfromZoom City Council 2 9/17/2024
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voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: • Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency Members of the public may attend the City Council meeting inperson or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3.

MAILING OPTION written communications – Public comments may be mailed to:

After the Clerk confirms the last three digits of the caller’s phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak.

INPERSON OPTION Members of the public can provide inperson comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting inperson. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a “Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS – You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak.

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“Request to Speak” card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair.

The following designated public comment periods are:

2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NONAGENDA ITEMS (GENERAL PUBLIC COMMENT) – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak.

3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS – You can provide comments by joining Zoom or the Conference Call as described in the LIVE or INPERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak.

TRANSLATION SERVICES Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (SpanishtoEnglish) in addition to those wishing to address the City Council at the podium.

La ciudad provee servicios de interpretación al español en las juntas del Consejo.

La interpretación simultánea al español se ofrece por medio del uso de audífonos y la interpretación consecutiva (español a inglés) también está disponible para cualquiera que desee dirigirse al consejo municipal en el podio.

About the Agenda
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
City Council 4 9/17/2024
To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).

CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO CLOSED SESSION
PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

CLOSED SESSION ITEMS – The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation:

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION pursuant to Paragraph 1 of subdivision (d) of Government Code Section 54956.9:

James V. Lacy, et al. v. Jennifer Hall, in her official capacity as Santa Ana City Clerk, et al.

Orange County Superior Court Case No. 30202401402208CUWMCJC

2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:

One (1) case – Union Pacific

3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a):

Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees

4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission City Council 5 9/17/2024
Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organization: Service Employee International Union Local 721, PartTime NonCivil Service Employees

4. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION
CALL TO ORDER
ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
PLEDGE OF ALLEGIANCE Mayor Amezcua
WORDS OF INSPIRATION Pastor Matt Doan, Calvary
Church Santa Ana
ADDITIONS\DELETIONS TO THE AGENDA
CEREMONIAL PRESENTATIONS

1. Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month

2. Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month

3. Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary

4. Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month

5. Proclamation presented by Councilmember Vazquez to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2024 as Service Club Organizations Month CLOSED SESSION REPORT – The City Attorney will report on any action(s) from Closed Session.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting forALLcommentsonagendaandnonagendaitemswiththeexceptionofpublichearings City Council 6 9/17/2024
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RECONVENE – City Council will reconvene to continue regular City business.

1. Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2024 as Hunger Action Month

2. Proclamation presented by Mayor Pro Tem Phan to Alzheimer’s Orange County declaring September 2024 as World Alzheimer's Month

3. Proclamation presented by Councilmember Bacerra to Bochasanwasi Akshar Purushottam Swaminarayan Sanstha (BAPS) in Commemoration of their 50year Anniversary

4. Proclamation presented by Councilmember Lopez to the Orange County Health Care Agency’s Behavioral Health Team declaring September 2024 as National Recovery Month

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
City Council 7 9/17/2024
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for ALL comments on agenda and nonagenda items, with the exception of public hearings.

Comments for public hearings will take place after the hearing is opened.

CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 20 and waive reading of all resolutions and ordinances.

6. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

7. Minutes from the Regular Meeting of August 20, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

8. Appoint Alejandra Rodriguez Nominated by Councilmember Penaloza as the Ward 6 Representative to the Historic Resources Commission for a Partial Term Expiring December 8, 2026
Department(s): City Clerk’s Office
Recommended Action: Appoint Alejandra Rodriguez to the Historic Resources Commission as the Ward 6 representative and administer the Oath of Office.

9. Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund)
Department(s): Library
Recommended Action: Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes)

10. Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund)
Department(s): Community Development Agency
Recommended Action: Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a oneyear term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A2024 XXX).

11. Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 20242025 School Year Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A2024XXX).

12. Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund)
Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Authorize the City Manager to execute an agreement with Power of One Foundation to copresent a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A2024XXX).

2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548.

3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, ContractualProfessional Services expenditure account (0111323062300). (Requires five affirmative votes)

13. Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24076) (General Fund and NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX).

14. Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and iiStb162027iththiifttii
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Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, twoyear extension (Agreement No. A2024XXX).

14. Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (NonGeneral Fund) (RFP #24084) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a threeyear term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, twoyear extension, in an amount not to exceed $2,000,000 (Agreement No. A2024XXX).

15. Construction Contract with Armstrong Cal Builders Inc. for the Santiago Park Main Street Entrance Project (Project No. 202731) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $2,807,000 in the Parks Capital Grants, State GrantDirect revenue account and appropriate the same amount into the Parks Capital Grants, Improvements Other Than Buildings expense account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $400,000 in the Residential Development District 2, Prior Year Carry Forward revenue account and appropriate the same amount into Residential Development District 2, Improvements Other Than Building expense account. (Requires five affirmative votes)

3. Approve the Project Cost analysis for a total estimated construction delivery cost of $3,207,000, which includes $2,763,816, for the construction contract; $166,802 for contract administration, inspection, and testing; and a $276,382 project contingency for unanticipated or unforeseen work.

4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $3,207,000 in construction funds for the Santiago Park Main Street Entrance Project.

5. Award a construction contract to Armstrong Cal Builders Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $2,763,816, subject to change orders, for construction of the Santiago Park Main Street Entrance Project (No. 202731) for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER2023130 was filed for Project No. 202731.

16. Construction Contract with Los Angeles Engineering, Inc. for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (Project No. 136792) (General and NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $3,343,934 of prioryear fund balance in the Select Street Construction, Prior Year Carry Forward revenue account, and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $1,200,000 of prioryear fund balance in the New Transportation System Improvement Area F, Prior Year Carry Forward revenue account, and appropriate the same amount to the New Transportation System Improvement Area F, Improvements Other Than Building expense account. (Requires five affirmative votes)

3. Approve an appropriation adjustment recognizing $656,000 of grant funds in the Select Street Construction, Federal GrantIndirect revenue account and appropriate the same amount to the Select Street Construction, Improvements Other Than Building expense account. (Requires five affirmative votes)

4. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $5,199,934 in construction funds for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project (No. 136792).

5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $13,224,187, which includes $10,579,350 for the construction contract; $1,586,902 for contract administration, inspection, and testing; and a $1,057,935 project contingency for unanticipated or unforeseen work.

6. Award a construction contract to Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $10,579,350 for construction of the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. EIR Number No. 8901 was filed for the Bristol Street Improvements and Widening from Civic Center Drive to Washington Avenue project.

17. Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana)
Department(s): Public Works Agency; Library Services
Recommended Action: 1. Approve the Project Cost Analysis for a total estimated constructiondeliverycostof$9132303whichincludes$8215533forthe City Council 11 9/17/2024

17. Award a Construction Contract to PCN3, Inc. for the Newhope Library Modernization and Delhi Library Branch Improvements Project and an Agreement to Shade Structures, Inc. dba USA Shade & Fabric Structures for a shade structure at Newhope Library (Project Nos. 221802, 237540 & 221382) (General and NonGeneral Fund) (Revive Santa Ana)
Department(s): Public Works Agency; Library Services
Recommended Action: 1. Approve the Project Cost Analysis for a total estimated construction delivery cost of $9,132,303, which includes $8,215,533 for the construction contract, $95,217 for contract administration, and a $821,533 project contingency for unanticipated or unforeseen work.

2. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include $9,132,303 for the Newhope Library Modernization and Delhi Library Improvements.

3. Award a construction contract to PCN3, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $8,215,533 for construction of the Newhope Library Modernization and Delhi Center Library Branch Project, for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

4. Approve an agreement with Shade Structures, Inc. dba USA Shade & Fabric Structures for the design and build of a 20foot by 30foot cantilever shade structure at the Newhope Library for a total not to exceed of $68,341, for a term beginning September 17, 2024 and expiring December 31, 2025 with provision for a oneyear extension, and authorize the City Manager to execute the agreement (Agreement No.

A2024XXX).

5. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER202443 was filed for Project 221802.

18. Construction Contract with Vido Samarzich, Inc. for the Standard Avenue and McFadden Avenue Bikeways Projects (No. 196923, 206962, 206965, 236705, 236706, & 236707) (General Fund) (NonGeneral Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an appropriation adjustment recognizing $2,000,000 in prioryear fund balance in the Residential Street Improvement, Prior Year Carry Forward revenue account and appropriate the same amount into the Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $2,700,000 in prioryear fund balance in the Transportation System Improvement Authorization Area B revenue account and appropriate the same amount into the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)

3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program toincludeanadditional$5900000inconstructionfundsfortheStandardAvenueand City Council 12 9/17/2024
Residential Street, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

3. Approve an amendment to the Fiscal Year 202425 Capital Improvement Program to include an additional $5,900,000 in construction funds for the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 23 6706, & 236707).

4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,550,000, which includes $19,170,060 for the construction contract; $2,462,934 for contract administration, inspection, and testing; and a $1,917,006 project contingency for unanticipated or unforeseen work due to the complexity and extensive scope of this project.

5. Award a construction contract to Vido Samarzich, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,170,060, for construction of the Standard Avenue and McFadden Avenue Bikeways Project (No. 196923, 206962, 206965, 236705, 236706, & 236707), for a term beginning September 17, 2024 and ending upon project completion, and authorize the City Manager to execute the contract.

6. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review pursuant to Article 19, Categorical Exemptions Sections 15301(c) and 15304(h). Categorical Exemption Environmental Review Nos. ER202033 and ER202097 were filed for Projects Nos. 206965 and 206962.

19. Resolution Declaring CityOwned Properties as Exempt Surplus Land and Directing the City Manager or their Designee to Comply with the Requirement of Government Code §54220 et seq. for the Sale and Activation of Surplus Land Department(s): Public Works Agency
Recommended Action: 1. Adopt a resolution declaring Cityowned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING VARIOUS PROPERTIES AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR

DISPOSITION

2. Determine that, pursuant to the California Environmental Quality Act (“CEQA”), the sales of the properties as surplus are exempt from environmental review pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales).

20. Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (CilbLbt)PblihdithOCRtAt212024
City Council 13 9/17/2024

20. Second Reading of Ordinance Amending Article VI (Stadium), Sec. 2743 (Liquor) of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West FieldSanta Ana Stadium First reading August 20, 2024 City Council meeting and approved by a vote of (601) (Councilmember Lopez absent). Published in the OC Reporter on August 21, 2024.

Department(s): Parks, Recreation, and Community Services Recommended Action: 1. Approve the second reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee.

ORDINANCE NO. NS3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2743 LIQUOR

2. Determine that, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review per Section 15301 (Class 1 – Existing Facilities). **END OF CONSENT CALENDAR**
BUSINESS CALENDAR

21. Resolution of the City Council of the City of Santa Ana Demonstrating Its Support of Proposition 36
Department(s): City Manager’s Office
Recommended Action: Adopt a Resolution supporting Proposition 36, which appears on the November 5, 2024, ballot and proposes changes to current laws to allow increased penalties for certain theft and drug crimes, as well as measures for rehabilitation and treatment for drugrelated offenses.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA IN SUPPORT OF PROPOSITION 36: THE HOMELESSNESS, DRUG ADDICTION, AND THEFT REDUCTION ACT INITIATIVE **END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

22. Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of City Council 14 9/17/2024
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**END OF BUSINESS CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

22. Public Hearing: Amendment Application (Zone Change) No. 202303, Development Agreement No. 202302, Vesting Tentative Tract Map No. 202301, and Overrule of the Orange County Airport Land Use Commission’s Determination of Inconsistency for the Related Bristol Specific Plan Entitlements and Development Agreement (3600 S. Bristol Street) and Resolution Modifying Parking Districts in the Surrounding Area Legal notice published in the OC Register and OC Reporter on September 6, 2024 and notices mailed on same date.

Department(s): Planning and Building Agency
Recommended Action:

1. Adopt a resolution to (1) certify the Final Supplemental Environmental Impact Report (SEIR) No. 202201 (SCH No. 2020029087), including adoption of environmental findings of fact pursuant to the California Environmental Quality Act, (2) adopt a Statement of Overriding Considerations, and (3) adopt the Mitigation Monitoring and Reporting Program;
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE RELATED BRISTOL SPECIFIC PLAN PROJECT (SCH NO. 2020029087), (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM

2. Adopt a resolution overruling the Orange County Airport Land Use Commission’s determination that the Related Bristol Specific Plan is inconsistent with the Airport Environs Land Use Plan, including supportive findings;
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION’S DETERMINATION THAT THE PROPOSED RELATED BRISTOL SPECIFIC PLAN IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS

3. Conduct a first reading and adopt an ordinance approving Amendment Application No. 202303 to establish the Related Bristol Specific Plan No. 5 and to approve a zone change for the Property located at 3600 Bristol Street from General Commercial (C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5);
City Council 15 9/17/2024
(C2) and Commercial Residential (CR) to Related Bristol Specific Plan (SP No. 5); ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 202303 TO ESTABLISH THE RELATED BRISTOL SPECIFIC PLAN (SP NO. 5) AND TO APPROVE A ZONE CHANGE FOR THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET FROM GENERAL COMMERCIAL (C2) AND COMMERCIAL RESIDENTIAL (CR) TO RELATED BRISTOL SPECIFIC PLAN (SP NO. 5);

4. Conduct a first reading and adopt an ordinance approving Development Agreement No. 202302;
ORDINANCE NO. NSXXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2023 02 FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT 3600 BRISTOL STREET BETWEEN THE CITY OF SANTA ANA AND GREENVILLE RANCH LLC, BSG WEST BRISTOL LLC, AND MCG BRISTOL WEST LLC;

5. Adopt a resolution approving Vesting Tentative Tract Map No. 202301 (County Map No. 19272), as conditioned; and
RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 202301 (COUNTY MAP NO. 19272), AS CONDITIONED, FOR A MIXEDUSE DEVELOPMENT, KNOWN AS THE RELATED BRISTOL SPECIFIC PLAN PROJECT, AT THE 41ACRE SITE GENERALLY LOCATED AT 3600 BRISTOL STREET;
Concurrently and as a separate implementation action of the General Plan Update (2022), it is recommended that the City Council take the following action:

6. Adopt a Resolution Amending Resolution No. 91088, Resolution No. 93076, and Resolution No. 2000062 modifying procedures for participating in the South Coast, the Sandpointe, and the South Metro Permit Parking Districts.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION NO. 91088, RESOLUTION NO. 93076 AND RESOLUTION NO. 2000062 REGARDING PERMIT PARKING DISTRICT PETITIONS

23. Public Hearing: Consolidated Annual Performance and Evaluation Report for Fiscal Year 202324
Legal notice published in the Orange County Register on August 14, 2024 and in La Opinion and Nguoi Viet on August 19, 2024.

Department(s): Community Development Agency
Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.

24. Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024.

City Council 16 9/17/2024
Department(s): Community Development Agency
Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report to the U.S. Department of Housing and Urban Development.

Department(s): Community Development Agency
Recommended Action: CITY COUNCIL ACTION

1. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the City Manager to execute all required documents as necessary.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE
AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT

2. Authorize the City Manager to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX).

SUCCESSOR AGENCY ACTION

1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESOR AGENCY TO THE FORMER COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA DECLARING 3RD STREET AND MAIN STREET PARKING LOT AS EXEMPT SURPLUS AND LAND PURSUANT TO THE EXEMPT SURPLUS LAND ACT AND AUTHORIZING, PURSUANT TO AN EXEMPTION FROM CEQA, THE SALE OF THE PARKING LOT PROPERTY TO THE CITY (includes determination that the sale of the property is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) and Section 15301)

2. Adopt a resolution making certain findings with respect to the consideration to be received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT

3. Authorize the Executive Director to execute the Purchase and Sale Agreement and allrequireddocumentsfortheacquisitionofrealpropertylocatedattheSouthwest City Council 17 9/17/2024
doptaesoutoagcetadgstespecttotecosdeatotobe
received by the Successor Agency pursuant to a Purchase and Sale Agreement between the Successor Agency and the City for the sale of the Southwest Corner of Main Street and Third Street (APN 39860102), and authorize the Executive Director to execute all required documents as necessary.

3. Authorize the Executive Director to execute the Purchase and Sale Agreement and all required documents for the acquisition of real property located at the Southwest Corner of Main Street and Third Street (APN 39860102) in the amount of $190,000 plus closing costs (Agreement No. A2024XXX).
**END OF PUBLIC HEARINGS**
COUNCILMEMBER REQUESTED ITEMS

25. Discuss and Consider Directing the City Manager, City Attorney, and City Clerk to Rescind the “Guidelines for filming, photography and recording of City of Santa Ana public meetings” Media Policy – Councilmembers Vazquez and Lopez CITY MANAGER COMMENTS
COUNCIL COMMENTS
AB1234 DISCLOSURE – If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended.

ADJOURNMENT – Adjourn the City Council meeting and convene to the Successor Agency meeting.

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

3. Main Library Office and Library Furniture Agreements POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

SPECIAL SUCCESSOR AGENCY
CALL TO ORDER
ATTENDANCE Agency Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
DavidPenaloza
City Council 18 9/17/2024
POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

SPECIAL SUCCESSOR AGENCY
CALL TO ORDER
ATTENDANCE Agency Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Vice Chair Thai Viet Phan
Chair Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall
ROLL CALL
ADDITIONS\DELETIONS TO THE SUCCESSOR AGENCY AGENDA
PUBLIC HEARING
PUBLIC COMMENTS – Members of the public may address the Successor Agency on the Public Hearing item.

1. Joint Public Hearing: Adopt Resolution and Approve Purchase and Sale Agreement for Acquisition of Real Property at the Southwest Corner of Main Street and Third Street (APN 39860102) for Parking Lot (General Fund and NonGeneral Fund) Legal notice published in the OC Reporter on August 30 and September 9, 2024.

Department(s): Community Development Agency
Recommended Action: CITY COUNCIL ACTION

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE ACQUISITION OF PROPERTY FROM THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT

SUCCESSOR AGENCY ACTION

1. Adopt a resolution declaring a Successor Agency owned property as exempt SurplusLandforthepurposeofaPurchaseandSaleagreementwiththeCityofSanta City Council 19 9/17/2024
THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT

SUCCESSOR AGENCY ACTION

1. Adopt a resolution declaring a Successor Agency owned property as exempt Surplus Land for the purpose of a Purchase and Sale agreement with the City of Santa Ana.

RESOLUTION NO. 2024XXX entitled A RESOLUTION OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF SANTA ANA APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE
DISPOSITION OF PROPERTY TO THE CITY OF SANTA ANA LOCATED AT 3RD STREET AND MAIN STREET PARKING LOT

POSTING STATEMENT: On September 10, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701.

Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santaana.org/agendasandminutes.

City Council 20 9/17/2024
CITY COUNCIL 1 AUGUST 20, 2024
DRAFT Minutes of the Regular Meeting
of the City Council
City of Santa Ana,
California
August 20, 2024
CLOSED SESSION MEETING – 4:30 P.M.

REGULAR OPEN MEETING – 5:30 P.M.
(Immediately following the Closed Session Meeting)

CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92701

CLOSED SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:36 P.M.

ATTENDANCE Council Members Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Mayor Pro Tem Thai Viet Phan
Mayor Valerie Amezcua
City Manager Alvaro Nuñez
City Attorney Sonia R. Carvalho
City Clerk Jennifer L. Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Penaloza and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra, Hernandez, and Lopez arrived during Closed Session.

City Council 7 – 1 9/17/2024
CITY COUNCIL 2 AUGUST 20, 2024
ADDITIONS\DELETIONS TO CLOSED SESSION
MINUTES: Mayor Pro Tem Phan recused herself from Closed Session Agenda Item No. 1B as the listed entity, Orange County Water District, is a client of her employer, Rutan and Tucker.

PUBLIC COMMENTS – Members of the public may address the City Council on Closed Session items.

MINUTES: City Clerk Jennifer L. Hall stated one public comment was received regarding Closed Session Agenda Item No. 2.

RECESS – City Council will recess to Closed Session for the purpose of conducting regular City business.

MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:37 P.M.

1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code:

A. Valdez Gonzalez, Irinea v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2023-01303178-CU-PA-WJC
B. In re Aqueous Film-Forming Foams Prods. Liability Litigation, United States District Court for the District of South Carolina, Charleston Division, Case No. MDL 2:18-mn-2873-RMG
MINUTES: Mayor Pro Tem Phan left the conference room at 4:51 P.M., did not participate on Item 1B, and returned at 5:14 P.M.

2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9:
• One (1) case – Union Pacific

3. PUBLIC EMPLOYEE APPOINTMENT pursuant to Government Code Section 54957(b)(1)
Title: Independent Oversight Director to the Santa Ana Police Oversight Commission

CLOSED SESSION REPORT – The CityAttorney will report on any action(s)from Closed Session.

City Council 7 – 2 9/17/2024
CITY COUNCIL 3 AUGUST 20, 2024
RECONVENE – City Council will reconvene to continue regular City business.

CITY COUNCIL REGULAR OPEN SESSION

CALL TO ORDER
MINUTES: Mayor Amezcua reconvened the City Council Meeting to order at 6:08 P.M.

ATTENDANCE Councilmembers
Mayor Pro Tem
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
David Penaloza
Benjamin Vazquez
Thai Viet Phan
Mayor Valerie Amezcua
City Manager
City Attorney
City Clerk
Alvaro Nuñez
Sonia R. Carvalho
Jennifer L. Hall

ROLL CALL
MINUTES: City Clerk Jennifer L. Hall conducted roll call.

Councilmembers Bacerra, Hernandez, Lopez (arrived at 6:25 P.M.), Penaloza, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present.

PLEDGE OF ALLEGIANCE Frida Ramirez
WORDS OF INSPIRATION Rabbi Sharon Sobel, Temple Beth Shalom ADDITIONS\DELETIONS TO THE AGENDA
MINUTES: City Clerk Jennifer L. Hall announced a revised exhibit 1 to Agenda Item No. 32.

CEREMONIAL PRESENTATIONS

1. Certificate of Recognition presented by Mayor Amezcua to the 2024 Back to School Community Resource Fair Planning Committee for Outstanding Contributions to the Community
MINUTES: Mayor Amezcua presented a certificate of recognition to the 2024 Back to School Community Resource Fair Planning Committee for Outstanding Contributions to the Community.

City Council 7 – 3 9/17/2024
CITY COUNCIL 4 AUGUST 20, 2024

2. Certificates of Recognition presented by Mayor Pro Tem Phan to the Asian American Senior Citizens Service Center YEAH Youth Program Committee and Panelists for Outstanding Contributions to the Community MINUTES: Mayor Pro Tem Phan presented certificates of recognition to the Asian American Senior Citizens Service Center YEAH Youth Program Committee and Panelists for outstanding contributions to the community.

3. City Tile presented by Councilmember Bacerra to Winston Covington for Outstanding Contributions to the Community
MINUTES: Councilmember Bacerra presented a city tile to Winston Covington for outstanding contributions to the community.

4. Proclamation presented by Councilmember Hernandez to the Funk Freaks and Psycho Realm declaring August 2024 as Chicano Heritage Month MINUTES: Councilmember Hernandez presented a proclamation to the Funk Freaks and Psycho Realm declaring August 2024 as Chicano Heritage Month.

5. Certificate of Recognition presented by Councilmember Lopez to Khalil Bey for Outstanding Contributions to Public Safety
MINUTES: Councilmember Lopez presented a certificate of recognition to Khalil Bey for outstanding contributions to public safety.

6. Proclamation presented by Councilmember Vazquez to Dorothy Mulkey for Outstanding Contributions to the Community
MINUTES: Councilmember Vazquez presented a proclamation to Dorothy Mulkey for outstanding contributions to the community.

STAFF PRESENTATION

7. SoCal Gas Presentation of Climate Adaption Grant
MINUTES: Juan Gonzalez and Geoff Danker, SoCal Gas, presented a Climate Adaption Grant of $50,000 to the City of Santa Ana.

CLOSED SESSION REPORT – The CityAttorney will report on any action(s)from Closed Session.

MINUTES: Chief Assistant City Attorney Laura Rossini stated there was no reportable action.

PUBLIC COMMENTS – Public comments will be held during the beginning of the meeting for ALL comments on agenda and nonagenda items.

City Council 7 – 4 9/17/2024
CITY COUNCIL 5 AUGUST 20, 2024
MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: three (3) non-agenda comments.

The following speakers addressed City Council in-person:

1. Carl Benninger spoke regarding a new Neighborhood Association, the Zoo District, and requested a Citizen Oversight Committee be formed to oversee the Related Bristol Project.

2. Brian Mendoza spoke regarding his life experiences and submitted records.

3. Mario Alvarado congratulated the Parks, Recreation, and Community Services Agency for the Chicano Heritage Festival Event, spoke regarding the new Neighborhood Association, the Zoo District, and requested Council support for teachers.

4. Julie M. Feenstra spoke regarding affordable housing and ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter.

5. Randall Jones spoke regarding affordable housing and ongoing issues at 2222 East First St.

6. Magdalena Menchaga spoke regarding elder abuse and homeless at 2222 East First St.

7. Victor Mendez spoke regarding affordable housing and ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter.

8. Diane Simmons spoke regarding ongoing issues at 2222 East First St. and requested the City Council assist regarding the matter.

RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 8 through 37 and waive reading of all resolutions and ordinances.

MINUTES: At 7:36 P.M., the Consent Calendar was considered.

Councilmember Hernandez requested to comment on Agenda Item Nos. 21, 26, 34, and 35.

Councilmember Bacerra pulled Agenda Item Nos. 29 and 31 for separate discussion and consideration.

Councilmember Vazquez requested to comment on Agenda Item Nos. 18 and 32.

CONSENT CALENDAR
City Council 7 – 5 9/17/2024
CITY COUNCIL 6 AUGUST 20, 2024
Councilmember Penaloza pulled Agenda Item No. 25 for separate discussion and consideration.

Mayor Pro Tem Phan recused herself from Agenda Item No. 24 as the listed entity, City of Anaheim, is a client of her employer, Rutan and Tucker.

City Clerk Jennifer L. Hall announced that pursuant to Government Code Section 54953(c)(3) an oral summary of salary and benefits shall be made prior to final action of the Council on any local executive and stated Agenda Item No. 32 is the approval of an employment agreement with Alvaro Nuñez as the City Manager with the following provisions of an annual salary of $315,000 with an option for bilingual pay, city paid maximum contribution to deferred compensation 457 plan, 12-month severance if terminated at-will, city owned vehicle or $500 monthly auto allowance, health insurance benefits, term life insurance, and wellness stipend, and other benefits as provided to the unrepresented executive management group.

MOTION: Councilmember Penaloza moved to approve Consent Calendar Item Nos. 8 through 37 with the exception of Agenda Item Nos. 25, 29 and 31 pulled for separate discussion and consideration, seconded by Councilmember Bacerra.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

8. Excused Absences
Department(s): City Clerk’s Office
Recommended Action: Excuse the absent members.

9. Minutes from the Regular Meeting of August 6, 2024
Department(s): City Clerk’s Office
Recommended Action: Approve minutes.

City Council 7 – 6 9/17/2024
CITY COUNCIL 7 AUGUST 20, 2024

10.2024 Local Agency Biennial Notice RE: Conflict of Interest Code Review Department(s): City Clerk’s Office
Recommended Action: Receive and file the Fair Political Practices Commission 2024 Local Agency Biennial Notice advising that the City’s Conflict of Interest Code is currently under review.

11.Receive and File the 2023-2024 Orange County Grand Jury Report: Talking Trash: Recyclables and Organic Waste
Department(s): Public Works Agency
Recommended Action: Receive and file the report.

12.Citywide Purchase Order Contract to Amazon Capital Services, Inc. for the Online Marketplace Purchase of Goods (Specification No. 24-091) (General Fund and Non-General Fund)
Department(s): Finance and Management Services
Recommended Action: Award a citywide purchase order contract to Amazon Capital Services, Inc. for online marketplace purchases of goods for a three and-ahalf year term beginning August 1, 2024 and expiring January 18, 2028, for an annual amount not to exceed $650,000.

13.Aggregate Purchase Order Contracts with Promotethis!, Impact PromoSource, LLC (previously Graphic Printsource, Inc.), and Superior Promos for Promotional Items (Specification No. 23-024) (General Fund and Non-General Fund)
Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an amendment to increase the annual aggregate not-to-exceed amount of the citywide purchase order contracts with vendors listed below by $355,000 for promotional items, for a new annual aggregate amount not to exceed amount of $550,000.

Vendor Location
Impact PromoSource, LLC Corona, CA
Promotethis! Huntington Beach, CA
Superior Promos Brooklyn, NY
City Council 7 – 7 9/17/2024
CITY COUNCIL 8 AUGUST 20, 2024

14.Purchase Order to AirGap Labs, LLC for Firewall Hardware and Services (Specification No. 24-096) (Non-General Fund)
Department(s): Information Technology
Recommended Action: Authorize a one-time purchase and payment of purchase order to AirGap Labs, LLC for firewall hardware, including installation services and five-year subscription, in an amount not to exceed $96,054.

15.Aggregate Purchase Order Contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for Storage Container Purchase, Rental, Disposal, Transport, and Repair Services (Specification No. 24-053) (Non-General Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to Bizon Group, Inc. and Southwest Mobile Storage, Inc. for as-needed storage container purchase, rental, disposal, transport, and repair services, in an annual aggregate amount of $110,000, for a total aggregate amount not to exceed $550,000, for an initial one-year term beginning August 21, 2024 and expiring August 20, 2025, with provisions for four 1-year renewal options.

16.Purchase Order Contracts to Daniels Tire Service and Parkhouse Tire, Inc. for Vehicle Tires (Specification No. 24-088) (Non-General Fund) Department(s): Public Works Agency
Recommended Action: Award aggregate purchase order contracts to Daniels Tire Service and Parkhouse Tire, Inc. for vehicle tires for a three-year period beginning August 20, 2024 and expiring August 19, 2027, with provisions for two, one-year renewal options, in an annual aggregate amount not to exceed $200,000.

17.Legal Services Agreement with Hanson Bridgett, LLP (General Fund) Department(s): City Attorney’s Office
Recommended Action: Approve a legal services agreement with Hanson Bridgett, LLP to provide legal and investigative services with a term through June 30, 2025 with an optional one-year extension, and compensation not to exceed $200,000 (Agreement No. A-2024-123).

18.Agreement with BrightLife Designs, LLC for Holiday Decorations, Installation, Removal, and Storage (Revive Santa Ana)
Department(s): Community Development Agency
City Council 7 – 8 9/17/2024
CITY COUNCIL 9 AUGUST 20, 2024
Recommended Action: Authorize the City Manager to execute an agreement with BrightLife Designs, LLC to install, remove, and store holiday decorations in Downtown Santa Ana for a three-year term beginning September 1, 2024 and ending February 1, 2027, in the amount not to exceed $144,400 (Agreement No.

A-2024-124).

MINUTES: Councilmember Vazquez spoke in support of the item and expressed concern regarding parking in front of the Yost.

19.Agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services Department(s): Finance and Management Services
Recommended Action: Authorize the City Manager to execute an agreement with Cherry Bekaert Advisory LLC for Indirect Cost Allocation Plan and Internal Service Fund Cost Allocation Methodology Services for a total aggregate amount not to exceed $150,000 for a three-year term beginning August 20, 2024 and expiring August 19, 2027, with a provision for a two-year extension (Agreement No. A2024-125).

20.Agreement with Siemens Industry, Inc. for the Main Library and Outdoor Library at Jerome Park Projects (General Fund)
Department(s): Library
Recommended Action: Authorize the City Manager to execute an agreement with Siemens Industry, Inc. for equipment, licenses, construction oversight of security camera installation, and integration into the City network for the Main Library Renovation and Outdoor Library at Jerome Park projects, in the amount of $64,200, with a 10% contingency, for a total not to exceed amount of $70,620, for a term expiring December 31, 2026, with a provision for a one-year extension (Agreement No. A-2024-126).

21.Amendment to Agreement with Group 4 Architecture, Research + Planning, Inc. for the Main Library Renovation Project (22-1380) (Revive Santa Ana) Department(s): Library
Recommended Action: Approve a first amendment to an agreement with Group 4 Architecture, Research + Planning, Inc. for additional design and engineering services, increasing the compensation amount by $499,383, for a total not-toexceed amount of $2,657,948 (Agreement No. A-2024-127).

MINUTES: Councilmember Hernandez spoke in support of the item.

City Council 7 – 9 9/17/2024
CITY COUNCIL 10 AUGUST 20, 2024

22.Agreement with Pennell Consulting, Inc. for Jail Security Control System Upgrade Consulting Services (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with Pennell Consulting, Inc. to provide consulting, system design, and project management services to the City of Santa Ana Police Department Jail for a threeyear term beginning August 20, 2024 and ending August 19, 2027, with two oneyear extension options, in an amount not to exceed $193,184 (Agreement No. A2024-128).

23.Agreement with PowerDMS for Field Training Management Software and Community Engagement Software (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an agreement with PowerDMS (Agreement No. A-2024-129) for software subscriptions as follows:
• One-year subscription to PowerReady for field training software in an amount not to exceed $8,074 for the period of March 28, 2025 through March 27, 2026
• Two-year subscription to PowerEngage for citizen engagement software in an amount not to exceed $59,375 for the period of September 1, 2024 through August 31, 2026

24.Memorandum of Understanding, First Amendment, and Appropriation Adjustment Accepting the FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant (Non-General Fund)
Department(s): Police Department
Recommended Action:

1. Authorize the City Manager and the Chief of Police to execute a Memorandum of Understanding and the First Amendment with the City of Anaheim Police Department accepting FY 2023 Enhanced Collaborative Model Task Force to Combat Human Trafficking Grant funds in the amount of $75,000 for the period of October 1, 2023 through September 30, 2026 (Agreement No. A-2024-130).

2. Approve an appropriation adjustment recognizing $75,000 in the Department of Justice Grants revenue account and appropriate same to the Office for Victims of Crime Human Trafficking expenditure accounts. (Requires five affirmative votes)
MINUTES: Mayor Pro Tem Phan recused herself from Agenda Item No. 24 as the listed entity, City of Anaheim, is a client of her employer, Rutan and Tucker.

City Council 7 – 10 9/17/2024
CITY COUNCIL 11 AUGUST 20, 2024
MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 24, as part of the Consent Calendar, seconded by Councilmember Bacerra.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR AMEZCUA
NONE
MAYOR PRO TEM PHAN (recusal)
NONE
Status: 6 – 0 - 1 – Pass
AGENDA ITEM NO. 25 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

25.Award a Construction Contract to All American Asphalt for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (Project No. 23- 6702) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action:

1. Approve an appropriation adjustment recognizing $972,882 in Coronavirus Response and Relief Supplemental Appropriations Act (CRRSAA) grant from Select Street Construction, State Grant-Direct revenue account and appropriate the same amount into the Select Street Construction, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $676,000 of prior-year fund balance from Special Gas Tax, Prior Year Carry Forward and Select Street Construction, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and HUTA 2103 Gas Tax, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

3. Approve an appropriation adjustment to transfer $30,907 from Roadway Maintenance, Improvements Other Than Buildings, Transfer from Fund 029 revenue accounts and appropriate the same amount into the Gas Tax Interfund Transfer, Transfer to Fund 059 and Select Street Construction, Improvements Other Than Buildings, Improvements Other Than Buildings, Improvements Other Than Buildings, expenditure account. (Requires five affirmative votes)

4. Authorize a budget reallocation of $44,590 in unspent funds from the Santa City Council 7 – 11 9/17/2024
CITY COUNCIL 12 AUGUST 20, 2024
Clara Avenue Bike Lane from Lincoln Avenue to Tustin Avenue Project (No. 236997) and $30,907 from Omnibus Concrete Program Support Project (No. 226970) to construction funds for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project (No. 23-6702).

5. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program (CIP) to include $972,882 from Select Street Construction funds, $676,000 from HUTA 2103 Gas Tax funds, and $75,497 in unspent funds from projects 22-6970 and 23-6997, for the Grand Avenue Rehabilitation from McFadden Avenue to First Street Project.

6. Approve the Project Cost analysis for a total estimated construction delivery cost of $2,242,499, which includes $1,793,999, for the construction contract; $269,100 for contract administration, inspection, and testing; and a $179,400 project contingency for unanticipated or unforeseen work.

7. Award a construction contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid in the amount of $1,793,999, subject to change orders in accordance with the Greenbook: Standard Specifications for Public Works Construction, for term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

8. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2023-29 was filed for Project 23-6702.

MINUTES: Councilmember Penaloza thanked staff for bringing this item forward and asked when the Greenbook Standards for Specifications for Public Works would be available to the public.

City Manager Alvaro Nuñez stated that moving forward staff would provide a link to the actual Greenbook or the section on staff reports.

Councilmember Penaloza asked for a break-down regarding the $270,000 contingency.

City Engineer Rudy Rosas explained that the $270,000 is for construction management and inspections.

MOTION: Councilmember Penaloza moved to approve the recommended action for Item No. 25, seconded by Councilmember Hernandez.

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

AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,
City Council 7 – 12 9/17/2024
CITY COUNCIL 13 AUGUST 20, 2024
NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

26.Construction Contract with Legion Contractors, Inc. for the Outdoor Library at Jerome Park Project (Project No. 22-1381 & 25-7523) (General Fund and Non-General Fund) (Revive Santa Ana)
Department(s): Public Works Agency
Recommended Action:

1. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $3,270,040 of various funding sources listed below for the Outdoor Library at Jerome Park.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,720,040, which includes $3,336,400 for the construction contract, $50,000 for contract administration, inspection, and testing, and a $333,640 project contingency for unanticipated or unforeseen work.

3. Award a construction contract to Legion Contractors, Inc. the lowest responsible bidder, in accordance with the base bid and alternate bid in the amount of $3,336,400, subject to change orders in accordance with the Greenbook:

Standard Specifications for Public Works Construction, for construction of the Outdoor Library at Jerome Park Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-34 was filed for Project 22-1381.

MINUTES: Councilmember Hernandez spoke in support of the item.

27.Award a Construction Contract to CJ Concrete Construction for the Legacy Square Transportation Improvements Project (Project No. 22-9001(20-AHSC14700)) (Non-General Fund) Department(s): Public Works Agency
Recommended Action:

1. Award a construction contract to CJ Concrete Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $1,433,200, subject to change orders in accordance with the Greenbook: Standard City Council 7 – 13 9/17/2024
CITY COUNCIL 14 AUGUST 20, 2024
Specifications for Public Works Construction, for construction of the Legacy Square Transportation Improvements Project, for a term beginning August 20, 2024, and ending upon project completion, and authorize the City Manager to execute the contract.

2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,798,079, which includes $1,433,200 for the construction contract; $221,559 for contract administration, inspection, and testing; and a $143,320 project contingency for unanticipated or unforeseen work.

3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(c) of the CEQA guidelines for projects consisting of highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities. The proposed project continues to meet these parameters of the CEQA guidelines, and Categorical Exemption Environmental Review No. ER-2023-92 was filed for Project 22-9001.

28.Agreement with Bernards Bros, Inc., for Construction Management at Risk Services for the State Building Demolition Project (Project No. 24-9002) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Bernards Bros, Inc. to perform Construction Management at Risk services for the State Building Demolition Project in the amount of $765,481, with a contingency of $84,519, for a total amount of $850,000, for a two-year term beginning August 20, 2024 and expiring August 19, 2026, with an option for two, one-year extensions (Agreement No. A-2024-131).

AGENDA ITEM NO. 29 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

29.Agreement with Mariposa Landscape Inc. for Landscape Maintenance Services at Water Production Facilities and the Corporate Yard (Specification No. 24-018) (Non-General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with Mariposa Landscape Inc. for landscape maintenance services for a three-year term beginning August 20, 2024 and expiring August 19, 2027, with a provision for two, one-year renewal options, for an aggregate amount of $695,760, including a contingency of $160,560, for the term of the agreement, including renewal options exercisable by the City Manager (Agreement No. A-2024-132).

City Council 7 – 14 9/17/2024
CITY COUNCIL 15 AUGUST 20, 2024
MINUTES: Councilmember Bacerra asked whether the description of work listed on exhibit 1 of the staff report included green landscaped walls at the city yard and the city water facilities, whether Mariposa is the same company doing the current landscaping, and why there was a 23% contingency instead of a 10% contingency.

Public Works Director Nabil Saba confirmed the description of the landscaped walls and stated Marisposa Landscape, Inc. is not the current landscaping company being used by the City. He spoke regarding the requested 23% contingency.

City Manager Alvaro Nuñez spoke regarding contingencies and stated that staff will request a 10% contingency moving forward.

Councilmember Penaloza asked for clarification regarding the areas the agreement would cover and expressed concern with the 23% contingency.

Director Saba stated the landscape maintenance services are for the Water Production Facilities and the Corporate Yard.

City Manager Nuñez spoke regarding enhancing staff report language to better illustrate the funding source.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 29, as amended to reduce the contingency amount to 10%, seconded by Mayor Amezcua.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

30.Agreement with E Source Companies, LLC for Automated Metering Infrastructure Implementation Support Services (Project 16-6460) (NonGeneral Fund) Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with E Source Companies, LLC to provide Automated Metering Infrastructure implementation support services, for a total amount not to exceed $450,000, for a three-year term beginning August 20, 2024 and expiring December 31, 2027, with City Council 7 – 15 9/17/2024
CITY COUNCIL 16 AUGUST 20, 2024
a provision for one two-year extension (Agreement No. 2024-133).

AGENDA ITEM NO. 31 WAS PULLED FOR SEPARATE DISCUSSION AND

CONSIDERATION

31.License Agreement with K&C Logistics, LLC for their use of City-Owned East and West Alton Avenue/SR-55 Freeway Parcel
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute a license agreement with K&C Logistics, LLC for use of real property owned by the City at the western terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway and at the eastern terminus of Alton Avenue between Daimler Street and the SR-55 Freeway, for a three-year term beginning August 20, 2024 and expiring August 19, 2027, automatically entering into a month-to-month renewal thereafter for an additional two years, for a total revenue amount of $1,590,640 (Agreement No. A-2024-134).

MINUTES: Councilmember Bacerra requested modifications to Section 3H of the agreement to include for the licensee to keep the area and perimeter free of weeds and vegetation. Additionally, he proposed to add a provision to the section to post signs in accordance with Santa Ana Municipal Code Section 10-96 and CCP Section 602.

Councilmember Penaloza raised concerns regarding neglect, citing the Bristol and Warner lots as examples. He asked whether the seven-day notice period could be eliminated and if the contract could instead include a provision for termination if the licensee fails to comply.

City Manager Alvaro Nuñez stated that the key component was to receive some level of funding, and assured that City staff would do their due diligence to ensure proper property maintenance. He proposed providing the licensee with a 48-hour notice period if the property fails to meet compliance standards.

Discussion ensued regarding the timeframe for providing notice related to the property maintenance.

City Manager Nuñez suggested a 72-hour period.

Councilmember Penaloza agreed to the 72-hour timeframe.

MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 31, as amended to change section 3H to require maintaining the licensed and perimeter area within 72-hours and to add to section three with a requirement to post signage, seconded by Councilmember Penaloza.

City Council 7 – 16 9/17/2024
CITY COUNCIL 17 AUGUST 20, 2024
The motion carried, 7-0, by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

32.Affirm Approval of City Manager Employment Agreement Department(s): City Council
Recommended Action: Direct and authorize the Mayor to execute the City Manager Employment Agreement with Alvaro Nuñez (Agreement No. A-2024- 135).

MINUTES: Councilmember Vazquez congratulated City Manager Alvaro Nuñez.

Councilmember Hernandez congratulated City Manager Nuñez.

Mayor Amezcua congratulated City Manager Nuñez.

33.Agreement with Franklin Covey Client Sales, Inc. for Training Resources for Citywide Staff Development (General Fund)
Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute a sole source agreement with Franklin Covey Client Sales, Inc. to provide staff development resources for City of Santa Ana employees, for a term beginning July 15, 2024 and expiring July 14, 2027, for an aggregate amount not to exceed $90,960 (Agreement No. A-2024-136).

34.Adoption of an Extension and First Amendment to the Memorandum of Understanding (“MOU”) by the Service Employees International Union Local 721 Part-Time Civil Service Employees Unit (“SEIU-PTCS”) Department(s): Human Resources
Recommended Action: Authorize the City Manager to execute an extension and first amendment to the existing Memorandum of Understanding with SEIU-PTCS regarding wages, hours, and other terms and conditions of employment effective through June 30, 2025, and authorize non-substantive changes, which may be City Council 7 – 17 9/17/2024
CITY COUNCIL 18 AUGUST 20, 2024
necessary to implement the agreement (Agreement No. A-2024-137).

MINUTES: Councilmember Hernandez spoke in support of the item.

Mayor Amezcua spoke regarding layoffs in 2008 and requested an update on the number and status of part-time employees.

35.Resolution to Effect Certain Changes to the City’s Basic Classification and Compensation Plan for Service Employee International Union (SEIU) Represented Employees
Department(s): Human Resources
Recommended Action: Adopt a Resolution to effect certain changes to the City’s basic classification and compensation plan for Service Employee International Union (SEIU) Represented Employees.

RESOLUTION NO. 2024-048 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY’S

CLASSIFICATION AND COMPENSATION PLAN
MINUTES: Councilmember Hernandez spoke in support of the item.

36.Resolution, Agreement, and Appropriation Adjustment Accepting the FY 2023 Emergency Management Performance Grant (Non-General Fund) Department(s): Police Department
Recommended Action:

1. Adopt a resolution authorizing the City Manager to act on behalf of the City of Santa Ana for obtaining federal funds related to homeland security, emergency management, and/or disaster recovery provided by the U.S. Department of Homeland Security and sub-granted through the State of California and the County of Orange.

RESOLUTION NO. 2024-049 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY
MANAGER OR THE CITY MANAGER’S DESIGNEE(S) TO OBTAIN 2023

EMERGENCY MANAGEMENT PERFORMANCE GRANT FUNDS THROUGH

THE COUNTY OF ORANGE

2. Authorize the City Manager to execute a two-year agreement with the County of Orange for the period of July 1, 2023 through June 30, 2025, for the FY 2023 Emergency Management Performance Grant in an amount not to exceed $46,342 (Agreement No. 2024-138).

3. Approve an appropriation adjustment recognizing $46,342 in Law Enforcement Grants revenue account and appropriating same to the Emergency Management Performance Grant expenditure account. (Requires five City Council 7 – 18 9/17/2024
CITY COUNCIL 19 AUGUST 20, 2024
affirmative votes)

37.Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) (Second Reading) First reading August 6, 2024 City Council meeting and approved by a 7-0 vote.

Department(s): Planning and Building Agency
Recommended Action:

1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01.

ORDINANCE NO. NS-3068 entitled ZONING ORDINANCE AMENDMENT NO. 2024- 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH

PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND

USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW

PROPOSED USES, AND TO INCLUDE ADDITIONAL

COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE

THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT
NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-27209, 414-272-10, AND 414-261-01)

2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning).

Environmental Review No. 2023-109 will be re-filed for this project. **END OF CONSENT CALENDAR**
MINUTES: At 8:30 P.M., the Business Calendar was considered.

38.Designate a Voting Delegate and up to Two Alternates for League of California Cities (Cal Cities) 2024 Annual Conference General Assembly Department(s): City Clerk’s Office
Recommended Action: Designate a voting delegate and up to two alternates for the Cal Cities Annual Conference General Assembly on Friday, October 18, 2024.

MINUTES: City Clerk Jennifer L. Hall gave a presentation regarding the designation of a voting delegate and two alternates for the League of California

BUSINESS CALENDAR
City Council 7 – 19 9/17/2024
CITY COUNCIL 20 AUGUST 20, 2024
Cities General Assembly.

Mayor Amezcua nominated Councilmember Penaloza as the voting delegate.

Councilmember Penaloza declined the nomination.

Councilmember Penaloza nominated Councilmember Bacerra as the voting delegate and Councilmember Vazquez and himself as the alternates.

MOTION: Councilmember Penaloza moved to approve the nomination for Councilmember Bacerra as the delegate and Councilmembers Vazquez and Penaloza as the two alternates for League of California Cities 2024 Annual Conference General Assembly, seconded by Councilmember Bacerra.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER LOPEZ,

COUNCILMEMBER PENALOZA, COUNCILMEMBER

VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA
NONE
NONE
NONE
Status: 7 – 0 – Pass

39.Ordinance Amending Article VI Stadium Sec. 2-743 Liquor of the Santa Ana Municipal Code to Allow for the Sale and Consumption of Beer, Wine, and Distilled Spirits at Eddie West Field-Santa Ana Stadium Department(s): Parks, Recreation, and Community Services Recommended Action:

1. Approve first reading of an ordinance amending Article VI (Stadium), Section 2743 (Liquor) of the Santa Ana Municipal Code (SAMC) (Exhibit 1) to allow for the sale and consumption of beer, wine, and distilled spirits at Eddie West FieldSanta Ana Stadium with the expressed written consent of the City Manager or designee.

ORDINANCE NO. NS-3069 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 2 OF THE SANTA ANA

MUNICIPAL CODE (ADMINISTRATION), ARTICLE VI (STADIUM), SECTION 2-743 – LIQUOR

3. MINUTES: Assistant City Manager Steven Mendoza presented the staff report and stated the purpose of the item is to enhance the venue's marketability and City Council 7 – 20 9/17/2024
CITY COUNCIL 21 AUGUST 20, 2024
competitiveness.

Mayor Amezcua requested clarification on the number of vendors and security for such events.

Councilmember Bacerra spoke in support of the item and requested to strike out language of “adult event.”
Mayor Pro Tem Phan spoke in support of striking out language of “adult event.” Councilmember Hernandez spoke in support of the item and striking out “adult” language and requested to increase visibility of language that encourages safe, responsible drinking and to promote local downtown businesses.

Councilmember Penaloza spoke in support of the item and recommended amendments to the ordinance language.

Councilmember Bacerra asked whether the City has an ABC license for the stadium.

City Manager Alvaro Nuñez stated the City currently does not have an ABC license, spoke regarding the process of obtaining the license in the future, and stated vendors would have the ABC license.

MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 39, as amended to strike the language pertaining to “adult events” and determine that the action is exempt from CEQA pursuant to Section 15301 Class One Existing Facilities, seconded by Councilmember Penaloza.

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

AYES:

NOES:

ABSTAIN:

ABSENT:

COUNCILMEMBER BACERRA, COUNCILMEMBER

HERNANDEZ, COUNCILMEMBER PENALOZA,

COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN,

MAYOR AMEZCUA
NONE
NONE

COUNCILMEMBER LOPEZ
Status: 6 – 0 - 1 – Pass
**END OF BUSINESS CALENDAR**

CITY MANAGER COMMENTS
MINUTES: City Manager Alvaro Nuñez thanked the City Council for their trust and vote.

City Council 7 – 21 9/17/2024
CITY COUNCIL 22 AUGUST 20, 2024

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

MINUTES: Councilmember Vazquez wished Councilmember Hernandez a happy belated birthday, stated he would like to bring the press policy for council discussion and that he would like for the Townsend Task Force to come back together, spoke regarding homelessness and evictions and increasing Quality of Life Team, and gave best wishes to his mom.

Councilmember Lopez announced the Santiago Park clean up with OC Habitat on August 28 and the Public Library educational event on August 29, and spoke about a free art exhibit and her end of month office hours.

Councilmember Hernandez thanked members of the public for their comments, announced the approval of the first OC outdoor library at Jerome Park, and spoke regarding the Chicano Heritage Month Event and the Chicano Heritage education celebration event at the library on August 29, 2024.

Councilmember Penaloza spoke regarding the decrease in students in the Santa Ana school district and requested to adjourn the meeting in memory of Linus, a member of the Santa Ana Police Department Mounted Unit.

Mayor Pro Tem Phan thanked staff for the Chicano Heritage Festival, and spoke regarding “Parents Day” Buddhist celebration, her attendance at ZOOfari, and Fiestas Patrias in September.

Mayor Amezcua spoke regarding Coffee with the Mayor at Riverview Golf Course, thanked Councilmember Bacerra for the resource fair, announced her attendance at Alfred Escalante’s 99th birthday, and spoke regarding the Santa Ana Unified School District’s lack of attention regarding student transportation. She announced the fifth anniversary of the passing of Victoria Barrios on August 30 and spoke regarding the Chicano Heritage Month event.

Councilmember Bacerra announced his monthly office hours at Lily King Park, spoke regarding homelessness, recognized the contributions of the American Labor Union, wished everyone a happy and safe Labor Day, and adjourned the meeting in memory of Billy Bean.

ADJOURNMENT – Adjourn the City Council meeting.

MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Billy Bean and Linus at 9:17 P.M.

City Council 7 – 22 9/17/2024
CITY COUNCIL 23 AUGUST 20, 2024
Respectfully submitted:
___________________________
Jennifer L. Hall, CMC
City Clerk
City Council 7 – 23 9/17/2024
Library
www.santa-ana.org/library
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 17, 2024
TOPIC: California State Library Funding

AGENDA TITLE
Appropriation Adjustment Recognizing $15,803 in California State Library Funding (General Fund)

RECOMMENDED ACTION
Approve an appropriation adjustment to recognize $15,803 in California State Library California Library Services Act funds in the Library Miscellaneous Income revenue account and appropriate the same into the Library Tech and Support Services, Computer Software Subscriptions expenditure account, to apply toward Library eresources. (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
As a full member of the Santiago Library System, which is a consortium of libraries in Orange County, the Santa Ana Library is eligible to receive California State Library California Library Services Act funding. In July 2024, the Library was notified that it would receive $15,802.58 to apply toward e-resources provided by Overdrive, Inc. (“Overdrive”).

On October 17, 2023, the City Council approved an agreement with Overdrive, Inc. (“Overdrive”) to provide content hosting services and digital content such as e-books, eaudiobooks, e-magazines, and video streaming. In recent years, electronic content such as e-books, e-audiobooks, e-magazines, and streaming content have become very popular, and an essential part of the Library’s digital services platform. Library patrons can access Overdrive content through various methods that include the Santa Ana Public Library’s website, Libby app (by Overdrive), or on e-reader devices. Using Overdrive, patrons can browse the Library’s digital collection and check out materials with a valid Santa Ana Public Library card. From there, users can easily download their books, magazines, videos, or audiobooks to their computers or mobile devices. Titles will automatically expire at the end of the lending period. Downloadable titles offer library patrons of all ages a convenient way to access information and materials from home or anywhere there is an internet connection.

City Council 9 – 1 9/17/2024
California State Library Funding
September 17, 2024

Page 2 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
The appropriation adjustment will recognize $15,802.58 in Library Miscellaneous Income revenue account (01111002-57990), and appropriate the same to Library Tech & Support Services, Computer Software Subscriptions expenditure account (01111190- 66511) as follows:

Fiscal Year
Accounting
UnitAccount #
Fund
Description
Accounting Unit,
Account Description Amount
FY 24-25 01111190 –
66511 General Fund
Tech & Support
Services, Computer
Software Subscriptions
$15,802.58
TOTAL $15,802.58

EXHIBIT(S)

1. Notification Letter
Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nuñez, City Manager
City Council 9 – 2 9/17/2024
City Council 9 – 3 9/17/2024
Community Development Agency
www.santa-ana.org/community-development
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 17, 2024
TOPIC: DTSA First Saturday ArtWalk

AGENDA TITLE
Donation Agreement with The Frida Cinema to Sponsor the DTSA First Saturday ArtWalk (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute a Donation Agreement with The Frida Cinema to sponsor the Downtown Santa Ana (DTSA) First Saturday ArtWalk for a one-year term beginning October 1, 2024 and ending September 31, 2025, in an amount not to exceed $150,000 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Downtown Santa Ana ArtWalk began in the 1990s as a collaboration among local artists and galleries in the City of Santa Ana (“City”). Over the years, management of the event has shifted from being artist-led by Grand Central Arts Center to the Business Improvement District (BID) business association Downtown Inc. Since January 2023, The Frida Cinema, a local nonprofit organization, has taken over its management. They have revitalized the ArtWalk, rebranding it as the “DTSA First Saturday ArtWalk.” This monthly, all-ages event, held on the first Saturday of each month, offers free admission and features a variety of local artists, more than 20 art galleries, live performances, food vendors, and family-friendly activities.

Founded in February 2014, The Frida Cinema is Downtown Santa Ana’s sole nonprofit movie theater and one of the few remaining “art house” cinemas in Southern California.

Known for its dedication to enriching, connecting, and educating communities through cinema, The Frida has earned recognition for its year-round film festival programming from OC Weekly. The cinema also actively partners with educational, arts, and causebased organizations and hosts a range of cultural events, including drive-in screenings, free movies in community parks, and now, the DTSA First Saturday ArtWalk.

The Downtown ArtWalk has emerged as a cornerstone of Downtown Santa Ana as it was ranked as the second-highest visited destination in the City, behind only Santa Ana College, and ahead of such notable locations as Santa Ana Zoo and Mainplace Mall (according to the 2023 Santa Ana Visitor Analysis conducted by Travel Santa Ana and City Council 10 – 1 9/17/2024
DTSA First Saturday ArtWalk
September 17, 2024

Page 2 ends

research company Zartico). It has significantly contributed to the revitalization of Downtown Santa Ana by:
• Stimulating economic growth through increased foot traffic and support for local businesses, hiring local vendors, and paying local artists. To date, they have made $42,789 in payments to 144 local artists and musicians. • Enhancing the City’s cultural landscape by providing a platform for diverse local artists, as well as inviting highly-recognized artists from outside the City to foster a vibrant arts scene, while expanding the event footprint. It has also led to the revitalization of historic buildings and the opening of new galleries and creative spaces.

To sustain and expand the positive impact of the DTSA First Saturday ArtWalk, staff recommends that the City Council approve a one-year sponsorship allocation of $150,000 to The Frida Cinema. This investment will enable the ArtWalk to:
• Increase event hours to further stimulate economic activity and cultural engagement.
• Expand programming to include additional art forms and increase artist compensation.
• Invest in public art installations to enhance the downtown area. • Establish artist residency programs to attract and retain local talent.

By sponsoring this event, the City does not have authority to manage, program, or advise on any of the activities of the DTSA First Saturday ArtWalk. The sponsorship will be disbursed in monthly installments. In the event that the ArtWalk ceases its operations before the completion of the one-year sponsorship term, the City will retain any unused funding.

FISCAL IMPACT
Funding is available in the FY 2024-25 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration.

Fiscal Year Accounting Unit
– Account#
Fund
Description
Accounting Unit,
Account Description Total
FY 2024-25
(Oct 2024-
Jun 2025)
01118810-62300 General Fund -
CDA
Contract ServicesProfessional $112,500
FY 2025-26
(Jul 2025-
Sep 2025)
01118810-62300 General Fund -
CDA
Contract ServicesProfessional $37,500
TOTAL $150,000

EXHIBIT(S)

1. Donation Agreement

2. DTSA First Saturday ArtWalk Presentation
City Council 10 – 2 9/17/2024
DTSA First Saturday ArtWalk
September 17, 2024

Page 3 ends

Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager
City Council 10 – 3 9/17/2024

CITY OF SANTA ANA

DONATION AGREEMENT

1. PARTIES AND DATE
This Donation Agreement (“Agreement”) is made and entered into this 1st day of October, 2024, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and the laws of the State of California (“City”), and The Frida Cinema, a California nonprofit public benefit corporation (“Recipient”). City and Recipient are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

2. RECITALS

2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient with “DTSA First Saturday ArtWalk,” (“Community Benefit”). The Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference. The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding.

2.2 Public Purpose. The City believes there is a public purpose in providing a free yearround, all-ages, community-based arts showcase that takes place throughout Downtown Santa Ana.

This includes live art and music, outdoor vendors, group dance lessons, and over 20 art galleries and studios featuring rotating exhibitions and performances. The events promote economic growth for the city by increasing foot traffic to local businesses from Santa Ana residents as well as residents from other cities. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit.

3. TERMS AND CONDITIONS

3.1 Use of Funds. The City has chosen to provide Recipient with a payment in an amount not to exceed ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for this continuing event because the City has determined that there is a public purpose to be served in supporting the Community Benefit. Recipient will be paid in twelve equal monthly installments in the amount of $12,500 on the 5
th day of each month, after full execution of the Agreement, as follows: October 5, 2024, November 5, 2024, December 5, 2024, January 5, 2025, February 5, 2025, March 5, 2025, April 5, 2025, May 5, 2025, June 5, 2025, July 5, 2025, August 5, 2025, and September 5, 2025. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose, or fail to continue the Community Benefit, or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below.

3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day’s notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to EXHIBIT 1
City Council 10 – 4 9/17/2024

CITY OF SANTA ANA

DONATION AGREEMENT

Page 2 of 3 ends

Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum.

Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement.

3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City.

3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient.

3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement.

3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties.

EXHIBIT 1
City Council 10 – 5 9/17/2024
EXHIBIT 1
City Council 10 – 6 9/17/2024

EXHIBIT A
Request for Sponsorship Funds
EXHIBIT 1
City Council 10 – 7 9/17/2024
EXHIBIT 1
City Council 10 – 8 9/17/2024
EXHIBIT 1
City Council 10 – 9 9/17/2024

PROJECT SCOPE STATEMENT

1. Project Overview
● Project Name: DTSA First Saturday ArtWalk
● Location: Downtown Santa Ana (DTSA), Santa Ana, CA: Various Locations ● Frequency: Monthly (First Saturday of each month)
● Objective: To organize and produce a community-driven art walk event that highlights local artists and creators, galleries, and businesses, fostering cultural engagement and supporting Santa Ana’s local arts community.

2. Project Goals and Objectives
● Showcase Local Artists and Creators: Provide a consistent platform for emerging and established local artists and creators to engage with, and exhibit their work to, the community.
● Engage the Community: Encourage community participation and attendance by offering a diverse range of art forms, including visual arts, crafts, live music, and performance.
● Support Local Businesses: Showcase, and partner with, local businesses to enhance the event experience and drive economic activity in the downtown area. ● Foster Cultural Appreciation: Promote a deeper appreciation for the arts within the community, as well the community’s active and thriving arts scene itself, by featuring various artistic disciplines and cultural expressions. ● Event Brand Legacy: Ensure recognition of DTSA First Saturday ArtWalk as the staple, premier monthly community event held to celebrate and showcase the community’s artists, galleries, and opening gallery shows.

3. Deliverables
● Event Planning and Coordination (monthly):
○ Develop a monthly event schedule, including gallery exhibitions, performances, and special activities.
○ Secure necessary permits and approvals from the City of Santa Ana. ○ Coordinate with local galleries, businesses, and community partners for participation, and to ensure active and accurate promotion of their events.
● Marketing and Promotion:
○ Create and distribute promotional materials, including 11x17 event posters and a monthly event program.
○ Manage digital marketing campaigns to increase event visibility, including newsletters and special media posts.

EXHIBIT 1
City Council 10 – 10 9/17/2024
○ Engage with local media outlets and event partners for coverage. ● Artist and Vendor Management:
○ Select and coordinate with participating artists, performers, and vendors. ○ Allocate space and logistical support for art installations and vendor booths.
○ Provide clear guidelines and communication to all participants. ○ Goal is to ensure at least forty (40) participating vendors; at least six (6) participating live musicians, bands and/or DJ’s; and to coordinate with all existing galleries located within the event footprint.
● On-Site Event Execution:
○ Set up and manage event infrastructure, including booth placement, stages, sound systems, etc.
○ Ensure crowd control, security, and safety measures are in place, including street closure materials.
○ Oversee event staff and volunteers for smooth operations. ○ Outdoor locations will include 2nd Street Promenade/Artist Village; Sycamore Street between 2nd and 3rd Streets; Calle Cuatro Plaza; French Street between 4th and 5th Streets; and various parking spaces, parklets, and other such non-traditional outdoor spaces throughout the community.

4. Project Constraints
● Timeframe: Each event must be planned and executed within a one-month cycle, with specific deadlines for permits, marketing, and participant coordination. ● Budget: The project budget for this free community event is limited to available funding from sponsors, community partners, vendors, and any allocated organizational resources.
● Regulatory Compliance: All activities must comply with local laws, ordinances, and safety regulations.

5. Assumptions
● Community Interest: There will be ongoing interest and participation from artists, local businesses, and the local community.
● Sponsorship and Funding: Sufficient funding and sponsorships must be secured to cover event costs.
● Weather Conditions: The event takes place both indoors at participating galleries and businesses, and outdoors at identified activated areas, assuming favorable weather conditions.

6. Project Stakeholders
● Primary Stakeholders:
○ DTSA Galleries and Businesses
○ Local Artists and Performers
EXHIBIT 1
City Council 10 – 11 9/17/2024
○ City of Santa Ana (Permits and Regulatory Bodies)
○ Event Sponsors and Partners
○ Santa Ana Residents and Community Members
● Secondary Stakeholders:
○ Visitors and Tourists
○ Event Staff and Volunteers

7. Project Risks
● Weather-Related Disruptions: Inclement weather could affect outdoor activities and attendance. In the event of a forecast that calls for a 40%+ chance of rain, announcements will be amply made that outdoor elements of the event will be canceled, but the event will proceed with a focus on gallery openings, business promotions, and any activities that will still continue indoors. ● Participant No-Shows: Artists or vendors may cancel at the last minute. ● Budget Overruns: Unexpected costs or insufficient funding could strain resources and affect event quality.

8. Success Criteria
● Artist, Vendor, and Business Satisfaction: Positive feedback from participating artists, vendors, and local businesses.
● Community Engagement: Strong community participation, positive social media engagement, and positive feedback from community members. ● Attendance: Meeting or exceeding target attendance numbers for each event. ● Financial Performance: Staying within budget and achieving financial sustainability and growth through sponsorships and partnerships.

Prepared by:

Logan Crow
Executive Director
The Frida Cinema
EXHIBIT 1
City Council 10 – 12 9/17/2024
EXHIBIT 2
City Council 10 – 13 9/17/2024
AboutDTSA
First Saturday Art alk
DTSA First Saturday ArtWalk is one of Santa Ana's most
popular and iconic events. Celebrated the First Saturday of each month, ArtWalk is a free, all-ages event that
draws thousands of residents and visitors downtown for
local, diverse, and unique community arts programming.

Produced by Santa Ana-based nonprofit arts
organization The Frida Cinema, ArtWalk finds Downtown
Santa Ana erupting with outdoor festival areas full of
artisan and niche vendors, captivating performances,
and over 20+ art galleries and studios featuring rotating art shows, performances, and live music.

Every First Saturday of the Month.
2024DATES
JANUARY 6TH I FEBRUARY 3RD I MARCH 2ND
APRIL 6th MAY 4TH I JUNE 1ST
JULY 6TH I AUGUSJ 3RD SEPtEMBERZT...__ _
OCTOBER 5TH I NOVEMBER 2ND I DECEMBER 7TH
EXHIBIT 2
City Council 10 – 14 9/17/2024
.out
-
a 1nema
I r
.F:oundeo in Eebruary·2014 and lecated at IB05 E. 4th St�eet in lf)owrntowri Santa Ana, Jhe Frida Cinema serves ©range County .as:its s
. .
ole nenrariofit movie,theateri:, and one of few true '!art ' -
house" cinemas left in Southern rGalifornia. Dedicated tto the •'- ,. - .1 ... • mission .ot<
:emriching, c.onnecting,. and educating
_coFnrnilmities
thriough the arit, of ci1:1e1na, The Frida is eelebratted not onl _y f.or
.. .
its·:euratorial cinerrnatic programming that,
_
e�rned it· the
nicknarf)e of ·;,©C's
_ year-=�ound film festi.val'; (0€ Weekly,),_ Out
also for/its dedication te partnering with community educational, - - -
arts, and.cause-based groups, as well as its outd00r cultural 'ev.ents incJ□ding drive-irn screernings, fre� �r.po�ies i� eommunity parks, and now, QTSA First.Saturday ;ArtWall< ..
-ttlef ridaeinema.Org
'·�Downtown S.antci Ana's Gulturial
1 1'nchor''
:- .QG Weekly·
EXHIBIT 2
City Council 10 – 15 9/17/2024
Daily Pilot

G- COUN Y
ISTER

ORANGE COUNTY'S NONPROFIT NEWSROOM
EXHIBIT 2
City Council 10 – 16 9/17/2024

NEW MARKETING INITIATIVES

ONLY THREE OF THE MANY NEW OUTREACH INITIATIVES

UNDERTAKEN BY THE FRIDA CINEMA SINCE IT BEGAN PRODUCING THE EVENT

PRINT PROGRAMS, HANDED OUT AT EVENT WHICH INCLUDE

A MAP LISTING GALLERIES, THEIR NEW SHOWS, AND OPEN BUSINESSES ffli%fi� ,DWNiOwN1i,iAlii,
iovrnsriNiros° ART .......... · .. 1
� ••••••• ❖ •••••••
....... ·=· ...... . SIIOI' FIIDl,I IMl! 30 l.0CAI.

MTlSANVENDORS
IJJ ' • � ...

S�OPOV!lllDIOOlAl!TmVOIOOaS Alll'SHOWS IIANCING INlHE STllrn'S tMMUSIC ms· ARrS & M:1M11ES tMPAIKllNG ANOMOl!E! .,.� .. �' � ,f.,� ·or.•, \-::., ,%·
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SPONSORED BY:
,�,, CMII@
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� DOWNTOW!I $,\)(�A A.MA �
• DT�AM.1WA.LJ<..0lt4 •

VENDOR SPOTLIGHTS FOR PARTICIPATING VENDORS
ON INSTAGRAM ACCOUNT @DTSANTAANA

COMPLETELY REDESIGNED WEBSITE, WHICH NOW INCLUDES FULL LISTINGS OF GALLERIES,

OPEN BUSINESSES, AND ALL PARTICIPATING ARTISTS AND VENDORS, WITH LINKS

ARTISTS VILLAGE
CSUF Grand Central Art Center
125 N. Broadway I Artist Village
Grand Central Art Center is the result of a unique partnership between the California State University at Fullerton and the City of Santo Ano. The art center is o mix of resldenliof. commercial and educational use. Grand Central Art Center is dedicated to the open exploration of con empororv ort and visual culhJre: locolly, regionally notionally, and lntemotlonolly through socially engaged collaborations among artists, students. and the community.

HINGS LIM: SPECTER IN THE GA TE I Now through Moy 12th, 2024 coco FVSCO: YOVR EYES WILL BE AN EMPTY WORD I Now I rough Moy 12th, 2024
Wayward Artists Theatre
125 . Broodwav
EXHIBIT 2
City Council 10 – 17 9/17/2024

NOTABLE ACCOMPLISHMENTS
SINCE THE FRIDA CINEMA BEGAN OPERATING ARTWALK IN JANUARY 2023

GRANT SUPPORT RECEIVED FROM CITY OF SANTA ANA, STATE OF CALIFORNIA, FAMILY-FRIENDLY ENGAGEMENT ACTIVITIES INCLUDING PUMPKIN CARVING,

COMMUNITY CARD-MAKING, COSTUME CONTESTS, EASTER EGG HUNTS, AND MORE ENGAGEMENT, & NATIONAL ENDOWMENT OF THE ARTS C
B
0 CALIFORNIA

ARTS COUNCIL

A STATE AGENCY

NATIONAL

ENDOWMENT-E -EARTS
======= arts.gov

EXPANSION OF EVENT FOOTPRINT
$42,789
i C C,
.' .� ' ....... __,-=..

A EGG
1) Pick up a free bag at the Egg Hunt Table on
Calle Cuatro Plaza
2) Find eggs hidden on Calle Cuatro Plaza
and between French Street booths.
3) New eggs hidden every hour!
Look throughout the night for the
•
!
4) 1 Golden Egg= Frida Cinema Ticket Pack!!
(Faur mnit tickets, dri1u & ,opearo)
Redeem your prize at the Egg Hunt Table.

IN PAYMENTS MADE DIRECTLY TO 144 LOCAL ARTISTS AND MUSICIANS EXHIBIT 2
City Council 10 – 18 9/17/2024
According to the 2023 Santa Ana Visitor Analysis conducted by Travel Santa Ana and tourism/destination research company Zartico, DTSA First Saturday ArtWalk ranked as the secondhighest visited destination in Santa Ana in 2023, behind only Santa Ana College, and ahead of such notable locations as Santa Ana Zoo and Mainplace Mall.

TRAVEL
A � ZARTICO
EXHIBIT 2
City Council 10 – 19 9/17/2024
City Council 10 – 20 9/17/2024
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EXHIBIT 2
City Council 10 – 21 9/17/2024
Telephone •
We hope you will partner with this wonderful
and impactful community event, and are
standing by should you have any questions. (323) 428-7411 Email
[email protected]
Website
THE FRIDA CINEMA DTSAAR ALK.ORG
EXHIBIT 2
City Council 10 – 22 9/17/2024
Parks, Recreation, and Community Services
www.santa-ana.org/parks-recreation
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 17, 2024
TOPIC: Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center

AGENDA TITLE
Amendment to the Facilities Use Agreement with the Training and Research Foundation to Add the Logan Community Center as a Service Location to Provide Licensed Afterschool Programming Until the End of the 2024-2025 School Year

RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the facilities use agreement with the Training Research Foundation (TRF) to add the Logan Community Center as a service location to provide childcare services to Santa Ana children and families, increasing the monthly fee by $600 for a monthly total fee of $2,600 for 10 months, from September 1, 2024 through June 30, 2025. (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On August 17, 2021 the City Council approved a facilities use agreement with the Training and Research Foundation (TRF) to operate childcare centers at Corbin Community Center and El Salvador Community Center, for a term beginning August 17, 2021 and ending August 31, 2026. Based on the needs of the community, staff is recommending the expansion of services to assist families in the community.

Staff is requesting an amendment to the current facilities use agreement to grant TRF the right to provide licensed afterschool programming until the end of the 2024-2025 school year at the Logan Community Center, 1009 N Custer Street, Santa Ana, CA 92701, prior to major renovations scheduled for next year. The term of the amendment shall commence on September 1, 2024 and end on June 30, 2025.

TRF pays the City a monthly fee of $2,000 for the use of the facilities for the current service locations at Corbin Community Center and El Salvador Community Center. As proposed, TRF will pay a monthly fee of $600 for the use of the Logan Community Center, increasing the total monthly fees payable from $2,000 to $2,600 for the term of City Council 11 – 1 9/17/2024
Amendment to the Facilities Use Agreement with Training and Research Foundation to add the Logan Community Center
September 17, 2024

Page 2 ends

the amendment. The first payment to include the additional $600 will be for September 2024 and continue through June 2024.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

FISCAL IMPACT
TRF will pay the City $600 per month for the use of the Logan Community Center, for 10 months. Funds will be deposited in the following account for the specified fiscal year.

Fiscal
Year
Accounting
UnitAccount #
Fund
Description
Accounting Unit, Account
Description Amount
FY 24-25 01113002-
57361
General
Fund
PRCSA-Recreation Facility
Rental $6,000

EXHIBIT(S)

1. Agreement Amendment
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Alvaro Nuñez, City Manager
City Council 11 – 2 9/17/2024

Page 1 of 2 ends

FIRST AMENDMENT TO FACILITY USE AGREEMENT WITH TRAINING AND RESEARCH

FOUNDATION FOR CORBIN CENTER AND EL SALVADOR CENTER
THIS FIRST AMENDMENT to the above-referenced agreement is entered into September 17, 2024, by and between Training and Research Foundation (“TRF”), a California non-profit corporation, 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 TRF are also collectively referred to herein as “the Parties.”

RECITALS
A. The Parties entered into Agreement No. A-2021-191 (“Agreement”) dated August 17, 2021, to grant TRF the limited right to operate licensed childcare at the Corbin Center and El Salvador Center to provide services to low and mid-income preschool children and families in Santa Ana.

B. The Agreement is current and in-effect through August 31, 2026.

C. The Parties now wish to amend the Agreement to add the Logan Center as a service location and increase the monthly fee to account for the Logan Center.

The Parties therefore agree:

1. Section 1C, is amended to also include Exhibit C-1 of this First Amendment, attached hereto.

2. Section 1, is hereby amended to include a paragraph D, which shall read as follows:

City grants TRF the right to provide licensed childcare services at Logan Center in the area specified in Exhibit C-1 attached hereto and incorporated by reference.

3. Section 3, Consideration, is hereby amended to include an additional monthly fee of $600 for the use of Logan Center for a total fee of $2,600 per month for use of the Facilities.

4. Except as modified by this First Amendment, all terms and conditions of the Agreement, shall remain in full force and effect.
[signature page follows]
City Council 11 – 3 9/17/2024
City Council 11 – 4 9/17/2024
EXHIBIT C-1
City Council 11 – 5 9/17/2024
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LOCATION OF CHILDCARE SERVICES
EXHIBIT C-1
City Council 11 – 6 9/17/2024
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RECREATION AND PARK DEPARTMENT of
CITY 0 F SANTA ANA
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LOCATION OF CHILDCARE SERVICES
City Council 11 – 7 9/17/2024
Parks, Recreation, and Community Services
www.santa-ana.org/parks-recreation
Item #12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 17, 2024
TOPIC: Event Production Agreement with Power of One Foundation and Event Floor Cover Purchase Order Contract with Sunbelt Rentals Inc.

AGENDA TITLE
Agreement with Power of One Foundation (POOF), for a co-presented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc. Purchase Order Contract for Event Floor Cover (General Fund)

RECOMMENDED ACTION

1. Authorize the City Manager to execute an agreement with Power of One Foundation to co-present a Fiestas Del Mariachi event at Santa Ana Stadium, for an amount not to exceed 80% of revenue earned after expenditure recovery for a term beginning September 18, 2024 and ending October 31, 2024 (Agreement No. A-2024-XXX).

2. Award a Purchase Order Contract to Sunbelt Rentals Inc. for the rental of an event floor cover for Santa Ana Stadium in an amount not to exceed $118,548.

DISCUSSION
Parks, Recreation, and Community Services Agency (PRCSA) was instructed to explore revenue-generating opportunities at Santa Ana Stadium enabling PRCSA to host or co-present events that attract residents and the surrounding community, focusing on music and sporting events with potential ticket, food, and vendor sales.

City Council 12 – 1 9/17/2024
Event Production Agreement with POOF
And Purchase Order Contract with Sunbelt Rentals Inc.

September 17, 2024

Page 2 ends

In May 2024, the Power of One Foundation submitted a Special Event Permit to host a mariachi competition at the stadium. Recognizing its potential as a proof of concept, PRCSA proposed co-presenting Fiestas Del Mariachi, Sunday, October 13.

The first half of the event will feature a free community talent showcase with local mariachi groups, ballet folklorico, and participation from community organizations and non-profits. In the evening, the stadium will transform into a vibrant music venue featuring professional mariachi groups.

Under this agreement, the City could recover $9,005 for the normal stadium rental fee and $118,548 for protective flooring rental. The City will use a competitively bid contract through Omnia Partners (Contract No. 200601) to issue a purchase order to Sunbelt Rentals. This complies with Santa Ana City Ordinance No. NS-3041, allowing procurement from public agency contracts, minimizing delays and avoiding additional bidding. POOF will cover the remaining event-related costs, estimated at $411,826, for staging, entertainment, food & beverage, and security.

POOF has estimated the event will generate $775,950 of revenue. Once all costs are fully recovered, the parties will enter into a strategic revenue-sharing agreement to maximize returns. Beyond financial recovery, this event is poised to serve as a powerful economic driver for the City, acting as a multiplier for local businesses by attracting thousands of attendees, increasing foot traffic, and generating significant spending in Santa Ana's surrounding areas.

This spectacular event will ignite the heart of Santa Ana, electrifying attendees through a musical journey that blends the rich, soul-stirring rhythms of traditional mariachi with an elevated VIP experience that includes floor seating and exclusive food and beverage options from local vendors. POOF and the City’s aspiration is to bring together over 10,000 attendees for an epic day of music and entertainment with a wide range of ticket packages; there will be something for everyone who wants to experience the best of mariachi music in a phenomenal setting.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.

City Council 12 – 2 9/17/2024
Event Production Agreement with POOF
And Purchase Order Contract with Sunbelt Rentals Inc.

September 17, 2024

Page 3 ends

FISCAL IMPACT
The following table includes the cost estimate for the event.

City Pays POOF Pays Total
Flooring Rental $118,548 $118,548
Security,
Food/Beverage,
Stage/Lighting,
Additional Floor
Seating, Sound System
$411,826 $411,826
Total Costs $118,548 $411,826 $530,374
POOF has estimated the event will generate $775,950 of revenue. Under normal circumstances, the City would collect a fee of $9,005 for rental of the stadium. However, in lieu of the normal rental fee, the City and POOF have agreed to a formula of cost recovery for the event, as outlined in the table below.

Scenario
Ratio of Event
Revenue to Total
Costs
City Cost Recovery
1 0%-25% Maximum of $13,259 (10% of revenue)
2 26%-50% Maximum of $53,037 (20% of revenue)
3 51%-75%
Maximum of $118,548 (City’s portion of total costs) + $786 (a portion of the stadium rental fee), based upon 30% of event revenue
4 76%-100%
Maximum of $118,548 (City’s portion of total costs) + $9,005 (entire stadium rental fee), based on maximum City out-of-pocket costs
If the revenue exceeds total costs, the City will receive the maximum cost recovery and stadium rental fee outlined in Scenario 4 in the table above, plus 20% of revenue in excess of Total Costs.

Example #1
If the event only generates $132,594 of revenue (25% of total costs), the City will only receive $13,259 (10% of the revenue) to offset its costs. This would result in a net loss of $105,289 ($13,259 revenue, less $118,548 cost).

Example #2
If the event generates $530,374 of revenue (100% of total costs), the City will receive reimbursement for the $118,548 of flooring and the $9,005 stadium rental fee that would have normally been charged.

City Council 12 – 3 9/17/2024
Event Production Agreement with POOF
And Purchase Order Contract with Sunbelt Rentals Inc.

September 17, 2024

Page 4 ends

Example #3
If the event generates $775,950 of revenue, as estimated by POOF, the City will receive the same $118,548 cost recovery and $9,005 stadium rental fee in the previous example, plus $49,115 ($775,950 revenue less $530,374 total costs = $245,576, multiplied by 20%).

Appropriation Adjustment
With approval of the requested appropriation adjustment, a portion of the spendable General Fund balance will be available for spending in the PRCSA, Recreation and Community Services, Contractual-Professional Services expenditure account (01113230- 62300). The spendable portion of the General Fund balance is estimated to be $1,508,397 at June 30, 2025, which is sufficient to allow for the recommended appropriation of $118,548.

As discussed above, the City will recover some unknown portion of this cost. If the event generates revenue as outlined in Example #3 and the City receives revenue exceeding the cost of the event, staff will return to City Council with a proposed appropriation adjustment to enable additional department spending.

EXHIBIT(S)

1. Power of One Foundation Agreement

2. Quote from Sunbelt Rentals for Event Floor Cover
Submitted By: Hawk Scott, Executive Director of Parks, Recreation and Community Services
Approved By: Alvaro Nuñez, City Manager
City Council 12 – 4 9/17/2024
1 AGREEMENT FOR CO-PRESENTATION OF AND REVENUE SHARING FOR

FIESTAS DEL MARIACHI EVENT
THIS AGREEMENT is made and entered into this 17th day of September 2024 (“Effective Date”) by and between Power of One Foundation Inc, a California non-profit public benefit corporation (hereinafter “Foundation”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter “City”).

Foundation and City are also referred to as the Parties or singularly as a Party.

RECITALS
A. City desires to co-present a Fiestas Del Mariachi (“Event”) at the City’s Santa Ana Stadium (“Stadium”). The Event will feature a youth talent showcase and resource fair in the morning and afternoon, and an evening portion of the Event with professional Mariachi bands and performers;
B. The Parties have agreed to share revenue in an effort to ensure reimbursement of all expenditures by the Parties, and to allow the City to determine whether it would like to copresent similar events in the future through a public-private partnership; C. Foundation is a non-profit public benefit corporation whose mission is to provide basic human resources to every person in need of them, regardless of their country of origin, race, gender, or socioeconomic status;
D. The Event supports the Foundation’s Mission by empowering youth and supporting mental health through music; and
E. Foundation has experience in planning and holding large scale community events.

Foundation also represents that any services performed by Foundation under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional non-profit foundation.

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. FOUNDATION OBLIGATIONS
Foundation will provide the necessary planning, management, staffing, and services required to put on the Event (except those items and services specifically excluded below in this Agreement) at Foundation’s expense. The Parties agree that Event will be held on October 13, 2024, but should the need to reschedule the Event occur, the Parties agree to work together to determine a mutually agreeable new date. The planning, management and services required to put on the Event shall include, but are not limited to, the following:

A. Event Permit
Foundation shall submit application for City Special Event Permit (“Permit”) and shall comply with all conditions and requirements set forth in Permit, City special event rules, policies and procedures as Exhibit 1
City Council 12 – 5 9/17/2024
2 provided in advance in writing to the Foundation.

B. Youth Showcase and Resource Fair
Foundation agrees that Youth Showcase and Resource Fair will have free admission for the public.

The Youth Showcase will feature local youth groups. The Resource Fair will feature local non-profits and community organizations.

C. Food and Beverage Vendors
Foundation shall require all food and beverage vendors to obtain all necessary permits and licenses to sell or provide food and/or beverages at the Event, including, but is not limited, to City permits, Orange County Health permits, and regulatory permits as necessary from the Alcoholic Beverages Commission (“ABC”) and any other applicable regulatory agencies. Foundation shall require food and beverage vendors to comply with all applicable laws and regulations regarding food and beverage preparation, handling, and service, and any applicable laws and regulations regarding the disposal of cooking grease.

Foundation shall require that any vendor selling alcoholic beverages have sufficient safeguards in place to protect against sales of alcohol to anyone under the age of twenty-one 21 and utilize an appropriate and reasonable process for checking identification of any person purchasing alcoholic beverages at the Event.

D. Other Vendors (Not Food and Beverage)
Foundation shall require all other vendors to obtain a City permit and City of Santa Ana business license and to comply with all other applicable laws and regulations.

E. Marketing and Advertising of Event
Foundation shall be allowed to list City as Co-Presenter of Event and to utilize City logos and marks for purposes of advertising for the Event. All use of City’s name, logos, trademarks, or similar information shall be pre-approved by City prior to distribution to the public which includes, but is not limited to, press releases regarding the Event, website advertising, email blasts, radio spots, and social media posts.

F. Security
Foundation shall work with SAPD to ensure there is sufficient security to keep order and maintain safety for the Event. To the extent SAPD officers are necessary for the Event, Foundation shall pay those costs. All private security providers and guards will be licensed by the State of California when required by applicable laws and regulations.

G. Mariachi Bands and Performers for Evening Portion of Event Foundation shall secure performance of four (4) to five (5) Mariachi Bands or performers for the evening portion of Event which will require paid admission. Foundation shall provide a stage, professional lighting, and all other necessary elements for the performances. Foundation shall comply with all applicable laws and regulations, including but not limited to, building, electrical, plumbing, and fire codes, in addition to maximum occupancy provisions for the Event. Foundation Exhibit 1
City Council 12 – 6 9/17/2024
3 will advise City of the identity of the bands and performers no later than three (3) weeks prior to the Event. Foundation shall ask all bands and performers that the daytime Event is a family friendly event and ask said bands and performers to select performance material that is family friendly and without profanity.

H. Sponsorships
Foundation will have the ability to solicit Sponsors for the Event subject to discussion and input direction from City and understanding that City is a public entity subject to certain legal and policyrelated restrictions.

I. Restrooms
Foundation shall provide additional restrooms as deemed necessary by City Parks and Recreation staff for the Event; and the costs of such additional restrooms will be added to the overall budget for the Event.

J. First Aid Station(s) or Ambulances
Foundation shall provide a First Aid Station(s) for the Event when deemed necessary by City Parks and Recreation staff; and the costs of such First Aid Station(s) or the ambulance(s) will be paid by Foundation.

K. Trash Clean Up
Foundation is responsible for maintaining litter control and sufficient trash bins during the Event.

Foundation is also responsible for clean-up after the Event and returning the Event location to the same condition that it was in prior to the Event. Foundation will require removal and disposal of grease from cooking booths or booths where food is sold in compliance with applicable laws.

Foundation will use or require vendors or sub-contractors to use, grease barrels where applicable.

Event clean-up shall be completed no later than Monday, October 14, 2024, at 1:00 p.m. Foundation will work diligently to meet Event clean-up deadline.

2. CITY OBLIGATIONS
A. City will provide flooring to cover the Stadium athletic field for the Event and will arrange for installation of flooring at City’s expense. In addition, City agrees to absorb the fees for Permit for Event. City’s financial obligations regarding the Event shall not exceed one hundred and thirty thousand dollars ($130,000.00).

B. City agrees to use City social media, the City’s website, and other city communication mediums to advise the public about the Event. This shall be at City’s sole discretion as to the manner, method and frequency.

3. REVENUE SHARING
A. Foundation will be responsible for the payment of costs associated with the services provided pursuant to this Agreement; including the cost for City services as agreed to by the Parties, such as the presence of Santa Ana Police Department officers, costs of bands and performers, equipment and support personnel (excluding City personnel provided as part of the Eddie Exhibit 1
City Council 12 – 7 9/17/2024
4 West Field Santa Ana Stadium’s facility rental fees), security, set up, clean up, sponsorship acknowledgements, insurance, taxes, fees (except those expressly assumed by City pursuant to this Agreement), and any other costs involved in undertaking the Event.

B. As noted in Section 2 above, the City will procure and install flooring over the Eddie West Field at the Santa Ana Stadium for the Event at City’s cost and will waive Permit fees for Foundation.

C. The Parties agree to a share of the revenue from the Event. The goal of the revenue sharing arrangement is that both Parties recoup their share of all costs paid by each Party or absorbed by the City.
1) For purposes of this Agreement, “Revenue” means total ticket sales for the evening portion of the Event, total fees paid by food, beverage and other Vendors to the Foundation, and total sponsorship fees, excluding any in-kind sponsorship, paid to Foundation for the evening portion of the Event.
2) The Parties agree to share Revenue from the Event as follows:

Table 1-Phased Approach to Expenditure Recovery
For clarity purposes, the following table includes the cost estimate, (but does not include the any additional restrooms, security, first aid stations and on-site ambulances costs that may be requested by the City and will need to be added to the overall cost estimate), for the Event:

City Pays/Absorbs Foundation Pays Total
Flooring Rental $118,548 $118,548
Absorption of Eddie
West Field at the Santa
Ana Stadium Rental
Fee
$9,005
Security,
Food/Beverage,
Stage/Lighting,
Additional Floor
Seating, Sound System
$411,826 $411,826
Total Costs $127,553 $411,826 $530,374
Foundation has estimated that the Event will generate approximately $775,950 of Revenue. Under normal circumstances, the City would collect a fee of $9,005 for the rental fee for the Eddie West Field at the Santa Ana Stadium. However, in lieu of the normal rental fee, the City and Foundation have agreed to the following formula for cost recovery for the Event, as outlined in the table below:

Milestone Ratio of Revenue to Total
Costs
City Cost Recovery at each Milestone
1 0%-%25 Maximum of $13,259 (10% of revenue)
2 26%-50% Maximum of $53,037 (20% of revenue)
3 51%-75% Maximum of $118,548 (City’s portion of total
costs) + $786 (a portion of the stadium rental
fee)
4 76%-100% Maximum of $118,548 (City’s portion of total Exhibit 1
City Council 12 – 8 9/17/2024
5 costs) + $9,005 (entire stadium rental fee)
If the Revenue exceeds total costs, the City will receive the maximum cost recovery and stadium rental fee outlined in Milestone 4 in the table above, plus twenty percent (20%) of Revenue in excess of Total Costs.

Example #1
If the event only generates $132,594 of Revenue (25% of total costs), the City will only receive $13,259 (10% of the Revenue) to offset its costs. This would result in a net loss of $105,289 ($13,259 Revenue, less $118,548 cost).

Example #2
If the event generates $530,374 of Revenue (100% of total costs), the City will receive reimbursement for the $118,548 of flooring and the $9,005 Eddie West Field at the Santa Ana Stadium Rental Fee that would have normally been charged.

Example #3
If the event generates $775,950 of Revenue, as estimated by the Foundation , the City will receive the same $118,548 cost recovery and $9,005 Eddie West Field at the Santa Ana Stadium Rental Fee in the previous example, plus $49,115 ($775,950 Revenue, less $530,374 total costs, multiplied by 20%).

Appropriation Adjustment
City staff requests an appropriation adjustment of $118,548 for the cost of flooring rental from the City’s General Fund balance available for spending (currently estimated at $1,508,397). As discussed above, the City will recover some portion of this cost. If the Event generates Revenue as outlined in Example #3 and the City receives an additional $49,115 of Revenue, the City staff will return to City Council with a proposed appropriation adjustment to enable additional department spending.

Table 2-Proposed Revenue Sharing Arrangement Between Foundation and City Milestone Cost Recovery (%) Foundation City City Projected Revenue After Expenditures
5 100%+ 80% 20% If all Milestones are met, the City anticipates a minimum revenue of $47,314
3) Foundation shall provide to City in writing an accounting of all Revenue collected from the Event and expenditures made by Foundation for the Event within thirty (30) days of the Event.
4) City will have thirty (30) days to review the accounting and if the City deems necessary, within the thirty (30) days to notify Foundation in writing an audit of the accounting by a third party certified public account (“CPA”) of City’s choosing and at City’s expense. If the City’s thirty (30) days to review the accounting elapses with no action by the City or City does not request an audit within those thirty (30) days or City notifies Foundation at any time during City’s thirty (30) day review period that it will not be seeking an audit, Foundation shall pay City its share of the Revenue within fourteen (14) days thereafter. 5) If City deems an audit is necessary, the audit will be done and the results Exhibit 1
City Council 12 – 9 9/17/2024
6 communicated to Foundation in writing within ninety (90) days of the City’s notice that it deems an audit necessary. Foundation shall provide access to all records of all Revenue collected from the Event, expenditures made by Foundation for the Event, and all records regarding the Event deemed necessary by the City’s third party CPA for purposes of the audit.
6) If the City determines that a third party audit is required, the Foundation will issue payment of the City’s portion of the revenue within thirty (30) days of the determination of City’s third party CPA.

D. This Section shall survive expiration of the Agreement.

4. ACCESS TO EVENT BY CITY STAFF
City staff designated by the City’s Parks, Recreation and Community Services Agency and/or the City Manager’s Office wearing City identification will have access to the Event. For clarity, Foundation will provide City with one lounge seating area which encompasses seating for only 12 people.

5. TERM
This Agreement shall commence on the Effective Date and terminate on January 15, 2025 (“Term”), unless terminated earlier in accordance with Section 13, below.

6. INDEPENDENT CONTRACTOR
Foundation, its agents, officials, Board of Directors and staff shall, during the entire Term of this Agreement, be construed to be independent contractors and not employees 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 Foundation performs the services which are the subject matter of this Agreement; however, the services to be provided by Foundation shall be provided in a manner consistent with all applicable standards and regulations governing such services. Foundation shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and limited license for City to copy or use, to the extent owned by Foundation, or allowed for limited use for the Event pursuant to a contract with the performer(s), any copyrights, designs, and other intellectual property embodied in the marketing materials, which are prepared or caused to be prepared by Foundation for the Event under this Agreement (“Documents”). Provided, however, that any marketing material prepared for or by Foundation shall remain the sole and exclusive property of Foundation; and except as set forth herein, City shall have no right to copy, use, modify, reuse or sublicense any and all such items other than in connection with the Event. The Foundation may not use any drawings or artwork that identifies the City of Santa Ana or uses the City seal for any use other than for the Event without written authorization. For avoidance of doubt, all marketing materials, plans, specifications, studies, drawings, artwork, and any other documents or works of authorship is owned by the Foundation or the specific group of performers and Foundation has limited right to use such works.

Exhibit 1
City Council 12 – 10 9/17/2024
7 7. INSURANCE
Foundation shall procure and maintain for the duration of the Agreement insurance against third party claims for injuries to persons or damages to City property (“Claims”) which may arise from or in connection with products and materials supplied to City. Total cost of such insurance shall be borne by Foundation. The minimum scope and limits required are as follows:

A. Commercial General Liability: coverage shall be at least as broad as Insurance Services Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate.

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

C. The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the City including materials, parts, equipment, and personnel furnished in connection with such work or operations.

2. If allowed by Foundation’s insurance company, insurance company agrees to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Foundation for City.

3. For any Claims related to this Agreement, Foundation’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. If allowed by Foundation’s insurance company, a severability of interest provision must apply for all the additional insureds, ensuring that Foundation’s insurance shall apply separately to each insured against whom a Claim is made or suit is brought, except with respect to the insured’s limits of liability.

5. Foundation shall ensure that the insurance policy required herein 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.

Foundation agrees to provide the City with ten (10) days prior written for any policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, CA 92701.

D. Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.

Exhibit 1
City Council 12 – 11 9/17/2024
8 E. Foundation shall furnish City with Certificates of Insurance, copies of the insurance policies including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause).

F. To the extent applicable, and after discussion with City and potential subcontractor(s), Foundation shall require such applicable sub-contractors to comply with all of the provisions in this Agreement regarding Insurance.

8. INDEMNIFICATION
Foundation agrees to defend and indemnify City, City officials, officers, agents, employees, assigns and successors in interest, from and against any and all third party claims, lawsuits, causes of action, losses, demands expenses, including but not limited to, reasonable attorney’s fees, costs of litigation, and damages of any kind for death or injury of any kind, including Foundation’s employees, agents, officials, and volunteers, or damage or destruction of any property of Foundation, vendors, subcontractors, arising from the negligent acts, omissions or willful misconduct resulting from the Event. This provision does not include the negligence, omissions or willful misconduct of the City, City officials, officers, agents, employees, volunteers, assigns, and/or successors in interest. The provision of this Section survive cancellation or expiration of this Agreement.

9. CONFIDENTIALITY
If either Party receives from the other information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, receiving Party 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 disclosing Party where it is disclosed in a publicly available source; (c) is in rightful possession of the disclosing Party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Party without reference to information disclosed by the other Party. The provision of this Section survive cancellation or expiration of this Agreement.

10. 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: City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Exhibit 1
City Council 12 – 12 9/17/2024
9 Fax 714- 647-6956
With courtesy copies to:

Executive Director –Parks, Recreation and Community Services Agency City of Santa Ana
20 Civic Center Plaza (M-75)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 571-4221
And
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
Fax 714- 647-6515
To Foundation:

Power of One Foundation
Attention: Andre Roberson, Executive Director
918 North Cleveland Street
Orange, California 92867
Email: [email protected]
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.

11. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Foundation, 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 Foundation. 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 Foundation 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 Exhibit 1
City Council 12 – 13 9/17/2024
10 Party, which are not embodied herein.

12. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Foundation, Foundation 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 Foundations retained by City at its cost and expense.

13. TERMINATION
A. Without Cause Termination. This Agreement may not be terminated without cause unless it is by mutual agreement in writing of both City and Foundation.

B. With Cause Termination. This Agreement may be terminated with cause by either City or Foundation with no less than fourteen (14) days’ written notice to the other Party. “Cause” shall mean:
1) Either Party’s material breach of its obligations under this Agreement; or 2) Either Party’s filing for bankruptcy protection.

C. To the extent possible, Foundation and City agree to use best efforts to resolve any issues or concerns that develop and to resolve them to the mutual satisfaction of Foundation and City. Each Party recognizes that the other will have a substantial investment of time and money in performing this Agreement.

15. COMPLIANCE WITH ALL LAWS
The Parties shall comply with all applicable federal, state, and local laws and regulations including but not limited to the American with Disabilities Act.

16. DISCRIMINATION
Foundation shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, military service or veteran’s status or any other grounds prohibited by state or federal law. Foundation affirms 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. PROFESSIONAL LICENSES
Exhibit 1
City Council 12 – 14 9/17/2024
11 A. Foundation shall, throughout the term of this Agreement, maintain all 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. Foundation shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. For purposes of this Section, email communication to the City is sufficient notice for such inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions.

B. Foundation shall require that all vendors and/or sub-contractors obtain all necessary licenses, permits, approval, waivers and exemptions necessary for the provision of any contracted 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.

19. 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. This Agreement may be signed in counter parts with each counter part being assembled to create a fully executed Agreement. This Agreement may be signed electronically by any means mutually agreed upon by the Parties and upon sufficient evidence to demonstrate the validity of each signature.

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

CITY OF SANTA ANA
_________________________
Alvaro Nuñez
City Manager
ATTEST:
________________________
Jennifer L. Hall
City Clerk
Signatures continue on the next page
Exhibit 1
City Council 12 – 15 9/17/2024
12 POWER OF ONE FOUNDATION, INC.

BY: __________________________
Andre Roberson
Executive Director
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: _____________________
Laura A. Rossini
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
__________________________
Hawk Scott
Executive Director
Parks, Recreation & Community
Services Agency
Exhibit 1
City Council 12 – 16 9/17/2024
PC#:

IF THE EQUIPMENT DOES NOT WORK

PROPERLY, NOTIFY THE OFFICE AT ONCE

MULTIPLE SHIFTS OR

OVERTIME RATES MAY APPLY

CUSTOMER IS RESPONSIBLE FOR

REFUELING, DAMAGES AND REPAIRS
******************************************************************************** ******************************** *
*
*
Customer is declining Rental Protection Plan (see reverse side for details) ______ (Customer Initials) Customer Signature Date Name Printed Delivered By Date

1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.

2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the Equipment.

3. Customer is responsible for and shall only permit properly trained, Authorized Individuals to use the Equipment.

4. If the Equipment does not operate properly, is not suitable for Customer's intended use, does not have operating and safety instructions or Customer has any questions regarding use of the Equipment, Customer shall not use the Equipment and shall contact Sunbelt immediately.

5. Equipment misuse or using damaged or malfunctioning Equipment may result in serious bodily injury or death and Customer agrees that Customer (i) assumes all risk associated thereunder, and (ii) indemnifies Sunbelt Entities for all claims or damages as a result of misuse or use of damaged or malfunctioning Equipment.

6. Customer has received, read, understands and agrees to the estimated charges and all the terms on this page, plus all sections on the reverse side of this Contract ("Sections"), including Release and Indemnification in Section 8 and Environmental Fee in Section 16, which can also be found at www.sunbeltrentals.com/rentalcontract. *Delivery/Pickup Surcharge fee explanation is available at www.sunbeltrentals.com/surcharge.

7. Customer must contact Sunbelt to request pickup of Equipment, retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actuallyretrieved by Sunbelt.

8. Customer waives its right to a jury trial in any dispute as set forth in Section 19.

9. At the election of Sunbelt or Customer, Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.

PDFWS6 (Rev 02/28/22)
QUOTE
SUNBELT RENTALS, INC.
www.sunbeltrentals.com

Page 1 of 2 ends

1652
4000 SACO RD
BAKERSFIELD, CA 93308 9724
661-392-8802
Salesman: 065205 MCAULIFFE, KEVIN (65
Typed By: KMCAULIFFE
Job Site:

EDDIE WEST FIELD
602 N FLOWER ST
SANTA ANA, CA 92703 2359
C#: 714-647-5400 J#: 714-571-4204
For operations in California: Customer is renting equipment registered under the California Air Resources Board (CARB) Portable Equipment Registration Program (PERP). The operator of the Equipment is subject to the requirements of the PERP regulation and local Air Pollution Control District rules. Under the PERP Regulation, the renter is required to keep a copy of the rental agreement and CARB registration certificate, including operating conditions and notification requirements, with the Equipment at all times. Customer must also complete the log provided with the Equipment as required by PERP and return the log with the Equipment (see www.arb.ca.gov/portable/portable.htm). By signing this Contract, the renter acknowledges receipt of these documents.

Customer: 791123

CITY OF SANTA ANA
20 CIVIC CENTER PLAZA
PURCHASING DIVISION M-16
SANTA ANA, CA 92701
Contract #.. 151691461
Contract dt. 3/15/24
Date out.... 10/11/24 11:00 PM
Est return.. 10/13/24 9:00 PM
Job Loc..... 602 N FLOWER ST, SANTA ANA
Job No...... 1 - EDDIE WEST FIELD
P.O. #...... TBD
Ordered By.. SCOTT, HAWK
NET 30
QTY EQUIPMENT # Min Day Week 4 Week Amount
5880.00 MATRAX HD DRIVABLE TRANS 10.80 10.80 10.80 10.80 63504.00 5880 MATS
= 79,380 SQ FT
= 98 PALLETS
= 7 TRUCKS (EACH WAY)
** NON PROFIT DISCOUNT APPLIED**
100.00 MATRAX TOP ADA RAMP 5.00 5.00 5.00 5.00 500.00
100.00 MATRAX BOTTOM ADA RAMP 5.00 5.00 5.00 5.00 500.00

8.00 MATRAX T-BAR INSTALLATION TOOL N/C
SALES ITEMS:

Qty Item number Unit Price
1 CAHERS1 EA 483.780 483.78
CA .75% HEAVY EQUIP. RENTAL TAX
1 MATINSTALL EA 15500.000 15500.00

MATTING INSTALLATION SERVICES

JOBSITE FORMAN & GENERAL LABOR
1-DAY UNLOAD TRUCKS - STAGE EQUIPMENT
2-DAYS INSTALL
1 MATREMOVE EA 15500.000 15500.00

MATTING REMOVEL SERVICES

JOBSITE FORMAN & GENERAL LABOR
2-DAY REMOVAL
1-DAY STAGE MATS - LOAD TRUCKS
City Council 12 – 17 9/17/2024
PC#:

IF THE EQUIPMENT DOES NOT WORK

PROPERLY, NOTIFY THE OFFICE AT ONCE

MULTIPLE SHIFTS OR

OVERTIME RATES MAY APPLY

CUSTOMER IS RESPONSIBLE FOR

1. The total charges are an estimate based on the estimated rental period and other information provided by Customer.

2. Customer assumes all risks associated with the Equipment during the Rental Period, including injury and damage to persons, property and the Equipment.

3. Customer is responsible for and shall only permit properly trained, Authorized Individuals to use the Equipment.

7. Customer must contact Sunbelt to request pickup of Equipment, retain the Pick-Up Number given by Sunbelt and will be responsible for Equipment until actuallyretrieved by Sunbelt.

8. Customer waives its right to a jury trial in any dispute as set forth in Section 19.

9. At the election of Sunbelt or Customer, Customer agrees to submit every dispute to arbitration and waives any right to bring a class action as set forth in Section 20.

PDFWS6 (Rev 02/28/22)
QUOTE
SUNBELT RENTALS, INC.
www.sunbeltrentals.com

Page 2 of 2 ends

1652
4000 SACO RD
BAKERSFIELD, CA 93308 9724
661-392-8802
Salesman: 065205 MCAULIFFE, KEVIN (65
Typed By: KMCAULIFFE
Job Site:

Customer: 791123

Qty Item number Unit Price
14 MOBILIZATION EA 1182.000 16548.00
2114XXX000 EQUIP MOVEMENT MOBILIZATION
Sub-total: 112535.78
Tax: 6011.37
Total: 118547.15
All amounts are in USD
City Council 12 – 18 9/17/2024

SUNBELT RENTALS TERMS AND CONDITIONS
1) DEFINITIONS. “Authorized Individuals” are those individuals that Customer directly or indirectly allows to use the Equipment, who must be properly trained to use the Equipment, at least 18 years old or the legal age of majority in the state, whichever is greater and are not under the influence of any drugs, alcohol, substances or otherwise impaired. “Customer” is identified earlier and includes any of your representatives, agents, officers, employees or anyone signing this Contract on your behalf. “Environmental Services Charge” is the charge described in Section 17. “Equipment” is the equipment and/or services identified on the other pages provided, together with all replacements, repairs, additions, attachments and accessories and all future Equipment rented. “Incident” is any fine, citation, theft, accident, casualty, loss, vandalism, injury, death or damage to person or property, claimed by any person or entity that appears to have occurred in connection with the Equipment. “Lost” means the Equipment is either stolen, its location is unknown, or Customer is unable to recover it for a period of 30 days. “FMV” is the Equipment’s fair market value on or about the date of the Incident relating to the Equipment, plus any administrative fees and expenses .“One Shift” means not more than 8 hours per day, 40 hours per week and 160 hours every 4-week period, provided that double shift will be 150% and triple shift will be 200% of the rental charge on Equipment with hour meters. Ordinary Wear and Tear” means normal deterioration considered reasonable in the equipment rental industry for One Shift use. “Party” means Sunbelt or Customer and together both are the “Parties”. “Pick-Up Number” is the number Customer obtains from Sunbelt evidencing the Customer’s call to pick up Equipment. “Rental Period” commences when the Equipment is delivered to Customer or the Site Address and continues until the Equipment is returned to the Store or picked up by Sunbelt during normal business hours, provided Customer has otherwise complied with this Contract. “RPP” is the rental protection plan described in Section 10. “Site Address” is the location that Customer represents the Equipment will be located during the Rental Period identified earlier. “Store” is the Sunbelt location identified earlier. “Sunbelt” is Sunbelt and its affiliated companies, their respective officers, directors, employees and agents. “Telematics Data” is data collected within the Equipment or via software relating to the Equipment, its performance, location, or operators. Transportation Surcharge” is a charge intended to defray a wide range of transportation expenses (both direct and indirect), which are not always fully recovered by other transportation charges. 2) TERMS. Customer’s execution of this Contract or taking possession of the Equipment (whichever occurs first) shall be deemed acceptance of the terms herein for this and all past and future contracts between Sunbelt and Customer upon Customer’s receipt of Sunbelt’s Equipment under those contracts. Customer rents the Equipment from Sunbelt pursuant to this Contract, which is a true lease. The Equipment (a) is and shall remain the personal property of Sunbelt and (b) shall not be affixed to any other property. Customer shall not pledge or encumber the Equipment in any manner.
3) PERMITTED USE. Customer agrees and warrants that (a) Sunbelt has no control over the manner in which the Equipment is operated during the Rental Period by Customer or any third party that Customer implicitly or explicitly permits, (b) prior to each use and its return to Sunbelt, Customer shall inspect the Equipment to confirm that the Equipment is in good condition, without defects, readable decals are on the Equipment, and the Equipment is suitable for Customer’s intended use; (c) Customer has access to and reviews the operating and safety instructions and will operate the Equipment in accordance with the manufacturer’s instructions and with applicable safety equipment; (d) any apparent agent at the Site Address is authorized to accept delivery of the Equipment (and if Customer requests, Customer authorizes Sunbelt to leave the Equipment at the Site Address without requirement of written receipt); (e) Customer shall immediately stop use and notify Sunbelt if the Equipment is damaged, unsafe, disabled, malfunctioning, warning lights come on, levied upon, threatened with seizure, Lost, or if any Incident occurs; (f) Customer has received from Sunbelt all information needed or requested regarding the operation of the Equipment; (g) Sunbelt is not responsible for providing operator or other training unless Customer specifically requests in writing and Sunbelt agrees to provide such training (Customer being responsible to obtain all training that Customer desires prior to the Equipment’s use); (h) Sunbelt is not responsible for Customer’s obligation to provide reasonable accommodation(s) to any (disabled) Authorized Individual(s); (i) only Authorized Individuals shall use and operate the Equipment, however Customer is responsible for the Equipment and its use during the Rental Period regardless of the user; (j) the Equipment shall be used and maintained in a careful manner, within the Equipment’s capacity and in compliance with all applicable laws, regulations, as well as all operating and safety instructions provided on, in or with the Equipment and all applicable federal, state and local laws, permits and licenses, including but not limited to, OSHA and ADA, as revised; (k) the Equipment shall be kept in a secure location; and (l) Customer shall provide Sunbelt with accurate and complete information, which Sunbelt relies upon to provide the appropriate Equipment to Customer. 4) PROHIBITED USE. Customer shall not (a) alter or cover up any decals or insignia on the Equipment, remove any operating or safety equipment or instructions or alter or tamper with the Equipment; (b) assign its rights under this Contract; (c) move the Equipment from the Site Address without Sunbelt’s written consent; (d) use the Equipment in a negligent, illegal, unauthorized or abusive manner; or (e) publicize use of the Equipment in any manner (including, without limitation, print, audiovisual or electronic); or (f) allow the use of the Equipment by anyone other than Authorized Individuals (Customer acknowledging that the Equipment may be dangerous if used improperly or by untrained parties). 5) MAINTENANCE. Customer shall perform routine maintenance on the Equipment, including routine inspections and maintenance of fuel and oil levels, grease, cooling and fluid systems, batteries, tires/tracks cutting edges, and cleaning in accordance with the manufacturer’s specifications, as applicable. All other maintenance or repairs may only be performed by Sunbelt or its agents, but Sunbelt has no responsibility during the Rental Period to inspect or perform any maintenance or repairs unless Customer requests a service call. If Sunbelt determines that repairs to the Equipment are needed, other than Ordinary Wear and Tear, Customer shall pay the full repair charges, additional fees, if any, and rental of the Equipment until the repairs are completed. If Equipment is stolen or damaged in excess of 40% of the Equipment’s FMV, Customer will be responsible for the FMV of the Equipment, including sales tax, as applicable. Sunbelt has the right to inspect the Equipment wherever located. Customer has the authority to and hereby grants Sunbelt and its agents the right to enter the physical location of the Equipment for the purposes set forth herein. Sunbelt shall be responsible for repairs needed because of Ordinary Wear and Tear. Customer agrees that repair or replacement of the Equipment is Customer’s exclusive remedy for Sunbelt’s breach of this Section. Notwithstanding Sunbelt’s service commitment, if Customer breaches this Contract, Sunbelt shall have no obligation to stop the Rental Period, commence repairs or rent other equipment to Customer until Customer or its agent agrees to pay for such charges.
6) CUSTOMER LIABILITY. DURING THE RENTAL PERIOD, CUSTOMER ASSUMES ALL RISK ASSOCIATED WITH THE

POSSESSION, CONTROL OR USE OF THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, RENTAL

CHARGES, THEFT, LOSSES, DAMAGES AND DESTRUCTION, INCLUDING CUSTOMER TRANSPORTATION, LOADING AND UNLOADING, WHETHER OR NOT THE CUSTOMER IS AT FAULT. After an Incident, Customer shall (a) immediately notify Sunbelt, the police, if necessary, and Customer’s insurance carriers; (b) secure and maintain the Equipment and the surrounding premises in the condition existing at the time of such Incident, until Sunbelt or its agents investigate; (c) immediately submit copies of all police or other third party reports to Sunbelt; and (d) as applicable, pay Sunbelt, in addition to other sums due herein, the rental rate for Equipment until the repairs are completed or Equipment replaced plus either (i) the FMV or (ii) the full charges of recovery and repairs of damaged Equipment. Accrued rental charges shall not be applied against these amounts.

Sunbelt shall have the immediate right, but not obligation, to reclaim any Equipment involved in any Incident. 7) NO WARRANTIES. SUNBELT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH

RESPECT TO THE EQUIPMENT, ITS DURABILITY, CONDITION, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. CUSTOMER ACKNOWLEDGES ACCEPTANCE OF THE EQUIPMENT ON AN “AS IS, WHERE IS” BASIS, WITH “ALL FAULTS” AND WITHOUT ANY RECOURSE WHATSOEVER AGAINST SUNBELT ENTITIES. CUSTOMER ASSUMES ALL RISKS ASSOCIATED

WITH THE EQUIPMENT AND RELEASES SUNBELT ENTITIES FROM ALL LIABILITIES AND DAMAGES (INCLUDING LOST PROFITS,

PERSONAL INJURY, AND SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES) IN ANY WAY CONNECTED WITH THE EQUIPMENT, ITS INSTALLATION, OPERATION OR USE OR ANY DEFECT OR FAILURE THEREOF, A BREACH OF SUNBELT’S OBLIGATIONS HEREIN OR ERRORS OR INACCURACIES IN INFORMATION OBTAINED FROM CUSTOMER OR THIRD PARTIES, UPON WHICH SUNBELT RELIES; PROVIDED HOWEVER, IF CUSTOMER IS A CONSUMER UNDER APPLICABLE LAW, THEN NO CONSEQUENTIAL DAMAGES LIMITIATION OF INJURIES TO PERSONS SHALL APPLY. 8) RELEASE AND INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER INDEMNIFIES, RELEASES, HOLDS SUNBELT ENTITIES HARMLESS AND AT SUNBELT’S REQUEST, DEFENDS SUNBELT ENTITIES (WITH COUNSEL

APPROVED BY SUNBELT), FROM AND AGAINST ALL LIABILITIES, CLAIMS, LOSSES, DAMAGES, AND EXPENSES (INCLUDING ATTORNEY’S AND/OR LEGAL FEES AND EXPENSES) HOWEVER ARISING OR INCURRED, RELATED TO ANY INCIDENT, DAMAGE TO

PROPERTY, INJURY OR DEATH OF ANY PERSON, CONTAMINATION OR ALLEGED CONTAMINATION, OR VIOLATION OF LAW OR REGULATION CAUSED BY OR CONNECTED WITH THE (a) ACCESS, USE, POSSESSION OR CONTROL OF THE EQUIPMENT BY

CUSTOMER OR ANY THIRD PARTY THAT CUSTOMER IMPLICITLY OR EXPLICITLY PERMITS TO ACCESS, USE, POSSESS OR CONTROL THE EQUIPMENT DURING THE RENTAL PERIOD OR (b) BREACH OF THIS CONTRACT, WHETHER OR NOT CAUSED IN PART BY THE

ACTIVE OR PASSIVE NEGLIGENCE OR OTHER FAULT OF ANY PARTY INDEMNIFIED HEREIN AND ANY OF THE FOREGOING ARISING OR IMPOSED IN ACCORDANCE WITH THE DOCTRINE OF STRICT OR ABSOLUTE LIABILITY. CUSTOMER ALSO AGREES TO WAIVE ITS WORKERS’ COMPENSATION IMMUNITY, TO THE EXTENT APPLICABLE. CUSTOMER’S INDEMNITY OBLIGATIONS SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT. All of Customer’s indemnification obligations under this paragraph shall be joint and several. 9) INSURANCE. During the Rental Period, Customer shall maintain, at its own expense, the following minimum insurance coverage:
(a) for Customers using Equipment for non personal use, general liability insurance of not less than $1,000,000 per occurrence, including coverage for Customer’s contractual liabilities herein such as the release and indemnification clause contained in Section 8; (b) for Customers using Equipment for non personal use, property insurance against loss by all risks to the Equipment, in an amount at least equal to the FMV thereof, unless RPP is elected at the time of rental and paid for prior to any Incident; (c) worker’s compensation insurance as required by law; and (d) automobile liability insurance (including comprehensive and collision coverage, and uninsured/underinsured motorist coverage), in the same amounts set forth in subsections (a) and (b), if the Equipment is to be used on any roadway. Such policies shall be primary, non-contributory, on an occurrence basis, contain a waiver of subrogation, name Sunbelt and its agents as an additional insured (including an additional insured endorsement) and loss payee, and provide for Sunbelt to receive at least 30 days prior written notice of any cancellation or material change. Any insurance that excludes boom damage or overturns is a breach. Customer shall provide Sunbelt with certificates of insurance to [email protected] evidencing the coverages required above prior to any rental and any time upon Sunbelt’s request. To the extent Sunbelt Entities carry any insurance, Sunbelt Entities’ insurance will be considered excess insurance. The insurance required herein does not relieve Customer of its responsibilities, indemnification, or other obligations provided herein, or for which Customer may be liable by law or otherwise. 10) RENTAL PROTECTION PLAN. Customer’s repair or replacement responsibility in Sections 5 and 6 of this Contract is modified by the RPP, if offered on the Equipment, and Sunbelt shall limit the amount Sunbelt collects from Customer for the Equipment loss, damage or destruction to the following amounts for each piece of Equipment, per each occurrence: (a) 10% of the FMV for Lost Equipment, up to a maximum of $500 per piece of Equipment; (b) 10% of the repair charges for incidental or accidental damage to Equipment, up to a maximum of $500 per piece of Equipment; (c) charges in excess of $50 per tire for tire repairs; and (d) nothing for the rental charges which would otherwise accrue during the period when damaged or destroyed Equipment is being repaired or replaced by Sunbelt or Lost Equipment is being replaced; provided however, the foregoing RPP liability reduction only applies if the Conditions (defined below) are satisfied and an Exclusion (defined below) does not apply. The RPP is NOT INSURANCE and does NOT protect Customer from liability to Sunbelt or others arising out of possession, control or use of the Equipment, including injury or damage to persons or property. THE RPP IS A CONTRACTUAL MODIFICATION OF CUSTOMER’S LIABILITY. All of the following “Conditions” must be satisfied for the RPP and the corresponding liability reduction to apply: (i) Customer accepts the RPP in advance of the rental; (ii) Customer pays 15% of the gross rental charges as the fee for the RPP (plus applicable taxes); (iii) Customer fully complies with the terms of this Contract; (iv) Customer’s account is current at the time of the loss, theft, damage or destruction of the Equipment; and (v) none of the Exclusions apply. Customer assumes the Exclusion risks, meaning that if any Exclusion occurs, the RPP does NOT reduce the liability of Customer to Sunbelt for the loss, theft, damage or destruction resulting from such Exclusion. “Exclusions” shall mean loss, theft, damage or destruction of the Equipment: (A) due to intentional misuse; (B) caused by Lost Equipment not reported by Customer to the police within 48 hours of discovery, and substantiated by a written police report (promptly delivered to Sunbelt); (C) due to floods, water level changes, wind, storms, earthquakes or Acts of God; and (D) accessories or Equipment for which Customer is not charged the RPP fee. THE EXCLUSIONS REMAIN THE LIABILITY OF CUSTOMER AND ARE NOT MODIFIED BY THE RPP. RPP IS REFLECTED ON THIS CONTRACT AS PART OF CUSTOMER’S ESTIMATED

CHARGES UNLESS CUSTOMER HAS ELECTED TO DECLINE RPP IN WRITING, FAILS TO PAY THE RPP FEE OR MADE OTHER CONTRACTUAL ARRANGEMENTS WITH SUNBELT. Notwithstanding anything to the contrary in this Contract, if Lost Equipment is later recovered, Sunbelt retains ownership of the Equipment regardless of any payments made by Customer or Customer’s insurance company with respect to such Equipment, all of which payments are non-refundable. Customer agrees to promptly return any Equipment that is recovered. Sunbelt shall be subrogated to Customer’s rights to recover against any person or entity relating to any loss, theft, damage or destruction to the Equipment. Customer shall cooperate with, assign Sunbelt all claims and proceeds arising from such loss, theft, damage or destruction, execute and deliver to Sunbelt whatever documents are required and take all other necessary steps to secure in Sunbelt such rights, at Customer’s expense. 11) RENTAL RATES. The total charges specified in this Contract are: (a) estimated based upon Customer’s representation of the estimated Rental Period identified herein (rental rates beyond the estimated Rental Period may change) and other information conveyed by Customer to Sunbelt; and (b) for the Equipment’s use for One Shift, unless otherwise noted. Weekly and 4 week rental rates shall not be prorated. Rental charges accrue during Saturdays, Sundays and holidays. The rental rates do not include and Customer is responsible for, (i) all consumables, fees, licenses, present and future taxes and any other governmental charges based on Customer’s possession and/or use of the Equipment, including additional fees for more than One Shift use; (ii) delivery and pickup charges to and from the Store, including but not limited to any freight, transportation, delivery, pickup and surcharge fees listed in this Contract; (iii) maintenance, repairs and replacements to the Equipment as provided herein; (iv) a cleaning fee if required; (v) miscellaneous charges, such as fees for lost keys, RPP, costs to recover Equipment, emergency mobilization or store opening; (vi) fuel used during the Rental Period and for refueling Equipment as described below; (vii) fines for use of dyed diesel fuel in on-road Equipment; and (viii) an Environmental Services Charge (see www.sunbeltrentals.com/environmentalfee) and (ix) Transportation Surcharge (see www.sunbeltrentals.com/surcharge). The convenience charge for off road diesel fuel does not include governmental motor fuel taxes or charges.

Sunbelt collects these fees as revenue and uses them at its discretion. 12) PAYMENT. Customer shall pay for the rental of Equipment, sale of Equipment, materials and all other items and services identified in this Contract and all other amounts due, without any offsets, in full, in advance at the time of rental, unless Sunbelt approves Customer’s executed commercial credit application. Commercial customers who are approved for Sunbelt’s extended payment terms must pay, in arrears, upon receipt of Sunbelt’s invoice, either by cash, check or ACH. Customer must notify Sunbelt in writing of any disputed amounts, including credit card charges, within 15 days after the receipt of the invoice/contract or Customer shall be deemed to have irrevocably waived its right to dispute such amounts. At Sunbelt’s discretion, any account with a delinquent balance may be placed on a cash basis, deposits may be required and the Equipment may be picked up without notice. Due to the difficulty in fixing actual damages caused by late payment, Customer agrees that a service charge equal to the lesser of 1.5% per month or the maximum rate permitted by law shall be assessed on all delinquent accounts, until paid in full. Customer shall reimburse Sunbelt for all costs incurred in collecting any late payments, including, without limitation, attorneys' fees. Payment of any late charge does not excuse Customer of any default under this Contract. Customer shall pay a fee of $75 for each check returned for lack of sufficient funds to compensate Sunbelt for its overhead for processing missed payment. Deposits will only be returned after all amounts are paid in full. CUSTOMER

AGREES THAT IF A CREDIT OR DEBIT CARD IS PRESENTED TO PAY FOR CHARGES OR TO GUARANTEE PAYMENT, CUSTOMER

AUTHORIZES SUNBELT TO CHARGE THE CREDIT OR DEBIT CARD ALL AMOUNTS SHOWN ON THIS CONTRACT AND CHARGES

SUBSEQUENTLY INCURRED BY CUSTOMER, INCLUDING BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO THE EQUIPMENT AND EXTENSION OF THE RENTAL PERIOD. Effective June 1, 2021 and where permitted by law, Sunbelt may impose a surcharge of 2% (minimum $3) for credit card payments on charge accounts. This surcharge is not greater than Sunbelt's merchant discount rate for credit card transactions and is subject to sales tax in some jurisdictions.
13) RETURN OF EQUIPMENT. Sunbelt may terminate this Contract at any time, for any reason. The Equipment shall be returned to Sunbelt (when needed for inspections, maintenance and at the end of the Rental Period) in the same condition it was received, less Ordinary Wear and Tear and free of any hazardous materials and contaminants. Customer will return the Equipment at the end of the Rental Period, but will continue to be responsible for rental and other charges after the Rental Period if the Equipment is not returned in the condition required herein. If Sunbelt delivered the Equipment to Customer, Customer shall notify Sunbelt that the Equipment is ready to be picked up at the Site Address and obtain a Pick-Up Number, which Pick-Up Number Customer should keep as proof of the call; provided Customer remains liable for any loss, theft, damage to or destruction of the Equipment until Sunbelt confirms that the Equipment is returned in the condition required herein. Customer will not be charged the rental charges after the date the Pick-Up Number is given, provided Customer has otherwise complied with this Contract. No pickups occur on Sundays or statutory holidays and Saturday pickups are dependent on specific Store hours. If Customer picked up Equipment, Customer shall return Equipment to the same Store during that Store’s normal business hours. If the Equipment is not returned by the estimated end of the Rental Period specified earlier, Customer agrees to pay the applicable rental rate for the Equipment until the end of the Rental Period. 14) PURCHASES. If this Contract identifies any Equipment, materials or other items that is to be purchased by Customer, Sunbelt sells and delivers such items to Customer on an “AS IS, WHERE IS” basis, with all faults and without any warranties (other than manufacturer warranties, if any) in consideration for Customer’s payment to Sunbelt of the full purchase price of the item, Sunbelt retains title to the item until Customer has paid in full.
15) DEFAULT. Customer shall be in default if Sunbelt deems itself insecure or if Customer: (a) fails to pay sums when due; (b) breaches any Section of this Contract; (c) becomes a debtor in a bankruptcy proceeding, goes into receivership, takes protection from its creditors under any insolvency legislation, ceases to carry on business, or has its assets seized by any creditor; (d) fails to insure the Equipment as required, or otherwise places the Equipment at risk; (e) fails to return Equipment immediately upon Sunbelt’s demand; or (f) is in default under any other contract with Sunbelt. If a Customer default occurs, Sunbelt shall have, in addition to all rights and remedies at law or in equity, the right to repossess the Equipment without judicial process or prior notice. Customer shall pay all of Sunbelt’s costs, including reasonable costs of collection, court costs, attorneys and legal fees, incurred in exercising any of its rights or remedies herein. Sunbelt shall not be liable due to seizure of Equipment by order of governmental authority. CUSTOMER WAIVES ANY RIGHT OF ACTION AGAINST SUNBELT ENTITIES FOR SUCH REPOSSESSION. 16) CRIMINAL WARNING. The use of false identification to obtain Equipment or the failure to return Equipment by the end of the Rental Period may be considered theft, subject to criminal prosecution and civil liability where permitted, pursuant to applicable laws. 17) ENVIRONMENTAL SERVICES CHARGE. To promote a clean and sustainable environment, Sunbelt takes various measures to comply with applicable environmental regulations, as well as with Sunbelt’s own policies. Sunbelt also incurs a wide range of environmental related expenses (both direct and indirect). These expenses may include services such as waste disposal, construction and maintenance of cleaning facilities, acquisition of more fuel-efficient equipment, as well as, labor costs, administration costs, etc. To help offset these and other costs, Sunbelt assesses an Environmental Services Charge, plus applicable taxes thereon in connection with certain rentals. The Environmental Services Charge is not a tax or governmentally mandated charge and is not designated for any particular use or placed in an escrow account, but is a charge that Sunbelt collects as revenue and uses at its discretion.
18) FUEL. For Equipment that uses fuel, Customer has three options: (a) Prepay Fuel Option - Customer may purchase a full tank of fuel for the Equipment at the start of the rental, in which case a “convenience charge” will appear on this Contract (calculated by multiplying the estimated fuel capacity of Equipment by the Prepay per gallon rate). As an added benefit, Customer may return the Equipment full of fuel and the convenience charge will be refunded (however, if not returned full, Customer will not obtain any credit for fuel left in the Equipment upon return); (b) Pay on Return Option - if Customer returns Equipment with less fuel than when received, Customer shall pay a refueling charge (calculated by multiplying gallons required to refill tank with fuel to level when received, by the Pay on Return per gallon rate); and (c) Return Full Option – if Customer returns the Equipment with at least as much fuel as when it was received (most Sunbelt Equipment comes with a full tank of fuel, but not all), no fuel charge will be assessed. The cost of Customer refueling Equipment itself will generally be lower than the Prepay Fuel Option or the Pay on Return Option; however these options each allow for the convenience of not refueling. Customer agrees that none of these options are a retail sale of fuel. 19) LIMITATION OF SUNBELT’S LIABILITY. IN CONSIDERATION OF THE RENTAL OF EQUIPMENT, CUSTOMER AGREES THAT SUNBELT’S LIABILITY UNDER THIS CONTRACT, INCLUDING ANY LIABILITY ARISING FROM SUNBELT’S, SUNBELT ENTITIES, OR ANY THIRD PARTY’S COMPARATIVE, CONCURRENT, CONTRIBUTORY, PASSIVE OR ACTIVE NEGLIGENCE OR THAT ARISES AS A

RESULT OF ANY STRICT OR ABSOLUTE LIABILITY, SHALL NOT EXCEED THE TOTAL RENTAL CHARGES PAID BY CUSTOMER UNDER THIS CONTRACT.
20) JURY TRIAL WAIVER. IN ANY DISPUTE ARISING OUT OF, IN CONNECTION WITH, OR IN ANY WAY PERTAINING TO

THIS CONTRACT, CUSTOMER AND SUNBELT HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY, THIS WAIVER BEING A MATERIAL INDUCEMENT TO ENTERING INTO THIS CONTRACT. 21) ARBITRATION AGREEMENT & CLASS ACTION WAIVER. AT THE ELECTION OF CUSTOMER OR SUNBELT, ANY

DISPUTE ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY PERTAINING TO THIS CONTRACT SHALL BE SETTLED BY ARBITRATION BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF IN A PURPORTED CLASS OR

REPRESENTATIVE CAPACITY, ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL

ARBITRATION RULES OR BY JAMS PURSUANT TO ITS STREAMLINED ARBITRATION RULES AND PROCEDURES AND JUDGEMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR TRIED ON A CLASS ACTION BASIS. 22) COMPLIANCE WITH EXPORT AND IMPORT LAWS. Removal of the Equipment from the United States (“U.S.”) is prohibited under this Contract. If Customer desires or causes the transport and/or operation of the Equipment outside of the U.S., Customer must (a) obtain Sunbelt’s consent prior to taking such action, including approval of established customs broker, and (b) execute an amendment to this Contract, which amendment is incorporated herein. If Customer exports or re-exports without complying with the above sentence, Customer agrees that (i) the Equipment is subject to and must comply with all applicable export laws, including but not limited to the Export Administration Regulations; and (ii) Customer, as the exporter/importer of record, is responsible for: (A) determining whether and obtaining if necessary, export or re-export licenses or other authorizations as required prior to exporting or re-exporting the Equipment, (B) obtaining any required documentation necessary for return of the Equipment, and (C) ensuring no unauthorized transfers or diversions of the Equipment occur. Refer to www.bis.doc.gov for information. 23) COLLECTION OF DATA. Customer consents to the collection, use and disclosure of the data and information Customer voluntarily provides to Sunbelt, including personal identifiable information and financial information, as well as the Telematics Data collected from the Equipment, as described in our Privacy Policy found at www.sunbeltrentals.com/privacypolicy. 24) GOVERNING LAW. The Parties expressly and irrevocably agree: (a) this Contract, including any related tort claims, shall be governed by the laws of South Carolina, without regard to any conflicts of law principles and (b) if any Section of this Contract is prohibited by any law, such Section shall be ineffective to the extent of such prohibition without invalidating the remaining Sections. 25) FORCE MAJEURE. Sunbelt shall not be liable or responsible to the Customer, nor be deemed to have defaulted under or breached this Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts beyond Sunbelt’s control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"):
(a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, regulations, shutdowns, or actions; (e) embargoes or blockades in effect on or after the date of this Contract; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other events beyond the control of Sunbelt. 26) MISCELLANEOUS. This Contract, together with any Customer executed commercial credit application, if any, constitutes the entire agreement of the Parties regarding the Equipment and may not be modified except by written amendment signed by the Parties. Any reference in Customer's purchase order or other Customer document to other terms that shall control this transaction shall be void. This Contract benefits solely the Parties and their respective permitted successors and assigns and nothing in this Contract, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Contract. Customer’s obligations hereunder shall survive the termination of this Contract. If any term is invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or invalidate or render unenforceable such term. This Contract and all of Customer’s rights in and to the Equipment are subordinate to all rights, title and interest of all persons (including Sunbelt’s lenders) who have rights in the Equipment. Headings are for convenience only. To the extent that any terms in this Contract conflict, the Parties agree that the more specific terms control. A copy of this Contract shall be valid as the original. Any failure by Sunbelt to insist upon strict performance of any Section of this Contract shall not be construed as a waiver of the right to demand strict performance in the future. Customer and the person signing this Contract agree, represent and warrant that: (a) the person executing is 18 or the legal age of majority in the state, whichever is greater and they both have full authority to execute, deliver and perform this Contract; and (b) this Contract constitutes a legal, valid and binding obligation of Customer, enforceable in accordance with its terms. If the Parties have a fully executed, active agreement, intended to govern over conflicting terms and conditions, such agreement shall take precedence over the terms herein.

Additional terms and conditions for Shoring can be found at https://www.sunbeltrentals.com/about/shoring-bridging-additional-terms-and-conditions/ Rev Date 06/16/2021 City Council 12 – 19 9/17/2024
800-736-2504
sunbeltrentals.com
On-Site Maintenance
Trained Technicians
On-Time Deliveries
Rapid Response
Matrax 4x4 HD Composite Mats
Protect your work area with a safe, stable surface for heavy vehicles and equipment.

Product Specifications
Manufacturer Matrax
Size Overall Dimensions: 4’ x 4’ x 1.5”
Surface Area: 13.5 square feet per mat
Weight 50 lbs
Compression
Strength 450 psiMax wheel load: 300 psi
Colors Gray and White
Material 100% HDPE
Industries
Utilized
Events, Warehousing, Storage, Aviation
Connection
System Matrax utilizes a vertical locking system with 4” overlapping flanges or “lips” to interlock individual panels to each other, creating a contiguous surface that is free from trip hazards.

Matrax 4x4 HD composite mats also integrate seamlessly
with LD composite mats, offering extreme versatility.

The Matrax 4x4 HD Composite Mat is perfectly suited for stadium use and other large scale venues requiring vehicular access. The matting system is capable of supporting heavy loads such as tractor trailers, rigging, and equipment staging platforms, and can also be used for additional applications such as temporary event parking, tent flooring and industrial warehouse flooring. Molded, textured
slip-resistant surface
Quarter-turn fastener
(4 per mat)
Lower lips
City Council 12 – 20 9/17/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 17, 2024
TOPIC: Janitorial Services at Various City Locations

AGENDA TITLE
Agreement with Valley Maintenance Corporation for Janitorial Services at Various City Locations (RFP No. 24-076) (General Fund and Non-General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Valley Maintenance Corporation for Janitorial Services at various locations in an amount not to exceed $6,503,284, for the term beginning November 1, 2024 and expiring October 31, 2027, with provisions for one, two-year extension (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency’s Parks, Fleet, and Facilities Services Division is responsible for the oversight of building maintenance, custodial maintenance, and security of City facilities. Routine janitorial services for the locations listed below are primarily provided by janitorial contractors:
• City Hall
• Council Chamber
• Santa Ana Regional Transportation Center (SARTC)
• Corporate Yard
• Santa Ana Stadium
• Santa Ana Main Library
• Newhope Library
• Police Athletic and Activity League (PAAL) – McFadden Avenue • Santa Ana Stadium
• Centennial Park Office
• 15 Recreational Centers (e.g. Salgado Community Center) Services provided through the janitorial service contract include, but are not limited to:
general cleaning, dusting of surfaces, emptying of trash, cleaning of toilets, urinals, showers, glass doors, mirrors, drinking fountains, fitness equipment, door mats, vacuuming/mopping of floors, etc.

City Council 13 – 1 9/17/2024
Janitorial Services at Various City Locations
September 17, 2024

Page 2 ends

The Request for Proposals (RFP) No. 24-076 was issued on June 4, 2024 on the City’s online bid management publication system, PlanetBids. A summary of vendor participation is as follows:
219 Vendors notified
31 Santa Ana vendors notified
61 Vendors downloaded the bid packet
14 Bids received
1 Bid received from Santa Ana vendors
Proposals were solicited, opened on July 2, 2024, and evaluated. Fourteen (14) proposals were submitted by the RFP deadline and 11 were determined to be responsible, responsive to the specifications, and met the City’s requirements. The proposals submitted Coastal Building Services, Inc., So Cal Cleaner, and UBM Enterprises, Inc. were deemed non-responsive due to submitting a proposal without required documents specified in the RFP. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. The results of the evaluation are as follows:

Firm Location Rank
Valley Maintenance Corporation Santa Fe Springs, CA 1
ABM Industries, Inc. Tustin, CA 2
Universal Building Maintenance, LLC Santa Ana, CA 3
Jonco West Corona, CA 4
Guaranteed Janitorial Service, Inc. Chino, CA 5
CCS Facility San Diego, CA 6
Pride Industries One Roseville, CA 7
Uniserve Facilities Services Commerce, CA 8
JJ Property Maintenance Network, Inc. Pasadena, CA 9
Premier Property Preservation West Hill, CA 10
Mission Building Services Riverside, CA 11
Staff recommends awarding an agreement to the highest ranked firm, Valley Maintenance Corporation (Exhibit 1), that has the expert skills, knowledge, and experience to accomplish the City’s objective to provide clean facilities for both the public and City staff.

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Funds are budgeted and available in FY 2024-25 for this expenditure. Funds will be budgeted in future fiscal years for City Council consideration.

City Council 13 – 2 9/17/2024
Janitorial Services at Various City Locations
September 17, 2024

Page 3 ends

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
07317101-
62310
Building
Maintenance
Custodial, Janitorial &
Housekeeping $388,432
06717650-
62310
Santa Ana
Regional
Transportation
Center
PWA – SARTC
Operations, Janitorial &
Housekeeping
$216,920 2024-25
01111110-
62300 General Fund
Library – Administration,
Contract Services -
Professional
$17,644
07317101-
62310
Building
Maintenance
Custodial, Janitorial &
Housekeeping $624,136
06717650-
62310
Santa Ana
Regional
Transportation
Center
PWA – SARTC
Operations, Janitorial &
Housekeeping
$331,892
01111110-
62300 General Fund
Library – Administration,
Contract Services -
Professional
$52,232
2025-26
01117651-
62310 General Fund
Park Maintenance
Service Enhancement,
Janitorial &
Housekeeping
$205,401
07317101-
62310
Building
Maintenance
Custodial, Janitorial &
Housekeeping $709,139
06717650-
62310
Santa Ana
Regional
Transportation
Center
PWA – SARTC
Operations, Janitorial &
Housekeeping
$342,734
01111110-
62300 General Fund
Library – Administration,
Contract Services -
Professional
$89,034
2026-27
01117651-
62310 General Fund
Park Maintenance
Service Enhancement,
Janitorial &
Housekeeping
$211,623
07317101-
62310
Building
Maintenance
Custodial, Janitorial &
Housekeeping $238,696
2027-28
(JulyOctober) 06717650-
62310
Santa Ana
Regional
Transportation
Center
PWA – SARTC
Operations, Janitorial &
Housekeeping
$115,509
City Council 13 – 3 9/17/2024
Janitorial Services at Various City Locations
September 17, 2024

Page 4 ends

Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account Description
Amount
01111110-
62300 General Fund
Library – Administration,
Contract Services -
Professional
$29,968
01117651-
62310 General Fund
Park Maintenance
Service Enhancement,
Janitorial &
Housekeeping
$71,240
Optional One 2-Year Extension:
07317101-
62310
Building
Maintenance
Custodial, Janitorial &
Housekeeping $491,753
06717650-
62310
Santa Ana
Regional
Transportation
Center
PWA – SARTC
Operations, Janitorial &
Housekeeping
$237,952
01111110-
62300 General Fund
Library – Administration,
Contract Services -
Professional
$61,732
2027-28
(NovemberJune)
01117651-
62310 General Fund
Park Maintenance
Service Enhancement,
Janitorial &
Housekeeping
$146,696
07317101-
62310
Building
Maintenance
Custodial, Janitorial &
Housekeeping $752,378
06717650-
62310
Santa Ana
Regional
Transportation
Center
PWA – SARTC
Operations, Janitorial &
Housekeeping
$364,065
01111110-
62300 General Fund
Library – Administration,
Contract Services -
Professional
$94,446
2028-29
01117651-
62310 General Fund
Park Maintenance
Service Enhancement,
Janitorial &
Housekeeping
$225,834
07317101-
62310
Building
Maintenance
Custodial, Janitorial &
Housekeeping $253,251
2029-30
(JulyOctober) 06717650-
62310
Santa Ana
Regional
Transportation
Center
PWA – SARTC
Operations, Janitorial &
Housekeeping
$122,544
City Council 13 – 4 9/17/2024
Janitorial Services at Various City Locations
September 17, 2024

Page 5 ends

EXHIBIT(S)

1. Agreement with Valley Maintenance Corporation
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council 13 – 5 9/17/2024
Exhibit 1
City Council 13 – 6 9/17/2024
City Council 13 – 7 9/17/2024
City Council 13 – 8 9/17/2024
City Council 13 – 9 9/17/2024
City Council 13 – 10 9/17/2024
City Council 13 – 11 9/17/2024
City Council 13 – 12 9/17/2024
City Council 13 – 13 9/17/2024
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.08.26 11:29:11
-07'00'
City Council 13 – 14 9/17/2024
Public Works Agency
www.santa-ana.org/public-works
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
September 17, 2024
TOPIC: Labor Compliance and Community Workforce Agreement Professional Administration Services

AGENDA TITLE
Agreement with TSG Enterprises, Inc. DBA The Solis Group for Labor Compliance and Community Workforce Agreement Professional Administration Services (Non-General Fund) (RFP #24-084)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with The Solis Group for Community Workforce Agreement professional administration services to provide professional services in overseeing and monitoring labor compliance requirements, for a three-year term beginning September 17, 2024 and expiring on September 16, 2027, with the provision for one, two-year extension, in an amount not to exceed $2,000,000 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA)’s Engineering Services Division is responsible for the administration and oversight of all Capital Improvement Projects in the city. On June 19, 2024, PWA released Request for Proposal (RFP) No. 24-084 to select one firm to provide professional services in overseeing and monitoring labor compliance requirements for the City of Santa Ana PWA Engineering Division (Exhibit 1). These services are required to ensure that any and all Contractors adhere to the State of California Department of Industrial Relations (DIR) Labor Compliance, Prevailing Wage requirements and compliance with the City’s Community Workforce Agreement (CWA).

All workers performing any labor on construction projects must be in accordance with the California State Labor Code.

On June 6, 2023, the City Council approved the Community Workforce Agreement (CWA) with the Los Angeles / Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Unions. Generally, the CWA requires that a contractor on covered projects utilize a specified number of “skilled and trained workforce.” This requirement is satisfied by hiring workers through a union hiring hall.

City Council 14 – 1 9/17/2024
Labor Compliance and Community Workforce Agreement Professional Administration Services
September 17, 2024

Page 2 ends

For these workers, the CWA requires the payment of prevailing wages, as well as certain pay and benefits, in addition to other conditions of employment.

Furthermore, the CWA applies to specific projects based on the contract amount. It applies to any “public works” contract over $750,000 and any “specialty public works” contract over $100,000. This definition typically applies to projects where the City is hiring a contractor to perform work on behalf of the City, such as the construction of public improvements. Additionally the CWA applies to affordable housing projects that receive City funds (e.g. Inclusionary Housing Funds).

To comply with these requirements, PWA is recommending the services of a professional firm specializing in labor compliance. The recommended consultant will assist in monitoring and ensuring contractor adherence to not only the CWA, but also to federal labor requirements, such as those under the Davis-Bacon Act and U.S.

Department of Housing and Urban Development (HUD) Section 3 and Build America Buy America regulations, which mandate fair wages and opportunities for low-income workers and businesses and procurement of American made products. The Community Development Agency (CDA) will also use these services to monitor and ensure developer compliance to the CWA for affordable housing projects that receive Inclusionary Housing Funds. CDA will also use the agreement to monitor compliance with the skilled and trained workforce component under the Affordable Housing Opportunity and Creation Ordinance and may also use it for monitoring federal labor requirements for other affordable housing projects. Standard billing rates, as of 2024, are dependent on The Solis Group staff position assigned to each task and ranges from $103 to $220 per hour.

The RFP was advertised on the City’s online procurement management and publication system, PlanetBids, with electronic proposals due on July 3, 2024. Six responsive proposals were received and evaluated by a selection committee comprised of PWA staff and, based on criteria outlined in the RFP, the top consultant was selected. The following table summarizes the top three responding firms and their rankings:

Rank Firm
1 The Solis Group
2 Cumming Construction Management, Inc.
3 Willdan Engineering
Based upon the scope of work and selection criteria outlined in RFP 24-084, staff recommends awarding the agreement with The Solis Group. The selected proposal demonstrated that the firm has the necessary capacity and expertise to complete the required services. The consultant’s rates are reasonable and within industry standard and the teams’ qualifications are appropriate.

City Council 14 – 2 9/17/2024
Labor Compliance and Community Workforce Agreement Professional Administration Services
September 17, 2024

Page 3 ends

ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.

FISCAL IMPACT
Yearly expenditures to The Solis Group vary, as charges are funded by fees submitted by contractors for CWA compliance. For Public Works Agency, revenue is recognized in the 10117002-51708 CIP Construction Projects Permits revenue account, and is anticipated to fully offset expenditures. Funds are budgeted and available in the Public Works – Development Engineering account for Fiscal Year 2024-25. A proposed carryover of unspent funds from Fiscal Year 2023-24 will be presented to the City Council in October for approval of carry-overs to FY 2024-25. Funds will be budgeted in future fiscal years for City Council consideration.

Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit,
Account Description
Amount
2024-25 10117605-
62340
Pub Wks –
Admin &
Planning
Pub-Wks-Development
Engineering, Contract
Services-PWA-CIP
Construction Permits
$300,000
2024-25 41718820-
62300
(Proj.16-7751)
CDA
Inclusionary
Housing Fee
Inclusionary Housing Fee,
Contract ServicesProfessional
$25,000
2024-25 13018780-
62300
(Proj. 23-7300)
Home
Program
Federal
Grant
Federal Grant Home
Program, Contract
Services-Professional
$25,000
2024-25 14018760-
62300
Housing
AuthorityVoucher
ADM
Housing AuthorityVouchers ADM, Contract
Services-Professional
$25,000
2025-26 10117605-
62340
Pub Wks –
Admin &
Planning
Pub-Wks-Development
Engineering, Contract
Services-PWA-CIP
Construction Permits
$325,000
2025-26 41718820-
62300
(Proj.16-7751)
CDA
Inclusionary
Housing Fee
Inclusionary Housing Fee,
Contract ServicesProfessional
$25,000
2025-26 13018780-
62300
(Proj. 23-7300)
Home
Program
Federal
Grant
Federal Grant Home
Program, Contract
Services-Professional
$25,000
City Council 14 – 3 9/17/2024
Labor Compliance and Community Workforce Agreement Professional Administration Services
September 17, 2024

Page 4 ends

Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit,
Account Description
Amount
2025-26 14018760-
62300
Housing
AuthorityVoucher
ADM
Housing AuthorityVouchers ADM, Contract
Services-Professional
$25,000
2026-27 10117605-
62340
Pub Wks –
Admin &
Planning
Pub-Wks-Development
Engineering, Contract
Services-PWA-CIP
Construction Permits
$325,000
2026-27 41718820-
62300
(Proj.16-7751)
CDA
Inclusionary
Housing Fee
Inclusionary Housing Fee,
Contract ServicesProfessional
$25,000
2026-27 13018780-
62300
(Proj. 23-7300)
Home
Program
Federal
Grant
Federal Grant Home
Program, Contract
Services-Professional
$25,000
2026-27 14018760-
62300
Housing
AuthorityVoucher
ADM
Housing AuthorityVouchers ADM, Contract
Services-Professional
$25,000
Optional 2-year Extension
2027-28 10117605-
62340
Pub Wks –
Admin &
Planning
Pub-Wks-Development
Engineering, Contract
Services-PWA-CIP
Construction Permits
$325,000
2027-28 41718820-
62300
(Proj.16-7751)
CDA
Inclusionary
Housing Fee
Inclusionary Housing Fee,
Contract ServicesProfessional
$25,000
2027-28 13018780-
62300
(Proj. 23-7300)
Home
Program
Federal
Grant
Federal Grant Home
Program, Contract
Services-Professional
$25,000
2027-28 14018760-
62300
Housing
AuthorityVoucher
ADM
Housing AuthorityVouchers ADM, Contract
Services-Professional
$25,000
2028-29 10117605-
62340
Pub Wks –
Admin &
Planning
Pub-Wks-Development
Engineering, Contract
Services-PWA-CIP
Construction Permits
$350,000
City Council 14 – 4 9/17/2024
Labor Compliance and Community Workforce Agreement Professional Administration Services
September 17, 2024

Page 5 ends

Fiscal
Year
Accounting
Unit
Fund
Description
Accounting Unit,
Account Description
Amount
2028-29 41718820-
62300
(Proj.16-7751)
CDA
Inclusionary
Housing Fee
Inclusionary Housing Fee,
Contract ServicesProfessional
$25,000
2028-29 13018780-
62300
(Proj. 23-7300)
Home
Program
Federal
Grant
Federal Grant Home
Program, Contract
Services-Professional
$25,000
2028-29 14018760-
62300
Housing
AuthorityVoucher
ADM
Housing AuthorityVouchers ADM, Contract
Services-Professional
$25,000
Total $2,000,000

EXHIBIT(S)

1. RFP #24-084: Labor Compliance & Community Workforce Agreement Professional Administrative Services

2. Agreement with The Solis Group
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Michael Garcia, Executive Director – Community Development Agency Approved By: Alvaro Nuñez, City Manager
City Council 14 – 5 9/17/2024
REQUEST FOR PROPOSALS NO. 24-084
FOR

LABOR COMPLIANCE & COMMUNITY WORKFORCE

AGREEMENT PROFESSIONAL ADMINISTRATIVE

SERVICES
Approved for Release:

CITY OF SANT A ANA

PUBLIC WORKS AGENCY
20 Civic Center Plaza
Santa Ana, CA 92701
Sean Thomas ..S:: I·
Project Manager
(714) 647-5655
[email protected]
Nabil Saba, P.E.

Executive Director
Public Works Agency
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.

Issue Date:

Deadline for Request for Information:

Submittal Due Date:

Project Award Date:

Wednesday, June 19, 2024
Tuesday, June 25, 2024, 2:00 P.M.

Wednesday, July 3, 2024
Tuesday, August 20, 2024
EXHIBIT 1
City Council 14 – 6 9/17/2024

CITY OF SANTA ANA

TABLE OF CONTENTS
I. BACKGROUND .............................................................................................................................. 3 II. OVERVIEW OF PROJECT ............................................................................................................ 3 III. PRE-PROPOSAL MEETING .......................................................................................................... 3 IV. TERM OF AGREEMENT ............................................................................................................... 3 V. MINIMUM QUALIFICATIONS ........................................................................................................ 4 VI. RESPONSE TO RFP ..................................................................................................................... 4 VII. CERTIFICATIONS (ATTACHMENTS) ........................................................................................... 9 VIII. REFERENCES ............................................................................................................................... 9 IX. MINIMUM SCOPE AND LIMIT OF INSURANCE ........................................................................... 9 X. SELECTION PROCEDURES & CRITERIA .................................................................................. 10 XI. WITHDRAWALS ........................................................................................................................... 11 XII. GENERAL TERMS AND CONDITIONS ....................................................................................... 11 XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS ......................... 15 XIV.AWARD OF AGREEMENT .......................................................................................................... 19 XV. IMPLEMENTATION ...................................................................................................................... 19

EXHIBITS
Exhibits provided herein for Proposers’ reference only.

EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III – COMMUNITY WORKFORCE AGREEMENT (CWA)

ATTACHMENTS
A PROPOSER’S CERTIFICATION, PROPOSAL ITEM PRICING
B PROPOSER’S STATEMENT

C NON-COLLUSION AFFIDAVIT

D NON-LOBBYING CERTIFICATION

E NON-DISCRIMINATION CERTIFICATION

F SUBCONTRACTOR DESIGNATION FORM

G CARB FLEET COMPLIANCE CERTIFICATION

H STATEMENT REGARDING CWA REQUIRMENTS
City Council 14 – 7 9/17/2024

CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide Labor Compliance & Community Workforce Agreement Professional Administrative Services. See EXHIBIT I for complete Scope of Services.

The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP).

Funding sources for each project may vary and shall comply with the funding agency’s requirements. Special conditions may apply.

CARB FLEET REGULATIONS: The California Air Resources Board (“CARB”) implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations (“Regulation”) which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at:
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf.

Proposers are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Proposers must provide, with their Proposal, copies of Proposer’s and all listed subcontractors’ most recent, valid Certificate of Reported Compliance (“CRC”) issued by CARB. Failure to provide valid CRCs as required herein may render the Proposal non-responsive.

III. PRE-PROPOSAL MEETING
A pre-proposal meeting will not be held for this RFP.

IV. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of three (3) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for two (2) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.

Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.

Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.

City Council 14 – 8 9/17/2024

CITY OF SANTA ANA
V. MINIMUM QUALIFICATIONS
Proposers not meeting the minimum requirements may be deemed non-responsive. 1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.

VI. RESPONSE TO RFP
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearly with the following:

Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of proposals, refer to PlanetBids.

PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.

Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of “SEALED PROPOSAL FOR

LABOR COMPLIANCE & COMMUNITY WORKFORCE AGREEMENT (CWA)

PROFESSIONAL ADMINISTRATIVE SERVICES
RFP NO. 24-084

IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Sean Thomas
Public Works Agency; M-22
20 Civic Center Plaza; Ross Annex
City Council 14 – 9 9/17/2024

CITY OF SANTA ANA
assistance, or assurance that any given problem will be resolved by the bid submission deadline.

Proposals shall NOT be sent via telegraphic, electronic, or facsimile means.

All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.

B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.

The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).

C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.

Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.

D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.

E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.

Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.

City Council 14 – 10 9/17/2024

CITY OF SANTA ANA
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.

G. PROPOSAL CONTENTS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.

1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.

Cover Letter shall not exceed one page.

Cover letter must be addressed to the following City Project Manager:

Sean Thomas, Principal Civil Engineer
City of Santa Ana – Construction Services
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
Proposal shall include a Scope of Services and Schedule which detail the work phase to be completed, the tasks to be accomplished, the deliverables to be provided, the schedule/timeline to complete the project, and how they meet the needs of the City as described in Exhibit I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).

City Council 14 – 11 9/17/2024

CITY OF SANTA ANA
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan/Understanding of Need
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.

Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Proposals shall include a listing of relevant projects with references for three public entities with valid current emails for which Proposer has performed similar work within the past five (5) years.
g. CARB Fleet Compliance
The City is a Public Works Awarding Body, as defined under Title 13 California Code of Regulations section 2449(c)(46). Accordingly, Proposers must submit, with their Proposals, valid Certificates of Reported Compliance (“CRC”) for the Proposer’s fleet and for the fleet(s) of its listed subcontractors (including any applicable leased equipment or vehicles). Proposer must additionally complete and submit the Fleet Compliance Certification, included herein as ATTACHMENT H. Failure to provide a CRC for the Proposer, and for all listed subcontractors, or failure to complete the Fleet Compliance Certification, may render the Proposal non-responsive.

2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.

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The fee proposal shall be submitted separately and concurrently with the technical proposal, electronically in PlanetBids, and as a hard copy in a separately sealed enveloped, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, a table outlining the tasks and team hourly effort for each of the major tasks, and a Project Fee Schedule, as outlined in the Scope of Work.

The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost proposal fee structure.

Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.

Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.

Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows:

Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.)
H. PROTEST PROCEDURES
Only respondents who have actually submitted a proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:

1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;

2. Clearly identify the specific irregularity or accusation;

3. Clearly identify the specific City staff determination or recommendation being protested;

4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and

5. Include all relevant, supporting documentation with the protest at time of filing.

If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.

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VII. CERTIFICATIONS (ATTACHMENTS)
In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
 Attachment A: Proposer’s Certification and Proposal Item Pricing  Attachment B: Proposer’s Statement
 Attachment C: Non-Collusion Affidavit
 Attachment D: Non-Lobbying Certification
 Attachment E: Non-Discrimination Certification
 Attachment F: Subcontractor Designation Form
 Attachment G: CARB Fleet Compliance Certification
 Attachment H: Statement Regarding CWA Requirements
The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.

PLEASE NOTE:
 All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
 City will not waive notarization requirement when applicable on any of the required attachments.

VIII. REFERENCES
Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. The respondent grants permission for the City to contact any individuals listed as references.

City may disqualify a Proposer if:
 References fail to substantiate Proposer’s description of services and deliverables provided; or
 References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or
 City is unable to reach the point of contact with reasonable effort. It is the Proposer’s responsibility to inform the point of contact(s) of normal City working hours.

IX. MINIMUM SCOPE AND LIMIT OF INSURANCE
See Exhibit II – Sample Agreement
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X. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.

B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria:

C. Rankings: A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above.

D. Selection: The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.

The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.

CATEGORY POINTS
Responsiveness to RFP
 Proposal’s compliance with the requirements of this RFP.  Scope of Services offered including ability to provide optional services.  The value to any new and/or innovative product or service suggestions or other new ideas and enhancements.
20 Understanding of Need
 Include milestones of completion of key tasks, to be completed by specific team members.
35 Relevant Project Experience/Schedule of Delivery
 Relevant project experience within the last 5 years, including experience with public agencies.
 The experience, resources, and qualifications of the firm and individuals assigned to this account, including manager, supervisor and assigned staff.
40 References
 References that are similar in size and project scope to the City. 5 TOTAL POSSIBLE SCORE 100
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XI. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a proposal.

Prior to the proposal due date, the Proposer or Proposer’s representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible.

XII. GENERAL TERMS AND CONDITIONS
A. AMERICANS WITH DISABILITIES ACT
The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 (“ADA”), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph.

B. CITY BUSINESS LICENSE
The selected proposer must obtain a City of Santa Ana Business License prior to the execution of a contract and must provide a copy to the Buyer assigned to this RFP. The awarded party shall maintain a current business license throughout the term of the resulting contract. Procedure to obtain a City of Santa Ana Business License is available by contacting the Finance and Management Services, Business Tax Office at (714) 647-5447 or on the City’s website: www.santa-ana.org
C. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.

D. CONFLICT OF INTEREST
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor’s employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor’s efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City.

Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest.

No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract.

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E. CONTRACTOR’S EXPENSE
Pre-Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Precontractual expenses are not to be included in the cost proposal. Pre-contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre-proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract.

Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract.

F. CONTRACTOR’S PROJECT MANAGER/KEY PERSONNEL
Except as formally approved by the City, the key personnel identified in Contractor’s proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor’s Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor’s personnel. Said approval shall not be unreasonably withheld.

Standards of Conduct: Contractor’s personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City.

G. COST PROPOSAL
The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal.

H. DATA RETENTION
Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City.

All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract.

All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

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I. DRUG-FREE WORKPLACE
The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts.

J. EXAMINATION
Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City’s objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated.

Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager’s attention as soon as possible so that corrective addenda may be furnished to prospective Proposers.

Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected.

K. EXECUTION OF AGREEMENT
Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II – Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation
L. FISCAL NONFUNDING CLAUSE
In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City.

M. INDEPENDENT CONTRACTOR
Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City.

Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers’ compensation or other fringe benefits of any kind through City.

N. JOINT OFFERS/SUBCONSULTANTS
Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub-consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture.

Should the use of sub-consultants be offered, the Proposer shall provide the same assurances of competence for the sub-consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub-consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub-consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub-contractor.

The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right City Council 14 – 18 9/17/2024

CITY OF SANTA ANA
to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors.

O. LITIGATION STATUS
Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer’s prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures.

P. NEGOTIATIONS
The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor’s proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor’s proposal, and the awarded Contractor’s proposal. Specific exceptions to this general rule may be noted in the final executed contract.

Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP.

Q. NON-PAYMENTS
Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach.

R. OWNERSHIP OF DOCUMENTS
The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City.

S. PARKING
The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City.

T. PROFESSIONAL STANDARDS
Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City’s Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee.

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Contractor acknowledges that City locations consist of public-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel.

U. PROJECT MANAGER
The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.

V. PROPOSAL VALIDITY
Services, pricing, and warranties indicated in a Proposer’s Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal.

W. PUBLIC AGENCIES
Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor’s acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency.

X. PUBLIC RECORDS
Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act.

Y. SUBCONTRACTORS
Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor’s obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work.

The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors.

XIII. ADDITIONAL TERMS AND CONDITIONS FOR PUBLIC WORKS PROJECTS A. PREVAILING WAGE
The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing City Council 14 – 20 9/17/2024

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Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1).

Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor.

Prevailing Wage Compliance and Monitoring
Contractor is aware of the requirements of the California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirement on “public works” and “maintenance” projects. Since the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by Prevailing Wage Laws and since the total compensations is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement/Contact. Contact shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the job site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

B. DIR REGISTRATION
This project is a public work and subject to the following: No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors are further cautioned that certified payrolls shall be submitted electronically directly to the Department of Industrial Relations.

C. CAL-OSHA VEHICLE REGULATION
All vehicles must meet California Motor Vehicle and Cal-OSHA regulations and all other applicable codes required for vehicle use on the roads or highways in the state of California.

D. CARB FLEET COMPLIANCE CERTIFICATION
Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”).

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Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.

Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.

E. QUALITY ASSURANCE
Contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.

F. COMMUNITY WORFORCE AGREEMENT
For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract.

A copy of the CWA may be found in EXHIBIT III.

G. CONSTRUCTION WASTE MANAGEMENT
Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non-usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations.

H. CHEMICALS
Handling and delivery of all materials must comply with all local, State, and Federal safety regulations and must maintain appropriate hazardous material transportation and handling certifications and licensing as applicable.

I. SAFETY PROGRAM REQUIREMENTS
Work Site Safety shall be as defined by the Standard Specifications and these special provisions:

Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site.

The following is required in addition to the requirements of the Standard Specification:

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a. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. b. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards.
c. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices.
d. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work.
e. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. f. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work.

Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi-employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work.

J. OTHER SAFETY REQUIREMENTS
Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor’s negligence shall be repaired at no cost (both labor and material) to the City.

Contractor is responsible for advising and ensuring compliance by Contractor’s employees with all applicable environmental and hazardous materials handling laws and regulations.

Contractor shall provide City a full report of damage to City property and/or equipment by Contractor’s employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence.

Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor’s employees.

K. SPILL LIABILITY
The City does not assume liability for spills or other releases of hazardous wastes which are caused by the negligence of the contractor once hazardous waste materials are in the possession of the contractor or transported off site.

L. RECORDKEEPING AND REPORTS
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Contractor is required to provide upon request, detailed data and information required by the City. Information may include: generator EPA ID, contractor EPA ID, generator name, waste description, manifest number and line number, date waste shipped, disposal and recycling facilities utilized, final disposal method utilized, quantity shipped (pounds), waste profile number, and any additional information requested.

All records and reports shall be available in electronic (including Excel, Word, and PDF Format) and hard copy format at all times during the term of the contract.

XIV. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.

A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.

XV. IMPLEMENTATION
A. KICK-OFF MEETINGS
The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling.

City Council 14 – 24 9/17/2024

CITY OF SANTA ANA
B. NOTICE TO PROCEED
Prior to issuance of a formal Notice to Proceed (NTP), Consultants shall provide all required bonds, insurance documents, and contents of the Information Packet for review and approval by the City. “On-Call” contracts require the City Project Managers to request a project/task proposal from Consultants on an “as-needed” basis. Proposals will then be evaluated by City Staff and written NTPs will be issued accordingly per task order.

City Council 14 – 25 9/17/2024

CITY OF SANTA ANA

INTRODUCTION/BACKGROUND
The Community Workforce Agreement (CWA) is an agreement between the City of Santa Ana (City), the Los Angeles/Orange Counties Building and Construction Trades Council, and affiliated local unions. The CWA became fully integrated into project specifications in September of 2017 and has since adopted a new agreement in June of 2023 (EXHIBIT III)
The City seeks proposals from capable and experienced firms to provide professional services in overseeing and monitoring labor compliance requirements, as well as administering and enforcing the obligations of the CWA to ensure that the benefits envisioned from it flow to all Parties, including the Contractors, crafts persons working under it, and the residents of the City.

The objective for Public Works Projects is to ensure that any and all Contractors adhere to the State of California Departement of Industrial Relations (DIR) Labor Compliance and Prevailing Wage requirements. All workers performing any labor must be in accordance with the California State Labor Code. The aim of the CWA is to increase employment opportunities for workers who live in Santa Ana, Orange County, and Veterans, regardless of where they reside, increase training and employment opportunities for the City’s construction trade students through apprenticeships, and to promote efficiency of construction operations performed for the City. The CWA applies to all of the City’s Project Work performed by Contractor(s) of any tier that have contracts awarded for such work, for the development of the City’s facilities which have been designated by the City for construction or rehabilitation.

Project Work covered by the CWA is defined and limited to all construction and major rehabilitation work for multi trade construction contracts exceeding seven-hundred and fiftythousand dollars ($750,000), and all specialty contracts exceeding one-hundred thousand dollars ($100,000). A goal of thirty (30) percent of total work hours shall be performed from workers residing within the areas defined in the CWA.

DESCRIPTION OF WORK
Provide all services, and support, required to actively monitor and enforce all Labor Compliance requirements and reporting. Provide all services, and support, required to actively administer and enforce the obligation of the CWA, ensuring that the benefits from it flow to all Parties.

FIRM/CONTRACTOR RESPONSIBILITIES
The selected firm shall provide profressional administrative services that invlude, but are not limited to the following:

1. Act as the City’s authorized respresentative and the liason between the City, Contractors, and Local Unions, coordinating all CWA activities.

2. Attend Pre-Bid and/or Pre-Construction meetings to provide an overview of the CWA, responsibilities outlined within the CWA, and resources available to assist Contractor in achieving the CWA goal.

3. Conduct Pre-Job Meeting between Contractor, Sub-Contractors, and appropriate Unions, informing all parties of their rights and obligations under the CWA.

4. Assist and guide Contractors during all phases of construction.

5. Assist and advise City staff in the preparation CWA sections of project Specifications and Bid Package.

6. Assist in review, and responses, to CWA related Requests for Information during bidding.

7. Collect, review, and verify all forms required by the CWA, prior to commencement of project work. Create and maintain a CWA Administration database.

8. Assist in interpretation, clarification, and application of the CWA.

9. Recommend enhancements of the CWA.

10. Investigate, supervise, and resolve CWA grievances.

EXHIBIT I

SCOPE OF SERVICES
City Council 14 – 26 9/17/2024

11. Monitor and recommend enforcement measures to ensure compliance by Contractor, and Local Unions, with provisions of the CWA.

12. Organize monthly meetings with City staff, providing CWA update on City projects.

13. Prepare various monthly, quarterly, and annual reports detailing CWA / labor compliance activity.

14. Prepare a Project Closeout Report outlining obstacles, violations, services performed, and final percentages achieved by workforce type (Santa Ana, Orange County, Veterans and Non-Local).

15. Prepare an Annual report summarizing all CWA activity (planned, active, and completed projects), to present to City Council and residents of Santa Ana.

16. Author updates to CWA Compliance Packet to assist Contractors in complying with the CWA, as needed.

17. Author updates to CWA Policies and Procedures manual as a guide for CWA administration duties.

18. Train City staff, and those identified by the City, on implementation of CWA by developing educational material and presentations.

19. CWA orientation for Contractors, as needed.

20. Act as the City’s authorized representative and the liason between the City, Contractors, and other agencies, coordinating all Labor Compliance activities.

21. Attend Pre-Bid and/or Pre-Construction meetings to provide an overview of the labor compliance requirements that the Contractor must follow.

22. Assist and advise City staff in the preparation of Labor Compliance section of project Specifications and Bid Package.

23. In accordance with the Caltrans Local Assistance Procedures Manual (LAPM), collect, review, and verify all Certified Payroll Reports (CPR) against the prevailing wage rates. Create and maintain a database to encompass all Labor Compliance.

24. Ensure Apprenticeship requirements are met per project Specifications.

25. Perform regular site interviews of Contractor’s employees for wage rate verification in accordance with the Caltrans LAPM.

26. Prepare a Project Closeout Report outlining any deficiencies, any/all CPRs, interview records, claims, and any final Labor Compliance reports.

27. Train City staff, and those identified by the City, on implementation of Labor Compliance by developing educationa material and presentations.

CITY RESPONSIBILITIES
The City will furnish copies of project Plans and Specifications. The City will make available any other material related to the Community Workforce Agreement and Labor Compliance.

PREVAILING WAGES
The successful firm will be subjected to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. The firms are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link.
https://www.dir.ca.gov/public-works/publicworks.html
Firm shall provide certified payroll to the Ciy upon invoicing. The City will not process invoices until certified payroll has been provided.

FEE PROPOSAL
In addition to Section IV.B.3 (Submittal Requirements: Fee Proposal) fee schedule shall be structured as follows:

Proposer’s Fee Proposal shall be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as “Fee Proposal.” This shall include the firm’s Standard Hourly Fee Schedule, inclusive of all anticipated applicable fees for the types of projects described in this RFP.

The proposer shall also submit another Fee Proposal to include classifications or services that can be provided by the proposer. This fee proposal should be included in the aforementioned envelope.

City Council 14 – 27 9/17/2024

CITY OF SANTA ANA

CONSULTANT AGREEMENT

CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this day of , 20__ by and between ___________________________________________________________, (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

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

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

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

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

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

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

3. TERM
This Agreement shall commence on [enter a Start Date or “the date first written above”] for a number (#) year term with the option for the City to grant up to a number (#)-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 employeremployee 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;

EXHIBIT II

SAMPLE AGREEMENT
City Council 14 – 28 9/17/2024
however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.

5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”).

Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.

2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits 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 Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.

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

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

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

City Council 14 – 29 9/17/2024
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

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

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

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

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

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

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

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

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

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

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

7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this City Council 14 – 30 9/17/2024
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 Contractor’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.

8. INTELLECTUAL PROPERTY INDEMNIFICATION
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 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 City Council 14 – 31 9/17/2024
or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.

13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City.

Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay 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.

City Council 14 – 32 9/17/2024

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

To City:

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

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

To Contractor:

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

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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement.
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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

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

City Council 14 – 33 9/17/2024
ATTEST: CITY OF SANTA ANA

Jennifer L. Hall
City Clerk Interim City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Assistant City Attorney
Tax ID#
RECOMMENDED FOR APPROVAL:

Nabil Saba
Executive Director
Public Works Agency

(name)
(title)
City Council 14 – 34 9/17/2024

CITY OF SANTA ANA
For projects with bids greater than $750,000 for prime multi-trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the CONTRACTOR shall adhere to the CITY’S Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is a pre-hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA is incorporated by reference in the Construction Contract. A copy of the CWA may be on the City’s website at www.santa-ana.org/documents/community-workforceagreement/.

EXHIBIT III

COMMUNITY WORKFORCE AGREEMENT (CWA)
City Council 14 – 35 9/17/2024

CITY OF SANTA ANA
Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit I) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal.

PROPOSER’S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions.
__________________________________________________________________________________

LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS
__________________________________________________________________________________

BUSINESS ADDRESS
__________________________________________________________________________________

PRINTED NAME OF AUTHORIZED AGENT TITLE
__________________________________________________________________________________

SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS
__________________________________________________________________________________

FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE)
__________________________________________________________________________________

CITY OF SANTA ANA BUSINESS LICENSE NUMBER
(PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT A
PROPOSER’S CERTIFICATION, PROPOSAL PRICING
City Council 14 – 36 9/17/2024
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto.

Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City’s legal holidays), or the funds, check, draft, or proposer’s bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer’s bond substituted in lieu thereof shall be returned to the undersigned.

Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP.

Firm________________________________________________________________________________ Signed and Printed Name: ______________________________________________________________ Title ________________________________________________________________________________ Date
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT B
PROPOSER’S STATEMENT
City Council 14 – 37 9/17/2024
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Note: The above non-collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non-collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution.

Signed____________________________________________________________________________ State of ________, County of __________________________________________________________ Subscribed and sworn to (or affirmed) before me on this________ day of_____________, 20____, by ________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
________________________
Notary Public Signature Notary Public Seal
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT C

NON-COLLUSION AFFIDAVIT
City Council 14 – 38 9/17/2024
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

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

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT D

NON-LOBBYING CERTIFICATION
City Council 14 – 39 9/17/2024
The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the Consultant’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Consultant shall 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.

5. The Consultant shall 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/her 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.

1. In the event of the Consultant’s non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution 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, regulations, or order of the Secretary of Labor, or as otherwise provided by law.

2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) 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 subcontract or purchase order as the administering agency may direct as means of enforcing such provisions,

ATTACHMENT E

NON-DISCRIMINATION CERTIFICATION
City Council 14 – 40 9/17/2024
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States.

8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

City Council 14 – 41 9/17/2024
Bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., it must clearly set forth below the name and location of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of bidder’s total bid and the kind of work that each will perform. Furthermore, bidder acknowledges and agrees that under Public Contract Code section 4100, et seq., if bidder fails to list as to any portion of work, or if bidder lists more than one subcontractor to perform the same portion of work (i.e. bidder must indicate what portion of the work each subcontractor will perform), bidder must perform that portion itself or be subjected to penalty under applicable law.

If alternate bids are called for and bidder intends to use subcontractors different from or in addition to those subcontractors listed for work under the base bid, bidder must list subcontractors that will perform work in an amount in excess of one half of one percent (0.5%) of bidder’s total bid, including alternates.

In case more than one subcontractor is named for the same kind of work, the Contractor is to state the portion of work that each subcontractor will perform. Bidders or suppliers of materials only do not need to be listed. If further space is required for the list of proposed subcontractors, additional sheets showing the required information, as indicated below, shall be attached hereto and made a part of this document.

Listed below is the name of each subcontractor that will perform work, labor, or render services to the undersigned related to the work of this project. This is to include any subcontractor that will specially fabricate and install a portion of work according to detailed drawings contained in the plans and specifications in the amount greater than one half of one percent (.05%) of the contractors total bid. Additional sheets may be attached if needed.

Subcontractor Name: Location:

Portion of Work/Trade: Bid Amount
Contractor’s License Number

DIR Registration No.

Subcontractor Name: Location:

Portion of Work/Trade: Bid Amount:

Contractor’s License No: DIR Registration No:

Contractor will not be subcontracting any portion of work.

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT F

SUBCONTRACTOR DESIGNATION FORM
City Council 14 – 42 9/17/2024
Bidder hereby acknowledges that they have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). Bidder hereby certifies, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:

The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.

The Fleet is exempt from the Regulation under section 2449.1(f)(2), and a signed description of the subject vehicles, and reasoning for exemption has been attached hereto.

Bidder and/or their subcontractor is unable to procure R99 or R100 renewable diesel fuel as defined in the Regulation pursuant to section 2449.1(f)(3). Bidder shall keep detailed records describing the normal refueling methods, their attempts to procure renewable diesel fuel and proof that shows they were not able to procure renewable diesel (i.e. third-party correspondence or vendor bids).

The Fleet is exempt from the requirements of the Regulation pursuant to section 2449(i)(4) because this Project has been deemed an Emergency, as defined under section 2449(c)(18). Bidder shall only operate the exempted vehicles in the emergency situation and records of the exempted vehicles must be maintained, pursuant to section 2449(i)(4).

The Fleet does not fall under the Regulation or are otherwise exempted and a detailed reasoning is attached hereto.
_________________________________________________________________ Bidder’s Company Name (please print or type)
__________________________________________________________________ Signature of Bidder
__________________________________________________________________ Print Name
__________________________________________________________________ Title
___________________________________

DOORS ID
THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT G

CARB FLEET COMPLIANCE CERTIFICATION
City Council 14 – 43 9/17/2024
This is to certify that the undersigned Proposer and subconsultants have read and undertand the CWA entered into by and between the City of Santa Ana, Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of June 6, 2023. The Undersigned Proposer hereby agrees to comply with all terms and conditions of the CWA, and are capable of completing construction of the project continuously, without interruptions or delays. If awarded any work covered by the CWA, Proposer will also be required to sign a Letter of Assent that appears as Attachment A to the CWA documents.

Signed:

Title:

Firm:

Date:

THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL.

PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE.

ATTACHMENT H

STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA)

REQUIREMENTS
City Council 14 – 44 9/17/2024
1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND TSG ENTERPRISES, INC. DBA THE SOLIS GROUP TO ADMINISTER AND ENFORCE THE CITY’S COMMUNITY WORKFORCE AGREEMENT
THIS AGREEMENT is made and entered into on this 17th day of September, 2024 by and between the TSG Enterprises, Inc. DBA The Solis Group (“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 June 19, 2024, the City issued Request for Proposal No. 24-084, by which it sought a qualified consultant to provide professional services in administering and enforcing the City’s Community Workforce Agreement (CWA).

B. Consultant submitted a responsive proposal dated July 3, 2024 that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 24-084.

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
Contractor shall perform the services described in the scope of work that was included in RFP No. 24-084 and that is attached as Exhibit A, and as further delineated in Consultant’s proposal, which is attached as Exhibit B and incorporated in full.

2. COMPENSATION
Not to exceed amount shall be determined by the level of construction activity via public works permits, from which the City will generate revenue to cover the cost of these services. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement.
a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed $2,000,000 during the term of this Agreement, including any extension periods exercised under Section 3.

EXHIBIT 2
City Council 14 – 45 9/17/2024
2 b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

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 one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, 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.

City Council 14 – 46 9/17/2024
3 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.

7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant’s operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.
c. Worker’s Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker’s compensation or to undertake selfinsurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer:

Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty City Council 14 – 47 9/17/2024
4 (30) days prior written notice to the City.
iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement.
v. Consultant shall supply City with a fully executed additional insured endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Agreement. Such termination shall not affect Consultant’s right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.

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 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. 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 asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief arises by reason of the 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. 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.

9. 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.

City Council 14 – 48 9/17/2024
5 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
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.

13. 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.

City Council 14 – 49 9/17/2024
6 14. 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.

15. 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.

16. 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.

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

City Council 14 – 50 9/17/2024
7 18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.

19. 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.

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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This clause shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

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:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
City Council 14 – 51 9/17/2024
City Council 14 – 52 9/17/2024
Nabil Saba Digitally signed by Nabil Saba
Date: 2024.08.26 13:14:49
-07'00'
City Council 14 – 53 9/17/2024

EXHIBIT A
City Council 14 – 54 9/17/2024
REQUEST FOR PROPOSALS NO. 24-084
FOR

LABOR COMPLIANCE & COMMUNITY WORKFORCE

AGREEMENT PROFESSIONAL ADMINISTRATIVE

SERVICES
Approved for Release:

CITY OF SANTA ANA

PUBLIC WORKS AGENCY
20 Civic Center Plaza
Santa Ana, CA 92701
Sean Thomas ): f ·
Project Manager
(714) 647-5655
[email protected]
~~~ba_ Nabil Saba, P.E.

Executive Director
Public Works Agency
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.

Issue Date:

Deadline for Request for Information:

Submittal Due Date:

Project Award Date:

Wednesday, June 19, 2024
Tuesday, June 25, 2024, 2:00P.M.

Wednesday, July 3, 2024
Tuesday, August20, 2024
City Council 14 – 55 9/17/2024