Agenda packet — Santa Ana City Council, September 23, 2024 (part 1 of 3)

Adjourned Regular City Council and Special
Succesor Agency Meeting Packet
September 23, 2024
ADJOURNED REGULAR OPEN MEETING – 5:30 PM
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:

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.

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 ).

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
CONSENT CALENDAR
(SEPARATE DISCUSSION)

10. Item No. 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. Item No. 11: [Approved; For Comment Only] 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. Item No. 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. Item No. 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 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.

14. Item 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). **END OF CONSENT CALENDAR**
PUBLIC HEARINGS
PUBLIC COMMENTS – Members of the public may address the City Council on each of the Public Hearing items.

23. Item 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. Item 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.

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 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).

COUNCILMEMBER REQUESTED ITEMS

25. Item 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 Special Succesor 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 20, 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 COMMENTS – Members of the public may address the Successor Agency on items on the Public Hearing item.

PUBLIC HEARING

1. 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 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 20, 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

1 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

2 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

3 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

4 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

5 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

6 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

7 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

8 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

9 9/23/2024

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

12. Item No. 12: Agreement with Power of One Foundation (POOF), for a copresented Fiestas Del Mariachi Event and Related Services; and, Award Sunbelt Rentals Inc.

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.

DISPOSITION

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

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.

COUNCILMEMBER REQUESTED ITEMS

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

In Memory of
Don Cribb
Future Items

1. Continuing Appropriations (Carry Forwards)

2. Classification and Compensation Study Consultant Agreement

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

PUBLIC HEARING

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 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 20, 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

10 9/23/2024

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 23, 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 cause- based 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

City Council
10 –
1 9/23/2024

DTSA First Saturday ArtWalk
September 23, 2024

Page 2 ends

4 5
8 0
(according to the 2023 Santa Ana Visitor Analysis conducted by Travel Santa Ana and 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 Services-
Professional $112,500
FY 2025-26
(Jul 2025-
Sep 2025)
01118810-62300 General Fund -
CDA
Contract Services-
Professional $37,500
TOTAL $150,000

EXHIBIT(S)

1. Donation Agreement

2. DTSA First Saturday ArtWalk Presentation

City Council
10 –
2 9/23/2024

DTSA First Saturday ArtWalk
September 23, 2024

Page 3 ends

4 5
8 0
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager

City Council
10 –
3 9/23/2024

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 year- round, 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 performan ces. 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 5th day of each month , after full execu tion of the Agreement, as follows: October 5, 2024, November 5, 2024, December 5, 2024, January 5, 2025, F ebruary 5, 202 5, 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 pr ovided 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 9/23/2024

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 implem ented 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 establ ishing 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 C ommunity 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, omi ssions, 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 limitati on 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 ki nd 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, ag ents, 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 ther ewith 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 prio r 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 9/23/2024

EXHIBIT 1

City Council
10 –
6 9/23/2024

EXHIBIT A

Request for Sponsorship Funds

EXHIBIT 1

City Council
10 –
7 9/23/2024

EXHIBIT 1

City Council
10 –
8 9/23/2024

EXHIBIT 1

City Council
10 –
9 9/23/2024

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 9/23/2024

○ 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 9/23/2024

○ 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 9/23/2024

EXHIBIT 2

City Council
10 –
13 9/23/2024

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 9/23/2024

.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 9/23/2024

Daily Pilot

G- COUN Y
ISTER

ORANGE COUNTY'S NONPROFIT NEWSROOM
EXHIBIT 2

City Council
10 –
16 9/23/2024

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 .......... · ..
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....... ·=· ...... .

SIIOI' FIIDl,I IMl! 30 l.0CAI. IJJ ' • � ...

MTlSANVENDORS S�OPOV!lllDIOOlAl!TmVOIOOaS
Alll'SHOWS tMMUSIC IIANCING INlHE STllrn'S ms· ARrS & M:1M11ES tMPAIKllNG ANOMOl!E!
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SPONSORED BY:
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• 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 9/23/2024

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,

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

ARTS COUNCIL

A STATE AGENCY

NATIONAL
-EARTS ENDOWMENT-E ======= 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 9/23/2024

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 second highest 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 9/23/2024

EXHIBIT 2

City Council
10 –
20 9/23/2024

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EXHIBIT 2

City Council
10 –
21 9/23/2024

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 9/23/2024

Flores, Dora
From: AnnabellaPritchard <[email protected]>
Sent: Thursday, September
To: eComment
Subject: Re: CityCouncilMeeting! TheFridaCinema! LoganCrow! Attention: ThisemailoriginatedfromoutsideofCityofSantaAna. Usecautionwhenopeningattachmentsorlinks.

ToWhomIt MayConcern,
I amwritingto expressmysupportforthecityofSantaAna'ssponsorshipofTheFridaCinema'sproductionofthemonthly DTSAFirstSaturdayArtWalkevents.

Lastyear, whenI servedontheboardofCommunityEngagement, I hadtheprivilegeofhelpingtoorganizeartexhibitionsat CasaBloomStudiosindowntownSantaAna. TheexhibitionswereheldonthefirstSaturdayofthemonth, thiswaywecould dependonhavinglargecrowdsoffamiliesvisitingourexhibitionwhowerealreadyintheheartofthedowntownartsdistrictto enjoyArt WalkNight.

LoganCrowandhistalentedteam'sthoughtfulcurationofArt WalkNightprovidessomuchjoyandexcitementand meaningfulengagementbetweencreativesandthecommunity. Personally, if I havefamilyorfriendsvisitingmefromout-of- town, I insistthattheirvisitcoincideswithTheFridaCinema'sproductionofArtWalkNightbecausethisguaranteesthattheir experienceofOrangeCountywill bememorableandmagical.

Thankyou,
AnnabellaPritchard
IndependentArt Curator
1 City Council
10 –
23 9/23/2024

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 23, 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 9/23/2024

Amendment to the Facilities Use Agreement with Training and Research Foundation to add the Logan Community Center
September 23, 2024

Page 2 ends

4 5
5 1
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
Unit-
Account #
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 9/23/2024

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 T RF 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 9/23/2024

City Council
11 –
4 9/23/2024

EXHIBIT C-1

City Council
11 –
5 9/23/2024

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II A I A
30B S UNION PLACE

LOS ANGELES CALIFORNIA
TEL 213 484 2096
90017
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REVISIONS SCALE PROJECT TITLE
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No 161 1
No J36 14ct G31
No r 60 1
Project
A c c 0u n t
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RECREATION AND PARKS DEPARTMENT
CITY 0 F SANTA ANA
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LOCATION OF CHILDCARE SERVICES

LOCATION OF CHILDCARE SERVICES
EXHIBIT C-1

City Council
11 –
6 9/23/2024

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City Council
11 –
7 9/23/2024

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 23, 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.

3. Approve an appropriation adjustment in the amount of $118,548 from the spendable General Fund balance to the PRCSA, Recreation and Community Services, Contractual- Professional Services expenditure account (01113230-62300). (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: Yes

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 9/23/2024

Event Production Agreement with POOF
And Purchase Order Contract with Sunbelt Rentals Inc.

September 23, 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 9/23/2024

Event Production Agreement with POOF
And Purchase Order Contract with Sunbelt Rentals Inc.

September 23, 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 9/23/2024

Event Production Agreement with POOF
And Purchase Order Contract with Sunbelt Rentals Inc.

September 23, 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 9/23/2024

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 co- present 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.

NO
W 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 9/23/2024

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 t he pu blic.

The Youth Showcase will fe ature l ocal 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 re quire food and beverage vendors to comply with all applicable laws and regulations regarding food and beverage preparation, handling, and serv ice, and any appl i cable l aws and regulations re garding 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 t o 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 vend ors to obtain a City permit and City of Santa Ana business l
icense an d to comply with all other applicable laws and regulations.

E. M arketing and Advertising of Event
Foundation shall be allowed to list City as Co-Presenter of Event a nd to utilize City log os and marks for purp o ses of advertising for the Event. All use of Ci ty’s name, logos, trademarks, or simi lar information shall be pre-approved by City prior to distribution to the public w hich includes, but is not l
imited 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 th
ose costs. All private secu rity providers and guards will be licensed by the State of California when required by appli c able laws and regulations.

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 prov ide a stage, professional lighting, and all other necessary elements for the performances. Foundation shall comply with all applicable la ws and regulations, including b ut not limited to, building, electrical, plumbing, and fire codes, in addition to maximum occupancy prov isions for the Event. Foundation Exhibit 1

City Council
12 –
6 9/23/2024

3 will advise City of the identity of the bands and performers no later than three (3) weeks prior to the Ev
ent. Foundation shall ask all bands and pe rformers 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 S ponsors for the Event subject to discussio n and input direction from City and understanding that City is a public entity subject to certain legal and policy- related 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
Found
ation shall provide a First Aid Station(s) for the Event when deemed necessary by City Parks a
nd Recreation staff; and the costs of such First Aid Station(s) or the ambulance(s) will be paid by Foundation.

K. Trash Cl ean Up
Foundation is responsible for maintaining li tter 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 mee t E vent 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 9/23/2024

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 Pa ysT o t a l
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 9/23/2024

5 costs) + $9,005 (entire stadium rental fee)
If the Revenue exceeds total costs, the City will receive the maxim um cost recovery and stadium r
ental fee outlined in Milestone 4 in the table above, plus tw enty percent (20%) of Revenue in excess of Total Costs.

Example #1
If the
event only ge nerates $132,594 of Revenue (25% of total costs), the City will only receive $13,259
(10% of the Rev enue) to of fset its costs. This w ould result in a ne t loss of $105,289 ($13,259 Revenue, less $118,548 cost).

Example #2
If t he event generates $530,374 of R evenue (100% of total costs) , the City will receive reimbursement for t he $118,548 of flooring and the $9,005 Ed di e 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 previ ous exampl e, plus $49,115 ($775,950 Revenue, l ess $530, 374 total costs , multiplied by 20 %).

Appropriation Adjustment
City staff requests an appropriation adjustm ent of $118,548 for the cost of flooring rental from the City’s General Fund balanc e availabl e for spending ( currently e stimated at $ 1,508,397). As di
scussed above, the City will recover some portion of this cost. If the Event generates Revenue as outlined in Example #3 and the City r eceives an additional $49 ,115 of Revenue, the City staff will return to City Council wi th a propos ed appropriation adjustment to enable additional department spending.

Ta
ble 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 9/23/2024

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 9/23/2024

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 9/23/2024

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 9/23/2024

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

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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 subcontra ct 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 i n this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this A
greement performed by City personnel or by othe r Foundations retained by Ci ty at its cost and ex
pense.

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

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11 A. Foundation shall, throug hout 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

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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
E
xecutive Director
Parks, Recreation & Community
Services Agency
Exhibit 1

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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

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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.

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 EQUIPMENT # Min Day Week 4 Week Amount
SALES ITEMS:

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

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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 Contr act on your behalf. “Environmental Services Charge” is the charge described in Section 1 7. “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 id entified 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 applica ble 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 al l 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 (Cust omer 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 n ot 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 be cause 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 a t 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 A LL 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, CL AIMS, 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 O R 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. CUSTO MER 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 a t 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 insuranc e 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 i ts 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 dam age 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 ful ly complies with the terms of this Contract; (iv) Customer’s account is current at the time of the loss, theft, damage or destructi on 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 TH IS 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 w hich 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 an d 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 b e 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 Equipm ent, 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) a n Environmental Services Charge (see www.sunbeltrentals.com/environmentalfee) and (ix) Transportation Surcharg e (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 E quipment 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 T O 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 requ ired 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 w ith 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, mater ials 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 (calcula ted 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 SU NBELT’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, PASS IVE 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 PER TAINING 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 E LECTION 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 Cont ract 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 an y 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 co nvenience 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
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19 9/23/2024

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 psi
Max 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 9/23/2024

Flores, Dora
From: DaleHelvig <[email protected]>
Sent: Monday, September
To: eComment; Amezcua, Valerie; Phan, Thai; Vazquez, Benjamin; Lopez, Jessie; Bacerra, Phil; Hernandez, Johnathan; Penaloza, David
Cc: Nunez, Alvaro; Thai, Minh; Saba, Nabil; Scott, Hawk; Hall, Jennifer Subject: 2024-09-16LettertoCityCouncil-Item12SantiagoParkMainStreetEntranceProject Attachments: 2024-09-16LettertoCityCouncil-Item12SantiagoParkMainStreetEntrance Project.pdf
Attention: ThisemailoriginatedfromoutsideofCityofSantaAna. Usecautionwhenopeningattachmentsorlinks.

Seeattachedfile.

DaleHelvig
Resident, SantaAna
1 City Council
12 –
21 9/23/2024

ale Helvig
Resident, SantaAna CA92706

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Santa Ana City CouncilSeptember 23, 2024

Santa Ana City Council
September 23, 2024