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support services designed to help individuals and families maintain stable housing once they have moved into a home or are at risk of losing their housing. These services aim to prevent homelessness or repeated episodes of homelessness by addressing the root causes that may lead to housing instability. Supportive services aimed at breaking the cycle include short- and medium-term rental assistance to help youth at risk of eviction or homelessness, along with security deposit assistance to reduce financial barriers to move-in. Housing Navigation services will support participants in locating and applying for safe, affordable housing, while staff will also engage landlords, resolve tenancy issues, and provide move-in essentials such as furniture and household items. Each youth will receive individualized case management to help set and achieve goals related to housing, employment, health, and education. In addition, participants will benefit from life skills training in budgeting, cooking, cleaning, time management, and conflict resolution to support independent living. Employment support includes resume-building workshops, job readiness training, access to paid internships, and referrals to employment programs, all aimed at promoting long-term stability and self-sufficiency.
Providing both rental subsidies and support services together in one program will place youth in a better position to address the challenges that may have contributed to their homelessness.
The City released a Request for Proposal (RFP #24-067A) on May 7, 2024, to secure these specific services only for homeless youth. The RFP was posted on the City’s PlanetBids portal and 23 organizations were notified either because they had previously expressed interest or were identified by staff as potentially eligible. Several of these organizations are based in the City of Santa Ana. However, only one organization submitted a proposal in response to this RFP.
The City reviewed the submitted proposal and conducted a minimum threshold evaluation to ensure compliance with the RFP requirements. Following this evaluation, a Review Panel was formed consisting of staff from the Community Development Agency, and an in-person interview was conducted. The table below summarizes the results of the evaluation, providing the average score for the proposal.
Proposal Submitted By Average Score*
StandUp for Up Kids, Orange County 93.00
* Maximum score was 100 points
StandUp for Kids was the sole respondent to the RFP and submitted a comprehensive proposal to provide rapid rehousing and service coordination for homeless Transition Age Youth (TAY) and those at imminent risk of homelessness. The organization demonstrated a strong track record of working with youth experiencing housing instability, and their proposal reflected a clear understanding of the unique challenges faced by this population. Their application outlined a well-structured service model, including housing navigation, case management, employment support, and life skills development, aligned with the goals of the City’s homeless services strategy.
Additionally, StandUp for Kids provided evidence of existing partnerships, a qualified
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team, and the capacity to implement the program efficiently. Based on these strengths, their proposal was determined to be responsive to the RFP requirements and capable of meeting the intended outcomes.
The agreement with StandUp for Kids Orange County (StandUp for Kids) is designed to support a minimum of 28 homeless or at-risk Santa Ana youth between the ages of 18 to 24, by providing rapid re-housing and services coordination to help them transition from crisis to self-sufficiency and remain stably housed. StandUp for Kids will also bring $30,000 in leveraged funds and an additional $37,002 in matching funds from work provided by mentors, tutors, administrative staff, and in-kind donations.
The following outlines the specific assistance and services that will be offered:
Rapid Rehousing (RRH) Program
1.Rental Assistance
oProvides short- to medium-term rental subsidies to stabilize housing for youth and youth-headed families at risk of or experiencing homelessness.
2.Security Deposit Assistance
oCovers move-in costs, reducing financial barriers for youth entering rental housing.
3.Application Fees
oCovers application fees for rental units, which often pose a barrier to housing access.
4.Housing Navigation and Management
oIncludes assistance with locating safe, affordable housing; completing rental applications; engaging landlords; and providing move-in support (furniture, basic household items, etc.).
5.Program Management
oSupports staffing, coordination, and day-to-day management of the RRH program.
6.Overhead (De Minimis)
oAdministrative overhead for program operations.
7.Leveraged Funds – $30,000
oSUFK will contribute an additional $30,000 in matching or supplemental funds to support housing stability and service delivery.
Service Coordination Component
1.Coordination and Case Management
oStaffed by a Case Manager, Mentoring Manager, and Director. oProvides one-on-one support to develop and monitor individualized service plans focused on housing retention, education, employment, and well-being.
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2.Employment Navigation
oOffers job readiness training, resume workshops, and connections to employment opportunities and programs.
3.Participant Supports
oProvides essential needs such as food, hygiene items, transportation assistance, clothing, school supplies, and household goods.
4.Client Internships
o14 paid internships (7 per year) help youth gain job experience, build professional skills, and earn income.
5.Overhead (De Minimis)
oCovers indirect administrative costs.
These combined services are designed to not only place youth in stable housing but also to support their long-term success and self-sufficiency through intensive case management, life skills development, and employment preparation.
StandUp for Kids is devoted to preventing youth homelessness before it reaches a critical point. They will conduct weekly street outreach throughout the City in areas where homeless youth gather (e.g., malls, theaters, parks, campuses, etc.). StandUp for Kids will work to ensure the early identification of at-risk and foster youth by maintaining a large referral network with law enforcement, foster care agencies, healthcare agencies, hotlines, and youth organizations. StandUp for Kids is a current contractor with the City and is funded through Community Development Block Grant (CDBG) funds. Their existing program supports homeless students by providing a personalized path to self-sufficiency. A trained case manager and mentor from StandUp for Kids meets with each youth on campus twice a week, offering basic services, consistent adult mentorship, and academic tutoring to support graduation and long-term stability.
The program set an annual goal to serve 25 students and, as of the end of the third quarter, has already served 27—exceeding its performance target. Based on current performance and outcomes, StandUp for Kids has demonstrated effectiveness in delivering meaningful services to youth in need.
Although this organization does not have a physical location in the City, they are easily accessible by phone and through referrals and homeless referral networks.
StandUp for Kids will collaborate with county service agencies to efficiently source key services for clients and provide the City with additional options for serving homeless youth. Over the past 20 years, StandUp for Kids has established strong partnerships while serving homeless and at-risk youth in Orange County. They will partner with various county-wide agencies to identify Santa Ana at-risk youth in the City as early as possible, including OC 211, the OC TAY (Transition Aged Youth) Collaborative, the Orange County Human Trafficking Task Force, OC United to End Homelessness (through United Way), and CityNet. StandUp for Kids coordinates services through the Orange County Continuum of Care (CoC) and its Coordinated Entry System (CES), referring clients to CES's participating agencies, including emergency shelters, transitional living, rapid re-housing, and permanent supportive housing resources.
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Based on the scope of work, proposed budget, score, and review process conducted by the City, the Review Panel recommends entering into a two-year agreement with StandUp for Kids, for a total amount not to exceed $375,000 (Exhibit 1).
FISCAL IMPACT
Funding is available in the FY 2024-25 budget. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2025-26.
Fiscal
Year
Accounting
Unit-Account Fund Description Accounting Unit,
Account Description Amount
FY 24-25 12218718-
69135
Homeless Housing
Assistance and
Prevention Rnd. 4
HHAP-4,
Payment to Subagent
$375,000
Total: $375,000
EXHIBIT(S)
1. Agreement with StandUp for Kids Orange County
Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nuñez, City Manager
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HOMELESS HOUSING, ASSISTANCE AND PREVENTION PROGRAM
SUBCONTRACTOR AGREEMENT FOR RAPID RE-HOUSING
AND SERVICES COORDINATION BETWEEN ST AND UP FOR KIDS
AND THE CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between StandUp for Kids, a California nonprofit corporation ("Subcontractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City").
RECITALS
A. The State of California established the Homeless Housing, Assistance, and Prevention Program Round 4 ("HHAP-4" or "Program") pursuant to Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec. 4 (AB 140) Effective July 19, 2021.) The Program is administered by the California Homeless Coordinating and Financing Council ("HCFC") in the Business, Consumer Services and Housing Agency. HHAP-4 provides flexible block grant funds to Continuums of Care, large cities and counties to build on the regional coordination created through previous HCFC grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.
B. The City is the recipient of HHAP-4 funds from the State of California. In 2023, the City entered into an agreement with the State of California, Agreement Number 23-HHAP- 10015 receiving and recognizing $5,092,995.47 in HHAP-4 grant funds to be used by the City to reduce and end homelessness (collectively, "State HHAP-4 Contract"). A true and coITect copy of the State HHAP-4 Contract is attached hereto as Exhibit A and incorporated herein by this reference.
C. On May 7, 2024, the City issued a Request for Proposal No. 24-067 A ("RFP"), incorporated herein by reference as if set out in full, by which it sought a qualified subcontractor/consultant to provide special skills and knowledge in the field of Rapid Re Housing and Service Coordination under the Program. Subcontractor submitted a responsive proposal that was selected by the City.
D. In accordance with the Program, the City will collaborate with Subcontractor to implement a Rapid Re-Housing program together with Services Coordination to meet the needs of Santa Ana residents under the age of 25 who ae experiencing homelessness in the City of Santa Ana. Rapid Re-Housing provides time-limited rental assistance and services. The Services Coordination component provides various stabilization services.
E. Subcontractor has been made aware of the State HHAP-4 Contract and agrees to comply with the conditions of the State HHAP-4 Contract and he applicable State requirements governing the use of HHAP-4 grant funds.
F. In undertaking the performance of this Agreement, Subcontractor represents that it is knowledgeable in its field and that any services performed by Subcontractor under this
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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
Subcontractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete
the services described and set forth in Scope of Services - Exhibit B, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Subcontractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit C. The total amount to be expended during the term of this Agreement shall not exceed $375,000.00.
b. Payment by City shall be made within fo1ty-five ( 45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Subcontractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Subcontractor 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 Subcontractor's account(s) with financial institutions.
Payment need not be made for work which fails to meet the standards of performance set fo1th in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to a one 1-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. If the total compensation not to exceed $375,000 per Paragraph 2 is exhausted prior to end of the term of the Agreement, the Agreement shall te,minate at the time of the exhaustion of funds.
4. INDEPENDENT CONTRACTOR
Subcontractor shall, during the entire te1m of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Subcontractor perfo1ms the services which are the subject matter of this Agreement; however, the services to be provided by Subcontractor shall be provided in a manner consistent with all
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applicable standards and regulations governing such services. Subcontractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual prope11y 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 Subcontractor under this Agreement ("Documents & Data").
Subcontractor shall require all subcontractors to agree in writing that City is granted a non exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Subcontractor represents and warrants that Subcontractor has the legal right to license any and all Documents & Data. Subcontractor makes no such representation and waiTanty in regard to Documents & Data
which were provided to Subcontractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Subcontractor shall procure and maintain. And shall require any subcontractors to obtain and maintain, insurance as described below for the entire term of this Agreement against claims for injuries to persons or damage to property which may arise from or
in connection with services, products and materials
supplied to the City. Total cost of such insurance shall be borne by Subcontractor.
MINIMUM SCOPE OF INSURANCE
Subcontractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
I. Commercial General Liability (CGL): Insurance Services Office Form CG 00 0 l covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & adve11ising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary ad umbrella/excess insurance policies.
2. Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affomative coverage for sexual abuse or molestation, Subcontractor shall obtain and maintain a policy covering Sexual Abuse and Molestation within a limit of no less than $1,000,000 per occmTence or claim.
3. Automobile Liability (AL): Insurance Services Office Fo1m Number CA 00 01 covering any auto (Code 1), with limits no less than $1,000,000 combined single limits.
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In the event Subcontractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
4. Workers' Compensation (W/C): as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. Coverage is not required if Subcontractor has no employees and signs request to waive such insurance.
If the Subcontractor 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 Subcontractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and overage shall be available to City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Subcontractor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Subcontractor's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the te1ms of any policy which arise from work performed by Subcontractor under this Agreement.
3. For any claims related to this contract, Subcontractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Subcontractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten ( l 0) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Executive Director, Community Development Agency, 20 Civic Center Plaza M-25, Santa Ana, CA 92701. The name and location of event should 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 Subcontractor 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.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Subcontractor shall furnish the City with original certificates and amendato1y 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 to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Subcontractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Subcontractor 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 Subcontractor, 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 te1ms 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 te1ms of, or effects, arising from this Agreement. The Subcontractor further agrees to indemnify, hold haimless, 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 prope1ty 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 Subcontractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Subcontractor.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Subcontractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
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or documents provided by Subcontractor to the City pursuant to this Agreement.
9. RECORDS
Subcontractor shall keep records and invoices in connection with the work to be performed under this Agreement. Subcontractor shall maintain complete and accurate records with respect to the costs incuITed 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 Subcontractor under this Agreement. All such records and invoices shall be clearly identifiable. Subcontractor 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. Subcontractor 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 Subcontractor under this Agreement.
10. CONFIDENTIALITY
If Subcontractor receives from the City infonnation which due to the nature of such information is reasonably understood to be confidential and/or proprieta1y, Subcontractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential lnfotmation" shall include all nonpublic information. Confidential infonnation includes not only written info1mation, but also information
transferred orally, visually, electronically, or by other means. Confidential information disclosed to either pa,ty by any subsidiary and/or agent of the other paity 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 Subcontractor disclosed in a publicly available source; (c) is in rightful possession of the Subcontractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Subcontractor without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Subcontractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
12. NON-DISCRIMINATION
Subcontractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic info,mation, or militaiy 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
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Agreement. Subcontractor affoms that it is an equal oppottunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Subcontractor, 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 Subcontractor. The patties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the te1ms and conditions
hereof, shall not bind or obligate Subcontractor or
the City. Each patty to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any patty, or anyone acting on behalf of any party, which is not embodied herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Subcontractor, Subcontractor 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 wtitten consent shall be considered null and void.
Nothing in this
Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement perfotmed by City personnel or by other Subcontractors retained by City.
15. TERMINATION
This Agreement may be te1minated by the City upon thi1ty (30) days written notice of termination. In such event, Subcontractor shall be entitled to receive and the City shall pay Subcontractor compensation for all services perfo1med by Subcontractor 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 Subcontractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Subcontractor consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
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the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Subcontractor 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. Subcontractor shall notify the City immediately and in writing of its inability to obtain or maintain such pe1mits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for te1mination of this Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Executive Director,
Community Development Agency
City of Santa Ana
20 Civic Center Plaza (M-25)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-6956
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To Subcontractor:
Justine Palmore
Executive Director
StandUp for Kids
1055 El Camino Drive, Ste. E
Costa Mesa, CA, 92626
A pa11y may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, autho,ity and right to bind their respective pa11ies to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[ 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:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: �clu. {2JJ ii,A � -A.Jll.,
Andrea Garcia-Miller
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
�L:i Michael L. Garcia
Executive Director
Community Development Agency
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CITY OF SANTA ANA
Alvaro Nufiez
City Manager
SUBCONTRACTOR:
Name: tandUp for Kids Orange County
Title: Executive Director
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EXHIBIT A
STATE HHAP-4 CONTRACT
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STATE OF CALIFORNIA -DEPARTMENT OF GENERAL SERVICES ,-------------.....,..---------------.
STANDARD AGREEMENT
STD 213 (Rev. 04/2020)
AGREEMENT NUMBER
23-HHAP-10015
PURCHASING AUTHORITY NUMBER (If Applicable)
010725
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency
CONTRACTOR NAME
City of Santa Ana, Community Development Agency
2. The term of this Agreement is:
START DATE
6/15/2023
THROUGH END DATE
12/31/2027
3. The maximum amount of this 1,greemt:nt .,:-11
$5,092,955.47 (Five Million Ninety Two Thousand Nine Hundred Fifty Five Dollars and Forty Seven Cents)
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
Exhibits Title
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Disbursement Provisions
Exhibit C General Terms and Conditions
Exhibit D Special Terms and Conditions -
Exhibit E State of California General Terms and Conditions - Items shown with an astemk (•J, are hereby mcorporatea by relerence and made part ol t/1/S agreement as tf attached hereto.
These documents can be viewed at https://www.d9s.ca.9ov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual state whether a corporation, partnership, etc.) City of Santa Ana, Community Development Agency
CONTRACTOR BUSINESS ADDRESS
20 Civic Center Plaza, M-25
CITY
Santa Ana,
s-11-1-3
STATE
CA
Pages
8 3
10 2
1 ZIP
92701
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STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES ,------------�--------------, STANDARD AG REEM ENT AGREEMENT NUMBER PUROIASING AUTHORITY NUMBER (If Applcable) Sl0213(Rev.04/2020) 23-HHAP-10015 010725
STATE OF CALIFORNIA
CONTRACTING AGENCY NAME
Business, Consumer Services and Housing Agency
CONTRACTING AGENCY ADDRESS
500 Capitol Mall, Suite 1850
CITY
Sacramento I
STATE
I
ZIP
CA 95814
PRINTED NAME OF PE
R
SON SIGNING
Lourdes Castro Ramirez
C
��.w
AUTHORIZED SIGNATURE
CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL
TlTlE
Secretary
DATE SIGNED
Jun 15, 2023
EXEMPTION (If Applicable)
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Homeless Housing, Assistance, and Prevention Program Round 4 {HHAP-4) Standard Agreement
Contract for Funds
...
;_�- ·.· . . ...
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1) Authority
The State of California has established the Homeless Housing, Assistance, and Prevention Program Round 4 CUHHAP-4" or "Program") pursuant to Chapter 6 (commencing with Health and Safety Code (HSC) section 50216) of Part 1 of Division 31 of the Health and Safety Code. (Amended by Stats. 2021, Ch. 111, Sec.
4. (AB 140) Effective July 19, 2021.)
The Program is administered by the California lnteragency Council on Homelessness ("Cal ICH") in the Business, Consumer Services and Housing Agency ("Agency"). HHAP-4 provides flexible block grant funds to Continuums of Care, large cities (population of 300,000+) and counties to build on the regional coordination created through previous Cal ICH grant funding and support local jurisdictions in their unified regional responses to reduce and end homelessness.
This Standard Agreement/Contract for Funds along with all its exhibits ("Agreement") is entered into by Cal ICH and a Continuum of Care, a city, or a county ("Grantee") under the authority
of, and in furtherance of the purpose of, the Program. In signing this Agreement and thereby accepting this award of funds, the Grantee agrees to comply with the terms and conditions of this Agreement, and the requirements appearing in the statutory authority for the Program cited above. 2) Purpose
The general purpose of the Program is to (1) reduce homelessness by expanding or developing local capacity to address immediate homelessness challenges informed by a best-practices framework focused on moving homeless individuals and families into permanent housing and supporting the efforts of those individuals and families to maintain their pennanent housing; and (2} continue to build on regional coordination developed through previous rounds of HHAP funding (Chapter 6 (commencing with HSC section 50216).
This funding shall:
a) Continue to build regional collaboration between continuums of care, counties, and cities in a given region, regardless of population, and ultimately be used to develop a unified regional response to homelessness.
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b) Be paired strategically with other local, state, and federal funds provided to address homelessness in order to achieve maximum impact. Grantees of this funding are encouraged to reference Putting the Funding Pieces Together: Guide to Strategic Uses of New and Recent State and Federal Funds to Prevent and End Homelessness to assist in using funding strategically for their planning efforts in the delivery of services to people experiencing homelessness in the community.
c) Be deployed with the goal of reducing the number of people experiencing homelessness in a given region through investing in long-term solutions, such as permanent housing.
d) Include the State as an integral partner through the provision of technical assistance, sharing of best practices, and implementing an accountability framework to guide the structure of current and future state investments. 3) Definitions
The following HHAP-4 program terms are defined in accordance with Health and Safety Code section 50216, subdivisions (a) - (r):
a) "Agency" means the Business, Consumer Services, and Housing Agency. b) "Applicant" means a Continuum of Care, city, county, or tribe. c) "City" means a city or city and county that is legally incorporated to provide local government services to its population. A city can be organized either under the general laws of this state or under a charter adopted by the local voters. d) "Continuum of Care" means the same as defined by the United States Department of Housing and Urban Development at Section 578.3 of Title 24 of the Code of Federal Regulations.
e) "Coordinated Entry System" means a centralized or coordinated process developed pursuant to Section 578. 7 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019, designed to coordinate homelessness program participant intake, assessment, and provision of referrals. In order to satisfy this subdivision, a centralized or coordinated assessment system shall cover the geographic area, be easily accessed by individuals and families seeking housing or services, be well advertised, and include a comprehensive and standardized assessment tool.
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f) "Council" means the California lnteragency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code.
g) "Emergency shelter" has the same meaning as defined in subdivision (e) of Section 50801.
h) "Homeless" has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019.
I) "Homeless Management Information System" means the information system designated by a Continuum of Care to comply with federal reporting requirements as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. The term "Homeless Management Information System" also includes the use of a comparable database. by a victim services provider or legal services provider that Is permitted by the federal government under Part 576 of Title 24 of the Code of Federal Regulations.
j) "Homeless point-in-time count'' means the most recent point-in-time count that requires a sheltered and unsheltered count pursuant to Section 578.3 of Title 24 of the Code of Federal Regulations completed by all applicants. k) "Homeless
youth" means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.
Set. 11434a(2)). "Homeless youth" includes unaccompanied youth who are pregnant or parenting.
I) "Housing First' has the same meaning as in Section 8255 of the Welfare and Institutions Code, including all of the core components listed therein. m) • Jurisdictionn means a city, city that is also a county, county, or Continuum of Care, as defined in this section.
n) "Navigation center" means a Housing First, low-barrier, service-enriched shelter focused on moving homeless individuals and families into permanent housing that provides
temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.
o) "Program" means the Homeless Housing, Assistance, and Prevention program established pursuant to this chapter.
1) "Round 1" of the program means the funding allocated under the program with moneys
appropriated during the fiscal year beginning on July 1, 2019.
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2) •Round 2" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2020. 3) •Round 3" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2021. 4) "Round 4" of the program means the funding allocated under the program with moneys appropriated during the fiscal year beginning on July 1, 2022. p) "Program allocation" means the portion of program funds available to expand or develop local capacity to address immediate homelessness challenges. q) "Recipienr means a jurisdiction that receives funds from the Cal ICH for the purposes of the program.
r) "Triben or "tribal applicanr means a federally recognized tribal government pursuant
to Section 4103 of Title 25 of the United States Code.
Additional definitions for the purposes of the HHAP-4 program:
"Obligate" means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using HHAP-4 funding. Grantees, and the subrecipients who receive awards from those Grantees, must obligate the funds by the
statutory deadlines set forth in this Exhibit A.
"Expended" means all HHAP-4 funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding. 4) Scope of Work
The Scope of Work ("Work·) for this Agreement shall include uses that are consistent with Health and Safety Code section 50218.7, subdivision (e), and section 50220.8, subdivisions (e), (f), and (g), and any other applicable laws.
The Grantee shall expend funds on evidence-based programs serving people experiencing homelessness among eligible populations, including any of the following eligible uses:
a) Rapid
rehousing, including rental subsidies and incentives to landlords, such as security deposits and holding fees.
b) Operating subsidies in new and existing affordable or supportive housing units, emergency shelters, and navigation centers. Operating subsidies may include operating reserves.
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c) Street outreach to assist persons experiencing homelessness to access permanent housing and services.
d) Services coordination, which may include access to workforce, education, and training programs, or other services needed to promote housing stability in supportive housing.
e) Systems support for activities necessary to create regional partnerships and maintain a homeless services and housing delivery system, particularly for vulnerable populations including families and homeless youth. f) Delivery of permanent housing and innovative housing solutions, such as hotel and motel conversions.
g) Prevention and shelter diversion to permanent housing, including rental subsidies.
h} Interim sheltering, limited to newly developed clinically enhanced congregate shelters, new or existing noncongregate shelters, and operations of existing navigation centers and shelters based on demonstrated need. Demonstrated need for purposes of this paragraph shall be based on the following:
i) The number of available shelter beds in the city, county, or region served by a Continuum of Care.
ii) The number of people experiencing unsheltered homelessness in the homeless point�in-time count.
Iii) Shelter vacancy rate in the summer and winter months. iv) Percentage of exits from emergency shelters to permanent housing solutions. v) A plan to connect residents to permanent housing.
vi) Any new interim sheltering funded by HHAP-4 funds must be low barrier, comply with Housing First as provided in Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code, and prioritize interventions other than congregate shelters.
I) Improvements to existing emergency shelters to lower barriers and increase privacy.
In addition to the eligible uses described above, the Grantee's expenditure of its entire HHAP-4 allocation must also comply with the following:
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a) At least 10 percent of the funds shall be spent on services for homeless youth populations.
b) Not more than 7 percent of funds may be used for administrative costs incurred by the city, county, or continuum of care to administer its program allocation. For purposes of this Agreement, "administrative costs" does not include staff or other costs
directly related to implementing activities funded by the program allocation. 5) Cal ICH Contract Coordinator
The Cal ICH's Contract Coordinator for this Agreement is the Council's Grant Director or the Grant Director's designee. Unless otherwise instructed, any notice, report, or other communication requiring an original Grantee signature for this Agreement shall be mailed to the Cal ICH Contract Coordinator. If there are opportunities to send information electronically, Grantee will be notified via email by the Council's Grant Director or the Grant Director's designee . .
The Representatives during the term of this Agreement will be:
PROGRAM GRANTEE
ENTITY: Business Consumer Services and City of Santa Ana, Community Housing Agency Development Agency
!SECTION/UNIT: California lnteragency Council on
Homelessness {Cal ICH)
!ADDRESS: 500 Capitol Mall Suite 1850 20 Civic Center Plaza, M-25, Sacramento, CA, 95814 Santa Ana, CA 92701
K:ONTRACT Jeannie McKendry Terri Eggers COORDINATOR
PHONE NUMBER: (916) 510-9446 (714) 647-5378
EMAIL ADDRESS: [email protected] [email protected] All requests to update the Grantee information listed within this Agreement shall be emailed to the Cal ICH Grants Division general email box at [email protected]. The Council reserves the right to change their representative and/or contact information at any time with notice to the Grantee.
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6) Effective Date, Tenn of Agreement and Deadlines
a) This Agreement is effective upon approval by Cal ICH (indicated by the signature provided by Cal ICH in the lower left section of page one, Standard Agreement, STD. 213), when signed by all parties. Funds will be disbursed in accordance with Section 3 of Exhibit B.
b) This Agreement shall terminate on December 31, 2027. c) A grantee shall contractually obligate no less than 75 percent and shall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025. Upon demonstration by a grantee that it has complied with this requirement and remains on track to meet its outcome goals, as determined by the council pursuant to Health and Safety Code section 50223, the council shall disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation pursuant to Health and Safety Code section
50218.7(a).
i) Grantee will demonstrate compliance with these requirements by completing the certification documentation in the form and manner provided by the council.
d) If a grantee has obligated less than 75 percent or expended less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025, the grantee shall not contractually obligate or expend any remaining portion of its round 4 initial program allocation, and the council shall not allocate to the recipient the remaining 50 percent of its total allocation, unless both of the following occur:
i) On or before June 30, 2025, the grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay.
Ii) Cal ICH approves the alternative disbursement plan.
If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide
the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan.
If the funds identified •in the approved alternative disbursement plan are not fully expended by December 31, 2026, the funds shall be returned to the Cal ICH to be allocated as bonus awards.
e) Grantees that do not meet the final expenditure deadlines in Health and Safety Code section 50220.B(k) shall not be eligible for bonus funding.
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f) All HHAP-4 funds shall be expended by June 30, 2027.
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g) In accordance with Health and Safety Code section 50220.8, subdivision (k), Cal ICH retains the right to require a corrective action plan of grantees that are not on track to fully expend funds by the statutorily required deadline. h) Any funds not expended by June 30, 2027, including bonus funds, shall revert to and be paid and deposited In, the General Fund pursuant to Health and Safety Code section 50220.8(p).
I) The council may request additional information from applicants, as needed, to meet other applicable reporting or audit requirements.
j) Bonus Funds: Health and Safety Code section 50220.8 mandates the following, regarding a recipient's eligibility for Bonus Funding:
i) Recipients that do not meet the obligation requirements laid out in Health and Safety Code section 50220.S{k) shall not be eligible for bonus funding; ii) Recipients shall demonstrate no later than June 30, 2025, whether they have successfully met their outcome goals; and
Iii) Jurisdictions that have not met their outcome goals shall not be eligible for bonus funding and shall accept technical assistance from council staff. In addition, jurisdictions that have not met their outcome goals may also be
required to limit allowable uses of program funds, as determined by the Council.
Iv) If recipient receives bonus funding, the bonus funds will be distributed as an amendment to this contract. No additional contract will be executed. 7) Special Conditions
Cal ICH reserves the right to add any special conditions to this Agreement it deems necessary to ensure that the goals of the Program are achieved.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement
EXHIBIT B
BUDGET DETAIL and DISBURSEMENT PROVISIONS
1) Budget Detail & Changes
The Grantee agrees that HHAP-4 funds shall be expended on uses that support regional coordination and expand or develop local capacity to address immediate homelessness challenges. Such activities must be infonned by a best-practices framework focused on moving people experiencing homelessness into pennanent housing and supporting the efforts of those individuals and families to maintain their permanent housing.
The Grantee shall
expend the HHAP-4 funds on eligible activities as detailed in Health and Safety Code section 50218.?{e) and section 50220.8, subdivisions (e), and (f).
2) General Conditions Prior to Disbursement
All Grantees must submit the following fonns prior to HHAP-4 funds being released:
• Request for Funds Form ("RFP')
• STD 213 Standard Agreement form and initialed Exhibits A through F • STD 204 Payee Data Record or Government Agency Taxpayer ID Form 3) Disbursement of Funds
Initial Disbursement
Fifty percent of a grantee's HHAP-4 funds will be disbursed to the Grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO).
The RFF must include the proposed eligible uses and the amount of funds proposed for expenditure under each eligible use. The Initial disbursement of HHAP-4 funds will be disbursed in one allocation via mailed check once the RFF has been received by the SCO. Checks will be mailed to the address and contact name listed on the RFF.
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Remainder Disbursement
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a) Cal ICH will disburse the remaining fifty percent of HHAP-4 funds upon demonstration by a Grantee that it has complied with the requirement to contractually obligate and expend a minimum amount of its round 4 program allocation, as described below, and remains on track to meet its outcome goals, as determined by the council pursuant to Section 50223.
I) A grantee shall contractually obligate no less than 75 percent and shall expend no less than 50 percent of their initial (50 percent) HHAP-4 disbursement by May 31, 2025. Upon demonstration by a grantee that it has complied with this requirement and remains on track to meet its outcome goals, as determined by the council pursuant to Health and Safety Code section 50223, the council shall disburse to that recipient the remaining 50 percent of its total HHAP-4 allocation pursuant to Health and Safety Code section 50218.7(a).
b) If a grantee has obligated less than 75 percent or expended less than 50 percent of their initial disbursement by May 31, 2025, the grantee shall not contractually obligate or expend any remaining portion of its round 4 initial program allocation, and the council shall not allocate to the recipient the remaining 50 percent of its total allocation, unless both of the following occur:
I) On or before June 30, 2025, the grantee submits an alternative disbursement plan to Cal ICH that includes an explanation for the delay. ii) Cal ICH approves the alternative disbursement plan. If Cal ICH cannot approve an alternative disbursement plan, Cal ICH will provide the grantee with guidance on the revisions needed in order to approve the alternative disbursement plan.
4) If a Grantee is not on track to meet outcome goals, grantee must agree to receive TA from Cal ICH to get back on track with the outcome goals before the Council allocates the remaining 50 percent of a recipient's allocation.
Bonus Funds Disbursement
If a Grantee qualifies for Bonus Funds pursuant to the requirements laid out in Health and Safety Code section 50220.7, Cal ICH will determine the amount of Bonus Funds the Grantee is eligible for and will disburse these Bonus Funds to the Grantee upon receipt, review and approval of the completed Amended Standard Agreement and RFF by Cal ICH, the Department of General Services (DGS) and the State Controller's Office (SCO).
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HHAP-4 funds will be allocated in one disbursement via mailed check once the RFF has been received by the SCO. Checks
will be mailed to the address and contact
name listed on the RFF.
5) Expenditure of Funds
All HHAP-4 funds must be spent in accordance with Health and Safety Code section 50218.7(e) and section 50220.8, subdivisions (e), and (f), and as described in Exhibit A, Section 4 "Scope of Work".
6) Ineligible Costs
a) HHAP-4 funds shall not be used for costs associated with activities in violation of any law or for any activities not consistent with the intent of the Program and the eligible uses identified in Health and Safety Code section 50220.8, subdivisions (e), (f), and {g}.
b) Cal ICH reserves the right to request additional cl'arifying information to determine the reasonableness and eligibility of all uses of the funds made available by this Agreement. If the Grantee or its funded subrecipients use HHAP-4 funds to pay for ineligible activities, the Grantee shall be required to reimburse these funds to Cal ICH.
c) An expenditure which is not auth orized by this Agreement, or by written approval of the Grant Manager or his/her designee, or which cannot be adequately documented, shall be disallowed and must be reimbursed to Cal ICH by the Grantee.
Cal ICH, at its sole and absolute discretion, shall make the final determination regarding the allowability of HHAP-4 fund expenditures. d) Program funds shall not be used to supplant existing local funds for homeless housing, assistance, or prevention. HHAP funds cannot replace local funds that are committed to an existing or developing homeless assistance program.
However, if funds previously supporting a service or project end or are reduced
for reasons beyond the control of the grantee and services or housing capacity will be lost as a result of these funds ending, HHAP funds may be used to maintain the service or program. Examples include, but are not limited to, a time limited city and/or county tax or one-time block grant, such as HEAP.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1) Termination and Sufficiency of Funds
a) Termination of Agreement
Cal ICH may terminate this Agreement at any time for cause by giving a minimum of 14 days' notice of termination, in writing, to the Grantee. Cause shall consist of violations of any conditions of this Agreement, any breach of contract as described in paragraph 6 of this Exhibit C; violation of any federal or state laws; or withdrawal of Cal ICH's expenditure authority. Upon termination of this Agreement, unless otherwise approved in writing by Cal ICH, any unexpended funds received by the Grantee shall be returned to Cal ICH within 30 days of Cal ICH's notice of termination.
b) Sufficiency of Funds
This Agreement is valid and enforceable only if sufficient funds are made available to Cal ICH by legislative appropriation. In addition, this Agreement is subject to any additional restrictions, limitations or conditions, or statutes, regulations or any other laws, whether federal or those of the State of California, or of any agency, department, or any political subdivision of the federal or State of California governments, which may affect the provisions, terms or funding of this Agreement in any manner.
2) Transfers
Grantee may not transfer or assign by subcontract or novation, or by any other means, the rights, duties, or performance of this Agreement or any part thereof, except as allowed within Exhibit C Section 12 (Special Conditions - Grantees/Sub Grantee) or with the prior written approval of Cal ICH and a formal amendment to this Agreement to affect such subcontract or novatlon.
3) Grantee's Application for Funds
Grantee has submitted to Cal ICH an application for HHAP-4 funds to support regional coordination and expand or develop local capacity to address its immediate homelessness challenges. Cal ICH is entering into this Agreement on the basis of Grantee's facts, information, assertions and representations contained in that application. Any subsequent modifications to the original funding plans submitted within the original application must be requested through the formal HHAP Budget Modification Request Process and are subject to approval by Cal ICH.
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Grantee warrants that all information, facts, assertions and representations contained in the application and approved modifications and additions thereto are true, correct, and complete to the best of Grantee's knowledge. In the event that any part of the application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect Cal ICH approval, disbursement, or monitoring of the funding and the grants or activities governed by this Agreement, then Cal ICH may declare a breach of this Agreement and take such action or pursue such
remedies as are legally available.
4) Reporting/Audits
a) Annual Reports
By January 1, 2024, and annually on that date thereafter until all funds have been expended, the Grantee shall submit an annual report to Cal ICH in a format provided by Cal ICH. Annual Reports will include a request for data on expenditures and people served with HHAP-4 funding, details on specific projects
selected for the use of HHAP-4 funding, and data regarding the progress towards outcome goals. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification. No later than October 1, 2027, the Grantee shall submit a final report, in a format provided by Cal ICH, as well as a detailed explanation of all uses of the Program funds.
b) Quarterly Expenditure Reports
In addition to the annual reports, Cal ICH requires the Grantee to submit quarterly expenditure reports due no later than 30 days following the end of each fiscal quarter. Grantee shall submit a report to Cal ICH on a form and method provided by Cal ICH that includes the ongoing tracking of the specific uses and expenditures of any program funds broken out by eligible uses listed, including the current status of those funds, as well as any additional information Cal ICH deems appropriate or necessary. If the Grantee fails to provide such documentation, Cal ICH may recapture any portion of the amount authorized by this Agreement with a 14-day written notification.
c) Reporting Requirements
i) Annual Report: The annual report shall contain detailed information in accordance with Health and Safety Code section 50223, subdivision (a).
This information includes the following, as well as any additional information
deemed appropriate or necessary by Cal ICH:
(1) Data collection shall include, but not be limited to, infonnation regarding individuals and families served, including demographic information, information regarding partnerships among entities or lack thereof, and participant and regional outcomes.
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(2) The performance monitoring and accountability framework shall include clear metrics, which may include, but are not limited to, the following:
(a) The number of individual exits to permanent housing, as defined by the United States Department of Housing and Urban Development, from unsheltered environments and interim housing resulting from this funding.
(b) Racial equity, as defined by the council in consultation with representatives of state and local agencies, service providers, the Legislature, and other stakeholders.
(c) Any other metrics deemed appropriate by the council and developed in coordination with representatives of state and local agencies, advocates, service providers, and the Legislature.
(3) Data collection and reporting requirements shall support the efficient and effective administration of the program and enable the monitoring of jurisdiction performance and program outcomes.
Data shall include progress towards meeting the grantee's outcome goals.
If significant progress toward outcome goals has not been made, the applicant shall:
(a} Submit a description of barriers and possible solutions to meet those barriers
(b) Accept technical assistance from Cal ICH
(c) Include the progress towards outcome goals in all subsequent quarterly reports, until significant progress is made as deemed by Cal ICH • •
ii) Expenditure
Report: The expenditure report shall contain data on
expenditures of HHAP-4 funding including but not limited to obligated funds,
expended funds, and other funds derived from HHAP-4 funding.
Iii) Final Expenditure Plan: During the final fiscal year of reporting, grantees may be required to include a plan to fully expend HHAP-4 grant funding. This plan must be submitted with the quarterly expenditure report in a format to be provided by Cal ICH.
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iv) Grantees or their subcontractors must report client data into their local Homeless
Management Information Systems (HMIS) pursuant to the
requirements of Assembly Bill (AB) 977 (Chapter 397, Statutes of 2021) v) Cal ICH may require additional supplemental reporting with written notice to the Grantee.
vi) Grantee may, at their discretion, fully expend their HHAP-4 allocation prior to the end date of the grant term and will not be required to submit quarterly fiscal
reports after the quarter in which their allocation was fully expended. d) Auditing
Cal ICH reserves the right to perform or cause to be performed a financial audit.
At Cal ICH request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. HHAP-4 administrative funds may be used to fund this expense. Should an audit be required, the Grantee shall adhere to the following conditions:
I) The audit shall be performed by an independent certified public accountant.
II) The Grantee shall notify Cal ICH of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by Cal ICH to the independent auditor's working papers. iii) The Grantee is responsible for the completion of audits and all costs of preparing audits.
iv) If there are audit findings, the Grantee must submit a detailed response acceptable to Cal ICH for each audit finding within 90 days from the date of the audit finding report.
5) Inspection and Retention of Records
a} Record Inspection
Cal ICH or its designee shall have the right to review, obtain, and copy all records
and supporting documentation pertaining to performance under this Agreement. The Grantee agrees to provide Cal ICH, or its designee, with any . relevant information requested. The Grantee agrees to give Cal ICH or its designee access to its premises, upon reasonable notice and during normal business hours, for the purpose of interviewing employees who might reasonably have information related to such records, and of inspecting and copying such books, records, accounts, and other materials that may be relevant to an investigation of compliance with the Homeless Housing, Assistance, and TE Initial Here_
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Prevention Program laws, the HHAP-4 program guidance document published on the website, and this Agreement.
In accordance with Health and Safety Code section 50220.8, subdivision (m), if upon inspection of records Cal ICH identifies noncompliance with grant requirements, Cal ICH retains the right to impose a corrective action plan on the Grantee.
b) Record Retention
The Grantee further agrees to retain all records described in subparagraph a for a minimum period of five (5) years after the termination of this Agreement.
If any litigation, claim, negotiation, audit, monitoring, Inspection, or other action has been commenced before the expiration of the required record retention period, all records must be retained until completion of the action and resolution of all issues which arise from it.
c) Public Records Act
The grantees' final HHAP-4 application, this contract, and other documents related to the grant are considered public records, which are available for public viewing pursuant to the California Public Records Act.
6) Breach and Remedies
a) Breach of Agreement
Breach of this Agreement includes, but is not limited to, the following events:
i) Grantee's failure to comply with the terms or conditions of this Agreement.
Ii) Use of, or permitting the use of, HHAP-4 funds provided under this Agreement for any ineligible activities.
iii) Any failure to comply with the deadlines set forth in this Agreement. b} Remedies for Breach of Agreement
In addition to any other remedies that may be available to Cal ICH in law or equity for breach of this Agreement, Cal ICH may:
i) Bar the Grantee from applying for future HHAP funds; ii) Revoke any other existing HHAP-4 award(s) to the Grantee; iii} Require the return of any unexpended HHAP-4 funds disbursed under this Agreement;
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iv) Require repayment of HHAP-4 funds disbursed and expended under this Agreement;
v) Require the immediate return to Cal ICH of all funds derived from the use of HHAP-4 funds
vi) Seek, in a court of competent jurisdiction, an order for specific performance of the defaulted obligation or participation in the technical assistance in accordance with HHAP-4 requirements.
c) All remedies available to Cal ICH are cumulative and not exclusive. d) Cal ICH may give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days.
7) Waivers
No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of Cal ICH to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of Cal ICH to enforce these provisions.
8) Nondiscrimination
During the performance of this Agreement, Grantee and its subrecipients shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex {gender), sexual orientation, gender identity, gender expression, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), genetic information, marital status, military and veteran status, and denial of medical and family care leave or pregnancy disability leave. Grantees and Sub grantees shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
Grantee and its subrecipients shall comply with the provisions of California's laws against discriminatory practices relating to specific groups: the California Fair Employment and Housing Act {FEHA) (Gov. Code,§ 12900 et seq.); the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.); and the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135 - 11139.5). Grantee and its subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
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9) Conflict of Interest
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23-HHAP-10015
All Grantees are subject to state and federal conflict of interest laws. For instance, Health and Safety Code section 50220.5, subdivision (i) states, "For purposes of Section 1090 of the Government Code, a representative of a county serving on a board, committee, or body with the primary purpose of administering funds or
making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county." Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Additional applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411.
a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent Grantee with any State agency to provide goods or services.
b) Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in-any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve- month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.
c) Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicabre conflict of interest provisions of the Political Reform Act of 1974 (Gov. Code,§ 81000 et seq.).
d) Representatives of a County: A representative of a county serving on a board, committee, or body with the primary purpose of administering funds or making funding recommendations for applications pursuant to this chapter shall have no financial interest in any contract, program, or project voted on by the board, TE Initial Here_
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committee, or body on the basis of the receipt of compensation for holding public office or public employment as a representative of the county. 10) Drug-Free Workplace Certification
Certification of Compliance: By signing this Agreement, Grantee hereby certifies, under penalty of perjury under the laws of State of California, that it and its subreclplents will comply with the requirements of the Drug-Free Workplace Act of
1990 (Gov. Code, section 8350 et seq.) and have or wlll provide a drug-free workplace by taking the following actions:
Publish a statement notifying employees and subrecipients that unlawful manufacture distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, Grantees, or subrecipients for violations, as required by Government Code section 8355, subdivision (a)(1 ).
a) Establish a Drug-Free Awareness Program, as required by Government Code section 8355, subdivision (a)(2) to inform employees, Grantees, or subrecipients about all of the following:
I) The dangers of drug abuse in the workplace;
Ii) Grantee's policy of maintaining a drug-free workplace; iii) Any available counseling, rehabilitation, and employee assistance program; and
Iv) Penalties that may be imposed upon employees, Grantees, and subrecipients for drug abuse violations.
b) Provide, as required by Government Code section 8355, subdivision (a)(3), that every employee and/or subrecipient that works under this Agreement:
I) Will receive a copy of Grantee's drug-free policy statement, and ii) Will agree to abide by terms of Grantee's condition of employment or subcontract.
11) Child Support Compliance Act
For any Contract Agreement in excess of $100,000, the Grantee acknowledges in accordance with Public Contract Code 7110, that:
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a) The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code;and
b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.
12) Special Conditions - Grantees/Subgrantee
The Grantee agrees to comply with all conditions of this Agreement including the Special Conditions set forth in Exhibit D. These conditions shall be met to the satisfaction of Cal ICH prior to disbursement of funds. The Grantee shall ensure that all Subgrantees are made aware of and agree to comply with all the conditions of this Agreement and the applicable State requirements governing the use of HHAP-4 funds. Failure to comply with these conditions may result in termination of this Agreement.
a) The Agreement between the Grantee and any Subgrantee shall require the Grantee and its Subgrantees, if any, to:
l) Perform the work in accordance with Federal, State and Local housing and building codes, as applicable.
Ii) Maintain at least the minimum State-required worker's compensation for those employees who will perform the work or any part of it. iii) Maintain, as required by law, unemployment insurance, disability insurance, and liability insurance in an amount that is reasonable to compensate any person, firm or corporation who may be injured or damaged by the Grantee or any Subgrantee in performing the Work or any part of it. iv} Agree to include all the terms of this Agreement in each subcontract. 13) Compliance with State and Federal Laws, Rules, Guidelines and Regulations The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, environmental protection, equal opportunity, fair housing, and all other matters applicable and/or related to the HHAP-4 program, the Grantee, its subrecipients, and
all eligible activities.
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Grantee shall also be responsible for obtaining any and all permits, licenses, and approvals required for performing any activities under this Agreement, including those necessary to perform design, construction, or operation and maintenance of the activities. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work, specifically those including, but not limited to, environmental protection, procurement, and safety laws, rules, regulations, and ordinances. Grantee shall provide copies of permits
and approvals to Cal ICH upon request.
14) Inspections
a) Grantee shall inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement.
b) Cal ICH reserves the right to inspect any work performed hereunder to ensure that the work is being and has been performed in accordance with the applicable federal, state and/or local requirements, and this Agreement. c) Grantee agrees to require that all work that is determined based on such inspections
not to conform to the applicable requirements be corrected and to withhold payments to the subrecipient until it Is corrected. 15) Litigation
a) If any provision of this Agreement, or an underlying obligation. is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of Cal ICH, shall not affect any other provisions of this Agreement and the Initial of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are and shall be deemed severable.
b) The Grantee shall notify Cal ICH immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or Cal ICH, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of Cal ICH.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1) All proceeds from any interest-bearing account established by the Grantee for the deposit of HHAP-4 funds, along with any interest-bearing accounts opened by subrecipients to the Grantee for the deposit of HHAP-4 funds, must be used for HHAP-4-eligible activities and reported on as required by Cal ICH. 2) Per Health and Safety Code section 50220.8 (g), any housing-related activities funded with HHAP-4 funds, including but not limited to emergency shelter (per Health and Safety Code section 50220.8 (e}(8)(F)), rapid-rehousing, rental assistance, transitional housing and permanent supportive housing, must be in compliance or otherwise aligned with the core components of Housing First, as described in Welfare and Institutions Code section 8255, subdivision (b). Individuals and families assisted with these funds must not be required to receive treatment or perform any other prerequisite activities as a condition for receiving shelter, housing, or other services for which these funds are used. In addition, HHAP-4 funding shall be used to adopt a Housing First approach within the entire local homelessness response system, including outreach and emergency shelter, short-term interventions
like rapid re-housing, and longer-term interventions like supportive housing.
3) Grantee shall utiltze its local Homeless Management Information System (HMIS) to track HHAP-4-funded projects, services, and clients served. Grantee will ensure that HMIS data are collected in accordance with applicable laws and in such a way as to identify individual projects, services, and clients that are supported by HHAP-4 funding {e.g., by creating appropriate HHAP-4-specific funding sources and project codes in HMIS).
4) Grantee shall participate in and provide data elements, including, but not limited to, health information, in a manner consistent with federal law, to the statewide Homeless Management Information System (known as the Homeless Data Integration System or "HDIS"), in accordance with their existing Data Use Agreement entered into with the Council, if any, and as required by Health and Safety
Code section 50220.6 and Welfare and Institutions Code section 8256. Any health information provided to, or maintained within, the statewide Homeless Management Information System·shall not be subject to public inspection or disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). For purposes of this paragraph, "health information" means "protected health information,• as defined in Part 160.103 of Title 45 of the Code of Federal Regulations, and "medical TE Initial Here_
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information," as defined in subdivision 0) of Section 56.05 of the Civil Code. The Council may, as required by operational necessity, amend or modify required data elements, disclosure formats, or disclosure frequency. Additionally, the Council, at its discretion, may provide Grantee with aggregate reports and analytics of the data Grantee submits to HDIS in support of the Purpose of this Agreement and the existing Data Use Agreement.
5) Grantee agrees to accept technical assistance as directed by Cal ICH or by a contracted technical assistance provider acting on behalf of Cal ICH and report to Cal ICH on programmatic changes the grantee will make as a result of the technical assistance and in support of their grant goals.
6) Grantee agrees to demonstrate a commitment to racial equity and, per Health and Safety Code section 50222 (a)(2)(B), the grantee shall use data provided through HDIS to analyze racial disproportionality in homeless populations and, in partnership with Cal ICH, establish clear metrics and performance monitoring for achieving equity in provision of services and outcomes for Black, Native, and Indigenous, Latinx, Asian, Pacific Islanders and other People of Color who are disproportionately impacted by homelessness and COVID-19.
7) Grantee should establish a mechanism for people with lived experience of homelessness to have meaningful and purposeful opportunities to inform and shape all levels of planning and Implementation, Including through opportunities to hire people with lived experience.
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Homeless Housing, Assistance, and Prevention Program Round 4 (HHAP-4) Standard Agreement
EXHIBIT E
STATE OF CALIFORNIA GENERAL TERMS AND CONDITIONS
This exhibit is incorporated by reference and made part of this �greement. The General Terms and Conditions (GTC 04/2017) can be viewed at the following link:
https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017- FINALapril2017.pdf?la=en&hash=3A64979F77705B9D35309433EE81969FD69052D2 In the interpretation of this Agreement,
any inconsistencies between the State of
California General Terms and Conditions (GTC - 04/2017) and the terms of this Agreement and its exhibits/attachments shall be resolved in favor of this Agreement and its exhibits/attachments.
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EXHIBIT B
SCOPE OF SERVICES
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CITY OF SANTA ANA
EXHIBIT I
SCOPE OF SERVICES
Services performed by Consultant(s) shall include, but are not limited to the following:
A) Rapid Re-Housi ng Program for Homeless Youth (ages 18-24)
1. Implement a Rapid Re-Housing program together with Services Coordination to meet the needs of Santa Ana residents under the age of 25 who are experiencing homelessness in the City of Santa Ana.
2. Prioritize providing stable housing and comprehensive services to facilitate the target population's successful transition to independent living.
3. The servicer shall offer the flollwing eligible activities, which may include, but are not limited to:
a. Landlord incentives, such as security deposits and holding fees. b. Case management.
c. Services Coordination component within the Rapid Re-Housing Program for those who are under the age of 25.
4. Services Coodination Component
a. The Services Coordination component will only be provided to this specific population. b. Services Coordination includes short to medium-term rental subsidies and stabilization servies that may include but are not limited to:
i. Access to the workforce,
ii. Education and training programs,
iii. Housing search and placement,
iv. Housing stability case management,
v. Progressive engagement,
vi. Independent living skills,
vii. Legal services, and
viii. Credit repair.
5. Medium-term Rapid Re-Housing Assistance may be provided to individuals and families under the age of 25 for up to twelve months, based on individual needs.
B) [intentionally omitted]
City of Santa Ana RFP No. 24-067 Page 17 of 38
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CITY OF SANTA ANA
C) Reports and Deliverables
1. The selected Consultant(s) will be required to maintain and submit to the City adequate information necessary to monitor program performance and progress in accordance with the funding priorities and systemwide goals. These deliverables include: programmatic reports, invoices with supporting documentation of eligible expenditures, and insurance/contract requirements as stated within the RFP.
D) Utilization of Homeless Management Information System (HMIS) and Coordinated Entry
1. Consultant(s) will enter and maintain client data in the approved HMIS system and the regionally coordinated system of care. Consultant will obtain and report required programmatic information and data on a monthly and annual basis.
City of Santa Ana RFP No. 24-067 Page 18 of 38
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EXHIBIT C
COMPENSATION
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TWO YEAR BUDGET
The budget below provides 14 youth each year rapid re-housing and rental assistance for up to 12 months and service coordination including full wrap around support until the youth reaches independence. The budget covers 2 years @ 14 homeless or at-risk youth each year, including 14 families and 14 individuals. This program ensures that 14 Santa Ana youth each year will be off the streets and move from surviving to thriving, breaking the cycle of homelessness. The following summarizes the budget for the rapid-rehousing component:
Line Item RRH Request Detail
Rental Assistance $ 105000 $3768 Average (14 individual & 14 family units) Security Deposits 40000 $2857 Average (14 individual & 14 family units) Applications 2800 $100 per (14 individual & 14 family units) Housing Navigation & 48011 1515 per unit
Management
RRH Program Mgmt. 22199 793 per unit
DeMinimus (overhead) 7021
TOTAL RRH REQUEST: $225031 8037 per unit
In addition SUFK will provide 30,000 in leveraged funds The following table summarizes the budget for the Service Coordination component for 2 years:
Service
Line Item Coordination Detail
Coordination $ 51740 Case Manager, Director and Mentoring Manager Management
Employment Navigator 15900 $568 per client
Participant Supports 30345 $842 per youth for food, hygiene, transportation, clothing, household and school supplies
Client Internships 45220 14 paid internships 10 weeks*15 hours* $20 + FICA *7 per year
DeMinimus 10% Overhead 6764
Total SERVICE REQUEST: $ 149969 5356 per client (14 clients per year total 2 year 28) In addition, SUFKOC will provide $37,002 in matching funds with mentors, tutors, administration and in-kind donations.
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Planning and Building Agency
www.santa-ana.org/pb
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 20, 2025
TOPIC: Approval of Historic Property Preservation Agreement for 2301 N. Westwood Avenue
AGENDA TITLE
Historic Property Preservation Agreement for the Property Located at 2301 N. Westwood Avenue
RECOMMENDED ACTION
Authorize the City Manager to execute the attached Mills Act agreement with the below- referenced property owner for the identified structure(s) (Agreement No. A-2025-XXX). [Includes determination that the proposed project is exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption/Environmental Review No. 2025-05 will be filed for the project] Table 1: Mills Act Agreement Approved by the Historic Resources Commission (HRC) Property Owner(s)
Historic Property
Preservation
Agreement No.
Address/House Vote by HRC
Kevin T. Nguyen 2025-01 2301 N. Westwood
Avenue
6:0:0:1 (Commissioner
Padilla absent)
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On March 6, 2025, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreement listed in Table 1, above, with the identified property owner for historic structure(s) in the City, subject to non-substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s).
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Approval of Historic Property Preservation Agreement (2301 N. Westwood Avenue) May 20, 2025
4 9
8 0
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption/Environmental Review No. 2025-05 will be filed for this project.
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,499.19 annually noted below, for a period of not less than ten years.
HPPA No. Address Estimate Exhibit Nos.
2025-01 2301 N. Westwood Avenue $1,499.19 1-2
EXHIBITS
1. Mills Act Agreement – 2301 N. Westwood Avenue
2. HRC Staff Report – 2301 N. Westwood Avenue
Submitted By: Ali Pezeshkpour, AICP, Acting Executive Director, Planning and Building Agency
Approved By: Alvaro Nuñez, City Manager
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of San ta Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Kevin T. Nguyen, a married man, as his sole and separate property, (hereinafter collectively referred to as “Owner”), owner of real property located at 2301 North Westwood Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2301 North Westwood A venue, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Regist er of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
Exhibit 1
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 21, 2025, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automa tically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s n otice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectur al form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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b. All changes to the Hi storic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right -of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public.
d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreat ion, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2025-01) staff report dated March 6, 2025.
All work items shall be completed within the first ten years of the Mills Act Agreement , with specific items completed with in the first five years including removing the non -compatible rear vinyl window, maintaining trimmed condition of landscaping and trees at the front of the property, repainting the exterior with a compatible color palette, removing the double security door s from the main entrance, changing the exterior lighting for historically -appropriate lighting, and removing and replacing the double glass block window (south façade) with a historically compatible window. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or ha s allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agree ment. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286.
This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered o r certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default , or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, decla re a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 5 -
pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other su bsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2301 North Westwood Avenue, Assessor Parcel Number, 001-176-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property.
Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contrac t, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register).
In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with n otice that the property is listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the exec ution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
Owner: Kevin T. Nguyen
2301 North Westwood Avenue
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 6 -
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agree ment regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by a ny court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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12. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
City Council
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 8 -
ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ___________________ By:__________________
KEVIN NGUYEN
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA ALI PEZESHKPOUR
Deputy City Attorney Acting Executive Director
Planning and Building Agency
City Council
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10 5/20/2025
MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 9 -
EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1
LOT 6 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2
THAT PORTION OF LOT 7 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 7 DISTANT THEREON NORTH 2° 44’ 44” EAST 3 FEET FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE SOUTH 2° 44’ 44” WEST 3 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 89° 21’ 50” WEST ALONG THE SOUTH LINE OF SAID LOT, 134.84 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 5.31 FEET; THENCE EASTERLY 134.84 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
Assessor’s Parcel Number: 001-176-01
City Council
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11 5/20/2025
2 1
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9 EXECUTIVE SUMMARY
Brophy House
2301 North Westwood Avenue
Santa Ana, CA 92706
NAME Brophy House REF. NO.
ADDRESS 2301 North Westwood Avenue
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Mid-Century Modern
Editor of Arts and Architecture magazine, John Entenza, and his influential sponsorship of the Case Study Program, greatly influenced the development of Mid-Century Modern architectural style. The Case Study Program, which included a series of residential designs (not all of which were constructed) was published between 1945-1966. The program emphasized modern design techniques and affordable construction methods that were easily replicated as a means to influence affordable housing production. Key design elements of the Case Study Program include stripped ornamentation, exposed structural components including wide beams as part of a post-and-beam structural system; flat or nearly flat roofs integrating generous overhangs; concrete flooring, and open floor plans. A strong emphasis on indoor-outdoor living was conveyed through the heavy utilization of glazed walls and interior and exterior courtyards. Mid-Century Modern style is an umbrella term that incapsulates a broad range of post-World War II modernist themes that were applied to a variety of property types including single-and-multi family residences, commercial buildings and centers, as well as large-scale educational, institutional, and indsustrial uses. The Mid-Century Modern style’s period of significance is 1945-1975.
Character-defining features of the Mid-Century Modern style include use of wood or steel post and beam exposed construction, bountiful glazing, and an emphasis on indoor-outdoor living. In form and massing, the style is expressed through simple geometric volumes and horizontal massing, usually asymmetrical. The style includes little to no ornamentaiton. Roof shapes are often flat or have low-pitch gables, both with wide overhanging eaves. Additionally, highly-pitched A-frame roofs are a reflection of the style. Fenestration is typically flush-mounted metal framed windows that span floor-to-ceiling. Siding can include stucco, concrete block, brick, and wood.
SUMMARY/CONCLUSION:
The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Mid-Century Modern style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
Exhibit B
City Council
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State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Brophy House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2301 North Westwood Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-176-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a corner parcel in West Floral Park, the Brophy House is a one-story, single-family Mid-Century Modern Style residence with an attached garage and rear pool (Figure 1). The building features a U-shaped plan that emphasizes privacy with two primary facades: the main living area in the west wing facing Westwood Avenue, and a louvered privacy wall with a rear yard entrance and an attached garage in the south wing facing Santa Clara Avenue (Figure 2). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with deep overhanging eaves and continuous fascia that wraps around the building’s roofline (Figure 3). The center point where the west and south wings meet form a prominent southwest building corner with a slightly higher pitched gable roof than the majority of the building (Figure 4). The exterior of the house is clad primarily in a combination of stucco and stonewall, with minimal concrete block towards the rear. The main entrance, which is located behind security doors, is composed of double solid pedestrian doors with two doorknobs each adorned by round bronze ornamentation. The entrance is raised above two shallow stone-clad steps and is situated under a wide overhanging eave with a single cylinder support beam that forms the front porch (Figure 5).
(See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP39. Other (swimming pool) *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (southwest)
facade, view northeast, January 2025
*P6. Date Constructed/Age and
Sources: historic
1957/ Original Building Permit
*P7. Owner and Address:
Kevin T. Nguyen
2301 N Westwood Avenue
Santa Ana, CA 92706
*P8. Recorded by:
Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
March 6, 2025
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location
Map Sketch Map Continuation
Sheet Building, Structure, and Object Record
Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
City Council
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13 5/20/2025
State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Brophy House
B1. Historic Name: Brophy House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, alterations, and date of alterations):
September 10, 1957. Permit to construct a six-room residence and garage. $23,000.
November 29, 1957. Plastering. Valuation unknown.
Januar 3, 1958. Pvt. Pool. $2,500.
October 15, 1999. Reroof. $8,400.
February 4, 2025. Legalize existing rear vinyl slider window. $1,500. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: swimming pool
B9a. Architect: Unknown b. Builder: A.K. Herrick (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Brophy House is architecturally significant as an intact example of a Mid-Century Modern-style house in Santa Ana. The original building permit is dated September 10, 1957 and indicates it was built as a single-family six-room residence and garage by contractor A.K. Herrick, at a cost of $23,000. The original architect is unknown. The earliest known occupant is Joseph P. Brophy, who is listed on the original building permit. City directories note Mr. Brophy as the building's owner through 1962. The years 1963-1987 do not include the subject address in the directory or the directory itself was not available for research. Newspaper articles indicate that prior to owning 2301 N Westwood Avenue, Mr. Brophy moved to Santa Ana in 1939 and owned a café located at 220 E. 4 th Street for at least ten years. Mr. Brophy, without any public office experience, ran for state assembly in 1954 and lost to Assemblyman Earle Stanley (Santa Ana Register February 18, 1954 and Santa Ana Register June 9, 1954). No pertinent information was uncovered regarding Mr. Brophy during his time occupying 2301 N Westwood Avenue. The next known owner, Bernie Barnette, owned the subject property from circa 1989 to 2008, per available city directories. Mr. Barnette worked for MacLean sales department in the 1950s as well as worked as a used car manager (Santa Ana Register May 1, 1955). No other information was uncovered. The property remained in the Barnette family until 2024, when current owner Kevin Nguyen purchased the property from Bradley Barnette (See Continuation Sheet 3).
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: March 6, 2025
Sketch Map
(This space reserved for official comments.)
Brophy House
2301 North Westwood Avenue
N
City Council
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L
DPR 523B (1/95) *Required information
*P3a. Description (continued):
Window fenestration throughout the property includes a mix of materials, primarily comprised of aluminum and wood-frame windows. On the primary (west) façade, fenestration includes a pair of narrow casement windows to the north and floor-to- ceiling fixed wood windows at the south corner near the main entrance. Below the southwest gable roof are two wood-frame trapezoidal transoms (Figure 6). Window fenestration on the primary (south) façade includes a single wood-framed stained- glass window, one tripartite aluminum-frame casement window, one double glass block window, and a jalousie window.
Remaining rear-facing window fenestration throughout the interior courtyard includes several sets of floor-to-ceiling aluminum slider and fixed windows, large floor-to-ceiling fixed wood windows that span the façade and building corner, and a single vinyl replacement slider window (Figure 7). The north (side) façade contains two sets of aluminum-frame casement windows and one group of aluminum-frame transom casement and fixed windows. Additional architectural features include the use of stonewall material that is applied on the central stonewall chimney, shallow front porch steps, and front yard planters; wood shutters which flank the aluminum casement windows at the primary (west) façade; prominent window sill located on the wood-frame windows and single jalousie window; three long beams extending past the gable’s end at the southwest gable; and rear swimming pool (Figure 8). The property is landscaped with a front lawn, low shrubs, palm trees and tropical-themed plants, and other Mid-Century Modern themed vegetation. *B10. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.
Since the second half of the twentieth century, the neighborhood in which the Brophy House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style.
The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana. Located in West Floral Park, the house cost $23,000 to build in 1957. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Mid-Century Modern style exhibited by the house include its U-shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low-pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood-frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear yard entrance; attached garage; and front lawn with tropical landscaping. *B12. References (continued):
Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. _____. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002.
_____. Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
_____. California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
City of Santa Ana Building Permits
McAlester, Virginia Savage.
A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Sanborn maps.
Whiffen, Marcus.
American Architecture Since 1780. Cambridge: MIT Press, 1969.
City Council
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15 5/20/2025
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L
Additional Figures:
Figure 2. Louvered privacy wall along the south wing,
facing north.
Figure 3. The building’s deep overhanging eaves, facing northeast.
Figure 4. The prominent southwest building corner with
gable roof, facing north.
Figure 5. The main entrance is raised above two stone-
clad steps and is situated under a wide overhanging
eave that forms the front porch, facing northeast.
Figure 6. On the primary (west) façade, a pair of narrow casement windows, facing east.
Figure 7. At the rear, large floor-to-ceiling fixed wood windows span the façade, facing west.
City Council
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16 5/20/2025
State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L
Figure 8. Primary (west) façade which contains
stonewall material and wood shutters, among other
features, facing east.
City Council
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17 5/20/2025
MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with
City Council
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.
City Council
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2 2
9 0
3 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2301 North Westwood Avenue
Item Year Improvement
1 2025 Replace one rear vinyl slider window with new window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit.
2 2025 Trim exterior landscaping to expose and accentuate historic property features, such as the high gable roofline and corner/ribbon windows, to ensure a clear view of the primary (west and south) façades from the public right-of-way. 3 2025 Repaint exterior of residence with a historically-compatible color palette. 4 2026 Remove double security doors from the main entrance. Replacement doors require Planning Division staff approval prior to installment.
5 2027 Change out exterior lighting for historically-appropriate lighting. Planning Division staff approval required prior to installation.
6 2028 Remove and replace the double glass block window (south façade) with a period appropriate window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit. 7 2030 Replace non-original garage door with historically-compatible garage door, approved by Planning Division staff prior to installation.
Exhibit D
City Council
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20 5/20/2025
Planning and Building Agency
Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Historic Resources Commission Staff Report
March 6, 2025
Topic: HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01 – Brophy House (2301 N Westwood Avenue)
RECOMMENDED ACTION
1. Adopt a resolution approving Historic Resources Commission Application No. 2025-01 and Historic Register Categorization No. 2025-01 (Exhibit 1).
2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Kevin Nguyen, subject to non- substantive changes approved by the City Manager and City Attorney (Exhibit 2).
EXECUTIVE SUMMARY
Kevin Nguyen is requesting approval to designate an existing Mid-Century Modern-style residence located at 2301 North Westwood Avenue to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern-style house.
It is worthy of “Key” categorization as it has a distinctive architectural style and quality reflective of the Mid-Century Modern style, including its wide overhanging eaves, louvered privacy wall, floor-to-ceiling glazing, among other features.
DISCUSSION
Project Location and Site Description
The subject property is located on a corner lot with Santa Clara Avenue to the south and Westwood Avenue to the west, in the West Floral Park neighborhood in Santa Ana. The site contains a 2,104-square-foot, Mid-Century Modern-style residence and attached detached garage on a 12,825-square-foot residential lot (Exhibit 3).
Analysis of the Issues
Historic Resources Commission 1 -1 3/6/2025
Exhibit 2
City Council
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HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N.
Westwood Avenue)
March 6, 2025
4 8
2 6
Historical Listing
In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old.
The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 68 years old and is a sound example of period architecture. No known code violations exist on record for this property.
The Brophy House is architecturally significant as an intact example of a Mid-Century Modern-style house in Santa Ana. The original building permit is dated September 10, 1957 and indicates it was built as a single-family six-room residence and garage by contractor A.K. Herrick, at a cost of $23,000. The original architect is unknown. The earliest known occupant is Joseph P. Brophy, who is listed on the original building permit.
City directories note Mr. Brophy as the building's owner through 1962. The years 1963- 1987 do not include the subject address in the directory or the directory itself was not available for research. Newspaper articles indicate that prior to owning 2301 N Westwood Avenue, Mr. Brophy moved to Santa Ana in 1939 and owned a café located at 220 E. 4th Street for at least ten years. Mr. Brophy, without any public office experience, ran for state assembly in 1954 and lost to Assemblyman Earle Stanley (Santa Ana Register February 18, 1954 and Santa Ana Register June 9, 1954). No pertinent information was uncovered regarding Mr. Brophy during his time occupying 2301 N Westwood Avenue. The next known owner, Bernie Barnette, owned the subject property from circa 1989 to 2008, per available city directories. Mr. Barnette worked for MacLean sales department in the 1950s as well as worked as a used car manager (Santa Ana Register May 1, 1955). No other information was uncovered. The property remained in the Barnette family until 2024, when current owner Kevin Nguyen purchased the property from Bradley Barnette.
Located on a corner parcel in West Floral Park, the Brophy House is a one-story, single- family Mid-Century Modern Style residence with an attached garage and rear pool. The building features a U-shaped plan that emphasizes privacy with two primary facades: the main living area in the west wing facing Westwood Avenue, and a louvered privacy wall with a rear yard entrance and an attached garage in the south wing facing Santa Clara Avenue. Asymmetrical in design, the house exhibits a horizontal emphasis expressed Historic Resources Commission 1 -2 3/6/2025
City Council
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22 5/20/2025
HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N.
Westwood Avenue)
March 6, 2025
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through a low-pitched, complex hipped roof with deep overhanging eaves and continuous fascia that wraps around the building’s roofline. The center point where the west and south wings meet form a prominent southwest building corner with a slightly higher pitched gable roof than the majority of the building. The exterior of the house is clad primarily in a combination of stucco and stonewall, with minimal concrete block towards the rear. The main entrance, which is located behind security doors, is composed of double solid pedestrian doors with two doorknobs each adorned by round bronze ornamentation. The entrance is raised above two shallow stone-clad steps and is situated under a wide overhanging eave with a single cylinder support beam that forms the front porch.
Window fenestration throughout the property includes a mix of materials, primarily comprised of aluminum and wood-frame windows. On the primary (west) façade, fenestration includes a pair of narrow casement windows to the north and floor-to-ceiling fixed wood windows at the south corner near the main entrance. Below the southwest gable roof are two wood-frame trapezoidal transoms. Window fenestration on the primary (south) façade includes a single wood-framed stained-glass window, one tripartite aluminum-frame casement window, one double glass block window, and a jalousie window. Remaining rear-facing window fenestration throughout the interior courtyard includes several sets of floor-to-ceiling aluminum slider and fixed windows, large floor-to- ceiling fixed wood windows that span the façade and building corner, and a single vinyl replacement slider window. The north (side) façade contains two sets of aluminum-frame casement windows and one group of aluminum-frame transom casement and fixed windows. Additional architectural features include the use of stonewall material that is applied on the central stonewall chimney, shallow front porch steps, and front yard planters; wood shutters which flank the aluminum casement windows at the primary (west) façade; prominent window sill located on the wood-frame windows and single jalousie window; three long beams extending past the gable’s end at the southwest gable; and rear swimming pool. The property is landscaped with a front lawn, low shrubs, palm trees and tropical-themed plants, and other Mid-Century Modern themed vegetation.
Character-defining features of the Brophy House include, but may not be limited to: its U- shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low-pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood-frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear yard entrance; attached garage; and front lawn with tropical landscaping. The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana.
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HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N.
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March 6, 2025
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Located in West Floral Park, the house cost $23,000 to build in 1957. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style.
Mills Act Agreement
Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner’s voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property’s assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include:
• Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation
• Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan.
Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: removing the non-compatible rear vinyl window, changing the exterior lighting for historically-appropriate lighting, maintaining trimmed condition of landscaping and trees at the front of the property, and repainting the exterior with a compatible color palette. Staff suggests adding the following items to the Work Plan: removing the double security doors from the main entrance, and removing and replacing the double glass block window (south façade) with a historically compatible window. Staff will ensure that the proposed work will be done sensitively and will maintain the property’s character-defining features as part of the Mills Act Agreement for this property.
As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation.
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HRCA No. 2025-01, HRC No. 2025-01, HPPA No. 2025-01– Brophy House (2301 N.
Westwood Avenue)
March 6, 2025
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Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character-defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act.
Public Notification
The subject site is located within the West Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public.
ENVIRONMENTAL IMPACT
Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 – Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2025-05 will be filed for this project.
FISCAL IMPACT
The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,499.19 annually, for a period of not less than ten years.
EXHIBIT(S)
1. Resolution
2. Mills Act Agreement
3. 500-Foot Radius Map
4. Copy of Public Notice
Submitted By: Andrea Dumovich Heywood, Associate Planner Approved By: Ali Pezeshkpour, AICP, Acting Executive Director of Planning and Building Agency
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City Council
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE HISTORIC RESOURCES
COMMISSION OF THE CITY OF SANTA ANA APPROVING
HISTORIC RESOURCES COMMISSION APPLICATION NO.
2025-01 TO PLACE THE PROPER TY LOCATED AT 2301
NORTH WESTWOOD AVENUE , SANTA ANA, ON THE
HISTORICAL REGISTER AND APPROVING HISTOR IC
REGISTER CATEGORIZAT ION NO. 2025-01 PLACING
SAID PROPERTY WITHIN THE KEY CATEGORY
BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS:
Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows:
A. On March 6, 2025, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2025-01) and categorization (Historic Resources Commission Categorization No. 2025- 01) of the Brophy House located at 2301 North Westwood Avenue, Santa Ana.
B. The Brophy House has distinctive architectural features of the Mid-Century Modern style and was built in 1957.
C. The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana. The house displays cha racteristics of the Mid- Century Modern style through its use of its wide overhanging eaves, louvered privacy wall, floor-to-ceiling glazing, among other original features.
The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid -Century Modern st yle.
Character-defining features of the Brophy House include, but may not be limited to: U-shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low -pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood -frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear y ard entrance; attached garage; and front lawn with tropical landscaping.
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX
D. The legal owner of the property is Kevin T. Nguyen.
E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein.
F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Proper ties pursuant to Section 30 -2 of the Santa Ana Municipal Code.
G. The subject property meets the minimum standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code.
H. In addition to meeting the st andards for placement in the Key category pursuant to Section 30 -2.2(3) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement Work Plan, to restoration of select elements described therein within the first five years of the Agreement’s term, including removing the non-compatible rear vinyl window, maintaining trimmed condition of landscaping and trees at the front of the property, repainting the exterior with a compatible color palette, removing the double security doors from the main entrance, changing the exterior lighting for historically -appropriate lighting, and removing and replacing the double glass block window (south façade) with a historically compatible window.
Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed t o preserve historic al resources.
Categorical Exemption No. ER-2025-05 will be filed for this project.
Section 3. The Historic Resources Commission of the City of Santa Ana , after conducting the public hearing, hereby approves:
A. Historic Resources Commission Application No. 2025-01 to place the Brophy House located at 2301 North Westwood Avenue, Santa Ana, 92706 on the historical register, and
B. Historic Register Categorization No. 2025-01 placing the Brophy House located at 2301 North Westwood Avenue, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein.
These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto , the report entitled “Historical Property Description,” and the public testimony, all of which are incorporated herein by this reference.
Section 4. For the subject property, a report entitled “Historical Property Description” is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties.
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City Council
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX
Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder’s Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029.
ADOPTED this 6th day of March, 2025.
__________________________
Edward Murashie
Chairperson
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Deputy City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2025-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on March 6, 2025.
Date: ________________ ____________________________________ Nuvia Ocampo
Commission Secretary
City of Santa Ana
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City Council
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX
EXHIBIT A
LEGAL DESCRIPTION
APN Address Legal Description Owner Names
001-176-01 2301 North Westwood
Avenue
PARCEL 1
LOT 6 OF TRACT NO. 3141, IN
THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 95
PAGES 47 AND 48
MISCELLANEOUS MAPS, IN
THE OFFICE OF THE
COUNTY RECORDER OF
SAID COUNTY.
PARCEL 2
THAT PORTION OF LOT 7 OF
TRACT NO. 3141, IN THE CITY
OF SANTA ANA, COUNTY OF
ORANGE, STATE OF
CALIFORNIA, AS PER MAP
RECORDED IN BOOK 95
PAGES 47 AND 48
MISCELLANEOUS MAPS, IN
THE OFFICE OF THE
COUNTY RECORDER OF
SAID COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT A POINT IN
THE EAST LINE OF SAID LOT
7 DISTANT THEREON
NORTH 2° 44’ 44” EAST 3
FEET FROM THE
SOUTHEAST CORNER
THEREOF AND
RUNNING THENCE SOUTH 2°
44’ 44” WEST 3 FEET TO THE
SOUTHEAST CORNER OF
SAID LOT 7; THENCE NORTH
89° 21’ 50” WEST ALONG THE
SOUTH
Kevin T. Nguyen
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City Council
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX
LINE OF SAID LOT, 134.84
FEET TO THE SOUTHWEST
CORNER THEREOF; THENCE
NORTHERLY ALONG THE
WESTERLY LINE OF SAID
LOT 5.31 FEET; THENCE
EASTERLY 134.84 FEET,
MORE OR LESS TO THE
POINT OF BEGINNING.
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FREE RECORDING PURSUANT TO
GOVERNMENT CODE § 27383
Resolution No. 2025-XX
EXHIBIT B
Conditions of Approval for Historic Resources Commission Application No. 2025-01 and Historic Resources Commission Categorization No. 2025-01 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission’s approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below:
1. Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 2301 North Westwood Avenue, historically known as the Brophy House. The plaque shall include the historic name, address, year built, and local historic register designation. Th e final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff.
2. The applicant shall regularly maintain all landscaping in the front yard area (pruning and thinning trees and shrubs) so that the historic building and its character defining features (including but not limited to the hipped and front gable roofs, overhanging eaves and fascia, aluminum and wood- frame windows, and stucco and stone-clad siding) are visible from the public right-of-way.
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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: Clerk of the Council
FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383
_________________________________________________________________________
HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement (“Agreement”) is made and entered into by and between the City of San ta Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as “City”), and Kevin T. Nguyen, a married man, as his sole and separate property, (hereinafter collectively referred to as “Owner”), owner of real property located at 2301 North Westwood Avenue, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties.
RECITALS
A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the “Mills Act”) to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity.
B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 2301 North Westwood A venue, Santa Ana, CA, 92706 and more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference, and hereinafter referred to as the “Historic Property.”
C. The Historic Property is officially designated on the Santa Ana Regist er of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code.
D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code.
NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows:
1. Effective Date and Terms of Agreement.
This Agreement shall be effective and commence on May 21, 2025, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automa tically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below.
2. Renewal.
a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party.
Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. c. Within 30 days from receipt of City’s n otice of nonrenewal, the Owner may file a written protest of City’s decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply.
3. Standards and Conditions for Historic Property.
During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions:
a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the “Executive Summary” and “Historical Property Description” attached hereto, marked collectively as Exhibit B, notably the general architectur al form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 3 -
b. All changes to the Hi storic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior’s Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition.
c. A view corridor enabling the general public to see the Historic Property from the public right -of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public.
d. The following are prohibited: demolition of the Historic Property or destruction of character-defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior’s Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location.
e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner’s compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreat ion, and the State Board of Equalization information required to determine compliance with the terms of this Agreement.
f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, “Proposed Structure Improvements” or “Work Plan” and the City Council Historic Property Preservation Agreement (HPPA No. 2025-01) staff report dated March 6, 2025.
All work items shall be completed within the first ten years of the Mills Act Agreement , with specific items completed with in the first five years including removing the non -compatible rear vinyl window, maintaining trimmed condition of landscaping and trees at the front of the property, repainting the exterior with a compatible color palette, removing the double security door s from the main entrance, changing the exterior lighting for historically -appropriate lighting, and removing and replacing the double glass block window (south façade) with a historically compatible window. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items are amended or removed/replaced from the improvements list.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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4. Furnishing of Information.
The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement.
5. Cancellation.
a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or ha s allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agree ment. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286.
This cancellation fee shall be a percentage (currently set at twelve and one-half (12 ½) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement.
b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. c. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288.
6. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered o r certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default , or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, decla re a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City’s regulations governing historic properties are available to City to Historic Resources Commission 1 -16 3/6/2025
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other su bsequent breach thereof or default hereunder.
7. Binding effect of Agreement.
a. Owner hereby subjects the Historic Property, located at 2301 North Westwood Avenue, Assessor Parcel Number, 001-176-01, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner’s successors and assigns in title or interest to the Historic Property.
Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contrac t, deed, or other instrument.
c. This property is listed in the Santa Ana Register of Historical Properties (Register).
In any real property transaction, the owner of this property or the owner’s representative shall provide the buyer of this property with n otice that the property is listed on the City’s historic Register.
8. No Compensation.
Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the exec ution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property.
9. Notice.
Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto.
City: City of Santa Ana
20 Civic Center Plaza (M-30)
Santa Ana, CA 92702
Attn: City Clerk
Owner: Kevin T. Nguyen
2301 North Westwood Avenue
Santa Ana, CA 92706
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 6 -
10. General Provisions.
a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise.
b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agree ment regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney’s fees to be fixed by the court, in addition to court costs and other relief ordered by the court.
f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by a ny court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.
g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County.
11. Recordation.
No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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12. Amendments.
This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto.
13. Effective Date
This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows}
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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ATTEST: CITY OF SANTA ANA
________________________ _________________________
JENNIFER L. HALL ALVARO NUÑEZ
City Clerk City Manager
OWNER
Date: ___________________ By:__________________
KEVIN NGUYEN
APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL:
SONIA CARVALHO
City Attorney
By: _____________________ _____________________
BRANDON SALVATIERRA ALI PEZESHKPOUR
Deputy City Attorney Acting Executive Director
Planning and Building Agency
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1
LOT 6 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL 2
THAT PORTION OF LOT 7 OF TRACT NO. 3141, IN THE CITY OF SANTA ANA,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 95 PAGES 47 AND 48 MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF SAID LOT 7 DISTANT THEREON NORTH 2° 44’ 44” EAST 3 FEET FROM THE SOUTHEAST CORNER THEREOF AND RUNNING THENCE SOUTH 2° 44’ 44” WEST 3 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 89° 21’ 50” WEST ALONG THE SOUTH LINE OF SAID LOT, 134.84 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT 5.31 FEET; THENCE EASTERLY 134.84 FEET, MORE OR LESS TO THE POINT OF BEGINNING.
Assessor’s Parcel Number: 001-176-01
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2 1
4 7
9 EXECUTIVE SUMMARY
Brophy House
2301 North Westwood Avenue
Santa Ana, CA 92706
NAME Brophy House REF. NO.
ADDRESS 2301 North Westwood Avenue
CITY Santa Ana ZIP 92706 ORANGE COUNTY
YEAR BUILT 1957 LOCAL REGISTER CATEGORY: Key
HISTORIC DISTRICT N/A NEIGHBORHOOD West Floral Park
CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: Not for Publication Unrestricted
Prehistoric Historic Both
ARCHITECTURAL STYLE: Mid-Century Modern
Editor of Arts and Architecture magazine, John Entenza, and his influential sponsorship of the Case Study Program, greatly influenced the development of Mid-Century Modern architectural style. The Case Study Program, which included a series of residential designs (not all of which were constructed) was published between 1945-1966. The program emphasized modern design techniques and affordable construction methods that were easily replicated as a means to influence affordable housing production. Key design elements of the Case Study Program include stripped ornamentation, exposed structural components including wide beams as part of a post-and-beam structural system; flat or nearly flat roofs integrating generous overhangs; concrete flooring, and open floor plans. A strong emphasis on indoor-outdoor living was conveyed through the heavy utilization of glazed walls and interior and exterior courtyards. Mid-Century Modern style is an umbrella term that incapsulates a broad range of post-World War II modernist themes that were applied to a variety of property types including single-and-multi family residences, commercial buildings and centers, as well as large-scale educational, institutional, and indsustrial uses. The Mid-Century Modern style’s period of significance is 1945-1975.
Character-defining features of the Mid-Century Modern style include use of wood or steel post and beam exposed construction, bountiful glazing, and an emphasis on indoor-outdoor living. In form and massing, the style is expressed through simple geometric volumes and horizontal massing, usually asymmetrical. The style includes little to no ornamentaiton. Roof shapes are often flat or have low-pitch gables, both with wide overhanging eaves. Additionally, highly-pitched A-frame roofs are a reflection of the style. Fenestration is typically flush-mounted metal framed windows that span floor-to-ceiling. Siding can include stucco, concrete block, brick, and wood.
SUMMARY/CONCLUSION:
The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a Mid-Century Modern style residential building. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2).
EXPLANATION OF CODES:
California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, “How to Nominate Resources to the California Register of Historical Resources,” September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values.
5S3: Appears to be individually eligible for local listing or designation through survey evaluation.
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State of California The Resources Agency Primary #______________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI #__________________________________________________ PRIMARY RECORD Trinomial______________________________________________ NRHP Status Code_____________________________________
Other Listings_____________________________________________________________________ Review Code________ Reviewer________________________ Date_______________ Page _1_ of _5_ Resource name(s) or number (assigned by recorder) Brophy House P1. Other Identifier:
*P2. Location: Not for Publication Unrestricted *a. County Orange County *b. USGS 7.5’ Quad: Orange Quadrangle California-Orange County 7.5-Minute Series Date: 2022 *c. Address 2301 North Westwood Avenue City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor’s Parcel Number 001-176-01 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on a corner parcel in West Floral Park, the Brophy House is a one-story, single-family Mid-Century Modern Style residence with an attached garage and rear pool (Figure 1). The building features a U-shaped plan that emphasizes privacy with two primary facades: the main living area in the west wing facing Westwood Avenue, and a louvered privacy wall with a rear yard entrance and an attached garage in the south wing facing Santa Clara Avenue (Figure 2). Asymmetrical in design, the house exhibits a horizontal emphasis expressed through a low-pitched, complex hipped roof with deep overhanging eaves and continuous fascia that wraps around the building’s roofline (Figure 3). The center point where the west and south wings meet form a prominent southwest building corner with a slightly higher pitched gable roof than the majority of the building (Figure 4). The exterior of the house is clad primarily in a combination of stucco and stonewall, with minimal concrete block towards the rear. The main entrance, which is located behind security doors, is composed of double solid pedestrian doors with two doorknobs each adorned by round bronze ornamentation. The entrance is raised above two shallow stone-clad steps and is situated under a wide overhanging eave with a single cylinder support beam that forms the front porch (Figure 5).
(See Continuation Sheet 3 of 5.)
*P3b. Resource Attributes: (list attributes and codes) HP2. Single-Family Residence and HP39. Other (swimming pool) *P4. Resources Present: Building Structure Object Site District Element of District Other P5b. Photo: (view and date)
(Figure 1) Primary (southwest)
facade, view northeast, January 2025
*P6. Date Constructed/Age and
Sources: historic
1957/ Original Building Permit
*P7. Owner and Address:
Kevin T. Nguyen
2301 N Westwood Avenue
Santa Ana, CA 92706
*P8. Recorded by:
Andrea Dumovich Heywood
City of Santa Ana
20 Civic Center Plaza M-20
Santa Ana, CA 92702
*P9. Date Recorded:
March 6, 2025
*P10. Survey Type:
Intensive Survey Update
*P11. Report Citation: (Cite survey
report and other sources, or enter “none”)
None
*Attachments: None Location
Map Sketch Map Continuation
Sheet Building, Structure, and Object Record
Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (list)
DPR 523A (1/95) *Required information
P5a. Photo
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State of California The Resources Agency Primary #__________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI#______________________________________________
BUILDING, STRUCTURE, AND OBJECT RECORD
*Resource Name or #: Brophy House
B1. Historic Name: Brophy House
B2. Common Name: Same
B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *B5. Architectural Style: Mid-Century Modern
*B6. Construction History: (Construction date, alterations, and date of alterations):
September 10, 1957. Permit to construct a six-room residence and garage. $23,000.
November 29, 1957. Plastering. Valuation unknown.
Januar 3, 1958. Pvt. Pool. $2,500.
October 15, 1999. Reroof. $8,400.
February 4, 2025. Legalize existing rear vinyl slider window. $1,500. *B7. Moved? No Yes Unknown Date:__________ Original location:_______ _______ *B8. Related Features: swimming pool
B9a. Architect: Unknown b. Builder: A.K. Herrick (contractor) *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1957 Property Type: Single-family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Brophy House is architecturally significant as an intact example of a Mid-Century Modern-style house in Santa Ana. The original building permit is dated September 10, 1957 and indicates it was built as a single-family six-room residence and garage by contractor A.K. Herrick, at a cost of $23,000. The original architect is unknown. The earliest known occupant is Joseph P. Brophy, who is listed on the original building permit. City directories note Mr. Brophy as the building's owner through 1962. The years 1963-1987 do not include the subject address in the directory or the directory itself was not available for research. Newspaper articles indicate that prior to owning 2301 N Westwood Avenue, Mr. Brophy moved to Santa Ana in 1939 and owned a café located at 220 E. 4 th Street for at least ten years. Mr. Brophy, without any public office experience, ran for state assembly in 1954 and lost to Assemblyman Earle Stanley (Santa Ana Register February 18, 1954 and Santa Ana Register June 9, 1954). No pertinent information was uncovered regarding Mr. Brophy during his time occupying 2301 N Westwood Avenue. The next known owner, Bernie Barnette, owned the subject property from circa 1989 to 2008, per available city directories. Mr. Barnette worked for MacLean sales department in the 1950s as well as worked as a used car manager (Santa Ana Register May 1, 1955). No other information was uncovered. The property remained in the Barnette family until 2024, when current owner Kevin Nguyen purchased the property from Bradley Barnette (See Continuation Sheet 3).
B11. Additional Resource Attributes: (List attributes and codes) *B12. References:
(See Continuation Sheet 4 of 5.)
B13. Remarks: None
*B14. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: March 6, 2025
Sketch Map
(This space reserved for official comments.)
Brophy House
2301 North Westwood Avenue
N
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L
DPR 523B (1/95) *Required information
*P3a. Description (continued):
Window fenestration throughout the property includes a mix of materials, primarily comprised of aluminum and wood-frame windows. On the primary (west) façade, fenestration includes a pair of narrow casement windows to the north and floor-to- ceiling fixed wood windows at the south corner near the main entrance. Below the southwest gable roof are two wood-frame trapezoidal transoms (Figure 6). Window fenestration on the primary (south) façade includes a single wood-framed stained- glass window, one tripartite aluminum-frame casement window, one double glass block window, and a jalousie window.
Remaining rear-facing window fenestration throughout the interior courtyard includes several sets of floor-to-ceiling aluminum slider and fixed windows, large floor-to-ceiling fixed wood windows that span the façade and building corner, and a single vinyl replacement slider window (Figure 7). The north (side) façade contains two sets of aluminum-frame casement windows and one group of aluminum-frame transom casement and fixed windows. Additional architectural features include the use of stonewall material that is applied on the central stonewall chimney, shallow front porch steps, and front yard planters; wood shutters which flank the aluminum casement windows at the primary (west) façade; prominent window sill located on the wood-frame windows and single jalousie window; three long beams extending past the gable’s end at the southwest gable; and rear swimming pool (Figure 8). The property is landscaped with a front lawn, low shrubs, palm trees and tropical-themed plants, and other Mid-Century Modern themed vegetation. *B10. Significance (continued):
Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses.
Since the second half of the twentieth century, the neighborhood in which the Brophy House is located has been known as West Floral Park. Bounded by Santiago Creek on the north, West Seventeenth Street on the south, North Flower Street on the east and North Bristol Street on the west, this residential area largely developed after 1947. Prior to that time, the area was primarily agricultural, and other than Flower Street, which was improved with houses during the 1920s and 1930s, contained only a handful of residences on Baker and Bristol Streets, the City Water Works pumping plant at 2315 North Bristol Street, and the Animal Shelter and City/County Pound at 2321 North Bristol Street. Between 1947 and 1950, around two dozen homes were constructed on Baker, Olive, Towner, and Westwood Streets. Construction boomed throughout the neighborhood during the 1950s, with the California Ranch emerging as the favored residential style.
The Brophy House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Mid-Century Modern style home in Santa Ana. Located in West Floral Park, the house cost $23,000 to build in 1957. The recommended categorization is “Key” because it has a distinctive architectural style and quality reflective of the Mid-Century Modern style (Santa Ana Municipal Code, Section 30-2.2). Character-defining features of the Mid-Century Modern style exhibited by the house include its U-shaped plan; two primary (west and south) facades; asymmetrical design; horizontal emphasis expressed through low-pitched, complex hipped roof with deep overhanging eaves; continuous fascia that wraps around the building’s roofline; southwest gable roof with trapezoidal transoms; original windows and doors consisting of aluminum and wood frames; one jalousie window; prominent window sill on wood-frame windows and one jalousie window; stucco and stonewall cladding throughout; main entrance within front porch composed of double doors with bronze doorknob ornamentation; stonewall chimney; stone-clad front porch steps and planter boxes; louvered privacy wall with a rear yard entrance; attached garage; and front lawn with tropical landscaping. *B12. References (continued):
Ancestry.com. U.S., City Directories, 1822-1995 [database on-line]. Lehi, UT, USA: Ancestry.com Operations, Inc., 2011. _____. 1930 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2002. _____. Ancestry.com. 1940 United States Federal Census [database on-line]. Provo, UT, USA: Ancestry.com Operations, Inc., 2012.
_____. California, U.S., Marriage Index, 1960-1985 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2007.
City of Santa Ana Building Permits
McAlester, Virginia Savage. A Field Guide to American Houses. New York: Alfred A. Knopf, 2013.
Newspapers.com (Santa Ana Daily Register, The Register) Office of Historic Preservation. “Instructions for Recording Historical Resources.” Sacramento: March 1995.
Sanborn maps.
Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969.
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L
Additional Figures:
Figure 2. Louvered privacy wall along the south wing,
facing north.
Figure 3. The building’s deep overhanging eaves, facing northeast.
Figure 4. The prominent southwest building corner with
gable roof, facing north.
Figure 5. The main entrance is raised above two stone-
clad steps and is situated under a wide overhanging
eave that forms the front porch, facing northeast.
Figure 6. On the primary (west) façade, a pair of narrow casement windows, facing east.
Figure 7. At the rear, large floor-to-ceiling fixed wood windows span the façade, facing west.
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State of California The Resources Agency Primary # _____________________________________________ DEPARTMENT OF PARKS AND RECREATION HRI # ________________________________________________ CONTINUATION SHEET Trinomial _____________________________________________
*Recorded by Andrea Dumovich Heywood *Date March 6, 2025 Continuation Update DPR 523L
Figure 8. Primary (west) façade which contains
stonewall material and wood shutters, among other
features, facing east.
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 1 -
Exhibit C
Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S.
Secretary of the Interior’s Standards for Rehabilitation of Historic Buildings, as follows:
1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose.
2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.
4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment.
These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity.
6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures.
7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project.
9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with Historic Resources Commission 1 -28 3/6/2025
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MILLS ACT AGREEMENT
2301 North Westwood Avenue
Santa Ana, CA 92706
- 2 -
size, scale, color, material and character of the property, neighborhood, or environment.
10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired.
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9 0
3 Exhibit D: Proposed Structure Improvements (“Work Plan”) 2301 North Westwood Avenue
Item Year Improvement
1 2025 Replace one rear vinyl slider window with new window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit.
2 2025 Trim exterior landscaping to expose and accentuate historic property features, such as the high gable roofline and corner/ribbon windows, to ensure a clear view of the primary (west and south) façades from the public right-of-way. 3 2025 Repaint exterior of residence with a historically-compatible color palette. 4 2026 Remove double security doors from the main entrance. Replacement doors require Planning Division staff approval prior to installment.
5 2027 Change out exterior lighting for historically-appropriate lighting. Planning Division staff approval required prior to installation.
6 2028 Remove and replace the double glass block window (south façade) with a period appropriate window that is compatible in materials, design, and operation. Planning Division staff approval required prior to issuance of Building permit. 7 2030 Replace non-original garage door with historically-compatible garage door, approved by Planning Division staff prior to installation.
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Police Department
www.santa-ana.org/pd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 20, 2025
TOPIC: Recruitment, Training, and Staffing Consultant Services
AGENDA TITLE
Agreement with Kim Turner, LLC for Recruitment, Training, and Staffing Consulting Services (Specification No 25-009) (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a one-year agreement with Kim Turner, LLC, to provide recruitment, training, and staffing consulting services for the period of May 20, 2025 through May 19, 2026, with provisions for two, one-year extensions, in an amount not to exceed $197,500 (Agreement A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Santa Ana Police Communications Division has historically been critically understaffed, causing employees to be overworked and experience burnout. Trainee retention is the root cause. Since April 2022, 15 dispatchers have been hired to fill vacancies; to date, only two have successfully passed training and probation. Currently, the Communications Division is understaffed by six dispatcher positions.
Over the years, several attempts have been made to improve and restructure our training program and improve recruitment efforts, including creating a Training Committee to mentor, coach, and develop Communications Training Officers (CTO). In addition, we have worked closely with our City's Human Resources team to screen applicants and have implemented an orientation and sit-along phase to the application process.
However, we continue to fall short with our training program.
The objective of the consulting services offered by Kim Turner, LLC is to address systemic root causes and create long-term, sustainable solutions for our staffing challenges. This project will create a tailored training program specific to our policies, procedures, culture, and the community's needs and expectations. This program will reduce the time it takes to train a new dispatcher, thus allowing them to be added to minimum staffing levels as
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Recruitment, Training, and Staffing Consultant Services May 20, 2025
5 0
2 1
soon as possible. In addition, the consultants will conduct an in-depth staffing and schedule analysis for optimization.
On January 9, 2025, the Santa Ana Police Department issued Request for Proposals (RFP #25-009) and it was posted on the City's online bid management and publication system. The RFP aimed to identify qualified Peace Officer Standards Training (POST) certified instructors and subject matter experts capable of addressing systemic root causes and creating long-term, sustainable solutions for the recruitment, training, and staffing challenges within the Communications Division.
A summary of the proposals and offers received is as follows:
977 Vendors notified
1 Santa Ana vendor notified
62 Vendors downloaded the RFP packet
3 Proposals received
0 Proposals received from a Santa Ana vendor
Proposals were opened on January 30, 2025 and evaluated. An evaluation team reviewed and rated all proposals received to determine if necessary qualifications were met. The proposals were evaluated and scored according to criteria identified within the RFP, including Responsiveness to RFP (15%), Experience of Firm and Personnel (50%), Reasonableness of Cost (25%), and References (10%).
Of the three (3) proposals received, two (2) were determined to be responsive and qualified based on their response to the city's specifications and requirements. After the evaluation process, the Santa Ana Police Department Communications Division selected Kim Turner, LLC to provide recruitment, training, and staffing consultant services. Kim Turner, LLC best met the City's specifications, demonstrated vast experience working with similar-sized California public agencies, and offered the most comprehensive level of experience among the firms capable of delivering the required level of service.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available and will be budgeted for future fiscal year as follows:
Fiscal
Year
Accounting Unit-
Account #
Fund Description
Accounting Unit,
Account
Description
Amount
FY 25-26 16614450-62300 US DOJ Asset
Forfeiture
US Dept of Justice
AFF, Contract
Services
Professional
$197,500
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Recruitment, Training, and Staffing Consultant Services May 20, 2025
5 0
2 1
EXHIBIT(S)
1. Agreement with Kim Turner, LLC
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
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AGREEMENT BETWEEN KIM TURNER LLC AND CITY OF SANTA ANA
TO PROVIDE RECRUITMENT, TRAINING, STAFFING AND
CONSULTING SERVICES
THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between Kim Turner, LLC, a Limited Liability Corporation (“Consultant”), and the C ity of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On January 9, 2025, the City issued Request for Proposal No. 25-009 (RFP), seeking proposals from qualified firms and organizations to provide recruitment, training, and staffing consulting services for the Police Department's Communications Division.
B. Among the proposals submitted Kim Turner, LLC best met the City’s specifications, demonstrated vast experience working with similar -sized California public agencies, and offered the most comprehensive level of experience among the firms capable o f delivering the required level of service.
C. Consultant represents that Consultant is able and willing to provide such services to the City. 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, tool s, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the RFP’s Scope of Services - Exhibit A, attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Consultant’s Cost Proposal - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $197,500. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made 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 Exhibit 1
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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 May 20, 2025, for a one (1) year term with the option for the City to grant up to two (2), one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other 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 caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
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MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, 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:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium.
6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention:
Jennifer Arellano, 20 Civic Center Plaza, M-96, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
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Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
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) 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 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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief ar ising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity sh all be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
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8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the w ork product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” s hall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidi ary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any
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capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement.
c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full -time employee for one -year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this (Contract, Agreement, or Grant). The Consultant warrants that it is not now aware of any facts which conflict with the p rohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.
12. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, o r disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail.
This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, s hall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein.
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14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City’s ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product (s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the law s of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement.
18. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
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19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:
Chief of Police
Santa Ana Police Department
City of Santa Ana
20 Civic Center Plaza (M-96)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:
Kim Turner, President
Kim Turner LLC
3200 E. Guasti Road, Suite 100
Ontario, CA 91761
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
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b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed tis Agreement the date and year first above written.
ATTEST CITY OF SANTA ANA
JENNIFER L. HALL
City Clerk
ALVARO NUNEZ
City Manager
APPROVED AS TO FORM
SONIA R. CARV ALHO
TAMARA BOGOSIAN
Senior Assistant City Attorney
KIM TURNER LLC
KIM TURNER
President
RECOAlThlENDED FOR APPR
ROBERT RODRIGUEZ
Chief of Police
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CITY OF SANTA ANA
Co
nsultant shall perform services as set forth below.
I. CONSULTING SERVICES
A. Police Services Dispatcher Recruitment Services must include:
i. Evaluating and enhancing SAPD’s current job posting for Police Services Dispatcher.
ii. Evaluate and enhance SAPD’s current hiring practices for Police Services Dispatcher.
iii. Evalute and enhance SAPD’s current recruitment practices for Police Services Dispatcher.
B. Police Services Dispatcher Training Services shall include:
i. Development of Communications Training Manual to include:
1. Construct timelines and training benchmarks for Communication Training Officers (CTO) that fall in line with the policies and procedures of the SAPD.
2. Manual must be specific to the policies and procedures of the SAPD, and updates shall be provided on an as needed basis.
ii. Provide training for all Communications Training Officers (CTO) on an as needed basis throughout the duration of the Agreement.
C. Police Services Dispatcher Staffing Services must include:
i. Assess the staffing structures, levels, and scheduling practices, including the use of overtime within the Communications Division for optimization. ii. Research and review applicable best practices, regulations, and state and industry standards related to staffing, overtime, call time standards, including the MOU’s between the City of Santa Ana and the Police Officers Association (POA). iii. Analyze and determine optimal staffing and workload levels for the Communications Division personnel.
II. MINIMUM REQUIREMENTS OF AGREEMENT
A. Perform multiple site visits, “sit-alongs”, and interviews with Communications personnel during all shifts, including weekends and graveyard shifts to obtain an understanding of the processes, systems used, and job function/demands.
EXHIBIT A
SCOPE OF SERVICES
City of Santa Ana
RFP 25-009
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CITY OF SANTA ANA
B. Interview personnel to within a set time frame provided by SAPD to understand the hiring and training process for new dispatchers.
C. Provide, at a minimum, once a month in-person, check-in meetings with the Communications Manager throughout the duration of the Agreement.
City of Santa Ana
RFP 25-009
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2. Cost Proposal
25 EXHIBIT B
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2. Cost Proposal
All Proposers are required to submit a fixed rate fee with their Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate she ets, Proposer shall not include rate ranges or averages.
Kim Tu rner, LLC has included our cost proposal, which is a fixed-rate fee. We have followed all instructions provided herein. It is understood that the City reserves the right to negotiate compensation and/or payment schedule prior to award.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Pro poser’s cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
We understand that the City is not responsible for reimbursement of any travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services. Kim Turner, LLC will absorb any additional costs, which will be reflected in our cost proposal fee structure.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
We
attest that this cost proposal is valid for a minimum of one hundred eighty (180) days following this proposal’s deadline.
Pricing shall re main firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S. Department of Labor’s website at www.bls.gov.) Kim Tu rner, LLC guarantees that this pricing will remain firm for the entire initial agreement period and that any proposed pricing adjustments need to be submitted to the City in writing at least ninety (90) days prior to the new agreement date. We understand the city reserves the right to negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index ( CPI ) data from Los-Angeles-Long Beach-Anaheim, CA; urban consumers; not seasonally adjusted; and annualized change comparing the most recent months’ reported data to the same month of the prior year.
C
OST PROPOSAL
The fee for all listed services is $197,500.00.
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SCOPE OF WORK HOURS PROPOSAL
A. Police Services Dispatcher Recruitment Services
I. Evaluating and enhancing SAPD’s current
job posting is for Police Services
Dispatcher.
Review data and job postings for accuracy and
results.
80 hours
II. Evaluate and enhance SAPD’s current hiring
practices for Police Services Dispatchers.
Review the current job description and create
new drafts as necessary to accurately reflect
current work tasks.
80 hours
III. Evaluate and enhance SAPD’s current
recruitment practices for Police Services
Dispatcher
Review recruitment practices, including
current social media
outlets, targeted demographics, and results.
160 hours
B. Police Services Dispatcher Training Services
I. Development of Communications
Training Manual
(1) Develop a communications
a training manual that falls within best
practices and utilizes adult learning
methodologies consistent with SAPD policies
and procedures.
(2) Inclusive of developing a structured training
timeline with
Incremental milestones for trainee
progress/achievement
(3) Inclusive of developing standard
evaluation guidelines
160 hours
Construct timelines and training
benchmarks for Communication Training
Officers (CTO) that fall in line with the
policies and procedures of the SAPD.
Inclusive of B. i.
160 hours
The manual must be specific to the policies
and procedures of the SAPD and updates
shall be provided on an as needed basis.
Updates are within the timeframe of the
contract, not ongoing, and
continuous
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II. Provide training for all Communications
Training Officers (CTO) on an as needed
basis throughout the duration of the
Agreement.
(1) Inclusive of the 40-hour CA POST
Certification Course.
(2) 4-hour in-person training specific to
evaluations and documentation.
TBD/mini
mum 44
hours
C. Police Services Dispatcher Staffing Services
I. Assess the staffing structures, levels, and
scheduling practices, including the use of
overtime within the Communications
Division for optimization.
In addition, scheduling options should be
provided to minimize the impact of overtime
within the context of the current MOU.
160 hours
II. Research and review applicable best
practices, regulations, and state and
industry standards related to staffing,
overtime, call time standards, including the
MOU’s between the City of Santa Ana and
the Police Officers Association (POA).
Inclusive C.i. 160 hours
III. Analyze and determine optimal staffing and
workload levels for the Communications
Division personnel.
Inclusive of staffing study to evaluate the
recommended number of Full-Time Equivalent
positions.
160 hours
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CONSULTING SERVICES
A. Police Services Dispatcher Recruitment Services will include:
a. Evaluating and enhancing SAPD’s current job posting for Police Services Dispatcher. b. Evaluate and enhance SAPD’s current hiring practices for Police Services Dispatchers. c. Evaluate and enhance SAPD’s current recruitment practices for Police Services Dispatchers.
B. Police Services Dispatcher Training Services will include:
a. Development of Communications Training Manual to include:
b. Construct timelines and training benchmarks for Communication Training Officers (CTO) that fall in line with the policies and procedures of the SAPD.
c. Manual must be specific to the policies and procedures of the SAPD, and updates shall be provided on an as needed basis.
d. Provide training for all Communications Training Officers (CTO) on an as needed basis throughout the duration of the Agreement.
C. Police Services Dispatcher Staffing Services will include:
a. Assess the staffing structures, levels, and scheduling practices, including the use of overtime within the Communications Division for optimization.
b. Research and review applicable best practices, regulations, and state and industry standards related to staffing, overtime, call time standards, including the MOU’s between the City of Santa Ana and the Police Officers Association (POA).
c. Analyze and determine optimal staffing and workload levels for the Communications Division personnel.
KEY ASSUMPTIONS
Kim Turner, LLC makes the following key assumptions when preparing our competitive price proposal for the City of Santa Ana.
● Payable NET-30, billed monthly.
● Work requested outside the scope of work will be separately negotiated and billed at an hourly rate of $425.00.
● All travel and lodging for Kim Turner, LLC related to this project is inclusive of the quote for services and will be the sole responsibility of Kim Turner, LLC.
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Public Works Agency
www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 20, 2025
TOPIC: Purchase of Bus Stop Furniture
AGENDA TITLE
Purchase Order to Tolar Manufacturing Company for Bus Shelters and Related Amenities (Specification No. 25-063) (General Fund)
RECOMMENDED ACTION
Authorize a Purchase Order to Tolar Manufacturing Company for bus shelters and related amenities, in a total amount not to exceed $250,000.
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
There are a total of 647 bus stops in the City. Of these, 33 are unimproved (no amenities), 475 are improved with a bench and trash bin, and 172 are fully improved with a bus shelter and related amenities that include a bench and trash bin. Staff identified a number of shelters with amenities that have reached the end of their useful life and with damages beyond repair and need to be replaced. Many benches have already been removed as they were found to be unsafe and unrepairable. With the City having the highest volume of ridership counts in the County of Orange, it is important that the bus stop furniture is replaced and maintained to accommodate the needs of the community.
The recommended purchase order (Exhibit 1) will procure new Santa Ana standard bus shelters and amenities to replace existing deteriorated ones, commonly known as the old green shelters. The new Santa Ana standard bus shelters have been in use since 2019 as a result of a grant funded project and feature a black finish, solar powered LED lights, and Santa Ana logos and lettering. Staff recommends replacement of 13 existing bus stop shelters and related benches and trash bins based on results from routine inspection and passenger boarding data (Exhibit 2).
Santa Ana City Ordinance No. NS-3041 authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever there is only one reasonably available source (Exhibit 3). Tolar Manufacturing Company was the manufacturer and supplier of the bus shelter and amenities procured as part of the grant funded project in 2019. The grant funded project allowed the City to procure a more modern and durable
City Council
17 –
1 5/20/2025
Purchase of Bus Stop Furniture
May 20, 2025
5 0
3 5
bus shelter furnishings that were more easily maintained, did not require power, and were aesthetically pleasing to both passengers and the community at large. In order to ensure the City retains a consistent, high quality public realm theme, it is important that future bus shelter furniture conform to the new established standard. Staff researched available procurement options and product offerings in the market and determined that the bus shelters and related amenities offered by Tolar Manufacturing Company are the only ones that meet the Public Works Agency specifications (Exhibit 4).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds for this purchase are budgeted and available in the following General Fund account:
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 24-25 01117017-62300 General Fund
PWA-Service
Enhancement, Contract
Services - Professional
$250,000
EXHIBIT(S)
1. Quote
2. Locations
3. Sole Source Letter
4. Specifications
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council
17 –
2 5/20/2025
Quote No:
Date:
Quote Expires: 30 Days
Sales Contact:
Phone:
Email:
Project:
Item: Qty: Unit Price: Ext. Price:
11 3 8,985.00$ 116,805.00$
21 3 5,635.00$ 73,255.00 $
31 9 1,360.00$ 25,840.00 $
44 1,360.00$ 5,440.00 $
55 7 65.00$ 3,705.00$
225,045.00$
-$
1,800.00$
CA State Sales Tax
9.25% 20,983.16$
247,828.16$
Pricing Notes:
Print Name:
Date:
PO No:
2 @ $900 TOLAR Delivery:
Signature:
1. Local/State sales and/or use taxes are not included and are t he responsibility of the purchaser, unless specified above.
2. I
f requested, structural engineering calculations from a licensed engineer in the state of installation are additional cost of $1,500.00 per design/model.
QUOTE APPROVED FOR PURCHASE:
Total:
24 Weeks
From receipt of signed written order, and all
required approvals.
Terms: Terms subject to change. Final terms to be
determined based on credit history & bonding.
Net 30 Days From Invoice
Patrick Merrick
FIRM Freight:
23381PMR1
951-547-8209
[email protected]
Sub-Total:
ESTIMATED Freight:
Description:
12' Tolar Signature Sunset Transit Advertising Shelter (37884-00) featuring:
Sunset series extrusion, radius roof, 1/8" aluminum roof panels secured with gasketed pressure ribs, perforated aluminum branding element with location plaque (street names by others), City logo disc with logo (2) on the upstream end, flat back to back media display kiosk downstream with two side hinged display doors containing 3/16" clear tempered glass, durable baked powder coat finish color RAL 9004 Signal Black, adjustable leveling shoes with spun escutcheon shoe covers, stainless steel anchors and all installation hardware- illumination quoted below-benches and trash receptacles quoted separately- WITH REVISIONS DISCUSSED WITH STAFF ON 4/2 DRAWING APPROVAL
REQUIRED PRIOR TO START OF FABRICATION
Tolar USC RAD 170 featuring dusk to dawn solar powered LED illumination under the shelter roof, 8 hours of illumination in the media display kiosk (3390256), powder coat finish RAL 9004 Signal Black - SITE SURVEYS AND
REVIEW OF LIGHTING PLOTS INCLUDED
6' Steel Strap Bench with back, city branding (Model 37824-111), two seat delineators, premium durable baked powder coat finish process with sandblast and pretreat process, zinc anchors with locking nuts (2) 32 Gallon steel strap trash receptacle with hard rubber liner, hinged and lockable door-lock by others, (Model 32915-111), premium, durable baked powder coat finish process with sandblast and pretreat process, zinc anchors with locking nuts (2)
decals for street plaques (1124586)
04/04/25
Lead Time:
258 Mariah Circle
Corona, CA 92879
(951) 808-0081
www.tolarmfg.com
[email protected]
Customer:
Marlene Alcaraz
Right of Way Coordinator
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Transit Shelters-
Advertising -Revised
Design
City Council
17 –
3 5/20/2025
Quote No:
Date:
Quote Expires: 30 Days
Sales Contact:
Phone:
Email:
Project:
Item: Qty: Unit Price: Ext. Price:
24 Weeks
From receipt of signed written order, and all
required approvals.
Terms: Terms subject to change. Final terms to be
determined based on credit history & bonding.
Net 30 Days From Invoice
Patrick Merrick
23381PMR1
951-547-8209
[email protected]
Description:
04/04/25
Lead Time:
258 Mariah Circle
Corona, CA 92879
(951) 808-0081
www.tolarmfg.com
[email protected]
Customer:
Marlene Alcaraz
Right of Way Coordinator
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Transit Shelters-
Advertising -Revised
Design
Standard Terms and Conditions
5. Client provides unloading at destination, including forklift and labor as necessary.
2. Vendor Status: Tolar Manufacturing Company, Inc. is a vendor supplier of manufactured products; is not a subcontractor or contractor; and is not subject to retainage or liquidated damages for any reason.
5. Cancellation: If an order is cancelled by buyer after receipt of order authorization, and cancellation fee of 10% of order value may be assessed to the buyer, in addition to an the cost of materials purchased for the order, which may be invoiced to the buyer at time of cancellation.
6. Processing fee of 3% of total charge amount is additional and charged on all credit card payments.
1. Drawings and Specifications: All drawings and specifications submitted to our clients or potential clients are proprietary in nature and remain our property. They may be viewed, printed and distributed, without alteration, as reference for sales or for the process of specifying products for use. Detailed shop and erection drawings are provided to allow for field installation or repair. Sealed and stamped engineering calculations and drawings from an engineer licensed in the state of installation, if required, can be made available for an additional charge. Customers that provide their own drawing packages will retain ownership and be covered under a separate agreement.
These Terms and Conditions are attached to and incorporated by reference into the Proposal for products or services (“Proposal”) provided by Tolar Manufacturing Company, Inc. (“we”, “our” or “us”).
3. Products are shipped knock down & unassembled in bulk packaging for unloading and installation by others. Hardware boxed by unit. Installation instructions are provided.
4. Freight cost is an ESTIMATE ONLY. Freight is invoiced at actual cost, without mark up, at time of shipment, unless specified above.
10. International Freight: We require the services of freight forwarder for all international shipments. Buyer may select the freight forwarder, subject to our approval. All fees, taxes and additional charges, in addition to the actual freight costs, are the responsibility of buyer.
3. Payment Terms: Payment terms for services rendered or products manufactured by us shall be determined by us based on our determination of the credit worthiness of buyer and may require a deposit at time of order. Products are invoiced as shipped.
11. Returns: Due to the custom nature of our products, we cannot accept returns and we cannot permit cancellations once work has commenced.
12. Manufacturer’s Warranty: Our manufacturer’s warranty is set forth in a separate document.
6. Delivery, Title and Receipt: Unless otherwise provided in the proposal, all shelters are prefabricated and shipped knock-down and in bulk format (not packaged individually) for ease of handling and fast on-site installation. Neither buyer nor consignee shall have the right to direct or re-consign the goods to any other destination without our consent. All sales of products are F.O.B. our plant. Risk of loss of the products shall transfer to buyer upon delivery of the products to the common carrier.
7. Delivery Charges: Unless otherwise provided in the Proposal, buyer shall bear all the costs of transportation, including without limitation loading, unloading, storage, and freight charge. All delivery quotes allow for an approximate 2-hour unload window for a full truck. If this window is exceeded, additional charges may apply. All price quotes given for delivery are based on estimates obtained at the time the quote was requested. Actual freight charges may vary.
8. Delivery Dates: Any delivery date(s) or period of delivery provided for in the Proposal is approximate and does not guarantee a particular date(s) or period of delivery. Estimated lead times are provided in the quote. Under no circumstances will we be liable for delay in delivery occasioned in whole or in part, by fire, flood, explosion, casualty, riot, strike, embargo, transportation delay, breakdown, accident, act of God or the public enemy, government authority, by our inability to secure materials, fuel, supply power or shipping space or any other circumstances beyond our reasonable control.
9. Delayed Shipment: If buyer delays shipment, we may invoice for products when ready for shipment and, at our option, we may charge reasonable daily storage fees.
4. Late Payment Penalty: Buyer agrees to pay a charge equal to the lesser of (i) the highest rate allowable by law or (ii) 1.5% per month (18% per annum) on the unpaid balance with respect to any late payments. In addition, buyer will pay all our costs and expenses, including actual attorney’s fees, incurred in connection with enforcing the Proposal and/or collecting any past due payments. In the event buyer fails to make any payment when due, we have the right of setoff, the right to terminate the Proposal and/or to suspend further deliveries to buyer and the right to recover damages in addition to any other remedies available to us as a matter of law. Buyer has no right to setoff.
City Council
17 –
4 5/20/2025
Quote No:
Date:
Quote Expires: 30 Days
Sales Contact:
Phone:
Email:
Project:
Item: Qty: Unit Price: Ext. Price:
24 Weeks
From receipt of signed written order, and all
required approvals.
Terms: Terms subject to change. Final terms to be
determined based on credit history & bonding.
Net 30 Days From Invoice
Patrick Merrick
23381PMR1
951-547-8209
[email protected]
Description:
04/04/25
Lead Time:
258 Mariah Circle
Corona, CA 92879
(951) 808-0081
www.tolarmfg.com
[email protected]
Customer:
Marlene Alcaraz
Right of Way Coordinator
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Transit Shelters-
Advertising -Revised
Design
15. Amendment: No amendments to these Terms and Conditions can be made unless submitted in writing to us and signed and accepted by our President or his designee.
13. Limitation of Liability: WE ARE NOT LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL, INCLUDING LOST PROFITS, LOSS OR USE, LOSS OF REVENUE OR COST OF CAPITAL. EXCEPT FOR PERSONAL INJURY OR DEATH DUE TO OUR MISCONDUCT, BUYER AGREES THAT THE TOTAL DAMAGES THAT CAN
BE AWARDED IN ANY CLAIM BY BUYER RELATING TO OUR OBLIGATIONS UNDER THE PROPOSAL (WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE TOTAL PAID BY BUYER TO US UNDER THE PROPOSAL. BUYER AGREES THAT THE ABOVE LIMITATIONS ON LIABILITY PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT EVEN IF IT IS FOUND THAT BUYER’S EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. Governing Law, Jurisdiction and Venue: The Proposal shall be governed by and construed in accordance with the laws of the State of California without reference to the choice of law principles thereof. Each party irrevocably submits to the jurisdiction of the Courts of the State of California and the United States District Court for the Central District of California.
City Council
17 –
5 5/20/2025
EXIBIT 2
LOCATION OF PROPOSED BUS STOP IMPROVEMENTS
2024
Boardings Ward
Council STREET of TRAVEL
NB HARBOR BLVD
WB WARNER AVE
EB WARNER AVE
WB EDINGER AVE
EB EDINGER AVE
WB WESTMINSTER AVE
EB 17TH ST
BUS STOP LOCATION
FS MACARTHUR BLVD
FS BRISTOL ST
Existing Material Type
Shelter
Ex. Ex. Ex. Ad Ad
Pannels Occupan
Proposed Improvement
Bench Trash
235,109
55,699
43,839
41,288
39,401
36,448
32,360
30,851
22,803
19,194
18,953
14,823
11,464
1 Single
Single
Single
Single
Single
Single
Single
Single
Single
Single
Single
Single
Single
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
Old Green
1 1
1 1
1 1
1 1
1 1
1 1
1 2
1 1
1 2
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 50%
67%
33%
76%
97%
82%
82%
80%
76%
76%
76%
76%
75%
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
Replace existing deteriorated
shelter with new
4/6
1 FS HARBOR BLVD
FS STANDARD AVE
FS BRISTOL ST
6 2/4/6
3/5
3 FS FAIRVIEW ST
NS GRAND AVE
4 NB BRISTOL ST FS SEGERSTROM AVE
FS HEMLOCK WAY
FS BRISTOL ST
4 NB BRISTOL ST
4 EB MACARTHUR BLVD
NB FAIRVIEW ST
EB 1ST ST
1/2/4
2/6
1/4
NS EDINGER AVE
NS MAPLE ST
NB FAIRVIEW ST FS MACARTHUR BLVD Replace existing deteriorated shelter with new
City Council
17 –
6 5/20/2025
TOLAR MANUFACTURING COMPANY INC.
TRANSIT SHELTERS | STREET FURNITURE | DISPLAYS & DIRECTORIES | TRANSIT SOLAR LIGHTING 258 Mariah Circle, Corona, CA USA 92879-1751 | 800-339-6165 | 951-808-0081 | www.tolarmfg.com
April 7, 2025
Marlene Alcaraz
Right-Of-Way Coordinator
City of Santa Ana
20 Civice Center Plaza
Santa Ana, CA 92701
Project: City of Santa Ana Branded Shelters-Sole Source
Dear Jason:
The transit shelters (Tolar Models 35835-03/37884-00) and bench (37824-111) were designed and fabricated for the City of Carson in 2015/2016 by Tolar Manufacturin g Company, Inc were fabric ated based on designs th at are our intellectual property and contain many custom metal and gasket extrusions that are unique to us. This includes our muti-channel horizontal extrusion and hidden hinge kiosk extrusion. The shel ter also contains City of Santa Ana specific branding. The bench within the shelter and throughout the City contains Santa Ana specific branding.
In addition, the solar-powered illumination system was designed exclusively for the project in concert with the engineers at our vendor partner, Urban Solar Corporation. Based on the sh elters described above, our outside professional engineer performed the stamped and steeled structural calculations.
The project we recently quoted will be fabricated to the sa me specifications by our AWS welders and under the direction of our rigid quality control processes. This allows the City of Santa Ana staff or their assignee to deal with one kit of replacement parts, one type of solar power unit, and one method of repair.
Don't hesitate to contact me if you have any questions regarding this information.
Sincerely,
Patrick Merrick
Executive Vice-President
Patrick
Merrick
Digitally signed by
Patrick Merrick
Date: 2025.04.07
13:05:40 -07'00'
City Council
17 –
7 5/20/2025
City Council
17 –
8 5/20/2025
Public Works Agency
www.santa-ana.org/pw
Item #
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 20, 2025
TOPIC: Agreement for First Street Multimodal Boulevard Study
AGENDA TITLE
Agreement with HDR Engineering, Inc. to Conduct the First Street Multimodal Boulevard Study (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with HDR Engineering Inc. to provide traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study in the amount of $3,870,000, for a term beginning May 21, 2025 and ending on May 20, 2027, with the option for two, one-year extensions (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The Public Works Agency’s (PWA) Engineering Division is responsible for the administration and oversight of all Capital Improvement Projects in the City. Per the approved General Plan, First Street between Bristol Street and Tustin Avenue is envisioned as a multimodal corridor through a series of safety and infrastructure improvements and enhancements. These improvements will benefit all users of First Street, including travelers who utilize Orange County Transportation Authority’s (OCTA) Route 64, identified as one of the highest ridership bus routes in Orange County.
On April 12, 2023, OCTA submitted an application to the Southern California Association of Governments (SCAG) for Regional Early Action Planning (REAP 2.0) grant funding on behalf of the City to accelerate progress towards state housing goals and climate commitments through strengthened partnerships between the state, its regions, and local entities. REAP 2.0 seeks to accelerate infill housing developments, reduce vehicle miles traveled, increase housing supply at all affordability levels, affirmatively further fair housing, and facilitate the implementation of adopted regional and local plans to achieve these goals.
On July 6, 2023, SCAG awarded OCTA REAP 2.0 grant funds for planning, outreach, transit, active transportation, and transit signal priority projects, which included funding for the First Street Boulevard Multimodal Study. The study will examine options to
City Council
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First Street Multimodal Boulevard Study
May 20, 2025
5 0
2 2
enhance transportation along First Street by assessing the feasibility of various infrastructure improvements through extensive community outreach, field data analyses, modeling, design, and environmental clearance with the intent of identifying and designing a locally preferred alternative. The study will evaluate multimodal improvements that promote the safety and transportation goals included in the City’s recently adopted General Plan Mobility Element Update.
On February 18, 2025, City Council recognized the REAP funding in the amount of $4,300,000 into the FY 2024-25 CIP and approved cooperative agreement between the OCTA and the City of Santa Ana (Cooperative Agreement No. C-4-2053). This funding will be utilized to cover the entirety of the recommended consultant agreement as well as city staff time spent on the project, resulting in a net savings to the General Fund.
Request for Proposals (RFP) No. 25-029 was issued on February 25, 2025 on the City’s online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows:
832 Vendors notified
7 Santa Ana vendors notified
60 Vendors downloaded the RFP packet
5 Proposals received
1 Proposal received from Santa Ana vendor
Proposals were solicited, opened on March 25, 2025, and evaluated. A total of five consultants submitted proposals. All proposals were reviewed by an evaluation committee consisting of City of Santa Ana and OCTA staff and were rated based on experience, qualifications, project understanding, schedule, past performance, and references. The top three rated proposals were invited to interview on April 15, 2025.
Based on the scoring criteria outlined in the RFP, the following summarizes the ranking of all responding firms:
Firm City Ranking
HDR Engineering, Inc. Irvine, CA 1
Mark Thomas Irvine, CA 2
Arcadis U.S., Inc. Irvine CA 3
Kimley-Horn Orange, CA 4
AYCE Santa Ana, CA 5
Based on the proposal and interview evaluations, staff recommends awarding the agreement to HDR Engineering, Inc. (HDR) to conduct the First Street Multimodal Boulevard Study (Exhibit 1). HDR Engineering, Inc. is a global architecture, engineering, environmental, and construction firm with over 150 transportation engineering and planning staff in Southern California. In accordance with the RFP criteria, HDR demonstrated a depth of experience working with similar-sized California public agencies on multimodal corridor studies and design projects and put together a very
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strong team of professionals well-versed in a multitude of disciplines required by the project. HDR demonstrated the ability to allocate the necessary resources to complete the project within a 12-month compressed timeline allotted by the grant funding source.
Furthermore, HDR brings over 30 years of experience as having staff with registered Professional Engineers and Traffic Engineers delivering over 20 multimodal projects, most of which were grant funded and located along commercial corridors similar to First Street. The HDR team was determined to be the most qualified to help the City transform and revitalize the First Street corridor in alignment with the goals and objectives set forth in the approved General Plan Mobility Element and is demonstrated in their proposal (Exhibit 2). The HDR team incorporates four subconsultants with substantial experience working with the City of Santa, OCTA, and other local agencies in Orange County. The subconsultants and respective roles include:
•Cityworks Design: San Marino, CA – Multimodal Concept Development •Costin Public Outreach Group: Huntington Beach, CA – Stakeholder/Community Outreach/Engagement
•Estolano Advisors: Los Angeles, CA – Transit-Orientated Development/Land Use Planning/Equity
•GUIDA: Irvine, CA – Surveying/Mapping
As part of the study’s outreach efforts, staff will work closely with City Council through various meetings to ensure the recommendations are in alignment with Council’s goals and vision for the corridor. Staff will return to Council to seek approval of the Recommended Action (Locally Preferred Alternative) in December of 2025, prior to advancing to the final engineering plan production phase. Completion of this study will position the City to seek grant funds to potentially carry out and construct the infrastructure improvements in future years as approved by City Council.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available for expenditure in Fiscal Year 2024-2025. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval to carry forward to Fiscal Year 2025-2026.
Fiscal
Year
Accounting Unit-
Account No.
Fund
Description
Accounting Unit,
Account Description Amount
2024-
25 14717613-66220
(25-6042)
Street Safety
Programs
Regional Early Action
Planning Grant,
Improvements Other
Than Buildings
$3,870,000
Total $3,870,000
City Council
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First Street Multimodal Boulevard Study
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EXHIBIT(S)
1. Agreement with HDR Engineering, Inc.
2. HDR Engineering, Inc. Proposal
Submitted By: Nabil Saba, P.E., Executive Director – Public Works Agency Approved By: Alvaro Nuñez, City Manager
City Council
18 –
4 5/20/2025
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into on this 20th day of May, 2025 by and between HDR Engineering, Inc., (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing un der the Constitution and laws of the State of California (“City”).
RECITALS
A. On February 25, 2025, the City issued Request for Proposals (“RFP”) No. 25-029, by which it sought a Consultant to perform traffic engineering and transportation planning services for the First Street Multimodal Boulevard Study.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 25-029.
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 in the scope of w ork that was included in RFP 25-029, which is attached as Exhibit A and incorporated in full.
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 B, attached hereto. The total amount to be expended during the term of this Agreement shall not exceed Three Million, Eight Hundred Seventy Thousand Dollars ($3,870,000), including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutio ns.
EXHIBIT 1
City Council
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Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non -exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agr eement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.
Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agr eement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant.
City Council
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MINIMUM SCOPE AND LIMIT OF INSURANCE
1. Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01covering CGL on an “ occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies.
2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liab ility insurance, City will accept evidence of personal automobile insurance.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, polic y or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance.
4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, 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:
1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant’s CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising o ut of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations.
2. Consultant’s Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement.
3. For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.
4. A severability of interest provision must apply for all the additional insu reds, ensuring that Consultant’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.
5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior
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written notice shall be provided to Cit y 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, Public Works Agency, 20 Civic Center Plaza, M -43, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower r etention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City.
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) 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 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.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reas onable
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decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States’ letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.
10. CONFIDENTIALITY
If Consultant receives from th e City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only wri tten information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consu ltant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this
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