Santa Ana City Council
December 3, 2024

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On September 19, 2024, the Finance and Management Services Agency released Request for Proposals (RFP) No. 24-109 for plan and investment advisory services for the 457 and RHS Plan. Four firms submitted proposals in response to the RFP: BFSG, LLC, Fiduciary Experts LLC, SageView Advisory Group, and Shuster Advisory Group, LLC. The selection committee with experience in the related services evaluated proposals.

Staff recommends awarding an agreement to the highest-ranked vendor, BFSG, LLC.

Following a comprehensive evaluation of the four bids received, which assessed both cost and professional expertise, BFSG, LLC was determined to offer the best overall value. Their proposal demonstrated the firm has the necessary resources and expertise to complete the required services as specified in the RFP. Their fee was competitive and aligned with the other bids received.

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

FISCAL IMPACT
There is no fiscal impact associated with this action. All administrative fees pertaining to the services will be borne by the plan participants. Internal Revenue Code permits administrative reimbursement from plan assets.

EXHIBIT(S)

1. Agreement
Submitted By: Kathryn Downs, Executive Director of Finance and Management Services
Approved By: Alvaro Nuñez, City Manager

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AGREEMENT FOR ADMINISTRATIVE, INVESTMENT AND COMMUNICATION ADVISORY SERVICES BETWEEN BFSG, LLC ANDCITY OF SANTA ANATHIS AGREEMENT is made and entered into on this 1st day of January, 2025 by and betweenBFSG, LLC,Contractority of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California RECITALSA. On September 19, 2024, the City issued a Request for Proposal No. 24-109which it sought a contractor to provide Plan Administrative, Investment andCommunication Advisory Services related to the 457 (b) Deferred Compensation Plan andRetirement Health Savings (RHS) Plan.B. Contractor submitted a responsive proposal that was selected by the City, andsuch Proposal is referenced herein as if set out in full. Contractor represents that it is ableand willing to provide services described in the scope of work that was included in theRFP.C. In undertaking the performance of this Agreement, Contractor represents that it isknowledgeable in its field and that any services performed by Contractor under thisAgreement will be performed in compliance with such standards as may reasonably beexpected from a professional consulting firm in the field.NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows:1. SCOPE OF SERVICESContractor shall perform during the term of this Agreement, the tasks and obligationsincluding all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A,attached hereto and incorporated by reference. 2. COMPENSATIONa. City agrees to pay, and Contractor agrees to accept as total payment for its services forCity, the rates and charges identified in Compensation - Exhibit B. The total amountto be expended during the term of this Agreement shall not exceed $175,000.b. Payment by City shall be made within forty-five (45) days following receipt of properinvoice evidencing work performed, subject to City accounting procedures. City andContractor agree that all payments due and owing under this Agreement shall be madethrough Automated Clearing House (ACH) transfers. Contractor agrees to execute theard ACH Vendor Payment Authorization and provide required

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documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractoraccount(s) with financial institutions.Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.3. TERMThis Agreement shall commence on the date first written above for a year termwith the option for the City to grant up to one 2-yearrenewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTORContractor shall, during the entire term of this Agreement, be construed to be anindependent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractorperforms the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.5. OWNERSHIP OF MATERIALSThis Agreement creates a non-exclusive and perpetual license for City to copy, use,modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under thisContractorshall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within 6. INSURANCEPrior to undertaking performance of work under this Agreement, Contractor shall maintainand shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which

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may arise from or in connection with services, produces and materials supplied to City. Total cost of such insurance shall be borne by Contractor.MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covproperty damage, bodily injury and personal & advertising injury with limits no less than $1,000,000per occurrence and $2,000,000aggregate. Required policy limits can be metwith primary and umbrella/excess insurance policies.2.Automobile Liability: Insurance Services Office Form Number CA 00 01 covering any auto (Code 1), with limits no less than $1,000,000combined single limits. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.3.as required by the State of California, with Statutory Limits, n$1,000,000 per accident for bodily injury or disease. Coverage is not required if Contractor has no employees and signs request to waive such insurance.4.Professional Liability (Errors and Omissions): Insurance appropriate to the Contractoron, with limit no less than $1,000,000per occurrence or claim, $2,000,000aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.Other Insurance Provisions The above required insurance policies are to contain, or be endorsed to contain, the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under ContractorAutomobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.2. Contractorits City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor under this Agreement.3. For any claims related to this contract, Contractorand any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

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4. A severability of interest provision must apply for all the additional insureds, ensuring that Contractoror suit is brought, except with respect5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Finance and Management Services Agency, 20 Civic Center Plaza M-17, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current City.Verification of Coverage Contractor shall furnish the City with original certificates of insurance including all requiredamendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the ContractorSpecial Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.7. INDEMNIFICATIONContractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor

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further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractorservices are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.8. INTELLECTUAL PROPERTY INDEMNIFICATIONContractor shall defend and indemnify the City, its officers, agents, representatives, and letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement.9. RECORDSContractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement.10. CONFIDENTIALITYIf Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractorwithout an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City.

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11. CONFLICT OF INTEREST CLAUSEContractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.12. NON-DISCRIMINATIONContractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.13. EXCLUSIVITY AND AMENDMENTThis Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.14. ASSIGNMENTInasmuch as this Agreement is intended to secure the specialized services of Contractor,Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall Agreement performed by City personnel or by other Contractors retained by City.15. TERMINATIONThis Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractorcompensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to

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deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate.b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.16. WAIVERNo waiver of breach, failure of any condition, or any right or remedy contained in orgranted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.17. JURISDICTION - VENUEThis 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 LICENSESContractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.19. NOTICEAny 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 ClerkCity of Santa Ana20 Civic Center Plaza (M-30)P.O. Box 1988Santa Ana, CA 92702-1988

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Fax: 714- 647-6956With courtesy copies to:Executive Director,Finance and Management ServicesAgencyCity of Santa Ana20 Civic Center Plaza (M-17)P.O. Box 1988Santa Ana, California 92702Fax:714-647-6956To Contractor:Darren StewartPrincipal, Sr. Retirement Plan Consultant2040 Main Street, Suite 720Irvine, CA 92614Email: [email protected] party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.20. MISCELLANEOUS PROVISIONSa. 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 or power is not, in fact, held by the signatory or is withdrawn.b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.[signatures on following page]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.ATTEST: CITY OF SANTA ANAJennifer L. Hall Alvaro NuñezCity Clerk City ManagerAPPROVED AS TO FORM:SONIA R. CARVALHOBFSG, LLCCity AttorneyBy: Andrea Garcia-Miller Name:Assistant City Attorney Title:RECOMMENDED FOR APPROVAL:Kathryn DownsExecutive DirectorFinance and Management Services Agency

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EXHIBIT ASCOPE OF SERVICES

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CITY OF SANTA ANA

The consultant shall perform services as set forth below: A. Administrative Responsibilities 1. Ensure plan design compliance. 2. Prepare an onboarding/implementation plan before commencing the service. 3. Provide regulatory/technical guidance. 4. Prepare an annual plan provider cost analysis. 5. Assist in development of Request for Proposals for Plan Provider, if needed. 6. Ensure best practices are met in the interest of the participants. B. Investment Responsibilities 1. Conduct up to four quarterly reviews of investment options. 2. Conduct due diligence on current investment options and make recommendations on alternative options. 3. Assist in implementing fund changes and transitions. 4. Maintain and revise the Investment Policy Statement for the Plan. 5. Attend on-site meetings and provided recorded minutes for each meeting/conference call. 6. Ensure best practices are met in the review & evaluation of investment options. C. Communication Responsibilities 1. Assist the Committee with developing marketing and education strategies for participants. 2. Assist the Committee with developing marketing & education materials.3. Provide educational seminars that will supplement the seminars conducted by the Plan Provider. D. Fee and Cost Analysis 1. Periodically evaluate and benchmark all fees and costs associated with the plans, including fee structure.

EXHIBIT I SCOPE OF SERVICES
City of Santa AnaRFP No. 24-109

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EXHIBIT BCOMPENSATIONFee Proposal including hourly rates if applicable

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Information Technology
www.santa-ana.org/IT
Item # 9
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: MySantaAna Citizen Request Mobile App Replacement

AGENDA TITLE
Agreement with Rattle Tech LLC for the Implementation of a Citizen Request Mobile App and Backend Work Management System (Specification No. 24-099A) (General Fund and Non-General Fund) (Revive Santa Ana)

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Rattle Tech, LLC for Civita App community engagement platform and professional services, for an amount not to exceed $100,000 annually, for a total aggregate amount not to exceed $500,000, for an initial one-year term beginning January 1, 2025, with provisions for four optional one- year renewals (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
Since October 16, 2019, the City of Santa Ana has been using the MyCivic mobile app provided by Tyler Technologies (MyCivic App) for the City’s “mySantaAna App” to allow the public to report various service requests throughout the City. Since its implementation, the mySantaAna App has become an integral part of City operations by providing a mechanism for the public to easily report graffiti, illegal trash dumping, homelessness concerns, and other maintenance-related issues. The mobile app generates more than 10,000 reported issues per month. It also provides the City with the ability to send push alerts to the public for City events, news updates, and important notifications about road closures and weather-related emergencies. The mySantaAna App also features links to the City website for meeting agendas, upcoming events, and a contact list of who to call for various City services.

Unfortunately, the capabilities of the Tyler MyCivic App have fallen behind the technology and functionality now available from off-the-shelf applications on the market, primarily in the area of language translation. The City Council has indicated that providing multi-language support in the mobile application is a high-priority feature that is important to the public. Therefore, it makes sense for the City to move from the MyCivic app to a new mobile application system that could more functionally meet the

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MySantaAna Citizen Request Mobile App Replacement
December 3, 2024

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City’s needs and provide the multi-language capabilities that would better serve the constituents of the City.

On August 6, 2024, the City issued RFP No. 24-099A for qualified vendors to propose the implementation of a new Mobile App and Citizen Relationship Management (CRM) System in order to upgrade the MySantaAna mobile app.

978 Vendors notified
0 Santa Ana vendors notified
57 Vendors downloaded the RFP packet
15 Proposals received
Proposals were solicited, opened on August 28, 2024, and evaluated. Fourteen of the 15 proposals submitted by the RFP deadline were determined to be responsive to the specifications outlined in the RFP and met the City’s requirements. A selection team, consisting of staff from the IT Department, Public Works Agency, and the City Manager’s Office evaluated the proposals and recommend awarding an agreement to Rattle Tech, LLC, the vendor best suited to provide the required capabilities.

The selection team found that the Civita App Community Engagement Platform (Civita App) offered by Rattle Tech LLC was the best fit for the City as the company had demonstrated its ability to fully translate the mobile application in both Spanish and Vietnamese and also provide translations from these languages back to English for staff to perform their work. The Civita App also offers the ability to seamlessly integrate with the City’s graffiti abatement contractor, Graffiti Protective Coatings, which will speed the implementation of the application for the City and ensure that there is minimal loss in staff and contractor productivity as the City migrates to the new application. The selection team was also impressed by the fact that the initial cost for the Civita App was similar to the MyCivic App but offered better opportunities for adding new features and capabilities. The Civita App also provides better security for user registration and superior analytics compared to the MyCivic App.

Although the precise implementation timeline will not be established until the City begins the project is are able to get access to the system, staff estimates that the City will be able to launch the new MySantaAna App in April 2025. Staff expects that for existing Apple iPhone users, the new version will be available as an update, and if automatic updates are enabled, the new application will seamlessly replace the existing version on users’ devices. Current Android users will be directed to the Google Play store where they can download and install the new application.

Proposing firms’ rankings according to the criteria listed in the RFP are as follows:

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MySantaAna Citizen Request Mobile App Replacement
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Vendor Name Location Rank
Rattle Tech, LLC Altadena, CA 1
Granicus, LLC Saint Paul, MN 2
Keen360, Inc. King of Prussia, PA 3

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

FISCAL IMPACT
Funding is available in the FY 2024-25 American Rescue Plan Act, accounting unit 18120013, Contract Services Professional account (62300) and Software Maintenance & Support account (62306). Future fiscal year funding will be included in proposed budgets for City Council consideration. The table below provides an estimate of the account distribution by fiscal year; however, actual amounts may vary based on the timing of the system implementation.

Account
Unit –
Account
#
Account
Description
FY
24-25
FY
25-26
FY
26-27
FY
27-28
FY
28-29
FY
28-29 Total
10920141
-62300
Contract
Services
Professional
$42,500 $85,000 $85,000 $35,000 $247,500
10920141
-62306
Software
Maintenance
& Support
$7,500 $15,000 $15,000 $15,000 $52,500
18120013
-62306
ARPA - IT–
Software
Maintenance
& Support
$15,000 $15,000 $7,500 $37,500
18120013
-62300

ARPA - IT -
Contract
Services
Professional
$35,000 $85,000 $42,500 $162,500
Total $50,000 $100,000 $100,000 $100,000 $100,000 $50,000 $500,000

EXHIBIT(S)

1. Agreement with Rattle Tech, LLC
Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager

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CONSULTANT AGREEMENT WITH RATTLE TECH, LLC TO PROVIDE
IMPLEMENTATION SERVICES FOR THE 311 MOBILE APPLICATION AND

CITIZEN RELATIONSHIP MANAGEMENT SYSTEM

THIS AGREEMENT is made and entered into this 3rd day of December, 2024 by and between Rattle Tech, LLC, a California limited liability company (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). Consultant and City are also collectively referred to herein as “Parties” or singularly as a “Party.”

RECITALS

A. The City desires to retain a consultant have special skill and knowledge in the field of the implementation services for the 311 Mobile App lication and Citizen Relationship Management (CRM) System on behalf of the City’s Information Technology Department.

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

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

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

1. SCOPE OF SERVICES

Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A: Scope of Services, attached hereto and incorporated by reference; and as further described in Exhibit B: Consultant’s Proposal, attached hereto and incorporated by reference; and as further set forth in the Exhibit C:

Service Level Agreement, attached hereto and incorporated by reference.

2. COMPENSATION

a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit D: Consultant’s Cost Proposal, attached hereto and incorporated by reference . The total amount authorized during the ter m of this Agreement , including any extension periods, shall not exceed $500,000.00.

b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures.

City and Consultant agree that all payments due and owing under this Agreement

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shall be made th rough Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM

This Agreement shall commence on January 1, 2025 and terminate on December 31, 2025, with the option for the City to grant up to four (4), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below.

4. PREVAILING WAGES

Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

5. INDEPENDENT CONTRACTOR

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

6. OWNERSHIP OF MATERIALS

This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doc uments or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or

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caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all sub contractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the sub contractors prepares under this Agreement.

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

7. INSURANCE

Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of City’s data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees.

Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:

• Technology Professional Liability Errors and Omissions Insurance (E&O):
appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Consultant in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Consultant’s failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of City in the care, custody, or control of Consultant. • Workers’ Compensation as required by the State of California, with statutory limits, and Employer’s Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. If Consultant maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

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

• City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be added as additional insureds, under Consultant’s E&O policy, with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations.

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• Consultant’s Insurance companies agree 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 Consultant under this Agreement.
• For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. • A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. • Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City.

Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment of premium.
• Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement) , 20 Civic Center Plaza M-XX (Responsible Staff’s Department Mail Box), Santa Ana, CA 92701.

The name and location of project must be included in the Description of Operations section of each certificate.

Self-Insured Retentions. Self-insured retentions must be declared to and approved by City.

City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Claims Made Policies. If any of the required policies provide coverage on a claims-made basis:
• The retroactive date must be shown and must be before the date of the contract. • Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.
• If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

Verification of Coverage . Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein.

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

Failure to Maintain Insurance Coverage. If Consultant, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. City, at its sole option, may terminate this Agreement at any time and obtain damages from Consultant resulting from said breach.

8. INDEMNIFICATION

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

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

9. INTELLECTUAL PROPERTY INDEMNIFICATION

Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney’s fees, for infringement of any United States’ letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.

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10. RECORDS

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

11. CONFIDENTIALITY

If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall no t 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 a ny subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE

Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services sp ecified under this Agreement.

13. NOTICE

Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic 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)

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To Consultant:

P.O. Box 1988
Santa Ana, California 92702 Fax 714-
647-6956
Executive Director Information Technology
Dept. City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702
Rattle Tech, LLC
Attn: Emmanuel Mathew, President
659 W. Woodbury Road
Altadena, California 91001
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 po stage 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, address ed as set forth above. For pur poses of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded.

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

15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any inte rest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City’s prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the Ci ty’s ability to have any of the services, which are the subject to this

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Agreement performed by City personnel or by other Consultants retained by City.

16. WAIVER

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

17. TERMINATION

This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:

a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.

b. Payment need not be made for work, which fails to meet the standard of performance specified in the Recitals of this Agreement.

18. NON-DISCRIMINATION

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

19. JURISDICTION-VENUE

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

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20. PROFESSIONAL LICENSES

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

21. FUNDING RELATED PROVISIONS

Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds (“CSLFRF”) program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference:
a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the “Act”);
b. U.S. Department of the Treasury (“Treasury”) Final Rule for the Act, available at https://www.govinfo.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf;

c. Treasury Compliance and Reporting Guidance for the Act, available at https://home.treasury.gov/system/files/136/SLFRF-Compliance-and-Reporting-Guidance.pdf;

d. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury;

e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and

f. Exhibit E: Federal Contract Provisions, is attached hereto and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in this Agreement. With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

22. MISCELLANEOUS PROVISIONS

a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of

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this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

[signatures appear on following page]

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SIGNATURE PAGE FOR CONSULTANT AGREEMENT WITH RATTLE TECH, LLC TO PROVIDE IMPLEMENTATION SERVICES FOR THE 311 MOBILE

APPLICATION AND CITIZEN RELATIONSHIP MANAGEMENT SYSTEM

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

ATTEST: CITY OF SANTA ANA

________________________ _________________________
Jennifer L. Hall Alvaro Nunez
City Clerk City Manager

APPROVED AS TO FORM CONSULTANT
SONIA R. CARVALHO
City Attorney

By: _____________________ ____________________________ Jonathan T. Martinez By:

Assistant City Attorney Title:

RECOMMENDED FOR APPROVAL

____________________________
Jack Ciulla
Executive Director
Information Technology Department
Emmanuel Mathew
President

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EXHIBIT A

SCOPE OF SERVICES

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CITY OF SANTA ANA
Consult
ant shall perform services as set forth below.

A. Mandator
y Requirements
All the following requirements are critical for the City to deliver its services and essential for the successful implementation and adoption of the new Citizen Relationship Management (CRM) system. Hence these requirements are deemed as mandatory and must be included in the Vendor’s proposed scope for this project:

1. Implement a 311 CRM SaaS software solution that includes all customizations, integrations and data migrations as deemed necessary to establish a modern 311 CRM process for the City.

2. Provide a multiple language interface that includes a FULL translation of all elements in both ENGLISH and SPANISH with the goal of adding a third language in the future (VIETNAMESE).

3. Provide several options for customer engagement, including:
a. An online web portal featured on the City’s website; b. Turnkey, branded mobile apps for both iOS and Android where app updates and app publishing are managed solely by the vendor; and
c. B oth Push Notifications and SMS text messaging options to suit the needs and preferences of city residents and businesses.

4. Provide the City with the ability to update the icons/links on the front end of the mobile app in REAL TIME without having to push a new version to the app store.

5. Provide an opportunity for customers to interact with the system either anonymously or by using an account with a verified e-mail address.
a. It must be easy for Citizens to connect to the CRM Application using any channel of their choice, with software expected to minimize barriers in connecting and communicating with the City.

6. The CRM Application software and mobile apps are expected to use pictures, images, and icons along with text to create a user-friendly and intuitive request intake environment, while supporting multiple languages and ADA accessibility.

7. The 311 system should be able to integrate with 3rd party systems, App-Order, for Graffiti issues and Trimble Cityworks for future expansion. The City desires the vendor to work with the Graffiti vendor to complete the system integration before go-live.

8. Provide ability for customers to track their service request from submission to completion.

This includes the ability to obtain up-to-date status of requests, estimated days for

EXHIBIT I

SCOPE O

F SERVICES
City of Santa Ana
RFP No. 24-099A

City of Santa Ana
RFP No. 24-099A

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CITY OF SANTA ANA
completion, and view “after work” photos of the completed issue either inside the app or sent as an attachment in an e-mail status update.

9. Provide improved reporting, monitoring and analytic capabilities with visual indicators to City management, thus generating insight into common customer issues and City delivery and response times.

10. Provide CRM Applications user training for system users, department leads, and IT support staff. Provide additional technical and functional training to IT team to manage future Applications support.

11. Provide ongoing support and maintenance of the system based on an annual fee.

B. Addi
tional Requirements

1. The items listed in the “Functional Requirements Matrix” (ATTACHMENT I) are additional requirements that the City believes would help improve the implementation and the CRM system adoption. The City would like to have these items addressed in the proposal to determine if the Vendor can provide the functionality. A responsive proposal must include the entire Functional Requirements Matrix document with a response for each item listed (Yes, No or Partial, and any additional Vendor comments about that item). Proposals without the Functional Requirements Matrix will be deemed nonresponsive and will not be accepted.

City of Santa Ana
RFP No. 24-099A

City of Santa Ana
RFP No. 24-099A

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EXHIBIT B

CONSULTANT’S PROPOSAL

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Rattle Tech LLC – Confidential 1
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

311 MOBILE APP AND CITIZEN

RELATIONSHIP MANAGEMENT
(CRM) SYSTEM

SUBMITTED TO:

CITY SANTA ANA

CITY OF SANT A ANA
20 CIVIC CENTER PLAZA
SANT A ANA, CA 92701

Rattle Tech LLC
659 W Woodbury Rd
Altadena, CA. 91001

Primary Contact
Emmanuel Mathew
[email protected]
909.709.8499
08/26/202
4 Cit\ CoXncil

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Rattle Tech LLC – Confidential 2
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Contents
Disclaimer ......................................................................................................................................................................................... 3 COVER LETTER................................................................................................................................................................................... 4 Executive Summary .......................................................................................................................................................................... 5 Agreement Statement ...................................................................................................................................................................... 6 Firm and Team Experience ............................................................................................................................................................... 6 Company Background ................................................................................................................................................................... 6 Proposed Work Plan ......................................................................................................................................................................... 9 Understanding of the Scope of Work ........................................................................................................................................... 9 Summary of features .................................................................................................................................................................. 12 Timeline for Execution ................................................................................................................................................................ 13 Cost Proposal .................................................................................................................................................................................. 15 CIVTAAPP PLANS ......................................................................................................................................................................... 15 Cost Estimate: ............................................................................................................................................................................. 17 Fee Schedule and Terms Estimate .............................................................................................................................................. 17 CERTIFICATIONS (ATTACHMENTS) .................................................................................................................................................. 18 Team Resumes ................................................................................................................................................................................ 18

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Rattle Tech LLC – Confidential 3
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Disclaimer
This proposal is provided as a measure of your interest in entering into a services contract with Rattle Tech LLC (“Rattle Tech”).

In furnishing this proposal, Rattle Tech undertakes no obligations. This proposal states general intent and agreement to perform services contingent upon a formal written agreement between both parties.

The information contained in this document represents the current view of Rattle Tech as on date and is subject to change at any time without notice to you. This document and its contents are provided AS IS without warranty of any kind and should not be interpreted as on offer or commitment on Rattle Tech.

We make no warranties, express or implied, in this document.

The descriptions of other companies’ products in this document, if any, are provided only as a convenience to you. Any such references should not be considered an endorsement or support by Rattle Tech. Rattle Tech cannot guarantee their accuracy, and the product may change over time. Also, the descriptions are intended as brief highlights to aid understanding, rather than as through coverage. For authoritative descriptions of these products, please consult their respective manufacturers.

This deliverable is provided AS IS without warranty of any kind and Rattle Tech MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OR OTHERWISE.

All trademarks are the property of their respective companies.

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Rattle Tech LLC – Confidential 4
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

COVER LETTER
Aug 26, 2024
ATTN: Trevor Burgan, Principal Programmer Analyst
City of Santa Ana – Information Technology Department
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Response to City of Santa Ana – Mobile 311 APP Citizen Relationship Management (CRM) Software Solution
Dear Trevor,
On behalf of Rattle Tech, I am excited to submit our proposal in response to the City of Santa Ana's Request for Proposals for the 311 Mobile app and Citizen Relationship Management (CRM) software solution. We are confident that our existing Civita 311 CRM mobile app and backend solution, which incorporates all the Functional Requirements Matrix and Mandatory features required by this RFP, will significantly enhance citizen engagement and streamline non-emergency service requests for the City of Santa Ana.

Rattle Tech's CRM solution features backend-managed customizations, enabling live updates without app store redeployment. CRM solution is designed to seamlessly integrate with your existing systems. We already have integration with Cityworks version 15.7.2 and higher, as well as with the App-Order/Graffiti Protective Coatings (GPC) backend via API’s, ensuring compatibility with your current infrastructure. This modern 311 CRM process is tailored to Santa Ana, offering residents interaction options through an online portal, mobile app, SMS, phone, push notifications, and email. Residents can anonymously submit non-emergency service requests without an account. The user-friendly design allows real-time tracking of service requests and provides advanced reporting and analytics for city management. Comprehensive training is provided for city staff.

Rattle Tech is committed to delivering a high-quality, user-friendly 311 CRM solution that meets Santa Ana's current and future needs. Our team of experts is dedicated to ensuring a seamless implementation and ongoing support, empowering the city to enhance operational efficiency and citizen satisfaction.

Our designated points of contact during the RFP process will be:

Emmanuel Mathew, President, [email protected] , (C) 909.709.8499 Thank you for considering our proposal. We are eager to bring our proven 311 CRM solution to the City of Santa Ana and look forward to the opportunity to work together to improve citizen engagement and service delivery.

Sincerely,
Emmanuel Mathew
President
659 W Woodbury Rd Altadena, CA. 91001
Phone Number - 626.699.4622 x 214

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Rattle Tech LLC – Confidential 5
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Executive Summary

Rattle Tech's approach to the City of Santa Ana's 311 Citizen Relationship Management (CRM) software solution leverages our extensive experience and proven success in deploying 311 CRM systems across various cities. Our existing 311 CRM mobile app already includes all mandatory features required by the RFP, ensuring a comprehensive and seamless implementation.

Rattle Tech will provide and implement a modern 311 CRM process tailored to the unique needs of Santa Ana. Our multi-channel engagement platform emphasizes human-centered design and customer engagement, offering various options for residents to interact with the city, including an online portal, mobile app, SMS text messaging, push notifications, and email notifications. The system is designed for ease of access, allowing residents to connect with/without creating an account, and features a user- friendly interface with pictures, icons, bilingual access, and ADA compliance. Citizens can track their service requests from submission to completion with real-time updates from city departments.

Our solution includes advanced reporting, monitoring, and analytic capabilities to provide city management with insights into common customer issues and city response times. We will develop a unique brand identity for Santa Ana's 311 services, supported by an education and outreach campaign to promote the new system. Comprehensive training will be provided for system users, department heads, and the city's IT team. To enhance transparency, customer request data and resolutions will be holistically shared on the city website. Additionally, we will develop a digital library and FAQ section to provide necessary information, reducing the volume of calls to 311.

We have integrated a ChatGPT-powered Chatbot, enabling residents to access city information instantly, thereby enhancing accessibility and responsiveness. Our solution also includes available APIs to connect with external case management solutions and other systems, ensuring seamless integration and expanded functionality.

The Civita 311 app features Geo-fencing options, allowing the city to manage events efficiently.

Residents can check-in into events and track the number of attendees, promoting closer resident engagement. The Geo-fencing setup is managed in the backend and can define entry and exit messages for residents entering or exiting the Geo-fencing area. Additionally, the app supports regular push notifications to residents at the click of a button.

In summary, Rattle Tech's proven experience in deploying 311 CRM systems across various cities ensures that we are well-equipped to meet and exceed the City of Santa Ana's requirements. If selected, we will leverage our vast resources and expertise to ensure the successful implementation and adoption of the 311 CRM solution, significantly enhancing citizen engagement and service delivery for Santa Ana.

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Rattle Tech LLC – Confidential 6
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Agreement Statement

We have reviewed the terms and conditions outlined in EXHIBIT II – Sample Agreement provided in the Request for Proposals (RFP) and confirm our full concurrence with all provisions as stated. We have no concerns or objections and are prepared to enter into the agreement as outlined.

Firm and Team Experience

Rattle Tech is pleased to submit this proposal to for a mobile app and support services to the City of Santa Ana . We are confident given our experience and expertise in the area mobile app development and our existing platform to help improve the community engagement for the City of Santa Ana. We have provided the scope of the proposal below. If selected to assist the City of Santa Ana on this project and we are certain we will help, make this a successful project.

We look forward to discussing the proposal and finalization of the features as per your interest and requirements.

Company Background

Founded in 2016, Rattle Tech is headquartered at 659 W Woodbury Rd, Altadena, CA 91001. We are a leading provider of software and application development services across various industries, supported by a highly skilled and proficient team of 50 to 60 employees.

We focus on the development of mobile and cloud applications, and Internet of Things solutions. Our team is well-versed in the latest Internet of Things, Mobile & Cloud technologies, and has delivered many products to market. Our cost-optimized operating models get you the best value for your money, and our Agile processes get you to market faster.

Our guiding principles are customer satisfaction and a strong focus on providing cost effective, reliable, and leading-edge technologies to solve our customers’ product development challenges.

The below awards highlight our commitment to innovative and new mobile and IOT ideas.

CRN's 2017 IoT Innovators Awards
https://www.crn.com/slide-shows/internet-of-things/300094021/crns-2017-iot-innovators- awards.htm/16 CRN's 2018 IoT Innovators Awards
https://www.crn.com/slide-shows/internet-of-things/crn-s-2018-iot-innovators-awards/26

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Rattle Tech LLC – Confidential 7
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Experience
Rattle Tech has extensive experience building mobile cloud and IOT solutions. Our services include both Public, Private and Government organizations.

We are currently actively working with following government organizations: Riverside DA’s Office, Riverside Sheriff, City of Corona, City of Ontario, City of Palm Spring, City of Vineland, Borough Roselle Park, Ridgecrest, Cito of Rialto and many others.

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Rattle Tech LLC – Confidential 8
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Our Mobile App Platform

We will create a mobile app designed to increase community engagement and provide an easy-to-use experience when interacting with the City of Santa Ana ’s mobile solution. Rattle Tech will be deploying and customizing your Cities Mobile app on our Civita App Community Engaagment Mobile App and Cloud Platform.

Execution Strategy:

Our execution strategy incorporates proven methodologies, extremely qualified personnel, and a highly responsive approach to managing deliverables. Following is a description of our project methods, including how the project will be developed, a proposed timeline of events, and reasons for why we suggest developing the project as described.

Project Objectives and Scope:

Rattle Tech will work with the city to create a purpose-built mobile app for the resident which provides an intuitive and pleasant user experience, tailored to allow the users easy access to the City of Santa Ana’s services.

Our mobile application will be deployed for IOS and Android Devices. One of our goals is to ensure the data and information on the app is updated based on pulling data from the City’s website and social media feeds. Your employees will not need to manage one more system.

Team Resumes
Team resumes are added below in the proposal.

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Rattle Tech LLC – Confidential 9
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Proposed Work Plan
Understanding of the Scope of Work

Rattle Tech is pleased to present our comprehensive Civita App mobile solution for Community Engagement, which is uniquely designed to utilize the data already existing within your organization.

With our extensive experience working with local governments and their stakeholders, we have a proven track record of helping them implement their vision and leverage technology to achieve their goals.

Our Civita App Community Engagement Mobile App and Cloud System stand out due to our pre-built API integrations with various third-party systems, including Cityworks, App-Order, Granicus, ESRI, WordPress, and more. This extensive integration capability ensures seamless compatibility with your current infrastructure, allowing for smooth adoption and implementation.

Rattle Tech is committed to continuous innovation, regularly adding new features to our solutions that benefit all our customers. Our commitment extends to ensuring compatibility with the latest versions of iOS and Android, relieving the burden on the City’s IT infrastructure by hosting our solutions on AWS.

The Rattle Tech CRM is meticulously designed to meet and exceed the requirements outlined in the RFP. It aligns perfectly with the City of Santa Ana's need for a comprehensive and modern 311 Citizen Relationship Management (CRM) system, offering a robust platform that enhances citizen engagement and streamlines non-emergency service requests. Our solution not only meets the mandatory requirements but also addresses additional optional features that can further improve the system’s implementation and adoption by the City:

Mandatory requirements
Requirement Yes/No Comments
Implement a 311 CRM SaaS software solution that includes all customizations, integrations and data migrations as deemed necessary to establish a modern 311 CRM process
for the City.

YES
Civitaapp product is
capable of delivering the
required functionalities,
including customizations
and integrations.

Provide a multiple language interface that includes a FULL translation of all elements in both ENGLISH and SPANISH with the goal of adding a third language in the future
(VIETNAMESE).

Partial
Currently supports
English and Spanish.

Expansion to Vietnamese
and other languages can
be accommodated as
needed.

Provide several options for customer engagement,
including:
a. An online web portal featured on the City’s
website;
b. Turnkey, branded mobile apps for both iOS and
Android where app updates and app publishing are
managed solely by the vendor; and
c. Both Push Notifications and SMS text messaging
options to suit the needs and preferences of city
residents and businesses.

YES

The Civitaapp product
includes a web portal,
branded mobile apps for
iOS and Android, and
support for Push
Notifications and SMS.

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Rattle Tech LLC – Confidential 10
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Provide the City with the ability to update the icons/links on the front end of the mobile app in REAL TIME without
having to push a new version to the app store.

YES
The system allows for
real-time updates to
icons and links without
requiring app store
submissions.

Provide an opportunity for customers to interact with the system either anonymously or by using an account with a verified e-mail address.
a. It must be easy for Citizens to connect to the
CRM Application using any channel of their choice,
with software expected to minimize barriers in
connecting and communicating with the City.

YES
Users can choose to
interact anonymously or
via verified accounts.

The system is designed
to be accessible through
various communication
channels.

The CRM Application software and mobile apps are
expected to use pictures, images, and icons along with text to create a user-friendly and intuitive request intake
environment, while supporting multiple languages and ADA accessibility.

YES
The application
incorporates visual
elements and text to
enhance user experience
and supports ADA
compliance and multiple
languages.

The 311 system should be able to integrate with 3rd party systems, App-Order, for Graffiti issues and Trimble
Cityworks for future expansion. The City desires the vendor to work with the Graffiti vendor to complete the system integration before go-live.

YES
Integration capabilities
with App-Order and
Trimble Cityworks are
supported.

Provide ability for customers to track their service request from submission to completion. This includes the ability to obtain up-to-date status of requests, estimated days for completion, and view “after work” photos of the completed issue either inside the app or sent as an attachment in an e-mail status update .

YES
Customers can track
requests, view status
updates, get estimated
completion times, and
access “after work”
photos via the app or
SMS or email updates.

Provide improved reporting, monitoring and analytic
capabilities with visual indicators to City management, thus generating insight into common customer issues and City delivery and response times.

YES
The system includes
advanced reporting and
analytics features,
offering visual indicators
to track customer issues
and monitor response
times.

Provide CRM Applications user training for system users, department leads, and IT support staff. Provide additional technical and functional training to IT team to manage
future Applications support.

YES
Training is provided for
department leads, IT
staff, and ongoing
support is included for
future application
management.

Provide ongoing support and maintenance of the system
based on an annual fee.

YES
Ongoing support and
maintenance are offered
with an annual fee
structure.

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Rattle Tech LLC – Confidential 11
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Additional Requirements
Requirement Yes/No Comments
The items listed in the “Functional Requirements Matrix” (ATTACHMENT I) are additional requirements that the City believes would help improve the implementation and the
CRM system adoption. The City would like to have these
items addressed in the proposal to determine if the Vendor can provide the functionality. A responsive proposal must include the entire Functional Requirements Matrix
document with a response for each item listed (Yes, No or Partial, and any additional Vendor comments about that
item)..

YES
The Functional
Requirements Matrix is
included with the
proposal, addressing
each item as required.

Additional features in Civitaapp
 Includes deployment of iOS app in the Apple App Store & Android app in the Google Play Store - Maintain, support, and update the application to remain current with modern technology and application store guidelines
 Incorporation of city-specific logos, colors, and branding.  Use of APIs or automate a scraping process to pull the following data from the City’s current website system:
 Home screen with image slider for announcements & highlights and pull your existing banners.  Calendar of City events & activities
 In the My City Sections we will work with the city to present information the resident may most like to see.
o Listing of City parks, facilities, and other buildings & venues o Library information & resources
 The city can embed News feed with press releases, Twitter, Facebook, Instagram, and YouTube feed, etc.
 Important City contact numbers & website links
 Links to City social media accounts.
 In-app notifications/SMS/Email to notify users of important announcement  Provide facility and department Information
 Include city services FAQ’s (frequently asked questions)  Include Interactive mapping for city facilities and parks  Includes setup of cloud system to connect to mobile app  Includes setup and configuration of the Work Order System based on City’s needs  Provide training for staff to update application content  We also provide a mobile app that can be used by the City’s to close issues reported by the mobile app.

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Rattle Tech LLC – Confidential 12
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Summary of features
311 reporting
Bluetooth beacon technology to help explore your community Geo tag landmarks and points of interest to help explore your community Parks, facilities & libraries
Newsfeed & press releases
Social media integration
Things-to-do
Manage issues & work orders
Civita App – For Residents:

Residents can create issues from the Civita App
Employees can create work orders from Civita Cloud
Auto-assign work orders to field tech / employee
Track history of work orders
Work orders show geo tagged location of images submitted Up to 5 images can be uploaded per work order
Civita App – For Your Employees:

Employees can create issues / work orders from Civita Field Service App Reassign work orders to field tech / employee
View assigned work orders
View work order details and location
Update work orders
Civita Cloud – Our Community Engagement Platform:

Manage community engagement
Update banners and sliders on the app
Define issue categories
Update to manage community engagement
Allow community members to create accounts
GEO fence the allowable issue submission range
Update community pages
Ability to pull data from APIs or scraping data to reduce data entry Calendar
* Text notifications to community members – Issue status update ** Email notifications to community members – issue status update *** Storage

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Rattle Tech LLC – Confidential 13
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Timeline for Execution
We expect this project will take between 8 to 9 weeks depending on the availability of the City of Santa Ana’s stakeholders.

The estimated project timeline is based on getting the information listed in Check List, within 5 business days of the kick of the project. We assume we will receive necessary all subsequent feedback based on questions within 3 business days.

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Rattle Tech LLC – Confidential 14
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

References 1

City Name : City of Ontario

Colin Fernandes
Executive Director IT
Information Technology Agency
P: 909-395-2118
Email: [email protected]
Website: www.OntarioCA.gov

Choon Vu Lam
IT Manager - Applications
Information Technology Agency
P: 909-395-2092
Email: [email protected]
Website: www.ontarioca.gov

Contract Amount: Average $50,000 per year Year: Since 2018 Description of supplies, equipment, or services
provided:
311 Mobile App, Cityworks & App-Order
Integration.

Reference 2

City Name : City of Vineland

Tony Quigley
Director Of Information Systems
Office: 856-794-4000 ext. 4345
Email: [email protected]
Website: www.Vinelandcity.org

Kevin Grohman
System Analyst
Office: 856-794-4000 ext. 4071
Email: [email protected]
Website: www.Vinelandcity.org

Contract Amount: Average $10,000 per year Year: Since 2022 Description of supplies, equipment, or
services provided:
311 Mobile App, Civita App CRM system.

Reference 3

City Name : City of Palm Springs

Kirsten D'Amato, PMP
IT Business Systems Analyst
Phone: (760) 322-8397
Email: Kirsten.D'[email protected]
Website: www.palmspringsca.gov

Jason Underwood
Assistant Director of IT
Phone: (760) 322-8394
Email: [email protected]
Website: www.palmspringsca.gov
Contract Amount: Average $15,000 per year Year: Since 2019 Description of supplies, equipment, or
services provided:
311 Mobile App, Civita App CRM system.

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Rattle Tech LLC – Confidential 15
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Cost Proposal

CIVTAAPP PLANS
Full Plan Comparison:
https://www.civitaapp.com/pricing/#fullPlan
Civita App – For Residents: Civita Community Pro Civita Community Engage Residents can create issues from the Civita App 350 1000 Employees can create work orders from Civita Cloud Included Included Auto-assign work orders to field tech / employee Included Included Track history of work orders Included Included
Work orders show geo tagged location of images submitted Included Included Up to 5 images can be uploaded per work order Included Included Civita App – For Your Employees: Civita Community Pro Civita Community Engage Employees can create issues / work orders from Civita Field Service App Included Included
Reassign work orders to field tech / employee Included Included View assigned work orders Included Included
View work order details and location Included Included
Update work orders Included Included
Civita Cloud – Our Community Engagement Platform: Civita Community Pro Civita Community Engage Manage community engagement Included Included
Update banners and sliders on the app Manual API / Scraping Define issue categories Included Included
Update to manage community engagement Included Included Allow community members to create accounts Included Included GEO fence the allowable issue submission range Included Included Update community pages Manual API / Scraping
Ability to pull data from APIs or scraping data to reduce data entry Manual API / Scraping
Calendar Manual API / Scraping
* Text notifications to community members – issue status 2,500/month 5,000/month ** Email notifications to community members – issue status 30,000/month 70,000/month *** Storage 5 Gb 10 Gb
In-app push notifications Included Included
Automatic image recognition N/A Included
Advanced analytics N/A Included
Set-up and deployment $2,500.00 $5,000.00
(includes up to 15 hrs.) (includes up to 30 hrs.)

NOTE: * Additional Text: $0.035 • ** Additional Emails: $0.005 • *** Additional Storage: $0.35 per GB per month • *** Additional issues: $25 per 1,000 tickets per month***

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Rattle Tech LLC – Confidential 16
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Additional Service Hours:

Professional Services Rate Schedule: Rate
Project Management $ 110.00
Business Analyst / Consultant $ 95.00
Graphics / UX Designer $ 80.00
Software / Database Development $ 90.00

Select Plan:

Plan Summary One time
Set-up Fee Monthly Fee
Civita Community Pro 350 issues per month $2,500 $249.99 Civita Community Engage 1,000 issues per month $5,000 $499.99 APP - Order (GPC) Integration $3,000
CityWorks Integration $3,000

Following fields are included in Integration:

App Order (GPC ) Integration Details (Fields) CityWorks Integration Details (Fields) Issue Type Issue Type
Issue Subtype (surface) Issue Date / Time
Issue Date / Time Citizen Name, E-mail, Phone, etc.

Citizen Name, E-mail, Phone, etc. Citizen Issue Notes
Citizen Issue Notes Citizen Photos
Citizen Photos Status Update (Closed, Canceled, etc.)
Status Update (Closed, Canceled, etc.) Status Update Date/Time Status Update Date/Time

Note: Integration with other fields will be estimated separately.

Additional Options:

Option Details Fee
BetterServ.AI - Notifications - Geo-Fencing $99.99
BetterServ.AI – CHATBOT (ChatGPT Powered) Includes 3M Tokens $99.99 Additional Tokens Per million $25.00

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Rattle Tech LLC – Confidential 17
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Cost Estimate:

This estimate is based on managing 10,000 issues per month and includes integration with GPC and Cityworks. It also accounts for the availability of a mobile app Chatbot and geo alerts.

Plan Summary One time Set-up Fee Monthly Fee
Civita Community Engage 1,000 issues
per month $5,000 $499.99
Additional Issues $25 / 1000
issues $225.00
APP – Order (GPC) Integration $3,000
CityWorks Integration $3,000
Total $11,000 $724.99
Additional Option (Included in Cost Summary)
BetterServ.AI - Notifications - Geo-Fence Geo-fence notifications $99.99 BetterServ.AI – Chatbot (ChatGPT Powered) Includes 3M tokens $99.99

Summary of Costs
 Total One-Time Set-Up Fee (including integrations): $11,000  Total Monthly Cost: $924.97
Fee Schedule and Terms Estimate
Rattle Tech will charge the City of Santa Ana the following fees:

o Monthly Hosting and Support fee:
 Includes hosting cost.
 Includes bug fixes
 hours of additional support / traning per month. Based on plan.  Monthly fee billed at beginning of each month.
 Payment terms are Net 15.

The following table details the pricing for delivery of the services outlined in this proposal. This pricing is valid for 60 days from the date of this proposal:
 Set-up fee – bill on project initiation:
 Monthly hosting billing starts once the Service - Mobile App and Hosting service is available to test by the client.

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Rattle Tech LLC – Confidential 18
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

CERTIFICATIONS (ATTACHMENTS)

Below certifications and related documents have been uploaded to the Planet Bid Portal under the 'Attachments' section. Please refer to the file 'CityOfSantaAna_RFP_24-099A-CERTIFICATIONS-RattleTech.pdf' for details.

 Attachment A: Proposer’s Certification and Proposal Item Pricing  Attachment B: References
 Attachment C: Proposer’s Statement
 Attachment D: Non-Collusion Affidavit
 Attachment E: Non-Lobbying Certification
 Attachment F: Non-Discrimination Certification
 Attachment G: Sam.gov UEI Verification
 Attachment H: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary, Exclusion
 Attachment I: Functional Requirements Matrix

Team Resumes
Shashidhar V, CSM
Senior Technical Project Manager
Profile
Seasoned Senior Technical Project Manager with 15+ years of experience in overseeing complex IT projects and driving business process improvements. Expert in application architecture design and project leadership, with a proven ability to manage enterprise-level solutions, facilitate stakeholder communications, and deliver projects on time and within budget. Adept at leading cross-functional teams, performing gap analysis, and designing system enhancements to boost productivity and reduce costs.

Skillset:
 Process Improvement: Process Analysis & Redesign, Change Control Management  Project Management: Project Management & Tracking, Budgeting & Planning, Risk & Scope Management
 Technical Expertise: System Solution Architectures, Cost & Resource Estimates, Project & Delivery Methodologies
 Tools & Technologies: ASP.NET, C#, .NET Core, SQL Server, WCF, JavaScript, HTML, CSS, Agile/Scrum, Microsoft SharePoint
Career Highlights:
 Led a team of 30+ developers on projects with budgets up to $1M, from inception to completion.

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Rattle Tech LLC – Confidential 19
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

 Mentored staff who advanced to Project and Product Management roles.

Key Projects:
 Civita app: Architected a mobile engagement application enhancing community interaction with local governments. Integrated APIs with Cityworks, implemented AI-based image recognition, and utilized SendGrid and AWS for communication services  f8 Real Estate Media: Architected a cloud-based web/mobile application for managing real estate photography and media services. Implemented modules for affiliate and client management, image processing, and appointment scheduling.  Riverside/Los Angeles/Orange County District Attorney (NEXI): Developed a unified application combining various software components, including SOAP-based web services, XML data feeds, and CMS integration, adhering to NIEM standards.
 Astropak (ICMS): Architected a workflow system for scheduling and tracking jobs in cleanroom processing, utilizing barcode scanning and Agile methodologies for development and reporting.  Orange County Employees Association (OCEA): Revamped an underperforming enterprise project, improving use case definitions, database design, security implementations, and application performance.
 NAMMCal: Architected applications for tracking healthcare records using SharePoint and .NET technologies, with features including workflow management and automated reporting.  CompPartners Medical Management System (MMS): Developed a secure, customizable web services framework for medical account management, incorporating complex security models and automated workflow engines.

Certifications and Training
 PMP, Project Management Professional (In Progress)
 Certified Scrum Master (CSM)
 Microsoft Certified .NET Framework Developer (Web-based Client Development & Application Development Foundation)
 Microsoft Certified Office Project, Managing Projects

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Rattle Tech LLC – Confidential 20
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Isha K
Senior Team Leader
Profile:

Experienced Team Leader with over 15+ years of experience in directing workgroups, developing strategies, providing training, setting goals, and obtaining team feedback. Known for excellent interpersonal and communication skills, with a strong ability to communicate goals and vision effectively. Adept at problem-solving, networking, and building consensus.

Skillset:
 Languages/Frameworks: ASP.NET, C#, .NET Core, JavaScript  Web Technologies: Web APIs, MVC, Angular, jQuery
 Database: SQL Server
 Tools/Frameworks: LINQ, WCF, WPF
Key Projects:
 BetterServ AI: Spearheaded the development of advanced AI modules for seamless integration with both mobile and web applications. Architected solutions for sophisticated Chatbot functionalities, geofencing, and image recognition technologies. Integrated ChatGPT for enhanced conversational capabilities, enabling advanced user interactions and improved response accuracy.
 f8re: Led the backend development of a comprehensive real estate photography platform.

Designed and implemented robust systems for secure online payment processing, dynamic brochure generation with real-time data integration, virtual tour video production utilizing advanced video encoding techniques, and automated catalog creation through efficient data handling and API integration.
 Work Order Systems: Managed the development of a scalable backend system for the generation and management of online work orders. Developed and integrated modules for issue reporting, automated email notifications, and real-time status tracking with event-driven updates. Ensured system reliability and data consistency across multiple departments.  SigmaNet: Engineered a sophisticated tracking platform that facilitates customer interactions for exploring and generating quotations. Implemented user access controls and permissions to streamline account management, and integrated comprehensive quote verification processes.

Developed a backend infrastructure that supports complex querying and reporting functionalities for enhanced user experience and operational efficiency.

Education
 MCA –Master of Computer Applications
__________________________________________________________________________________

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Rattle Tech LLC – Confidential 21
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Raman
Flutter Developer & Project Manager
Profile:

Experienced Flutter developer with 10+ years in hybrid mobile application development, specializing in project management and team leadership. Successfully developed and deployed 60+ apps, focusing on user-friendly design, real-time tracking, and backend integration. Proficient in Dart, Firebase, REST APIs, Google Maps API, and secure payment systems.

Skillset:
 Flutter & Dart Development
 Firebase & REST API Integration
 Mobile UI/UX Design
 Payment Gateway Integration
 Project Management & Leadership
 Version Control (Git, GitLab, BitBucket)
Key Projects:
 311 Mobile Apps: Developed comprehensive 311 mobile applications for cities including Vineland, NJ; Roselle Park, NJ; Woodland Park, NJ; Marion, IN; Ontario, CA and more. These apps, available on both iOS and Android, feature Firebase integration to enable residents to submit non-emergency service requests and access city services easily.  Field Service Management: Developed a mobile app for city staff to efficiently manage and communicate about service issues, available on iOS and Android with Firebase integration.  Dining Experience Enhancement: Developed an app to optimize customer-service interactions in the hospitality industry.

Education:
 B.E. in Computer Science
Achievements:

Certificate of Appreciation for advancing education technology

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Rattle Tech LLC – Confidential 22
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Ramesh. D
Senior Backend and API Developer
Professional Summary
A seasoned Backend Developer with over 9+ years of experience in designing, developing, and maintaining web-based applications. Specialized in API development, database design, and cloud integration. Proficient in C#.NET, ASP.NET MVC, SQL Server, and AWS services, with a strong focus on delivering scalable and efficient solutions.

Skillset:
 Programming Languages: C#.NET, VB.Net
 Web Technologies: ASP.NET MVC, JQuery, Web API, ADO.NET, .NET Core, Angular  Database Management: SQL Server
 Cloud Services: AWS (Pinpoint, S3 Storage), Send Gird, Twillo  Tools & Frameworks: Entity Framework, LINQ, WCF
 External system Integrations – Cityworks, APP-Order, ESRI, Tyler Key Projects:
 311 Mobile Apps Backend: Developed and maintained backend services for 311 mobile SaaS application. Implemented Web API services and optimized database structures for scalable and efficient non-emergency service request handling.
 Field Service Management Backend: Engineered backend systems for a field service management app used by city staff. Implemented robust data handling processes and real-time updates to support efficient issue management and communication.  Clean Beam: Built backend services for a real estate platform delivering property information via Bluetooth beacons. Designed and managed database schemas to ensure effective data handling and system performance.
 Sparrin-X: Developed backend infrastructure for a platform connecting boxers, trainers, and managers. Focused on core application features and optimized database tables and stored procedures.
 Averiware Apps: Created backend services for a sponsorship management system, including real-time Google Maps integration. Engineered backend processes and optimized database design for dynamic updates and efficient data handling.  AlertALife: Designed and implemented backend APIs for an emergency alert application, including features for document sharing and event tracking. Managed data flow and ensured reliable backend functionality for emergency notifications.

Education Qualification:

Master of Computer Applications

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EXHIBIT C

SERVICE LEVEL AGREEMENT

City Council
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41 12/3/2024

SERVICE LEVEL AGREEMENT
A. Support Services: During the term of this Agreement, Rattle Tech LLC will provide the services described herein so as to maintain the Covered Software in good working order, keeping it free from material defects so that the Covered Software shall function properly and in accordance with the accepted level of performance.

Service Response.

1. Rattle Tech LLC will make available to City a telephone number and an e- mail address (the "Support HOTLINE") for City to use to request service or report an outage of the Covered Software.

2. The Support HOTLINE operates during business hours, 7:00 a.m. to 6:00 p.m.

PST, Monday through Friday, excluding legal holidays. Extended coverage is available for an additional fee.

3. The Support HOTLINE can also be used to notify Rattle Tech LLC of problems associated with the Covered Software and related documentation. Rattle Tech LLC will also make available a City support site with user accounts for City to submit requesting service tickets.

4. Bug or error shall mean any reported malfunction, error or other defect in the Covered Software that can be reproduced by Rattle Tech LLC and constitutes a non - conformity from the existing documentation or functionality that existed at the time the Covered Software was accepted by City.

B. Remedial Support. Upon receipt by Rattle Tech LLC of notice from Customer through one of the service request options of an error, defect, malfunction or nonconformity in the Covered Software, Rattle Tech LLC shall respond as provided below:

Severity 1: Produces an emergency situation in which the Covered Software is inoperable, produces incorrect results, or fails catastrophically.

RESPONSE: Rattle Tech LLC will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 1 problem as soon as reasonably possible, but in any event a response via telephone will be provided within one (1) hour. Rattle Tech LLC will continue to provide best efforts to resolve severity 1 problems in less than twenty-four (24) hours. The resolution will be delivered to City as a work-around or as a software fix. If Rattle Tech LLC delivers an acceptable fix, the case will be closed. If an acceptable work-around is delivered, the case severity level will be dropped to level 2.

City Council
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Severity 2: Produces a detrimental situation in which performance (throughput or response) of the Covered Software degrades substantially under reasonable loads, such that there is a severe impact on use; the Covered Software is usable, but materially incomplete; one or more mainline functions or commands is inoperable; or the use is otherwise significantly impacted.

RESPONSE: Rattle Tech LLC will provide a response by a qualified member of its staff to begin to diagnose and to correct a Severity 2 problem as soon as reasonable possible, but in any event a response via telephone will be provided within four (4) hours. Rattle Tech LLC will exercise its best efforts to resolve Severity 2 problems within three (3) days. The resolution will be delivered to City in the same format as Severity 1 problems. If Rattle Tech LLC delivers an acceptable work- around for a Severity 2 problem, the severity classification will drop to a Severity 3.

Severity 3: Produces an inconvenient situation in which the Covered Software is usable but does not provide a function in the most convenient or expeditious manner, and the user suffers little or no significant impact.

RESPONSE: Rattle Tech LLC will exercise their best efforts to provide to City an estimate of the effort to resolve the problem or may provide a simple workaround. Approved work will be performed as a part of standard system maintenance.

Severity 4: Produces a noticeable situation in which the use is affected in some way which is reasonably correctable by a documentation change or by a simple maintenance release from Rattle Tech LLC.

RESPONSE: Rattle Tech LLC will exercise their best efforts to provide to City an estimate of the effort to resolve the problem or may provide a simple workaround. Approved work will be performed as a part of standard system maintenance.

C. Planned System Maintenance

1. Rattle Tech LLC shall inform the Customer of any planned system maintenance at least three (3) days in advance.

2. All system maintenance shall be conducted during non-core business hours, specifically between 12:00 AM and 4:00 AM Pacific Time Zone (PT).

3. Rattle Tech LLC will make commercially reasonable efforts to minimize the duration of the maintenance and its impact on system availability.

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D. System Outage Detection & Notification

1. Rattle Tech LLC shall monitor the system for any service interruptions and will detect outages proactively.

2. In the event of a service outage, Rattle Tech LLC will notify the City by email or text message within 30 minutes of detection.

3. The notification will include the nature of the issue, any available details regarding the outage, and an estimated resolution time. If a resolution time is not immediately available, Rattle Tech LLC will provide regular updates to the Customer.

E. Maintenance Services. During the term of this Agreement, Rattle Tech LLC will maintain the Covered Software by providing software updates as necessary to City.

Updates will be provided on an as-ready basis and include the items listed below:

1. Bug fixes.

2. Make updates and customization based on the request from the City. (a) Updates do not include: extensions for different hardware platforms (b) extensions for different operating system platforms

F. Service Credits. In the event that the Service Rattle Tech LLC fails to meet any of the Service Level Commitments, the Service Rattle Tech LLC shall credit the Customer's account with a fair and reasonable amount of professional services hours.

The amount of such credit shall be determined by mutual agreement between Rattle Tech and the City, taking into account the severity and duration of the service interruption or performance degradation.

G. Exclusions: The Service Rattle Tech LLC shall not be liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including, but not limited to, acts of God, acts of government, fire, flood, strikes, labor disputes, riots, wars, terrorism, or other similar events.

City Council
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EXHIBIT D
CONSULTANT’S COST PROPOSAL
(including hourly rates if applicable)

City Council
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45 12/3/2024

Rattle Tech LLC – Confidential 15
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Cost Proposal

CIVTAAPP PLANS
Full Plan Comparison:
https://www.civitaapp.com/pricing/#fullPlan
Civita App – For Residents: Civita Community Pro Civita Community Engage Residents can create issues from the Civita App 350 1000 Employees can create work orders from Civita Cloud Included Included Auto-assign work orders to field tech / employee Included Included Track history of work orders Included Included
Work orders show geo tagged location of images submitted Included Included Up to 5 images can be uploaded per work order Included Included Civita App – For Your Employees: Civita Community Pro Civita Community Engage Employees can create issues / work orders from Civita Field Service App Included Included
Reassign work orders to field tech / employee Included Included View assigned work orders Included Included
View work order details and location Included Included
Update work orders Included Included
Civita Cloud – Our Community Engagement Platform: Civita Community Pro Civita Community Engage Manage community engagement Included Included
Update banners and sliders on the app Manual API / Scraping Define issue categories Included Included
Update to manage community engagement Included Included Allow community members to create accounts Included Included GEO fence the allowable issue submission range Included Included Update community pages Manual API / Scraping
Ability to pull data from APIs or scraping data to reduce data entry Manual API / Scraping
Calendar Manual API / Scraping
* Text notifications to community members – issue status 2,500/month 5,000/month ** Email notifications to community members – issue status 30,000/month 70,000/month *** Storage 5 Gb 10 Gb
In-app push notifications Included Included
Automatic image recognition N/A Included
Advanced analytics N/A Included
Set-up and deployment $2,500.00 $5,000.00
(includes up to 15 hrs.) (includes up to 30 hrs.)

NOTE: * Additional Text: $0.035 • ** Additional Emails: $0.005 • *** Additional Storage: $0.35 per GB per month • *** Additional issues: $25 per 1,000 tickets per month***

Cit\ CoXncil

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Rattle Tech LLC – Confidential 16
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Additional Service Hours:

Professional Services Rate Schedule: Rate
Project Management $ 110.00
Business Analyst / Consultant $ 95.00
Graphics / UX Designer $ 80.00
Software / Database Development $ 90.00

Select Plan:

Plan Summary One time
Set-up Fee Monthly Fee
Civita Community Pro 350 issues per month $2,500 $249.99 Civita Community Engage 1,000 issues per month $5,000 $499.99 APP - Order (GPC) Integration $3,000
CityWorks Integration $3,000

Following fields are included in Integration:

App Order (GPC ) Integration Details (Fields) CityWorks Integration Details (Fields) Issue Type Issue Type
Issue Subtype (surface) Issue Date / Time
Issue Date / Time Citizen Name, E-mail, Phone, etc.

Citizen Name, E-mail, Phone, etc. Citizen Issue Notes
Citizen Issue Notes Citizen Photos
Citizen Photos Status Update (Closed, Canceled, etc.)
Status Update (Closed, Canceled, etc.) Status Update Date/Time Status Update Date/Time

Note: Integration with other fields will be estimated separately.

Additional Options:

Option Details Fee
BetterServ.AI - Notifications - Geo-Fencing $99.99
BetterServ.AI – CHATBOT (ChatGPT Powered) Includes 3M Tokens $99.99 Additional Tokens Per million $25.00

Cit\ CoXncil

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Rattle Tech LLC – Confidential 17
659 W Woodbury Rd Altadena, CA. 91001
www.Rattle Tech.com

Cost Estimate:

This estimate is based on managing 10,000 issues per month and includes integration with GPC and Cityworks. It also accounts for the availability of a mobile app Chatbot and geo alerts.

Plan Summary One time Set-up Fee Monthly Fee
Civita Community Engage 1,000 issues
per month $5,000 $499.99
Additional Issues $25 / 1000
issues $225.00
APP – Order (GPC) Integration $3,000
CityWorks Integration $3,000
Total $11,000 $724.99
Additional Option (Included in Cost Summary)
BetterServ.AI - Notifications - Geo-Fence Geo-fence notifications $99.99 BetterServ.AI – Chatbot (ChatGPT Powered) Includes 3M tokens $99.99

Summary of Costs
 Total One-Time Set-Up Fee (including integrations): $11,000  Total Monthly Cost: $924.97
Fee Schedule and Terms Estimate
Rattle Tech will charge the City of Santa Ana the following fees:

o Monthly Hosting and Support fee:
 Includes hosting cost.
 Includes bug fixes
 hours of additional support / traning per month. Based on plan.  Monthly fee billed at beginning of each month.
 Payment terms are Net 15.

The following table details the pricing for delivery of the services outlined in this proposal. This pricing is valid for 60 days from the date of this proposal:
 Set-up fee – bill on project initiation:
 Monthly hosting billing starts once the Service - Mobile App and Hosting service is available to test by the client.

Cit\ CoXncil

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EXHIBIT E

FEDERAL CONTRACT PROVISIONS

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CITY OF SANTA ANA
Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient t o pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer

EXHIBIT III-A
FEDE

RAL REGULATIONS
City of Santa Ana
RFP No. 24-099A

City of Santa Ana
RFP No. 24-099A

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CITY OF SANTA ANA
or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60- 1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. l. Copeland Anti -Kickback Act - Recipient will comp ly, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
(1) Contractor – Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
(2) Subcontracts – Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
(3) Breach – A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141- 3144 and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.

City of Santa Ana
RFP No. 24-099A

City of Santa Ana
RFP No. 24-099A

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CITY OF SANTA ANA
Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

Addit
ionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comp ly, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyr ight - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the c
opyright in any work developed through this Agreement; and (2) any r
ights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

As des
cribed in Public Law 115-232, section 889, covered telecommunications equipment is:

City of Santa Ana
RFP No. 24-099A

City of Santa Ana
RFP No. 24-099A

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CITY OF SANTA ANA
(1) Tel
ecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For
the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Tel
ecommunications or video surveillance services provided by such entities or using such equipment.
(4) Tel
ecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The
contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Empl
oyment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

City of Santa Ana
RFP No. 24-099A

City of Santa Ana
RFP No. 24-099A

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CITY OF SANTA ANA
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) T
he contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) T
he contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be pr ovided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The cont
ractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) T
he contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) I
n the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such ot her sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) T
he contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

FOR PROPOSERS’ REFERENCE ONLY
City of Santa Ana
RFP No. 24-099A

City of Santa Ana
RFP No. 24-099A

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EXHIBIT xx

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

1. REQUIRED CO

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

EXHIBIT III -B

FEDERAL CONTRACT PROVISIONS (ARPA)
City of Santa Ana
RFP No. 24-099A

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(v) The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (vi) The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for City of Santa Ana
RFP No. 24-099A

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RFP No. 24-099A

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violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the app licant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
(c) Appendix II to Part 200 (D) – D
avis-Bacon Act: Not applicable to this Agreement
since it is funded by CSLFRF.
(d) Appendix II to Part 200 (D) – Cope land “Antti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.
(e) Appendix II to Part 200 (E) – C ontract Work Hours and Safety Standards Act:
(i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such la borer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.

Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant City of Santa Ana
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shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 (F) – R ights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) – Cl
ean Air Act and Federal Water Pollution Control
Act:
(i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued purs uant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.
(h) Appendix II to Part 200 (H) – Debarment and Suspension:
(i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
(iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant City of Santa Ana
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further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.
(i) Appendix II to Part 200 (I ) – B yrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. (j) Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:
(i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
(k) Appendix II to Part 200 (K) – §200.
216 Prohibition on Certain
Telecommunications and Video Surveillance Services or Equipment:
(i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this A greement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

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(2) Telecommunications or video surveillance services provided by such entities or using such equipment.
(3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
(ii) See Public Law 115-232, section 889 for additional information. (l) Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:
(i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts.
(ii) For purposes of this section:
(1) “Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
(2) ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S
BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.
(b) Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and City of Santa Ana
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(v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY

CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND

CONDITIONS
(a) Maintenance of and Access to Records. C onsultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing.

Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Cons
ultant agrees to comply with the
requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable fede ral statutes, regulations, and executive orders, including, without limitation, the following:
(i) Universal Identifier and System for Award Management (SAM), 2 C.F.R.

P
art 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.
(ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R.

Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.
(iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R.

Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
(iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part

20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

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(c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination.

Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:
(i) Title VI o f the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financi al assistance.
(ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
(iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance.
(iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amend ed (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
(d) False Statements.

Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
(e) Protections for Whistleblowers.
(i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. (ii) The list of persons and entities referenced in the paragraph above includes the following:
(1) A member of Congress or a representative of a committee of Congress;
(2) An Inspector General;
(3) The Government Accountability Office;
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(4) A Treasury employee responsible for contract or grant oversight or management;
(5) An authorized official of the Department of Justice or other law enforcement agency;
(6) A court or grand jury; or
(7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. P ursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pur suant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. T he Civil Rights
Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:
(i) Consultant ensures its current and future compliance with Title VI of the C
ivil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities re ceiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
(ii) Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improv e access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because o f their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964.

Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningfu l access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure ef fective communication in the Project.
(iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov.

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(iv) Consultant acknowledges and agrees that compliance with this assur ance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.
(v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).
(vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance revi ew activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on-site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency’s or court’s findings of non -compliance of Title VI and efforts to address the non- compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

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(x) If Consultant makes sub- awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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RattleTech LLC - Consultant Agreement - CAO
signed (003)
Final Audit Report 2024-11-13
Created: 2024-11-13
By: MELANIE TORRES ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAJBGWR3zZJIvjANv42IcIaujuACO9wxI6 "RattleTech LLC - Consultant Agreement - CAO signed (003)" H istory
Document created by MELANIE TORRES ([email protected]) 2024-11-13 - 7:10:00 PM GMT
Document emailed to Jack Ciulla ([email protected]) for signature 2024-11-13 - 7:10:23 PM GMT
Email viewed by Jack Ciulla ([email protected])
2024-11-13 - 7:30:11 PM GMT
Document e-signed by Jack Ciulla ([email protected]) Signature Date: 2024-11-13 - 7:30:33 PM GMT - Time Source: server Agreement completed.
2024-11-13 - 7:30:33 PM GMT

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Police Department
www.santa-ana.org/police
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Janitorial Services

AGENDA TITLE
First Amendment to Agreement with Allied Universal Janitorial Services (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the agreement with Allied Universal Executive Protection and Intelligence Services, Inc. dba Allied Universal Janitorial Services to provide janitorial services at the Police Department in the additional amount of $739,123, for a total aggregate amount not to exceed $2,972,646 through October 31, 2025 (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On October 5, 2021, the City Council approved a three-year agreement with Allied Universal Executive Protection and Intelligence Services, Inc. dba Allied Universal Janitorial Services (Allied) to provide janitorial services for the Santa Ana Police Department and Jail Facility (SAPD) in the amount of $2,233,523 after a competitive Request for Proposal process. The facilities combined are over 400,000 square feet and operate 24 hours, seven days a week. Allied also provides janitorial maintenance services at several off-site facilities, including the Westend Substation, Southeast Substation, etc.

The Request for Proposals and the agreement included options for the City to grant up to two 1-year renewals. Allied has provided satisfactory services to the Department during the past three years, in addition to the enhanced disinfection services requested during the COVID-19 pandemic. Due to the secure and sensitive nature of SAPD operations, all janitorial contract staff must also complete a background investigation.

Therefore, continuity from contract staff is important to maintain the facility’s superior professional appearance without disruption of services. As such, the City exercised the first renewal option to extend the contract for another year through October 31, 2025 via letter agreement.

The original agreement was also a closed shop agreement, requiring Allied to provide

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December 3, 2024

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only union member employees under the contract. Allied’s pricing for continued services is increasing effective January 1, 2025 by approximately 7.3%, in large part due to the collective bargaining benefits for its employees. Allied has agreed to maintain the current pricing level through the end of the 2024 calendar year.

Staff also anticipates that changes will be necessary during the term of this renewal period as the SAPD moves out of the current Centennial Training Facility and the Westend Substation will be moving to co-locate with the Santa Anita Santa Ana Police Athletic & Activity League program upon construction completion. Any addition or removal of off-site locations will be agreed upon in writing by Side Letter exercisable by the City Manager and City Attorney, and the costs for any new off-site locations will be covered by the remaining contingency amount included in the original agreement.

The first amendment to the agreement with Allied will increase compensation by $739,123 for services to be provided from November 1, 2024 through October 31, 2025, with a total aggregate amount not to exceed $2,972,646. Staff recommends approval of the amendment.

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

FISCAL IMPACT
The current fiscal year funding is available in the FY 2024-25 budget and future fiscal year funding will be included in the proposed budget for City Council consideration as follows:

Fiscal Year Accounting Unit
– Account No.

Fund
Description
Accounting Unit –
Account No.

Description
Amount
FY 24-25
(Nov.-Dec.) 01114403-62310 General Fund
Building and
Facility, Janitorial &
Housekeeping
$116,155
FY 24-25
(Jan.-June) 01114403-62310 General Fund
Building and
Facility, Janitorial &
Housekeeping
$373,781
FY 25-26
(July-Oct.) 01114403-62310 General Fund
Building and
Facility, Janitorial &
Housekeeping
$249,187
Total $739,123
*Note: Amounts rounded up or down to nearest dollar to equal total amount of contract. November and December 2024 total is based on 3rd Year pricing of original Agreement, Exhibit C.

The amounts above are estimated projections and are subject to change.

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EXHIBIT(S)

1. First Amendment with Allied Universal Janitorial Services Submitted By: Robert Rodriguez, Acting Police Chief
Approved By: Alvaro Nuñez, City Manager

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EXHIBIT 1

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Public Works Agency
www.santa-ana.org/public-works
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Purchase and Sale Agreement for 2235 South Bristol Street

AGENDA TITLE
Amend Purchase and Sale Agreement with Santana Green Development, LLC to Extend the Deadline to Open Business at 2235 South Bristol Street by 18 Months

RECOMMENDED ACTION
Authorize the City Manager to execute the first amendment to the agreement with Santana Green Development, LLC to extend the deadline to open for business to the public a drive-thru restaurant or fuel station with integrated electric vehicle charging station at 2235 South Bristol Street by 18 months (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
On December 21, 2021, the City Council authorized the City Manager to execute a purchase and sale agreement for the sale of remnants at 2235 South Bristol Street (Exhibits 1 and 2) to Santana Green Development, LLC (Developer). The deed transferring the property from the City to the developer was recorded on July 1, 2022.

The purchase and sale agreement (PSA) included a provision in Section 6.24 to ensure the timely development of the remnant property as a drive-thru restaurant or fuel station with an integrated electric vehicle charging station. This provision, referred to as the “Opening Covenant”, allowed for the City to buy back the property in the event the proposed development was not open for business within 30 months following close of escrow. The Opening Deadline, pursuant to the provisions of the PSA, would be January 1, 2025.

Although City staff and the Developer have worked diligently and cooperatively to advance the project, the current status of the development indicates that the intended opening date will not be met due to project refinements lengthening the development timeline.

The proposed agreement amendment (Exhibit 3) extends the allowable timeframe in the Opening Covenant from 30 months to 48 months, an increase of 18 months. This extension would provide sufficient time to complete the project entitlements process,

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Purchase and Sale Agreement for 2235 South Bristol Street December 3, 2024

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prepare and approve construction documents, finish construction, and open the business to the public. The project, including its conditional use permit, variance, and minor exception applications (CUP No. 2024-13, VA No. 2024-04, and ME No. 2024- 03), is scheduled for Planning Commission consideration at the next regularly scheduled meeting, as recommended by staff. In light of the project site’s unique complexities stemming from its irregular shape and position at the corner of two major arterial roadways, and the timeframe required to draft construction-level drawings for plan check, undergo the plan check process, and complete the construction process (Exhibit 4), staff recommends approval of the Recommended Action to extend the deadline to open the business to the public by 18 months, changing the opening deadline to July 1, 2026.

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

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

EXHIBIT(S)

1. Purchase and Sale Agreement – December 15, 2021

2. Location Map

3. Agreement Amendment

4. Project Site Plan and Evaluations
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

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EXHIBIT 1

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BRISTOL STREET

WARNER AVENUE

MAGNOLIA AVENUE
EXHIBIT 2
n.t.s

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8.1.24 CAB
1 FIRST AMENDMENT
TO

PURCHASE AND SALE AGREEMENT
THIS FIRST AMENDMENT TO PURCHASE AND SALE AGREEMENT (“First Amendment”) is made and entered into this 3rd day of December 2024 (“Effective Date”) by and between SANTANA GREEN DEVELOPMENT , LLC, a California limited liability company (“Buyer” or “Owner”) 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 (“Seller” or “City”). As used herein, Buyer and Seller may be referred to collectively as the “Parties” and each individually as a “Party.”

RECITALS
A. The Seller and Buyer entered into that certain Purchase and Sale Agreement dated the 15th day of December 2021 (“Agreement”) for the sale by the Seller to the Buyer of the City’s fee simple interest in that certain real prope rty consisting of app roximately 17,415 square feet located at 2235 S. Bristol Street (APN 015- 194-40) and 1211 W. Warner Street (APN 015- 194- 37), Santa Ana, California, legally described in Exhibit “A” attached h ereto and incorporated herein by this reference (the “Property”).

B. The close of escrow occurred on July 1, 2022 (“Close of Escrow”) and a grant deed was recorded transferring fee simple interest from the Seller to the Buyer, a copy of which is attached hereto as Exhibit “B” and incorporated herein by this reference (“Grant Deed”).

C. The Parties now desire to amend the Agreement in connection with certain conditions and covenants that survived the Close of Escrow.

NOW, THEREFORE, in co nsideration of the mutual covenants and agreements herein contained, and other good and valuable condition, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Incorporation of Recitals. The Recitals set forth above are true and correct and are incorporated into this First Amendment in their entirety.

2. Repurchase Right. Section 6.2.4 of the Agreement is hereby amended by deleting the first sentence of Section 6.2.4 and substituting the following in lieu thereof:
“6.2.4 Repurchase Right. Buyer hereby represents and guaranties that, subject to a Permitted Delay (as defined herein), Buyer’s tenant shall open for business to the public on the Property as a drive- thru restaurant or fuel station with an integrated electric vehicle charging (;+,%,7

City Council
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28 12/3/2024

8.1.24 CAB
2 station (the “Opening Covenant”) on or before the date that is forty-eight (48) months following the Close of Escrow (the “Opening Deadline”).

3. Consistency. Notwithstanding anything contrary contained in this Agreement, to the extent the terms and provisions of this First Amendment are inconsistent with, conflict with or are contrary to the terms and conditions of the Agreement the terms and conditions of this First Amendment shall govern and control.

4. Effect. Except as specifically amended herein, the terms, covenants and conditions of the Agreement are and shall remain in full force and effect and are binding and enforceable against Buyer and Seller.

IN WITNESS WHEREOF, the Parties hereto have duly executed this First Amendment as of the date and year first written above.

A TTEST CITY OF SANTA ANA
By:_____________________ By:______________________
Jennifer L Hall Alvaro Nunez
City Clerk City Manager
APPROVED AS TO FORM:

By:_____________________
Jonathan T. Martinez
Assistant City Attorney
RECOMMENDED FOR APPROV AL: SANTANA GREEN

DEVELOPMENT, LLC,
a California limited liability company
By:_____________________
Nabil Saba By:_____________________
Executive Director Print Name: ______________
Public Works Agency Title:____________________
APPROVED AS TO FORM:

By:_____________________________________________________________________________________ ________________________________________________________________________________________________________________ __ JoJoJJoJoJoJoJoJoJoJoJoJoJoJoJoJooJoJoJooJoJooJoJoJoJoJoJoJoJJoJoJoJoJJoJoJoJoJoJoJoJoJoJoJoJoJoJJoJoJoJoJoJJJJoJoJooJJoJoJJooJJJJJJoooooooJoJoJJJJoooJJJoJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJJ nathan T. Martinez Mehrdad Houriani
Manager
_________________________________ ______
nt Name:
ni
Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.11.18
09:43:14 -08'00'

City Council
11 –
29 12/3/2024

EXHIBIT A
/(*$/'(6&5,37,21

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30 12/3/2024






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EXHIBIT B
*5$17'(('

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EXHIBIT 4
NOTES:- GENERAL CONTRACTOR TO REFER TO CIVIL DRAWINGS FOR ON-SITEAND OFF-SITE WORK AND REQUIREMENTS.- COVERED PATIO FINISH - CONCRETE FINISH SHALL BE FLOATTROWELED WITH TRANSVERSE BRUSH AND STEEL FINISH. PROVIDE2" WIDE SMOOTH TROWELED DETAIL AT CONTROL JOINT. MOISTURECURE CONCRETE FOR MIN. 7 DAYS, AND APPLY 2 COATSPENETRATING SEALER TO FINISH. -
-
DRIVE-THRU LANE SHALL BE CONSTRUCTED OF 6" THICK NORMALWEIGHT CONCRETE PAVING THROUGHOUT.CONTRACTOR TO INSTALL FOOTINGS FOR TENANT PROVIDEDSIGNAGE AND BOLLARDS PER TENANT VENDOR PACKAGE.VACANTLOT 9431 HAVEN AVENUE, SUITE 212
RANCHO CUCAMONGA, CA 91730
P. 909.259.9971 | F. 909.944.8409
www.AmorArch.com

EXISTINGRESIDENCE
WEST COAST | CENTRAL | EAST COASTPATIOCOVER

C L I E N TEXISTING CURBAND GUTTER
EXISTING FENCE AND BLOCK WALL TO BERECONSTRUCTED AS A SOUND ABSORBINGBLOCK WALL OF AT LEAST 7' IN HEIGHT ANDTAPERED TO 3' IN HEIGHT ALONG THE 15'LANDSCAPE SETBACK. THE WALL TO BE A SPLITFACE CONCRETE BLOCK WALL. A WALL BREAKSHALL BE PROVIDED EVERY 20 FEET AND VINESSHALL BE SPACED OUT AT EVERY 10 FEET.

SOUTHWEST GROUPPROPERTIES, LLC

FUTURE CURB ANDGUTTER
15' SIGHT TRIANGLEAT DRIVEWAYNOTE: TRASH ENCLOSURE SHALL BEFUTURE PARKWAY 5' LANDSCAPEDSETBACK

PROPERTYLINE

CONSTRUCTED OF SOLID MASONRY MATERIALWITH DECORATIVE EXTERIOR SURFACE FINISHCOMPATIBLE TO THE MAIN BUILDING AND HAVEAN ARCHITECTURALLY COMPATIBLE SOLIDROOF/COVER FEATURE 714 S. PLYMOUTH BOULEVARDLOS ANGELES, CA 90005PHONE: (000) 000-0000FAX: (000) 000-0000

ACCESSIBLE PATHOF TRAVEL
15'-0"3' HIGH WALL
15'-0"3' HIGH WALL
(E) SHED 14'-4" N89°52'10"E 105.01'N89°52'10"E 75.00' L=3.63' R=103.00'D=0°12'07" C O N S U L T A N T"RIGHT TURNONLY" SIGN
NEW "NO LEFTTURN" SIGN
1:48 SLOPEMAX
1:48 SLOPEMAX "NO RIGHT TURN"SIGN17'-2" COVERED TRASHENCLOSURE 5' LANDSCAPESETBACK
DRIVEWAY ANDSTAGING AREATO WITHSTAND60,000 LBS.
(3) 3 YARDDUMPSTERS
40' X 16' STAGING AREA. NEW DRIVEWAYPER CITY OF SANTAANA STANDARDS.

ALL TRASH LOADING TOOCCUR AWAY FROMOVERHEAD POWERLINES. 8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 8'-6" ACCESSIBLE PATHOF TRAVEL 15' SIGHT TRIANGLEAT DRIVEWAY
7 12'-0" 10'-0" GREASE17'-2" LANDSCAPESETBACK
INTERCEPTOR 15' SIGHT TRIANGLEAT DRIVEWAY
HERRINGBONE STAMPEDAND COLORED CONC.
"RIGHT TURNONLY" SIGN15' SIGHT TRIANGLEAT DRIVEWAY

EV CAPABLEPARKING STALLS
CLEARANCE HEIGHTBAR AT 8'-6"
45' TRASH TRUCKTURN RADIUS
1'-9"

COVEREDPATIO NEW
PROPERTYLINE6
BUILDING1,205 S.F.
4'-0" 12'-0" 5' LANDSCAPESETBACK
17'-2" 12'-0" 4'-0" 12'-0" 5'-6" 9'-0" 9'-0" 8'-6" 9'-0" 9'-0" 9'-0" 5'-0" 12'-0" 2'-6" 9'-6" 30x48
N89°52'10"E 77.00' N89°52'10"E 108.91'

ACCESSIBLE PATHOF TRAVEL

ACCESSIBLE PATHOF TRAVEL LANDSCAPEDPARKWAYPAVED AREAFOR HANDHELDORDER

TRANSFORMERY-LANE MERGESIGNAGE

UTILITIES
7'-4"PRE-MENUBOARD
MENUBOARD107'-2" 109'-8"Y-LANE MERGESIGNAGE

ACCESSIBLE PATHOF TRAVEL

S T A M P
N89°52'10"E 53.09' N89°52'10"E 95.97'

CONTEMPORARYPERGOLA
8'-2" LANDSCAPESETBACK

PROPERTYLINE
8'-2" LANDSCAPESETBACK
(E) SIDEWALK25' SIGHT TRIANGLEAT INTERSECTION
2024.09.23 2025.08.31DATE SIGNED: RENEWAL DATE:SHEETS BEARING THIS SEAL AND WET SIGNATUREARE AUTHENTICATED. RESPONSIBILITY FOR ALLOLDER PLANS, SPECIFICATIONS OR INSTRUMENTSARE DISCLAIMED.R E V I S I O N S DATE2024-09-23PROJECT NUMBERA2164

S H E E T N U M B E RAS

1.2 SCALESITE PLAN - NEW 41" = 10'-0"C COPYRIGHT 2024 - DESIGNS, DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF THE DESIGN PROFESSIONAL. REPRODUCTION PROHIBITED WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE DESIGN PROFESSIONAL.

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38 12/3/2024

GENERAL NOTES
PS-2
RS-2
PS-2
RS-2
MT-1 SP-1 PS-1 MT-1 SG-1 MT-1 SP-1 PS-1 MT-1 SG-1 1
2 G.C. TO SUPPLY PAINT SAMPLES FOR APPROVAL PRIOR TO PAINTINGPROVIDE BLOCKING AS REQUIRED FOR ALL INSTALLATION OF SIGNAGE, TYP.KNOX BOX MOUNTED 4'-0" TO 6'-0" A.F.F. MODEL #3200 RECESSED WITHHINGED DOOR AND TAMPER SWITCH TIED INTO THE BUILDINGS FIREALARM AND/OR SECURITY ALARM SYSTEM. 3 +19'-6" +19'-6"T.O. PARAPET T.O. PARAPET

LEGEND - EXTERIOR FINISHES
+16'-6"T.O. PARAPET
+16'-6"T.O. PARAPET
SOLID PHENOLIC PANELSMFR: STONEWOOD ARCHITECTURAL PANELSCLR: 6404-AA WASHINGTON CHERRY +13'-0"T.O. ROOF DECK
+13'-0"T.O. ROOF DECK
--SP-1
RS-1
RS-2
9431 HAVEN AVENUE, SUITE 212
RANCHO CUCAMONGA, CA 91730
P. 909.259.9971 | F. 909.944.8409
www.AmorArch.com
A8.2HORIZONTAL SIDINGMFR: RESYSTA - 6" DECO PROFILE - RESDP340612CLR: DARK SIAM --+10'-0"B.O. CANOPY
A8.3 WEST COAST | CENTRAL | EAST COASTVERTICAL SIDINGMFR: RESYSTA - CLADDING 1 CHANNEL THICK AL - RESGCI11211212CLR: DARK SIAM -- C L I E N TA8.4MENUBOARD
GL-1 SOUTHWEST GROUPPROPERTIES, LLC
PAINTED STUCCO (SAND FINISH)CLR:

PS-1
PS-2
PM-1
CP-1
PAINTED STUCCO (SMOOTH FINISH)CLR: DARK SIAM0'-0" 0'-0"FINISH FLOOR FINISH FLOOR 714 S. PLYMOUTH BOULEVARDLOS ANGELES, CA 90005PHONE: (000) 000-0000FAX: (000) 000-0000 PAINTED MURAL OVER PS-1 FINISHCLR: MULTINEW CANOPY (C-CHANNEL FRAME)PAINTED DARK JAVA w/ NEW A-3 RECESSED LIGHTSSP-1 LT-1 PS-1 GL-1 RS-1 CP-1 LT-1 RS-1 SF-2 WN-2
RS-1 CP-1 RS-1 GL-1 PT-1 RS-1 GL-1 STOREFRONT GLAZING SYSTEM GL-3 FROSTED GLAZING

C O N S U L T A N T
LT-1 SAFETY LIGHT FIXTURE (WESLY 1 LIGHT LED OUTDOOR 49278AZTLED) MT-1 METAL FLASHING - PAINT: DARK JAVA
PT-1 PAINT - COLOR: DARK JAVA, DOOR/S AND FRAME
SG-1 EXTERIOR SIGNAGE

SCALE SCALE
1/4" = 1'-0"

EXTERIOR ELEVATION - NORTH
8 EXTERIOR ELEVATION - WEST
5 6
7 1/4" = 1'-0"
SF-1 DRIVE THRU SHELFPS-2 PS-2
RS-2
WN-1 DRIVE-THRU WINDOW SYSTEM
SF-2 WALK-UP SHELF
SG-1 RS-2 MT-1 PS-1 MT-1 SP-1 MT-1 PS-1 SG-1 MT-1 SP-1
WN-2 WALK-UP WINDOW SYSTEM+19'-6"T.O. PARAPET
+19'-6"T.O. PARAPET+19'-0"T.O. PARAPET
+19'-0"T.O. PARAPET+16'-6"T.O. PARAPET
DRIVE THRU +13'-0"T.O. ROOF DECK
+13'-0"T.O. ROOF DECK+10'-0"B.O. CANOPY
+10'-0"B.O. CANOPY
0'-0"FINISH FLOOR
0'-0"FINISH FLOOR
CP-1 LT-1 PT-1 PT-1 LT-1 GL-3 LT-1 LT-1 PS-1 CP-1 LT-1 PM-1 LT-1 PS-1 LT-1 CP-1 SF-1 WN-1
SP-1

SCALE SCALEEXTERIOR ELEVATION - SOUTH
9 EXTERIOR ELEVATION - EAST
1/4" = 1'-0" 1/4" = 1'-0" S T A M P
2024.09.23 2025.08.31DATE SIGNED: RENEWAL DATE:SHEETS BEARING THIS SEAL AND WET SIGNATUREARE AUTHENTICATED. RESPONSIBILITY FOR ALLOLDER PLANS, SPECIFICATIONS OR INSTRUMENTSARE DISCLAIMED.R E V I S I O N S DRIVE-THRU DATE2024-11-04PROJECT NUMBERA2164
S H E E T N U M B E RA4
.1
SCALE SCALEEXTERIOR ELEVATION W/ PERGOLA - SOUTH 10 EXTERIOR ELEVATION W/ PERGOLA - WEST 1/4" = 1'-0" 1/4" = 1'-0"C COPYRIGHT 2024 - DESIGNS, DRAWINGS AND SPECIFICATIONS ARE INSTRUMENTS OF SERVICE AND ARE THE PROPERTY OF THE DESIGN PROFESSIONAL. REPRODUCTION PROHIBITED WITHOUT THE EXPRESSED WRITTEN CONSENT OF THE DESIGN PROFESSIONAL.

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39 12/3/2024

Public Works Agency
www.santa-ana.org/public-works
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Municipal Facilities License Agreement

AGENDA TITLE
Municipal Facilities License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California Limited Partnership

RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California limited partnership, for the use of street lights for the installation of wireless devices other than small cell for a ten-year period, with provisions for two automatic five-year extensions (Agreement No. A-2024-XXX).

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Federal Communications Commission (FCC) and the Santa Ana Municipal Code (SAMC) establish rules and regulations for telecommunications companies installing, modifying, and operating wireless communication network devices on City-owned facilities within the public right-of-way (primarily street light poles). Wireless communications network devices are used by telecommunication companies to improve service area coverage without the need for new traditional large wireless towers and antennas. The City has an existing agreement with Los Angeles SMSA Limited Partnership (Verizon Wireless) for the installation of devices that meet the FCC definition as “small-cell” wireless devices. The proposed agreement will allow for the installation of other types of wireless devices with similar terms and conditions.

Telecommunications companies are required to enter into City Council-approved master Municipal Facilities License Agreements (MFLA) that outline the general terms and conditions for installing, modifying, and operating equipment on City-owned facilities in the public right-of-way. The MFLA allows for subsequent, administratively approved, individual site specific license agreements (supplemental license agreements) which specify the details for equipment at specific locations. Typically, telecommunication companies’ network devices exist on City street light poles. If approved, a site-specific license is issued for the proposed location and fees collected for the use of a City- owned facility within the public right-of-way. The proposed agreement will allow Verizon Wireless to install and maintain non-small-cell wireless devices on City-owned street lights in accordance to the provisions in the agreement, the site-specific license, and in

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1 12/3/2024

Municipal Facilities License Agreement
December 3, 2024

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accordance to the previously established City’s Wireless Communication Installation Guidelines. Non-small-cell and small-cell communication devices have a similar appearance and dimensions, making them virtually indistinguishable to the average person. However, they differ significantly in their communication technology.

The City generates revenue for each site license application and executed agreement.

Under the proposed MFLA an initial application fee of $1,964 will be collected for each licensed location during FY 24-2025, after which the fee will be adjusted based on the City Council-adopted Miscellaneous Fee Schedule for future fiscal years. Additionally, an annual license fee of $1,500 shall apply and be subject to an annual increase of 3% applied on each anniversary of the effective date, December 3.

Staff recommends the approval of the Municipal Facilities License Agreement with Verizon Wireless (Exhibit 1), to allow for this company to install and modify non-small- cell wireless devices as allowed by the FCC and as regulated by the SAMC.

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

FISCAL IMPACT
The agreement will commence on December 3, 2024 and expire December 2, 2034.

Revenues from the agreement will be deposited in the accounts listed below and will be budgeted for expenditure in future fiscal years.

Fiscal
Year
Accounting Unit
– Account No.

Fund
Description
Accounting Unit,
Account Description Amount
2024-25 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2024-25 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2024-25 10117002-53740
Public Works-
Admin &
Planning
Public Works-Admin
Services Revenues,
Small Cell App Fee for
City Facilities
$1,350
2024-25 10117002-56305
Public Works-
Admin &
Planning
Public Works-Admin
Services Revenues,
Engineering Service
Charge
$1,964
2025-26 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292

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2 12/3/2024

Municipal Facilities License Agreement
December 3, 2024

4 6
9 5
2025-26 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2026-27 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2026-27 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2027-28 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2027-28 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2028-29 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2028-29 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2029-30 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2029-30 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2030-31 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2030-31 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2031-32 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2031-32 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2032-33 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292

City Council
12 –
3 12/3/2024

Municipal Facilities License Agreement
December 3, 2024

4 6
9 5
2032-33 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
2033-34 01117002-53741 General Fund
Public Works Revenues,
Small Cell Compliance
Inspection Fee
$292
2033-34 01117002-53752 General Fund
Public Works Revenues,
Small Cell Initial License
Fee
$1,500
TOTAL $21,234
EXHIBIT(S):

1. Municipal Facilities License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, a California limited partnership Submitted By: Nabil Saba, P. E. Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

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December 3

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Nabil Saba
Digitally signed by Nabil
Saba
Date: 2024.11.13
10:55:04 -08'00'

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25 12/3/2024

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26 12/3/2024

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Public Works Agency
www.santa-ana.org/public-works
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Lighting at Angels Park, Centennial Park, and Delhi Park

AGENDA TITLE
Agreement with RMF Contracting, Inc. dba R&M Electrical Contracting to Provide Lighting at Angels Park (No. 22-1421), Centennial Park (No. 22-1422), and Delhi Park (No. 22-1423) (Non-General Fund) (Revive Santa Ana)

RECOMMENDED ACTION

1. Approve an appropriation adjustment recognizing $187,665 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31213002-50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31213260- 66220). (Requires five affirmative votes)

2. Approve an appropriation adjustment recognizing $82,058 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31313002- 50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31313260-66220). (Requires five affirmative votes)

3. Approve an appropriation adjustment recognizing $29,066 of accumulated fund balance in Acquisition and Development, Prior Year Carry Forward revenue account (31413002- 50001) that will be appropriated for spending in the Acquisition and Development, Improvements Other Than Buildings expenditure account (31413260-66220) (Requires five affirmative votes).

4. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,748,789 in construction funds for the Angels Park Lights (Project No. 22-1421), Centennial Park Lights (Project No. 22-1422), and Delhi Park Lights (Project No. 22-1423) funded by the American Rescue Plan Act (ARPA).

5. Award an agreement with RMF Contracting, Inc. dba R&M Electrical Contracting to provide Lighting at Angels Park, Centennial Park, and Delhi Park, in an amount of $1,589,808, with a contingency of $158,981 for a total estimated project delivery

City Council
13 –
1 12/3/2024

Lighting at Angels Park, Centennial Park, and Delhi Park December 3, 2024

4 6
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cost of $1,748,789, beginning December 3, 2024 and expiring December 2, 2027, with the option for one, two-year extension (Agreement No. A-2024-XXX).

6. Determine the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2024-103 was filed for this project.

GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Public Works Agency (PWA)’s Parks, Fleet, and Facilities Division oversees Angels, Centennial, and Delhi Parks, which operate as multifunctional open spaces for local sports and citywide events. Together, these parks encompass more than 80 acres, providing leisure, recreation, and entertainment opportunities for residents and visitors.

In collaboration with the Parks, Recreation, and Community Services Agency (PRCSA) staff, PWA staff evaluated the lighting in these parks identifying a need for improvements supporting evening activities while enhancing the safety of the parks’ patrons. As a result, staff recommends installing Musco Sports Lighting, LLC luminaires and modifying existing light poles to accommodate new aerial lighting. The upgrade will significantly improve visibility during nighttime field operations and enhance illumination along pathways for residents and visitors. The proposed work also includes replacing existing lights with energy-efficient Musco LED fixtures, which come with a 25-year warranty, thereby reducing long-term maintenance costs. Additionally, the new lighting will offer better directional capabilities, minimizing light pollution for nearby resident homes.

Request for Proposals (RFP) No. 24-106A was issued on September 10, 2024 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
128 Vendors Notified
9 Santa Ana Vendors Notified
51 Vendors Downloaded the RFP Packet
2 Proposals Received
0 Proposals Received from Santa Ana Vendors
Proposals were solicited, opened on October 1, 2024, and evaluated. Two proposals were submitted by the RFP deadline and both were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP.

Based on the criteria outlined in the RFP, the following summarizes the responding firms and their rankings:

City Council
13 –
2 12/3/2024

Lighting at Angels Park, Centennial Park, and Delhi Park December 3, 2024

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Firm Location Rank
RMF Contracting Inc. dba R&M
Electrical Contracting
Anaheim, CA 1
ACE Electric San Diego, CA 2
Staff recommends awarding the agreement to the highest-ranked firm, RMF Contracting Inc. dba R&M Electrical Contracting (Exhibit 1). The selected proposal demonstrated a strong understanding of the project’s needs, provided the best, most responsive proposal, understood the project goals, described ample experience working with municipalities (including the City of Santa Ana), and provided the most reasonable and competitive pricing for their respective categories.

ENVIRONMENTAL IMPACT
Pursuant to the California Environment Quality Act (CEQA), the recommended actions are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption Environmental Review No. ER-2024-103 was filed for this project.

FISCAL IMPACT
With the approval of the requested appropriation adjustments, a portion of the accumulated fund balances will be appropriated for spending in the Residential Development Districts, Improvements Other Than Buildings account (Exhibit 2). The spendable portion of the Residential Development District 2 fund balance is estimated to be $3,523,055 as of June 30, 2025; the spendable portion of the Residential Development District 3 fund balance is estimated to be $257,968 as of June 30, 2025; and the spendable portion of the Residential Development District 4 fund balance is estimated to be $76,230 as of June 30, 2025. The available fund balance is sufficient to support the recommended appropriation adjustments of $187,665, $82,085, and $29,066, respectively. These funds will be budgeted and made available for this item in the accounts listed below.

Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit, Account
No. Description Amount

EXISTING BUDGET
2024-25
18117013-
66220
(22-1421)
American
Rescue Plan
Act (ARPA)
ARPA-PWA, Improvements
Other Than Buildings $338,760
2024-25
18117013-
66220
(22-1422)
American
Rescue Plan
Act (ARPA)
ARPA-PWA, Improvements
Other Than Buildings $290,660

City Council
13 –
3 12/3/2024

Lighting at Angels Park, Centennial Park, and Delhi Park December 3, 2024

4 6
9 8
Fiscal
Year
Accounting
Unit - Account
No.
(Project No.)
Fund
Description
Accounting Unit, Account
No. Description Amount
2024-25
18117013-
66220
(22-1423)
American
Rescue Plan
Act (ARPA)
ARPA-PWA, Improvements
Other Than Buildings $820,580
Sub-Total $1,450,000

APPROPRIATIONS ADJUSTMENTS
2024-25
31213260-
66220
(22-1421)
Residential
Development
District 2
Acquisition & Development,
Improvements Other Than
Buildings
$187,665
2024-25
31313260-
66220
(22-1423)
Residential
Development
District 3
Acquisition & Development,
Improvements Other Than
Buildings
$82,058
2024-25
31413260-
66220
(22-1422)
Residential
Development
District 4
Acquisition & Development,
Improvements Other Than
Buildings
$29,066
Sub-Total $298,789
TOTAL $1,748,789

EXHIBIT(S)

1. Agreement with RMF Contracting, Inc. dba R&M Electrical Contracting

2. FY 2024-25 Capital Improvement Project Sheet
Submitted By: Nabil Saba, P.E. Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager

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4 12/3/2024

EXHIBIT 1

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City Council
13 –
12 12/3/2024

Digitally signed by Nabil
Saba
Nabil Saba Date: 2024.11.18
11:18:58 -08'00'

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13 12/3/2024

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CITY OF SANTA ANA FY 24/25CIP

CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:

To install and replace security lighting poles with concrete poles and new LED light structures at Angels Park, Centennial Park, and Delhi Park
PROJECT NEED:

Lighting in the parks are in need for improvement to enhance the safety of patrons and support evening activities.

PROJECT TITLE:

Park Lights at Three City Parks
PROJECT CATEGORY:

Utility/Drainage/Lighting
Improvements
Park Facility

LOCATION MAP
AGENCY: DIVISION: CONTACT: DATE:

Public Works Parks, Fleet & Facilities Mike Ortiz, Senior Civil Engineer 13-Nov-2024 PROJECT COSTS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 Construction 1,589,808 - - - - - -
Contingency 158,981 - - - - - -
TOTAL 1,748,789 - - - - - -
SOURCE OF FUNDS FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 FY 30/31 A & D District 2 298,789 - - - - - -
ARPA Funds 1,450,000 - - - - - -
TOTAL 1,748,789 - - - - - -
EXHIBIT 2

City Council
13 –
31 12/3/2024

Finance and Management Services
www.santa-ana.org/finance
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Municipal Securities Continuing Disclosure Policy and Procedures

AGENDA TITLE
Resolution Approving Revisions to the City’s Municipal Securities Continuing Disclosure Policy And Procedures

RECOMMENDED ACTION

1. Adopt a resolution approving revisions the City’s Municipal Securities Continuing Disclosure Policy and Procedures
RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA ANA APPROVING REVISIONS TO THE MUNICIPAL

SECURITIES DISCLOSURE POLICY AND PROCEDURES
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Finance and Management Services Agency (FMSA) oversees the continuing disclosure requirements pursuant to the U.S. Securities and Exchange Commission (SEC) Rule 15c2-12. Issuers of debt are required under most circumstances to provide financial and operating information on an annual basis with the Municipal Securities Rulemaking Board (MSRB) using the Electronic Municipal Market Access system (EMMA). The Santa Ana Issuers must comply with any required filings in a timely manner in accordance with their respective offering documents for the obligations.

Finance staff evaluates the City’s policy regularly with regard to industry standards and best practices. The policy was last approved by the City Council on June 21, 2016, and has since been reviewed by the City's financial advisor to ensure compliance with current financial standards and best practices. This policy and the associated procedures are intended to ensure that all fillings required under the rule are made timely and all requirements set forth in the Continuing Disclosures Undertakings are met.

The Municipal Securities Continuing Disclosure Policy and Procedures outlines the following:
•General principals

City Council
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1 12/3/2024

Municipal Securities Continuing Disclosure Policy and Procedures December 3, 2024

4 6
9 9
•Preparation of offering documents
•Preparation and documentation of annual reports
•Annual report filling process
•Reporting requirements
•Annual financial statements
•Record retention
Staff recommends that City Council adopt a resolution approving revisions to the City’s Municipal Securities Continuing Disclosure Policy and Procedures.

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

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

EXHIBIT(S)

1. Resolution
Submitted By: Kathryn Downs, Executive Director of Finance and Management Services
Approved By: Alvaro Nuñez, City Manager

City Council
14 –
2 12/3/2024

Resolution No. 2024-XXX

RESOLUTION NO. 2024-XXX

A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF

SANTA ANA APPROVING REVISIONS TO THE

MUNICIPAL SECURITIES DISCLOSURE POLICY

AND PROCEDURES

BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF SANTA ANA AS

FOLLOWS
Section 1. The City Council of the City of Santa Ana hereby finds determines and declares as follows:

A. The City of Santa Ana and its related entities issue mu nicipal bonds, notes, and other obligations ( “Obligations”) from time to time that are offered to the investing public.

B. Publicly offered debt obligations and securities, such as bo nds or certificates of participation, are offered pursuant to an Official Statement or other type of offering document t hat must comply with the “anti-fraud rules ” of the federal securities laws. ( “Antifraud rules” refers to Section 17 of the Sec urities Act of 1933 and Section 10(b) of the Securities and Exchange Act of 1934, and regulations adopted by the Securities and Exchange Commission under those Acts, particularly “Rule 10-b-5” under the 1934 Act.)
C. The City of Santa Ana determined that it would be proper in the management of its financial affairs to establish policies of the City and its related entitie s with respect to the preparat ion of disclosure documents and the continuing disclosure requirements related to the public offering Obligations.

D. On June 21, 2016, the City Council approved the Munici pal Secu rities Disclosure Policy and Procedures.

E. City staff has determined that revisions to the policy to maintain best practices are recommended. These revisions include changes to the obligations of the Disclosure Coordinator, training obligations and minor clerical changes.

Section 2. The City Council of the City of Santa Ana hereby approves and adopts the revised Munici pal Securi ties Disclosure Policy and Procedures, a copy of which is attached as Exhibit A.

Section 3. This resolution shall supersede and replace Resolution No. 20 16- 051.

EXHIBIT 1

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3 12/3/2024

Resolution No. 2024-XXX

Section 4. This Resolution shall take effect immed iately upon its adoption by the City Council , and the City Clerk shall attest to and certify the vote adopting this Resolution.

ADOPTED this 3rd day of December, 2024.
__________________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By: ____________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES: Councilmembers _______
NOES: Councilmembers ________
ABSTAIN: Councilmembers _______
NOT PRESENT: Councilmembers ______

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, City Clerk, Jennifer L. Hall do hereby attest to and certify that the attached Resolution No. 2024-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on ___________, 2024.

Date: _____________________
Jennifer L. Hall
City Clerk
City of Santa Ana

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4 12/3/2024

PURPOSE
The purpose of this Municipal Securities Disclosure Policy (“Policy”) is to memorialize and communicate the polic ies and procedures in connection with both the initial and annual continuing disclosure undertakings for municipal securities issued by the City of Santa Ana, California (the "City"), the Santa Ana Public Financing Authority, the Successor Agency to the Santa Ana Redevelopment Agency and certain community facility districts and assessment districts (collectiv ely, the "Santa Ana Issuers"). Adherence to the Policy will ensure compliance with federal securities law s, promote best practices, and enhance the City’s internal controls and control environment . In addition, the Policy will also establish a Continuing Disclosure Committee which will have general oversight of the disclosure process.

This Policy is subject to recommendations for improvements during the annual disclosure process. As such, the Executive Director of Finance & Management Services Agency (“Finance”) is authorized and has the responsibility to update, modify, and/or make recommended changes when appropriate.

BACKGROUND
The Santa Ana Issuers have issued and expect that they will in the future issue bonds, certificates of participation, notes o r other obligations (collectively, “Obligations”) which are offered to the investing public. Issuers of publicly offered municipal securities are required under most circumstances to provide certain financial and operating information on an annual basis to the Municipal Securities Rulemaking Board (MSRB) utilizing the database Electronic Municipal Mark et Access system (EMMA) to assist the underwriter of such municipal securities in complying with Rule 15c2 -12(b)(5) promulgated under the Securities and Exchange Act of 1934 (the “Rule”). The Santa Ana Issuers have covenanted or will covenant to assist such underwriters in complying with the Rule through the execution and delivery of continuing disclosure agreements or certificates (each, a "Continuing Disclosu re Undertaking") applicable to each issue of Obligations. The Santa Ana Issuers must comply with any required f ilings in a timely manner in accordance with its respective offering documents for the Obligations . This Policy and the associated procedures are intended to ensure that all filings required under the Rule are made timely and all requirements set forth in the Continuing Disclosure Undertakings are met.

The Rule requires that an underwriter, prior to purchasing or selling an issue of municipal securities in connection with a covered offering, determine that the issuer, and any other “Obligated Person” ( as defined in the Rule) for whom financial or operating data is presented in the official statement, has undertaken in writing to provide the following information to the MSRB using EMMA:

• By a specified date, annual financial and operating information for each Obligated Person for whom financial information or operating data is presented in the official statement (an "Annual Information Filing");

City of Santa Ana
Administrative
Policies and Procedures

City Manager’s Authorization

Subject
Municipal Securities Disclosure Policy & Procedures

Date
November 19, 2024

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5 12/3/2024

Municipal Securities Disclosure Policy & Procedures

November 19, 2024

• By a specified date, if available, audited annual financial statements for each Obligated Person ("Audited Financial Statements" and together with the Annual Information Filing, the “Annual Report”) and, if not available by the date required, unaudited financial statements with Audited Financial Statements;

• In a timely manner within 10 business days of occurrence, notice of the occurrence of one or more of the listed events described in the Rule (a "Rule 15c2-12 Event Notice"); and

• In a timely manner, notice of a failure of any Obligated Person required to make the Annual Information Filing and/or file the Audited Financial Statements on or before the date(s) specified in the Continuing Disclosure Undertaking ("Notice of Failure").

DISCLOSURE COMMITTEE
The Disclosure Committee (“Committee”) shall be responsible for the general oversight of the disclosure process, which includes:

A. Initial Offering Disclosure
• Participating in due diligence activities
• Reviewing each disclosure document
• Identifying subject matter reviewers (“Subject Matter Reviewers”) • Approving draft preliminary official statement before it is submitted to the City Council or such other legislative body of the respective Santa Ana Issuer B. Continuing Disclosure
• Periodically reviewing the Policy
• Periodically reviewing compliance difficulties and recommending changes • Waiving procedures when appropriate
The composition of the Committee shall include, but not limited to the following:
• Executive Director of Finance
• Assistant Director of Finance
• Accounting Manager
• Disclosure Coordinator
• Representative from the City Attorney’s Office (CAO)

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6 12/3/2024

Municipal Securities Disclosure Policy & Procedures

November 19, 2024

The Disclosure Coordinator shall be appointed by the Executive Director of Finance. The duties of the Disclosure Coordinator include:
• Oversee the preparation, drafting and dissemination of the annual filings and other event notices required by the Continuing Disclosure Undertakings.
• Coordinate the gathering of financial and operating data needed for preparation of the initial offering documents.
• Ensure compliance with the Policy
• Maintain a compliance file; and
Stay informed on requirements for the Continued Disclosure Undertakings, the timing required for disclosures, and any changes thereto.

GENERAL PRINCIPLES
In accordance with this Policy, any member of the Committee may raise potential disclosure concerns or issues at any time during the disclosure process (the “Process”). The Process is designed to facilitate the review of all disclosure and offering documents, including but not limited to, Continuing Disclosure Undertakings, Annual Information Filings , Audited Financial Statements , Rule 15c2 -12 Event Notices, Notices of Failure, official statements, preliminary official statements, fiscal agent agreements, trust agreements, and bond indentures for revisions, clarifications and/or improvements. Any other disclosure or offering documents that are not specifically listed shall be reviewed and verified during the Process.

PREPARATION OF OFFERING DOCUMENTS
The Committee and/or the Disclosure Coordinator shall coordinate the City's process for reviewing and commenting on the preliminary official statement (the “Preliminary Official Statement”). The drafts of the Preliminary Official Statement shall be reviewed by the Committee, Subject Matter Reviewers, financia l advisor, bond counsel, disclosure counsel and other assigned parties. The final draft of the Preliminary Official Statement shall be reviewed by the Executive Director of Finance and/or his/her designee and/or the Assistant Director of Finance and/or his /her designee prior to approval by the City Council, or such other legislative body of the respective Santa Ana Issuer. The Preliminary Official Statement and financing documents must be approved as discussion items on the agenda and may not be placed on t he consent calendar. The Preliminary Official Statement and the final official statement will not be finalized nor posted until all of the parties have signed-off.

PREPARATION & DOCUMENTATION OF ANNUAL REPORTS
The Disclosure Coordinator shall establish a disclosure calendar outlining the annual submission dates for the Annual Report required pursuant to each Continuing Disclosure Undertaking. Approximately 90 days before the submission date for each required filing established under such Continuing Disclosure Undertaking, the Disclosure Coordinator shall initiate the process of preparing the financial and operating information required to be submitted thereunder and shall assemble the information available at that time and determine the scope of addit ional information to be required. The Disclosure Coordinator shall also contact the third-party, engaged to complete the required filing, to establish a schedule for completion and submission of the Annual Report.

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7 12/3/2024

Municipal Securities Disclosure Policy & Procedures

November 19, 2024

Not less than 30 days before the submis sion date, the Disclosure Coordinator, in coordination with the Subject Matter Reviewers, shall prepare a draft submission of financial and operating information required to be included in the Annual Information Filing, highlighting any information still unavailable.

Additionally, the draft of the Annual Information Filing and Audited Financial Statements shall be submitted to CAO for review.

ANNUAL REPORT FILING PROCESS
The Disclosure Coordinator along with the Subject Matter Reviewers shall review the drafts of the Annual Reports. The Disclosure Coordinator shall make any changes recommended by the Committee and resubmit the Annual Information Filings . The Disclosu re Coordinator shall maintain and update the compliance files for each Continuing Disclosure Undertaking.

On or before the submission date established under each Continuing Disclosure Undertaking, the Disclosure Coordinator or the dissemination agent, if applicable, shall file the Annual Report with the MSRB using EMMA the Annual Inform ation Filing that includes any changes recommended by the Committee. If the Audited Financial Statements are not available, unaudited financial information shall be filed with the MSRB using EMMA and the Audited Financial Statements shall be filed within 1 0 business days of their receipt and acceptance.

LISTED EVENTS
The Rule also requires filing of a Rule 15c2 -12 Event Notice upon the occurrence of certain listed events described in the Continuing Disclosure Undertakings including rating changes. The Disclosure Coordinator shall coordinate the preparation and filing of any Rule 15c2-12 Event Notice to the MSRB using EMMA within 10 business days of occurrence of any such listed event.

The listed events most likely to occur on a regular basis relate to bond redemptions or defeasances of outstanding issues and rating changes.

REPORTING REQUIREMENTS
The Committee shall identify any incidents of non-compliance and prepare a report for the City Manager, Executive Director of Finance and the CAO. Such repo rt shall include recommendations to resolve any non-compliance with the respective Continuing Disclosure Undertaking.

AUDITED FINANCIAL STATEMENTS (COMPREHENSIVE ANNUAL FINANCIAL REPORT) The Committee shall review and provide feedback in the preparation of the Management Discussion & Analysis (MD&A) and the debt-related footnotes to the Audited Financial Statements. Additionally, the Committee along with the disclosure counsel shall compare the MD&A and related footnote sections to the Annual Information Filing and any Preliminary Official Statement being prepared at the time to ensure consistency.

RECORDS RETENTION
The Disclosure Coordinator shall maintain records with respect to the filings with the MSRB using EMMA, including, but not limited to, EMMA posting receipts showing dates and nature of contents of all filings for each issue of Obligations outstanding.

City Council
14 –
8 12/3/2024

Planning and Building Agency
www.santa-ana.org/planning-and-building
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
December 3, 2024
TOPIC: Short-Term Rentals Ordinance

AGENDA TITLE
Second Reading of Ordinance Amendment (OA) No. 2024-04 Repealing and Reenacting in its Entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) Prohibiting Short-Term Rentals (STRs)
First reading November 19, 2024 City Council meeting and approved by a vote of 6-1 (Mayor Amezcua dissenting)

RECOMMENDED ACTION
Conduct a second reading and adopt an ordinance amending the Santa Ana Municipal Code (SAMC) to add Article XXI to Chapter 8 of the SAMC prohibiting Short-Term Rentals.

ORDINANCE NO. NS-3072 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF SANTA ANA, CALIFORNIA, REPEALING AND REENACTING IN ITS ENTIRETY ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE

PROHIBITING SHORT-TERM RENTALS
GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
At the November 19, 2024 meeting, the City Council conducted a first reading of a standard ordinance repealing and reenacting in its entirety Article XXI to Chapter 8 of the Santa Ana Municipal Code (SAMC) prohibiting short-term rentals (STRs), and adopted enhanced fines for violations of the short-term rentals ordinance. The ordinance, approved 6:1 with Mayor Amezcua dissenting, requires a second reading.

The ordinance continues to reaffirm and clarify that short-term rentals, as defined therein, are and have not been permissible in Santa Ana. No changes to the ordinance were made by the City Council; a clean copy of the ordinance for second reading is attached to this report as Exhibit 1.

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1 12/3/2024

Short-Term Rentals Ordinance
December 3, 2024

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ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA), an addendum to the General Plan Update Environmental Impact Report (State Clearinghouse No. 2020029087) (GPU EIR) has been prepared for the Repeal and Reenactment of the Short-Term Rental Prohibition Ordinance. Under CEQA Guidelines Section 15164, an addendum to a previously certified EIR shall be prepared when a lead agency is asked to approve modifications to an existing project for which an EIR has already been certified. The addendum evaluates the proposed project within the context of the GPU EIR and determined that no subsequent environmental review was required. In accordance with State CEQA Guidelines, an addendum to the previously certified GPU EIR will be filed upon adoption of this ordinance.

The adoption of this Ordinance is also categorically exempt pursuant to State CEQA Guidelines Section 15301 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.” The Ordinance reaffirms existing policy and practice, prohibiting short-term rentals within the City, and the Ordinance would not result in a significant expansion of existing uses or former uses. The operational activities associated with the Ordinance would be typical of residential development. No development, redevelopment, or change to existing development type in the City is proposed or required to implement the Ordinance.

Further, none of the exceptions to the exemptions set forth under State CEQA Guidelines Section 15300.2 apply. There will be no significant cumulative impact of successive projects of the same type in the same place, over time, as this is the only Ordinance prohibiting short-term rentals. There is no reasonable possibility that the Ordinance will have a significant effect on the environment due to unusual circumstances because it is reaffirming the existing prohibition on short-term rentals.

The Ordinance will not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway, because the Ordinance does not propose any ground-breaking activity or construction, but instead continues the existing ban on short-term rentals. The Ordinance addresses a project type that is not located on a site which is included on any list compiled pursuant to Government Code section 65962.5. The Ordinance will not cause a substantial adverse change in the significance of a historical resource. Thus, the Ordinance also falls under the Class 1 categorical exemption, and no further environmental review is required.

On November 21, 2024, a Notice of Determination and Notice of Exemption were filed for the project.

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

City Council
15 –
2 12/3/2024

Short-Term Rentals Ordinance
December 3, 2024

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EXHIBIT(S)

1. Ordinance for Second Reading
Submitted By: Minh Thai, Executive Director of the Planning and Building Agency Approved By: Alvaro Nuñez, City Manager

City Council
15 –
3 12/3/2024

Ordinance No. NS-XXX

ORDINANCE NO. NS-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA,

CALIFORNIA, REPEALING AND REENACTING IN ITS ENTIRETY
ARTICLE XXI TO CHAPTER 8 OF THE SANTA ANA MUNICIPAL CODE

PROHIBITING SHORT-TERM RENTALS

WHEREAS, Article XXI of Chapte r 8 of the Santa Ana Municipal Code (“SAMC”), entitled “SHORT-TERM RENTALS” was adopted to preserve public peace, health, safety, and welfare by expressly prohibiting short -term rentals in the City of Santa Ana and to declare such uses as a public nuisance punishable under the SAMC; and WHEREAS, the City Council desires to repeal and reenact Article XXI of Chapter 8 of the SAMC and make additional findings for its short-term rental prohibition; and WHEREAS, the proliferation of online vacation rental websi tes such as Airbnb.com and vrbo.com have encouraged and enabled City of Santa Ana (“City”) property owners, tenants, and occupants to rent their local, residential properties on a short -term rental (“STR”) basis to travelers or transients; and
WHEREAS, the City Council desires to amend the SAMC to expressly prohibit STRs within the City, to reaffirm existing policy and practice, and to preserve the residential character of City neighborhoods and stem the negative, secondary effects caused by those uses; and WHEREAS, during the period beginning June 1, 20 23 to the present , the S anta Ana Police Department (“SAPD”) has received more than 250 calls for service and approximately 80 complaints related to the negative secondary effects of STRs in Santa Ana residen tial neighborhoods including but not limited to excessive noise, excessive alcohol use, parking problems, and fighting. These conditions constitute a public nuisance, threatening public health and safety and degrading the residential character of homes and neighborhoods; and WHEREAS, the City has limited police and staff resources, and these limited resources have been inordinately taxed by the need to respond to the calls for services and complaints related to the nuisance conditions created by STRs across the City; and WHEREAS, STRs also remove housing stock that could otherwise be available for long- term rental or for sale. Data collected from various STR platforms reveals that there are more than 700 STRs currently operating in Santa Ana. These 700 STRs are advertised in 1,760 listings across multiple platforms. The City’s Regional Housing Needs Allocation (RHNA) for 2021 - 2029 is 3,137 permanent housing units. The 700 STRs represent about 22 percent of the City’s RHNA housing needs, diverting a signific ant portion of available housing away from permanent residents; and,
WHEREAS, historically, the City has prohibited STRs under a permissive zoning theory, meaning that those uses expressly listed in SAMC Section 41 -190 of the Zoning Code (Chapter

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4 12/3/2024

Ordinance No. NS-XXX

41) are permissible and those not listed (including STRs) are prohibited, and this ordinance seeks to amend the SAMC to explicitly prohibit STRs in alignment with the City’s current practice and expectation, as well as compliance with recent court decisions that br ought into question the City’s ability to rely on the aforementioned section of the Zoning Code in specifically addressing STRs through the Code Enforcement process; and
WHEREAS, failure to amend the SAMC to address aforementioned negative impacts will threaten the health and safety of Santa Ana neighborhoods and residents, and leave City staff powerless to uphold and maintain the quality of life in the City; and WHEREAS, pursuant to the City’s police power, as granted broadly under Article XI, section 7 o f the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health, and welfare of the City and its residents; and
WHEREAS, the City Co uncil has determined that it is necessary for preserving the public peace, health, safety, and welfare to expressly prohibit short-term rentals within the City and to declare such uses as a public nuisance punishable under the SAMC; and WHEREAS, the City Council held a duly-noticed public hearing on November 19, 2024 to consider the first reading of this Ordinance.

THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS:

SECTION 1. Recitals. The recitals above are true, correct and each incorpo rated herein by reference and adopted as findings by the Santa Ana City Council (“City Council”)

SECTION 2. Repeal. Article XXI (Sections 8 -3400 – 8.3402) of Chapter 8 of the SAMC is hereby repealed in its entirety.

SECTION 3. Reenactment. Article XXI (Sections 8-3400 – 8-3402) of Chapter 8 of the SAMC is hereby reenacted in its entirety as follows:

ARTICLE XXI. – SHORT-TERM RENTALS

Sec. 8-3400. – Definitions.

The definitions set forth in this Section shall govern the application and interpretation of this Article:

(a) Home-sharing rental means the rental of a dwelling unit, or portion thereof, to a person or group of persons, for compensation whether monetary or otherwise, for lodging or sleeping purposes for a period of less than thirty (30) conse cutive calendar days while at least one of the dwelling unit’s owners lives on-site, in the dwelling unit, throughout the visitors’ stay.

City Council
15 –
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Ordinance No. NS-XXX

(b) Short-term or vacation rental means the rental to a person or group of persons of a dwelling unit, or portion thereof, for compensation whether monetary or otherwise, for lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days without concurrently being occupied by the property owner.

Sec. 8-3401. -Prohibited.

It shall be unlawful for any person or entity to: offer or make available for rent (via advertisement on a short-term or vacation rental website or otherwise) or to rent (by way of a rental agreement, lease, sublease, license, via a short -term or vacation rental website, or any other means, whether oral or written) for compensation or consideration a home-sharing rental, short-term or vacation rental for less than 30 days, pursuant to a rental agreement, lease, sublease, license, via a short - term or vacation rental website, or any other means, whether oral or written, for compensation or consideration, or maintain any advertisement of a home-sharing rental, short -term or vacation rental for less than 30 consecutive days.

Sec. 8-3402. -Violation; nuisance.

Any violation of this Article is unlawful, is hereby declared a public nuisance, and constitutes a misdemeanor punishable as set forth in Chapter 1 of the SAMC section 1-8. At the discretion of the City Attorney, a violation of this Article may be prosecuted as an infraction or misdemeanor.

In any civil action brought pursuant to this Article, a court of competent jurisdiction may awa rd reasonable attorney’s fees and costs to the prevailing party. Pursuant to Municipal Code Section 1-21, the City may issue an administra tive citation for any violation of this Article. Such administrative remedy may be exercised in place of, or in addition to, any administrative, criminal, civil, or equitable remedy allowed by law.

SECTION 4. Severability. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences , clauses, phrases or portions might subsequently be declared invalid or unconstitutional.

SECTION 5. CEQA Determination. State CEQA Guidelines section 15164 requires lead agencies to prepare an addendum to a previously certified EIR if some changes or ad ditions to the project are necessary, but none of the conditions requiring preparation of a subsequent or supplemental EIR are present. The City Council has reviewed and considered the General Plan Update EIR (State Clearinghouse No. 2020029087) (“GPU EIR ”), the Addendum to the GPU EIR, and finds that these documents taken together contain a complete and accurate reporting of all the potential environmental impacts associated with this Ordinance. The City Council finds that the Addendum has been completed in compliance with CEQA and the State CEQA Guidelines. The City Council further finds and determines that the Addendum reflects the City’s independent judgment.

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Ordinance No. NS-XXX

Based on the substantial evidence set forth in the record, including but not limited to the GPU EIR and the Addendum, the City Council finds that an addendum is the appropriate document for disclosing the changes to the GPU, and that none of the conditions identified in Public Resources Code section 21166 and State CEQA Guidelines section 15162 r equiring subsequent environmental review have occurred, because the Ordinance does not change or alter in any way the existing land use designations City -wide set forth in the General Plan Update and analyzed in the GP EIR. No development, redevelopment, or change to existing development type in the City is proposed or required to implement the Ordinance. The buildout of housing had previously been analyzed within the scope of the GPU EIR, and the Ordinance would not result in additional development of hou sing within the City. Based on these findings, the City Council makes the following findings:

a) The Ordinance does not constitute a substantial change that would require major revisions of the GPU EIR due to the involvement of new significant environmental effects.
b) There is not a substantial change with respect to the circumstances under which the Ordinance will be implemented that would require major revisions of the GPU due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects.

New information of substantial importance has not been presented that was not known and could not have been known with the exercise of reasonable diligence at the time the GPU was certi fied or adopted, showing any of the following: (i) that the modifications would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more sev ere than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the applicant declin ed to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those analyzed previously would substantially reduce one or more significant effects on the environment, but which the applicant declined to adopt.

The City Council approves and adopts the Addendum, attached hereto as Exhibit A.

The GPU EIR, the Addendum, and any other documents and materials that constitute the record of proceedings upon which these findings have been based are on file and available for public review at the Planning Division public counter located at 20 Civic Center Plaza, Santa Ana, CA 92701. The custodian of these records is the City Clerk of the City of Santa Ana.

In the alternative, the adoption of this Ordinance is categorically exempt pursuant to State CEQA Guidelines section 15301 – Class 1, Existing Facilities. Class 1 consists of the “operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, including negligible or no expansion of existing or former use.” Here, the Ordinance reaffirms existing policy and practice, prohibiting short-term rentals within the City and the Ordinance would not result in a significant

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expansion of existing uses or former uses. The operational activities associated with the Ordinance would be typical of residential development. No development, redevelopment, or change to existing development type in the City is proposed or required to implement the Ordinance. Further, none of the exceptions to the exemptions set forth under State CEQA Guidelines section 15300.2 apply. There will be no significant cumulative impact of successive projects of the same type in the same plac e, over time, as this is the only Ordinance prohibiting short-term rentals. There is no reasonable possibility that the Ordinance will have a significant effect on the environment due to unusual circumstances because it is reaffirming the existing prohibition on short -term rentals. The Ordinance will not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway, because the Ordinance does not propose any ground -breaking activity or construction, but instead continues the existing ban on short-term rentals. The Ordinance is not located on a site which is included on any list compiled pursuant to Government Code sect ion 65962.5. The Ordinance will not cause a substantial adverse change in the significance of a historical resource. Thus, the Ordinance falls under the Class 1 categorical exemption, and no further environmental review is required.

A Notice of Determi nation and Notice of Exemption will be filed and posted with State Clearinghouse and the County Clerk within five working days of the adoption of this Ordinance.

SECTION 6. Effective Date. This Ordinance shall become effective thirty (30) days after its adoption.

SECTION 7. Publication. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law.

ADOPTED this ___ day of __________________, 2024.

_______________________
Valerie Amezcua
Mayor

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APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney

_______________________________
Brandon Salvatierra
Deputy City Attorney

AYES: Councilmembers: ________________________________________

NOES: Councilmembers: ________________________________________

ABSTAIN: Councilmembers: ________________________________________

NOT PRESENT: Councilmembers: ________________________________________

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CERTIFICATE OF ATTESTATION AND ORIGINALITY

I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS - XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on _________________, 2024.

Date: ________________ ____________________________________ City Clerk
City of Santa Ana

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