program will also concentrate on bicycle/pedestrian safety, speed violations, aggressive driving, and seat belt enforcement.
The educational portion of the grant will include funding for Police Department staff to facilitate multi-media presentations at local schools in partnership with the Santa Ana Unified School District. Promotional and educational materials will be made available to support ongoing outreach programs already in place. This grant also includes funding to purchase bicycle helmets for distribution to community members during outreach and education events.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $639,500 in the Office of Traffic Safety-Federal Grant-Indirect revenue account (no. 16514002-52001) and appropriate same in the Selective Traffic Enforcement Program expenditure account (nos. 16514414-various) for projected expenditures as follows:
Fiscal
Year
Accounting Unit
- Account No. Fund Description Accounting Unit, Account Description Amount FY 26-27
(Oct.-June)
16514414-
Various
Office of Traffic
Safety Grant
Selective Traffic
Enforcement,
Various
$373,000
FY 27-28
(July-Sept.)
16514414-
Various
Office of Traffic
Safety Grant
Selective Traffic
Enforcement,
Various
$266,500
Total $639,500
The amounts shown in each fiscal year are estimates only. Any unspent grant funds at the end of FY 2026-27 will be carried forward for expenditure in the subsequent fiscal year.
EXHIBIT(S)
1. Grant Agreement with Office of Traffic Safety
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
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State of California Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT27154
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Santa Ana From:
To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
Santa Ana Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with community members.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed:
Allocation is contingent upon availability of federal funds. $639,500.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A Problem Statement, Goals and Objectives and Method of Procedure Schedule B Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A Certifications and Assurances
Exhibit B* OTS Grant Program Manual
Exhibit C Grant Electronic Management System (GEMS) Access *The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov. Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEM
California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.
Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully EXHIBIT 1
City Council 15 – 3 10/6/2026
8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
A. GRANT DIRECTOR
NAMEI Joseph Marty
TITLE: Commander
EMAIL: [email protected]
PHONEI (714) 245-8274
ADDRESS: 60 Civic Center Plaza
Pa Box 1981
Santa Ana, CA 92702
_ M/ Allll 17 :ynps
B. AUTHORIZINGOFFICIAL
NAME: Alvaro Nunez
TITLE: City Manager
EMAIL: [email protected]
PHONEI (714) 647-5200
ADDRESS: 60 Civic Center Plaza
Pa Box 1981
Santa Ana, CA 92702
";ni4;h-Wiiy-Augl7 20)612493tPDTl 0#lj 'a I ###+
(Signature) (Date)
C. FISCAL OFFICIAL
NAME: Alexander Trinidad
TITLE: Director of Finance and Management Svcs (MM)
EMAIL: [email protected]
PHONE: (714) 647-5295
ADDRESS: 20 Civic Center Plaza
PO Box 1981
Santa Ana, CA 92702
(Signature) (Date)
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAMEI Stephanie Dougherty
TITLEI Director
EMAILI [email protected]
PHONE: (916) 509-3030
ADDRESSI 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY
NAMEI Mary Khang
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
9. SAM INFORMATION
SAM#: KZE9G2M4GRX9
REGISTERED
ADDRESSI Pa BOX 1988, M-17
CITY: Santa Ana, California
Ztp+4: 92702-4058
ATTEST: RECOMMENDED FOR APPROV AL:
Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Thdon Salvatierra
Assistant City Attorney
8/17/2026 7:49:04 AM
Robert Rodriguez
Chief of Po ice
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
402PS-27 20.600 0521-0890-101 2026 19/26 BA/26 $1,000.00 1906-27 20.611 0521-0890-101 2026 19/26 BA/26 $11,500.00 405e DDA- 20.616 0521-0890-101 2026 19/26 BA/26 $42,000.00 402PT-27 20.600 0521-0890-101 2026 19/26 BA/26 $100,000.00 164ID-27 20.608 0521-0890-101 2026 19/26 BA/26 $485,000.00
AGREEMENT
TOTAL $639,500.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$639,500.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
$639,500.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT27154
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
The City of Santa Ana, located in central Orange County, California, serves as the county seat and is known for its vibrant culture and rich history. With a population of approximately 310,000 residents, Santa Ana is the second most populous city in the county, following Anaheim. Covering about 27.5 square miles, the city features a diverse mix of residential neighborhoods, commercial centers, and industrial areas. government offices and institutions. The city has a predominantly Latino population, which contributes significantly to its cultural identity and community life. Santa Ana is home to historic landmarks such as the Old Orange County Courthouse and the Santa Ana Zoo, as well as modern destinations like MainPlace Mall and a growing downtown arts district.
Due to its central location and proximity to major highways including Interstate 5 and State Routes 22 and 55, Santa Ana experiences high volumes of commuter traffic. This results in ongoing challenges related to traffic safety, particularly for pedestrians and cyclists. The Santa Ana Police Department actively addresses these concerns through enforcement, public education, and community engagement initiatives aimed at improving roadway safety for all users.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
Santa Ana consistently reports a higher-than-average rate of traffic crashes compared to other cities of similar size. These incidents frequently involve speeding, impaired driving, and failure to yield violations, posing a serious risk to the safety of all roadway users. Additionally, the city's dense neighborhoods and mixed-use areas result in increased pedestrian and bicycle activity, further compounding the risks of severe or fatal crashes. During 2025, the City of Santa Ana experienced 20 fatal traffic crashes involving pedestrians or bicycles.
Data indicates that the city experiences a disproportionate number of crashes in specific high-traffic corridors and intersections. Vulnerable populations, including children, seniors, and economically disadvantaged residents, are particularly at risk due to limited access to safe infrastructure and transportation alternatives. Despite ongoing efforts, enforcement resources remain strained, limiting the aw a
decrease in the number of fatal traffic crashes; however, in 2024 the city experienced a record high of 31 fatal traffic crashes. A large portion of these crashes were pedestrians in the roadway, both at fault and not.
There has been a large increase of pedestrian traffic within our city limits and many times the pedestrians are not using marked or unmarked crosswalks. The city has many large streets with multiple lanes and large gaps between intersections. This causes pedestrians to cross traffic in a dangerous manner and crashes occur.
Santa Ana faces unique challenges related to traffic safety, with high volumes of vehicular, bicycle, and pedestrian activity. The city's central location and major thoroughfares, including Interstate 5 and State Routes 22 and 55, contribute to significant commuter traffic. As a result, traffic safety remains a priority for the Santa Ana Police Department, which is committed to reducing crashes and enhancing the safety of all roadway users through proactive enforcement, education, and community engagement.
Santa Ana continues to face dangerously high rates of traffic-related injuries and fatalities among bicyclists and pedestrians. According to the Office of Traffic Safety 2023 rankings, Santa Ana placed 4th out of 15 large cities for both bicyclist injuries and fatalities, with particularly concerning numbers among children and 13 most populous California cities for bicyclist crashes and the 5th highest for pedestrian crashes. These rankings highlight a critical safety issue for vulnerable road users and underscore the urgent need for preventative measures. We currently have 100 helmets available and will properly fit and distribute them at City Council 15 – 6 10/6/2026
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local schools and community events. Providing helmets and properly fitting them is a direct and effective way to reduce the severity of injuries in crashes and promote safer riding practices throughout the community. Research consistently shows that helmets, when properly fitted, are proven to significantly reduce the severity of head injuries in bicycle crashes. It is our goal to ensure that individuals receive appropriately sized helmets and be fitted correctly in order to maximize safety impact. We currently have 50 helmets available and will properly fit and distribute them at local schools and community events. Providing helmets and properly fitting and distributing them is a direct and effective way to reduce the severity of injuries in crashes and promote safer riding practices throughout the community. Research consistently shows that helmets, when properly fitted, helmets are proven to significantly reduce the severity of head injuries in bicycle crashes. It is our goal to ensure that individuals receive appropriately sized helmets and be fitted correctly in order to maximizes safety impact.
Also, the top three primary crash factors for 2025 are improper turning, unsafe speed and automobile right of way violations. Improper movement resulted in 1 fatal crash with 1 victim killed and causing an additional 223 crashes, with 306 victims injured. Unsafe speeding caused 5 fatal crashes with ten (10) victims killed, as well as causing 310 crashes resulting in 446 victims injured. Right of way violations caused 1 fatal crash with 1 victim killed and causing 287 crashes, with 444 victims injured. Of significant note, in 2025, the City of Santa Ana responded to 63 pedestrian violation crashes, which accounted for 1.7% of our crashes. Yet, pedestrian violation crash investigations accounted for 52% of our fatal crashes. These factors highlight the urgent need for target strategies to reduce crashes and improve roadway safety for all in our community.
Define the target population the grant intends to serve and how they are affected by the problem(s).
Santa Ana Police department will be implementing evidence-based traffic safety measures to significantly reduce the number of crashes at identified hotspots. This includes high visibility enforcement activities such as DUI Saturation, DUI/DL Checkpoints, among others.
We will implement strategies to identify and address the issue of unlicensed drivers through education and enforcement; thereby reducing the risk of crashes caused by individuals without valid driving credentials.
We will focus on pedestrian traffic incidents by implementing awareness campaigns and safety equipment distribution to ensure the safety of pedestrians and cyclists on city streets.
We will establish community outreach programs to educate residents and commuters about the importance of traffic safety and garnering their support for sustainable, long-term changes.
By addressing these key issues, the Santa Ana Police Department seeks to create a safer and more efficient transportation environment with the overall goal to keep everyone on our roadways safe.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
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18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Distribute and properly fit OTS funded bicycle helmets at no cost to community members in need who receive bicycle helmet safety education. 50 3. Purchase bicycle helmets. 50
4. Participate and report data (as required) in the following campaigns; Quarter 1:
National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 5.
and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes 12 6. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 1 7. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 1 8. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 9. Send law enforcement personnel to the DRE Recertification training. 1
10. Send law enforcement personnel to SFST Instructor training. 1
11. Send law enforcement personnel to DRE Instructor training. 1
12. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
12 13. Conduct DUI Saturation Patrol operation(s). 40
14. Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
4 15. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
23 16. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
13 17. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 2 18. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 City Council 15 – 8 10/6/2026
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19. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
6 20. Conduct Know Your Limit campaigns with an effort to reach members of the community.
4 21. Participate in highly visible collaborative DUI Enforcement operations. 4
22. Participate in highly visible collaborative Traffic Enforcement operations. 3
23. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 24. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 25. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
10 26. Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias. 2 3. METHOD OF PROCEDURE
A. Phase 1 Program Preparation (1st Quarter of Grant Year) outlined in the objectives section.
Conduct all training needed to implement the program, in the first quarter.
Purchase all grant related supplies and materials to implement the program, in the first quarter.
Items with a unit cost of $5,000 more (including tax and shipping) must comply with the Buy America Act.
offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO current license status, and
the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.
B. Phase 2 Program Operations (Throughout Grant Year)
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any City Council 15 – 9 10/6/2026
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material is distributed to the media and public, such as a news release, educational material, or link to social media post.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.
The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
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Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT27154
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PS-27 20.600 State and Community Highway
Safety
$1,000.00
1906-27 20.611 Racial Profiling Prohibition Grants $11,500.00 405e DDA-27 20.616 Distracted Driving Awareness $42,000.00 402PT-27 20.600 State and Community Highway
Safety
$100,000.00
164ID-27 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$485,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164ID-27 $14,000.00 12 $168,000.00
DUI Saturation Patrols 164ID-27 $6,940.00 40 $277,600.00 Warrant Service Operations 164ID-27 $2,600.00 4 $10,400.00 Know Your Limit 164ID-27 $2,600.00 4 $10,400.00
Collaborative DUI Enforcement 164ID-27 $2,600.00 4 $10,400.00 Traffic Enforcement 402PT-27 $2,500.00 23 $57,500.00
Motorcycle Safety Enforcement 402PT-27 $2,500.00 2 $5,000.00 Pedestrian and Bicycle Enforcement 402PT-27 $2,500.00 4 $10,000.00 Street Racing and Sideshow Enforcement
Operations
402PT-27 $3,450.00 2 $6,900.00
Collaborative Traffic Enforcement 402PT-27 $2,500.00 3 $7,500.00 Traffic Safety Educational Presentations 402PT-27 $1,150.00 6 $6,900.00 Distracted Driving Enforcement 405e DDA27 $3,230.77 13 $42,000.00 Community Collaboration Engagement 1906-27 $1,150.00 10 $11,500.00 Category Sub-Total $624,100.00
B. TRAVEL EXPENSES
In State Travel 402PT-27 $6,200.00 1 $6,200.00
$0.00
Category Sub-Total $6,200.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164ID-27 $8,200.00 1 $8,200.00
Bicycle Helmets 402PS-27 $20.00 50 $1,000.00
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Category Sub-Total $9,200.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $639,500.00
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State of California Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT27154
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Warrant Service Operations - Overtime for grant funded Warrant Service Operations conducted by appropriate department personnel.
Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum, OTS Traffic Safety Summit, GHSA Annual Meeting in Anaheim. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-EQUIPMENT
-OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed a Unit Cost of $20, including shipping, handling, and tax. More expensive helmets may be purchased if approved by OTS.
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INDIRECT COSTS
-STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.
Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.
Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).
Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.
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Appendix A to Part 1300 Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4 Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300 Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
2 CFR part 1201 Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing not
limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT27154
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The preceding statutory and regulatory cites hereinafter are referred to as the respectively.
GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT,
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:
1. 49 CFR part 21 will be (with regard to an facilitated, conducted in compliance with all requirements
imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the City Council 15 – 17 10/6/2026
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or City Council 15 – 18 10/6/2026
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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) City Council 15 – 19 10/6/2026
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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled
Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY TIER
COVERED TRANSACTIONS
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and City Council 15 – 20 10/6/2026
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered tier covered transactions and in all solicitations for
lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart
9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of City Council 15 – 21 10/6/2026 8/17/2026 7:49:04 AM Page 20 of 23
records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER
COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient.
If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users. 2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. Kelvin Catlin
Title: Detective - CIU Media Contact: No
Phone: (714) 245-8200
Email: [email protected]
2. Ricardo Diaz
Title: Sergeant Media Contact: Yes
Phone: (714) 245-8210
Email: [email protected]
3. Leo Martinez
Title: Senior Management Analyst Media Contact: No
Phone: (714) 245-8405
Email: [email protected]
4. Tram Tran
Title: Account Clerk Media Contact: No
Phone: (714) 245-8200
Email: [email protected]
State of California Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT27154
GRANT DETAILS
Grant Number: PT27154
Agency Name: Santa Ana Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $639,500.00
Authorizing Official: Alvaro Nunez
Fiscal Official: Alexander Trinidad
Grant Director: Joseph Marty
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Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} Name Job Title
Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} Name Job Title
Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} Name Job Title
Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} Name Job Title
Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[] c9_es_:signer1}}No {{[]c10_es_:signer1}} Name Job Title
Email address Phone number
Form completed by: Date:
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access.
Signature Name
Grant Director
Date Title
City Council 15 – 25 10/6/2026
Police Department
www.santa-ana.gov/pd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Office on Violence Against Women FY 2025 Grant Funds
AGENDA TITLE
Appropriation Adjustment and Memorandum of Understanding Accepting the Office on Violence Against Women FY 2025 Grant to Improve the Criminal Justice Response Program (Non-General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute a Memorandum of Understanding with Human Options, Inc. accepting the Office on Violence Against Women FY 2025 Grant to Improve the Criminal Justice Response Program in the amount of $260,020 for the period of April 1, 2026 through March 31, 2029 (Agreement No. A-2026- XXX).
2. Approve an appropriation adjustment recognizing $260,020 in the DOJ Grants, Federal Grant-Indirect revenue account (no. 12714002-52001) and appropriate same to the Office on Violence Against Women Improving Criminal Justice Response expenditure account (nos. 12714406-various). (Requires five affirmative votes)
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The United States Department of Justice, Office on Violence Against Women (OVW) solicited grant applications for the FY 2025 Improving Criminal Justice Response to Domestic Violence, Dating Violence, Sexual Assault, and Stalking grant program, which implements certain provisions of the Federal Violence Against Women Act. The program enhances victim safety and offender accountability in cases of sexual assault, domestic violence, dating violence, and stalking by encouraging jurisdictions to implement pro-arrest policies as an effective intervention that is part of a coordinated community response. An integral component of the Improving Criminal Justice Responses program is the creation and enhancement of collaborative partnerships between criminal justice agencies, victim services providers, and community City Council 16 – 1 10/6/2026
Office on Violence Against Women FY 2025 Grant Funds
October 6, 2026
organizations which respond to sexual assault, domestic violence, dating violence, and stalking.
In June 2025, Human Options, in collaboration with the Santa Ana and Irvine Police Departments, submitted a grant application to the United States Department of Justice, Office on Violence Against Women and was later awarded $1,000,000 for the performance period of April 1, 2026 through March 31, 2029. Human Options is the fiscal and project lead for this program, and the Santa Ana and Irvine Police Departments are the criminal justice agency partners that will investigate domestic violence cases. There was a delay in awarding the grant due to the federal government shutdown. The Santa Ana Police Department’s share of the award is $260,020 under this grant program.
In partnership with Human Options, the Santa Ana Police Department will use this award to assist with the implementation of the Collaborative's project. Specifically the funds will provide for police officer overtime and training. Special Crimes/Domestic Violence detectives, investigators, and police officers from the Santa Ana Police Department will investigate domestic violence cases, update cases in the Police Department’s Report Management System, and assist with the mobile domestic violence response team comprised of a Human Options domestic violence advocate and a Santa Ana Special Crimes detective or police officer.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $260,020 in the DOJ Grants, Federal Grant-Indirect revenue account (no. 12714002-52001) and appropriate same to the Office on Violence Against Women Improving Criminal Justice Response expenditure account (nos. 12714406-various) for expenditure as follows:
Fiscal
Year
Accounting Unit
- Account No.
Fund
Description
Accounting Unit,
Account Description Amount
FY 26-27
(Oct.-June)
12714406-
Various
Department of
Justice Grants
OVW-Improving
Criminal Justice
Response, Various
$ 95,010
FY 27-28 12714406-
Various
Department of
Justice Grants
OVW-Improving
Criminal Justice
Response, Various
$ 95,010
FY 28-29
(July-Mar.)
12714406-
61040
Department of
Justice Grants
OVW-Improving
Criminal Justice
Response, Overtime
$ 70,000
Total $260,020
City Council 16 – 2 10/6/2026
Office on Violence Against Women FY 2025 Grant Funds
October 6, 2026
The amounts shown in each fiscal year are estimates only. Any remaining balances at the end of each fiscal year will be presented to City Council for approval of carryovers to the subsequent fiscal year.
EXHIBIT(S)
1. Memorandum of Understanding with Human Options
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 16 – 3 10/6/2026
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H!!MANWOPTIONS PREVENT. PROTECT. EMPOWER. TRANSFORM.
o
Memorandum of Understanding
WHEREAS, Human Options, Inc. (Human Options) and the City of Santa Ana, a California Municipal Corporation (the City of Santa Ana), and the City of Irvine, a California municipal corporation (the City of Irvine) have come together to collaborate and to submit an application for the OVW Fiscal Year 2025 Grant to Improve the Criminal Justice Response Program; and
WHEREAS, the partners listed below have agreed to enter into a collaborative agreement in which Human Options will be the lead agency and the City of Santa Ana and the City of Irvine will be partners on this project; and
WHEREAS, the partners executed a Conditional Memorandum of Understanding on June 18, 2025, to submit an application for the Department of Justice (DOJ) Office on Violence Against Women (O\/W) Fiscal Year 2025 Grant to Improve the Criminal Justice Response Program; and
WHEREAS, partners prepared and submitted a grant funding application to DOJ O\/W on June 18, 2025; and
WHEREAS, DOJ O\/W approved and awarded $1,000,000 to Human Options for partners' activities during a perTormance period of April '1, 2026 through March 3!, 2029; and WHEREAS, due to a federal government shutdown, the DOJ OVW Fiscal Year 2025 Grant was not awarded until May 5, 2026; and
WHEREAS, the partners herein desire to enter into this Memorandum of Understanding (MOU), as a collaborative agreement, setting forth the services to be provided by the collaborative agreement.
EXHIBIT 1
City Council 16 – 4 10/6/2026
Docusign Envelope ID: F7C8427E-1 E1
HUMANWOPTIONS PREVENT. PROTECT. EMPOWER. TRANSFORM.
0 Description of PartnerAgencies
Human Options (Applicant) is a private nonprofit organization specializing in domestic violence victim services. Incorporated in 1981, Human Options provides domestic violence services throughout Orange County, California. Human Options' mission statement is as follows:
We ignite social change by educating Orange County to recognize relationship violence as an issue that threatens everyone, advocating for those affected by abuse, extending a safe place for victims, and empowering survivors on their journey of healing.
Human Options has evolved from a small grassroots effort into a large nonprofit organization that provides comprehensive domestic violence prevention and victim services, including a 24- hour bilingual domestic violence hotline, a continuum of housing options for victims of domestic violence and their children, legal advocacy, case management, mental health counseling, children's therapeutic services, and prevention education. Human Options is well-regarded in Orange County and California as a leader in the domestic violence movement and a catalyst for collaborative and empowering services that improve the safety and well-being of victims and their families. Human Options' mission statement is as follows:
We ignite social change by educating Orange County to recognize relationship violence as an issue that threatens everyone, advocating ror those affected by abuse, extending a safe place for victims, and empowering survivors on their journey of healing.
To increase access to its services, Human Options has established a network of communitybased services offered in multiple locations, including eight family resource centers and two family justice centers throughout Orange County. Each year, Human Options responds to more than 5,500 calls for assistance through its hotline and walk-in centers and serves 350 domestic violence survivors through its shelter and transitional housing programs, 1,000 people through its community-based programs, and 10,000 community members through community education and outreach.
The City of Santa Ana was incorporated in 1886 and is the County's third-largest city, with a population of over 316,000 residents, which increases by 50 percent during business hours. The City of Santa Ana is in Southern California, 10 miles from the California coast, and covers 27.1 square miles in central Orange County. The City of Santa Ana has a Council-Manager system of government to govern its residents and community. The City of Santa Ana serves as the County Seat; the Civic Center houses state and federal court complexes, the majority of the County's local, state, and federal agencies, including the Federal Bureau of Investigation, Drug Enforcement Administration, and Bureau of Alcohol, Tobacco, and Firearms. The City of Santa Ana is home to several social service providers and most county government offices, critical to the delivery of services to the City of Santa Ana residents, businesses, and county residents.
City Council 16 – 5 10/6/2026
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The City of Santa Ana's mission is:
To deliver efficient public services in partnership with our community, which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents.
The City of Santa Ana's 5-year vision is as follows:
The City of Santa Ana honors its rich cultural history as it becomes a thriving urban center with welcoming green spaces and world-class amenities, services, and infrastructure. The efficient and financially stable City government will further diversify The City of Santa Ana's housing and economy, increase the community's safety, and support programs and services that enhance residents' quality of life.
The Santa Ana Police Department (SAPD) is a community-oriented police department committed to high-quality services, innovative leadership, and problem prevention, supported by highly trained, professional employees in modern facilities equipped with the latest technology.
Their values serve as guidelines for the discretionary use of police powers and form the basis for evaluating employee actions.
Officers from the Santa Ana Police Department respond to over 5,000 domestic violence-related calls each year-20% of which result in criminal cases, 40% of which are related to domestic incidents where no crime occurred, with the remaining calls resolved as various other types of conflicts. The Santa Ana Police Department values community partnerships with entities such as Human Options to deliver the highest-quality service. Through this partnership, victims of domestic violence in the City of Santa Ana have received in-person advocacy and services at the time of reporting and through investigative follow-up by detectives, investigators, and officers.
The City of lrvine, incorporated in 1971, is the 13th largest city in California by population. With a growing resident population of over 314,000, the city's daytime population more than doubles due to businesses, commuters, and visitors. Located in central Orange County, the City of Irvine is intersected by seven freeways and is home to several prominent universities. Notable attractions include the Irvine Spectrum Center and the Orange County Great Park, which draw approximately 17 million and 6 million visitors annually. Celebrated for its rich diversity, the City of Irvine is recognized as one of the nation's most diverse and integrated cities. More than half of all households speak a language other than English at home.
The Irvine Police Department (IPD) is a full-service police department committed to working in partnership with our community. It fosters strong and long-lasting relationships with its diverse residents, schools, youth, and business community. With a victim-centered approach at its core, the IPD strives to ensure that those affected by crime receive timely support, guidance, and access to resources.
City Council 16 – 6 10/6/2026
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H!!MANWOPTIONS PREVENT. PROTECT. EMPOWER. TRANSFORM.
/J) History of Relationship
Human Options has a long and productive history of collaboration with the City of Santa Ana/SAPD on various domestic violence-related projects. From 2009 to 2012, the City of Santa Ana provided Emergency Service funding for Human Options' Domestic Violence Emergency Shelter. Human Options has also received numerous Santa Ana Community Development Block Grants for emergency housing for victims of domestic violence. ln fiscal year 2015-2C)16, the City of Santa Ana granted funding to Human Options to educate youth and parents about teen dating violence and healthy relationships. Human Options also has a standing MOU with the City of Santa Ana and SAPD, established in 2001, to provide services to victims of domestic violence.
Through this MOU, SAPD links domestic violence victims to Human Options' 24-hour emergency hotline so that hotline advocates can assess victims' needs and assist in providing immediate shelter or referrals to victims. Human Options and SAPD have also historically crossreferred victims and participated in community-based projects through two family resource centers located in the City of Santa Ana - the Corbin Family Resource Center and Minnie Street. In 2020, Human Options was one of the first agencies to partner with SAPD to provide services at the then-new Santa Ana Family Justice Center (located onsite at SAPD). Human Options regularly briefs officers on current programmatic offerings to ensure warm handoffs from officers to Human Options staff.
In 2014, the City of Santa Ana adopted a five-year Strategic Plan, which included addressing community needs related to domestic violence and sexual assault. In support of the strategic plan, the SAPD developed several initiatives to promote education and services to domestic violence and sexual assault victims. Each initiative involved a partnership with nonprofit, community, or government agencies. In 2016, the City of Santa Ana, SAPD, and Human Options collaborated to prepare an application for an Office on Violence Against Women (OVW) FY 20161mproving Criminal Justice Response (ICJR) Grant to launch the Domestic Violence Response Team (DVRT). The application was awarded a three-year grant, beginning on October 1, 2016, and ending on September 30, 2019. In 2019, Human Options and the City of Santa Ana/ SAPD applied for renewal funding for this project. They were again awarded a three-year grant, beginning on October 1, 2019, and ending on September 30, 2022. In 2022, Human Options and the City of Santa Ana/SAPD applied for renewal funding for this project.
They were again awarded a three-year grant, beginning on October 1, 2022, and ending on September 30, 2025. Over the nine years that the DVRT has been active, SAPD and Human Options have continued to meet at least quarterly to ensure alignment on grant goals and objectives and to explore opportunities to deepen our partnership. In 2024, Human Options and the City of Santa Ana /SAPD) hosted the city's first Domestic Violence Walking Vigil in October to bring awareness to the community about the issue of domestic violence.
Human Options has a long and productive history of collaboration with the City of Irvine/IPD on various domestic violence-related projects. Since Human Options Domestic Violence Emergency Shelter's opening in 1995, Human Options has partnered closely with IPD to transport survivors and their children to our program. Human Options has also received
City Council 16 – 7 10/6/2026
Docusign Envelope ID: F7C8427E-1E1
HL!MANWOPTIONS PREVENT. PROTECT. E?a)OWER. TRANSFORM.
numerous Public-Service Irvine Community Development Block Grants for emergency housing for victims of domestic violence, as well as Non-Public Service Irvine Community Development Block Grants to update and renovate the Shelter facility. Human Options also has a standing MOU with the City oflrvine and IPD, established in 2001, to provide services to victims of domestic violence. Through this MOU, the IPD links domestic violence victims to Human Options' 24-hour emergency hotline so that hotline advocates can assess victims' needs and assist in providing immediate shelter or referrals to victims. Human Options regularly briefs officers on current programmatic offerings to ensure warm handoffs from officers to Human Options staff. IPD has been instrumental in supporting Human Options with security walkthroughs and recommendations about ongoing safety enhancements to the property, as well as providing active shooter and safety training for staff. Human Options and IPD have also historically cross-referred victims. Each holiday season, IPD raises money to bring gifts to children and their survivor parents living in the Human Options Emergency Shelter.
In 2023, Human Options and the City oflrvine/IPD hosted the city's first Domestic Violence Walking Vigil in October to bring awareness to the community about the issue of domestic violence. In 2024, IPD and Human Options hosted the second annual Domestic Violence Walking Vigil; in 2025, they hosted the third annual Walking Vigil, which was attended by council members and the city mayor. These Vigils have steadily grown in size and community participation over the previous three years.
The critical and long-range goals of the collaboration continue to be addressing community needs related to domestic violence through the DVRT, as well as providing community-based and residential wrap-around services to support victims and their families. 410Development ofApplication
Building on the success of three previous cycles of OVW-ICJR funding, Human Options, the City of Santa Ana/SAPD, and the City of Irvine/IPD prepared an application in May 2025 to sustain and enhance the existing ICJR project. As the lead on the project, Human Options took the lead in drafting all application materials, with substantive collaboration and contribution from the City of Santa Ana/SAPD and the City of Irvine/IPD on the application that addresses the nature of our partnership, as well as specific responsibilities for the City of Santa Ana/SAPD and the City of Irvine/IPD. All parties have reviewed and approved the complete submission package.
IQ Roles and Responsibilities
NOW, THEREFORE, it is hereby agreed by and between the partners as follows:
As the lead agency, Human Options, Inc., will receive grant funding of up to $624,960 over the three-year grant period and commit to the following roles and responsibilities to ensure the success of the project:
* Serve as fiscal and project lead.
City Council 16 – 8 10/6/2026
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H!!MAt\lQ?OPTIONS
PREVENT. PROTECT. EMPOWER. TRANSFORM.
* With leveraged funds, allocate the Chief Operations Officer to oversee Grant and budget management, project reporting, and adherence to state, federal, and funder policies, facilitate project meetings, liaise with SAPD and IPD, ensure excellence in client services, ensure tracking of project activities for reports and progress evaluation, coordinate participation in required training and technical assistance (TAT), attend required program orientation; assist with streamlining shelter intake to expedite victim access to shelter during a police response.
@ With leveraged funds, allocate a Residential Director to supervise the Legal Advocacy Program Supervisor, ensure reporting and data deadlines are met, monitor programmatic and financial tracking of the project, and coordinate administrative meetings and programmatic response with SAPD and IPD.
* With leveraged funds, allocate a Legal Advocacy Program Supervisor to supervise the Legal Advocate and Domestic Violence Response Advocate (DVA), ensure project deliverables are tracked and met, and conduct regular quality assurance of the project.
Allocate a non-attorney Legal Advocate (1 FTE) to provide bilingual legal advocacy services, including legal needs assessments, application assistance, court accompaniment, safety planning, education, and referrals to victims of domestic violence in Orange County.
Allocate a DVA (.5 FTE) to provide bilingual victim services in collaboration with SAPD (including in-person advocacy during DVRT (Domestic Violence Response Team) response, advocacy for walk-in clients at SAPD, and follow-up advocacy), participate in project meetings, document services as required for reports, and connect victims with supportive services as appropriate
* Allocate a DVA (.5 FTE) to provide bilingual victim services in collaboration with IPD (including in-person advocacy during DVRT (Domestic Violence Response Team) response, advocacy for walk-in clients at IPD, and follow-up advocacy), participate in project meetings, document services as required for reports, and connect victims with supportive services as appropriate.
* Allocate a Clinical Supervisor with leveraged funds to provide clinical and administrative supervision to the Staff Therapist.
* Allocate a Staff Therapist (.25 FTE) to provide bilingual, trauma-informed, and culturally competent mental health counseling to victims in Orange County. * With leveraged funds, provide Domestic Violence Emergency Shelter and/or Safety Net for victims of domestic violence and their children in Orange County.
Comply with OVW and VAWA (Violence Against Women Act) safety standards to ensure that project staff do not engage in activities that compromise victim safety.
City Council 16 – 9 10/6/2026
Docusign Envelope ID: F7C8427E-1 E1
H!!MANWOPTIONS PREVENT. PROTECT. EMPOWER. TRANSFORM.
As a collaborating, funded agency, the City of Santa Ana will receive up to $260,020 in grant funding over the three-year grant period (based on timely billing and spend-down).
Funds not expended by the City of Santa Ana will be reallocated to the project based on project needs. The City of Santa Ana commits to the following roles and responsibilities to ensure the success of this project:
Assign one Domestic Violence Corporal or Sergeant to serve on the project oversight team, and attend project oversight meetings. The Corporal or Sergeant will oversee SAPD personnel on attendance to required OVW training and project orientation, collaboration to address obstacles preventing victim access to the criminal justice system, investigation of domestic violence cases, personnel assigned to the DV (Domestic Violence) Car, and participation in data collection and progress reporting as required by O\/W (no designated FTE will utilize overtime funds for meetings).
Assign SAPD police officers and detectives to the DV Car on an overtime basis to collaborate with the DVA from Human Options to respond to domestic violence calls and to investigate domestic violence cases.
Provide space at SAPD's facility to outstation a DVA at the SAPD to assist domestic violence-related walk-ins and complete follow-up calls with victims encountered during ride-alongs
Coordinate with Human Options to schedule DVRT ride-along shifts and ensure that SAPD officers staffing the DV Car have received domestic violence training. * Refer domestic violence victims to the DVA for follow-up victim advocacy services.
Train the DVA on SAPD domestic violence response protocols, safety procedures, and other relevant topics.
* Utilize the Domestic Violence Lethality Screen for First Responders to better identify and respond to highly lethal cases.
Comply with OVW and VAWA safety standards to ensure that project staff does not engage in activities that compromise victim safety.
Maintain statistical records and expenses and provide Human Options with expenses in grant funds in invoices, and include all necessary supporting documents. The City of Santa Ana shall submit invoices to Human Options not more often than monthly and not less frequently than quarterly for allowable costs. Invoices shall be reimbursed within forty-five (45) days upon receipt. Reimbursement of funds shall not exceed the allocated grant amount, as indicated in the approved OVW ICJR Budget.
As a collaborating, funded agency, the City of Irvine will receive grant funding from this grant of up to $21 5,020 over the three-year grant period (based on timely billing and spend-down).
City Council 16 – 10 10/6/2026
Docusign Envelope ID: F7C8427E-1 E1
H!!MANWOPTIONS PREVENT. PROTECT, EMPOWER. TRANSFORM.
Funds not expended by the City of Irvine will be re-allocated to the project based on project needs. The City of lrvine commits to the following roles and responsibilities to ensure the success of this project:
* Assign one Domestic Violence Sergeant to serve on the project oversight team, attend project oversight meetings, attend required O\/W training and project orientation, work collaboratively to address obstacles preventing victim access to the criminal justice system, investigate domestic violence cases, supervise the IPD police officers, and detectives assigned to the DV (Domestic Violence) Car, and participate in data collection and progress reporting as required by O\/W (no designated FTE will utilize overtime funds for meetings).
* Assign IPD police officers and detectives to the DV Car on an overtime basis to collaborate with the DVA from Human Options to respond to domestic violence calls and to investigate domestic violence cases.
* Provide space at IPD's facility to outstation a DVA at the IPD to assist domestic violence-related walk-ins and complete follow-up calls with victims encountered during ride-alongs.
* Coordinate with Human Options to schedule DVRT ride-along shiffs and ensure that IPD officers staffing the DV Car have received domestic violence training. * Refer domestic violence victims to the DVA for follow-up victim advocacy services. * Train the DVA on IPD domestic violence response protocols, safety procedures, and other relevant topics.
* Complete training and begin implementing the Domestic Violence Lethality Screen for First Responders to better identify and respond to highly lethal cases. * Comply with O\/W and VAWA safety standards to ensure that project staff does not engage in activities that compromise victim safety.
Maintain statistical records and expenses, provide Human Options with expenses in grant funds in invoices, and include all necessary supporting documents. The City of Irvine shall submit invoices to Human Options not more often than monthly and not less frequently than quarterly for allowable costs. Invoices shall be reimbursed within forty-five (45) days upon receipt. Reimbursement of funds shall not exceed the allocated grant amount, as indicated in the approved OVW ICJR Budget.
All partners are committed to working together to achieve the goals stated in this MOU and to sustaining the project once grant funds are no longer available.
City Council 16 – 11 10/6/2026
Docusign Envelope ID: F7C8427E-1 E1
H!!MANWOPTIONS PREVENT. PROTECT. EMPOWER. TRANSFORM.
V) Timeline
The roles and responsibilities described above are contingent on Human Options receiving funds requested for the project described in the OVW grant application. Responsibilities under this Memorandum of Understanding will coincide with the grant period, which will be 4tl/2026 through 3/31/2029.
Vl) Commitment to Partnership
1. The collaboration service area includes the County of Orange.
2.Partners agree to collaborate and strengthen legal advocacy service programs and other victim services for domestic violence victims, including strengthening assistance to victims in immigration matters pursuant to the program narrative and Project Description in the OVW Grant Award and subject to the conditions and limitations set forth therein, attached hereto as Exhibit A.
3.Compensation for each partners' contribution to this project will be provided as outlined in the attached OVW budget detail worksheet, attached hereto as Exhibit B.
4.We, the undersigned, have read and agree with this MOU. We have also reviewed and approved the proposed project.
By:
Sara Behmerwohld, Chief Operations Officer
8/14/2026
Date
Michael Kent. Chief of Police
8/19/2026
Date
Carl Petersen
8/19/2026
Date
City Council 16 – 12 10/6/2026
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H!!MANWOPTIONS PREVENT. PROTECT. EMPOWER. TRANSFORM.
(,;'...." TO FORM:
Jeffrey T. Melching, City Attorney
8/1 9/2026
Date
For the CITY OF SANTA ANA:
Jennifer L. Hall, City Clerk Date
Alvaro Nunez, City Manager Date
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
Brandon Salvatierra, AsSistant City Attorney
8/19/2026
Date
RECOMMENDED FOR APPROV AL:
Robert Rodriguez, Chief 6f ola Date
cc: Agencies and Interested Parties
City Council 16 – 13 10/6/2026
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HL!MANWOPTIONS PREVENT. EROTECT. EMPOWER. TRANSFORM.
EXHIBIT A-Accepted Award Package
City Council 16 – 14 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 Department of Justice (DOJ)
Office on Violence Against Women (OVW)
Washington, D.C. 20531
IName andAddressofRecipient: HUMANOPTIONS, INC 5540 TRABUCO RD STE l00 City, State and Zip: IRVINE, CA 92620
RecipientUEl: XC3EL4FAP817
Project Title: Orange County Coordinated
Domestic Violence Response Program
Award Number: I 5JOVW-25-GG-02069-ICJR
Awarding Agency: Office on Violence Against Women
AwardType: Initial
FundinglnstrumentType: Grant
16.590 - Grants to EncourageArrest Policies and Enforcementof Protection Orders Program I Assistance Listing:
Project Description:
The Grants to Improve the Criminal Justice Response Program (ICJR Program)?assists?state, local, and Tribal governments, and courts to improve the criminal justice response to domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law, and to seek safety and autonomy for victims.
The project will support the following activities: I ) domestic violence investigations through the Santa Ana Police Department and the Irvine Police Department; 2) victim advocacy and legal advocacy through Human Options; 3) colocation of domestic violence advocates from Human Options at the Santa Ana Police Department and Irvine Police Department; 4) training for law enforcement on a domestic violence lethality assessment; and 5) counseling and support groups to victims of domestic violence.
Award Letter
May 5, 2026
Dear Sara Behmerwohld,
On behalf of the Attorney General, it is my pleasure to inform you the Office on Violence Against Women (OVW) has approved the application submitted by HUMAN OPTIONS, INC for an award under the funding opportunity entitled 2025 0VW Fiscal Year 2025 Grants to Improve the Criminal Justice Response Program. The approved award amount is $1,000,000.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the Page: 1 of 17
City Council 16 – 15 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 . These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the rances and certifications, and the application as approved by OVW, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. hould you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies non-compliance, which may include termination of the award and/or a requirement to repay award funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and a , within 45 days from the award date.
o access your funds, you will need to enroll in the Automated Standard Application For Payments (ASAP) system, iF haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Ginger Baran Lyons
Deputy Director for Grants Management and Development (Supervisory Official) for Civil Rights Notice for All Recipients
Office for Civil Rights (OCR), Office of Justice Programs (OJP), u.s. Department of Justice (DOJ) enforces federal rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance From OJP, Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW). eral civil rights laws, including Title Vl of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those . Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of and employment because of race, color, national origin, religion, disability, and sex or from discriminating in provision of services on the bases of age.
recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits iscrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have requirements regarding the development and implementation or equal employment opportunity programs.
R provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.
Further, OCR administratively enforces civil rights laws and nondiscrimination provisions by investigating DOJ recipients that are the subject of discrimination complaints. In addition, OCR conducts compliance reviews of DOJ recipients based on regulatory criteria. These investigations and compliance reviews permit OCR to evaluate whether DOJ recipients are providing services to the public and engaging in employment practices in a nondiscriminatory manner.
For more information about OCR, your civil rights and nondiscrimination responsibilities, how to notify your employees beneficiaries of their civil rights protections and responsibilities and how to file a complaint, as well as technical a , training, and other resources, please visit www.ojp.gov/program/civil-rights-office/outreach. If you would ike OCR to assist you in fulfilling your civil rights or nondiscrimination responsibilities, please contact us at a or www.ojp.qov/program/civil-rights-office/about#ocr-contacts.
Memorandum Regarding NEPA
NEPA Letter Type
VW - Categorical Exclusion - No Renovations Allowed
Page:2 of 17
City Council 16 – 16 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 NEPA Coordinator
First Name
Debra
Middle Name
no value
Last Name
Murphy
Project
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 County/Parish Province
Award Type
Initial
Supplement Number
00 Federal Award Amount
$1 ,ooo,ooo.oo
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title
16.590 Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program Statutory Authority
34 U.S.C. §§ 10461-10485 - 28 C.F.R. Part 90, Subpart D [X] Ihave read and understand the information presented in this section of the Federal Award Instrument.
Project Information
Project
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOEC[)6F632 a$ve the Criminal Justice Response Program (ICJR Program)?assists?state,I project will support the following activities: 1 ) domestic violence investigations through the Santa Ana Police Department and the Irvine Police Department; 2) victim advocacy and legal advocacy through Human Options; 3) colocation of domestic violence advocates from Human Options at the Santa Ana Police Department and Irvine Police Department; 4) training for law enforcement on a domestic violence lethality assessment; and 5) counseling and support groups to victims of domestic violence.
[X] Ihave read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
The recipient budget is currently under review.
[X] Ihave read and understand the information presented in this section of the Federal Award Instrument. 5NofThoe:hreAr aWwaa:dd dDooccumumenetsnhfsavbeen added. -I ward Conditions
is award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.
Condition 1
Requirements of the award; remedies for non-compliance or for materially false statements conditions of this award are material requirements of the award. Compliance with any assurances or certifications bmitted by or on behalf or the recipient that relate to conduct during the period of performance also is a material requirement of this award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all rances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.
Failure to comply with any one or more of these award requirements-whether a condition set out in Full below, a a incorporated by reference below, or an assurance or certification related to conduct during the award period - may result in the Office on Violence Against Women (OVW) taking appropriate action with respect to the recipient and award. Among other things, OVW may withhold award funds, disallow costs, or suspend or terminate the award. u.s. Department of Justice (DOJ), including OVW, also may take other legal action as appropriate. materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment omission of a material fact) may be the subject of criminal prosecution (including under 18 u.s.c. 1001 and/or 1621, or 34 u.s.c. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false aims or otherwise (including under 31 u.s.c. 3729-3730 and 3801-3812).
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Docusign Envelope ID: F7C8427E-IE16-8FDB-8386-88BOECD6F632 hould any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severab1e from this ition 2
icability of Part 200 Uniform Requirements and DOJ Grants Financial Guide recipient agrees to comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part (together, the "Part 200 Uniform Requirements"), and the current edition of the DOJ Grants Financial Guide as posted on the OVW website, including any updated version that may be posted during the period of performance. The recipient also agrees that all financial records pertinent to this award, including the general accounting ledger and all pporting documents, are subject to agency review throughout the life of the award, during the close-out process, and three years after submission of the final Federal Financial Report (SF-425) or as long as the records are retained, is longer, pursuant to 2 C.F.R. 200.334, 200.337.
Condition 3
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal nds during the period of performance for this award, the recipient promptly must determine whether funds from any other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical items for which funds are provided under this award. If so, the recipient must promptly notify OVW in writing of the potential duplication, and, if so requested by OVW, must seek a budget-modification or change-of-project-scope Grant ward Modification (GAM) to eliminate any inappropriate duplication of funding.
Condition 4
Requirements related to System for Award Management and unique entity identifiers recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently at https://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining current information in SAM.
recipient also must comply with applicable restrictions on subawards (subgrants) to first-tier subrecipients (subgrantees), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier assigned by SAM.
details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (titled "Award Condition: Requirements related to System for Award Management (SAM) and unique entity identifiers") and are incorporated by reference here.
Condition 5
Requirement to report actual or imminent breach of personally identifiable information (Pll) recipient (and any subrecipient at any tier) must have written procedures in place to respond in the event of an or imminent breach (as defined in OMB M-17-12) if it (or a subrecipient)-1 ) creates, collects, uses, processes, , maintains, disseminates, discloses, or disposes of personally identifiable information (Pll) (as defined in 2 C.F.R. 200.1 ) within the scope or an OVW grant-funded program or activity, or 2) uses or operates a Federal information system (as defined in OMB Circular A-'130). The recipient's breach procedures must include a requirement report actual or imminent breach of Pll to an OVW Program Manager no later than 24 hours affer an occurrence of actual breach, or the detection of an imminent breach.
Condition 6
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OVW authority to terminate award)
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Docusign Envelope ID: F7C8427E-1 E1 6-8FDB-8386-88BOECD6F632 recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients (subgrantees), or individuals defined (for purposes of this condition) as "employees" of e recipient or of any subrecipient.
details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (titled "Award Condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OVW authority to erminate award)") and are incorporated by reference here.
Condition 7
Determinations of suitability to interact with participating minors is condition applies to this award if it is indicated in the application for the award (as approved by DOJ) (or in the ication for any subaward at any tier), the DOJ funding announcement (notice of funding opportunity), or an a federal statute that a purpose of some or all of the activities to be carried out under the award (whether by recipient or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details this requirement are posted on the OVVV website at https://www.justice.gov/ovw/award-conditions (titled "Award ition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors") and are incorporated by reference here.
ndition 8
iance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and events
recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable laws, regulations, policies, official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) ing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.
Information on the pertinent DOJ definition of conTerences and the rules applicable to this award appears on the OVW ite at https://www.justice.gov/ovw/conference-planning. ndition 9
OVW Training Guiding Principles
recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OVW Training Guiding Principles for Grantees and Subgrantees, available at https://www.justice.gov/sites/default/files/ovw/legacy/2012/06/28/ovw-training-guiding-principles-granteesbgrantees.pdf.
Condition 10
Effect of failure to address audit issues
recipient understands and agrees that OVW may withhold award funds, or may impose other related requirements, if (as determined by OVW) the recipient does not satisfactorily and promptly address outstanding issues audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding iSSues arise in connection with audits, investigations, or reviews of DOJ awards.
Condition 1l
Potential imposition of additional requirements
recipient agrees to comply with any additional requirements that may be imposed by OVW during the period oT performance for this award, if the recipient is designated as "high-risk" for purposes of the DOJ high-risk grantee list.
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 Condition 12
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable requirements of 28 C.F.R.
Part 42.
ndition 13
pliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable requirements of 28 C.F.R.
Part 38.
other things, 28 C.F.R. Part 38 states that a faith-based organization that participates in this program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and a protections in federal law. Part 38 further states that an organization may not use direct federal financial from the Department of Justice to support or engage in explicitly religious activities except when consistent the Establishment Clause of the First Amendment and any other applicable requirements. An organization receiving federal financial assistance also may not, in providing services funded by the Department of Justice, or in 'r outreach activities related to such services, discriminate against a program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also out rules and requirements that relate to engaging in or conducting explicitly religious activities.
Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially a ilartothelanguagein28CFRPart38,AppendixC,sections(1)through(4).Asamplewrittennoticemaybefound https://www.ojp.gov/sites/g/files/xyckuh24l/files/media/document/WrittenNoticeofBeneficiaryProtections.pdf.
In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements.
For more information on the requirements referenced in this condition, see https://www.ojp.gov/program/civil-rightsce/partnerships-faith-based-and-other-neighborhood-organizations.
Condition 14
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable requirements of 28 C.F.R.
Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Condition 15
Federal civil rights and nondiscrimination laws (certification) recipient agrees that its compliance with all applicable federal civil rights and nondiscrimination laws is material to government's decision to make this award and any payment thereunder, including for purposes of the False Claims (31 LI.S.C. 3729-3730 and 3801-3812), and, by accepting this award, certifies that it does not operate any programs (including any such programs having components relating to diversity, equity, and inclusion) that violate any icable federal civil rights or nondiscrimination laws.
ndition 16
Restrictions on "lobbying" and policy development
In general, as a matter of federal law, federal funds may not be used by the recipient, or any subrecipient (subgrantee) at any tier, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, in order to avoid violation of 18 u.s.c. 1913. The recipient, or any brecipient (subgrantee) may, however, use Federal funds to collaborate with and provide information to federal, state, local, tribal and territorial public officials and agencies to develop and implement policies and develop and promote Page: 8 of 17
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 state, local, or tribal legislation or model codes designed to reduce or eliminate domestic violence, dating violence, al assault, and stalking (as those terms are defined in 34 u.s.c. 12291(a)) when such collaboration and provision information is consistent with the activities otherwise authorized under this grant program. federal law generally prohibits federal funds awarded by OVW from being used by the recipient, or any brecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or rative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, xtending, or modifying any such award. See :31 U.S.C. 1352. Certain exceptions to this law apply, including an xception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might I within the scope of these prohibitions, the recipient is to contact OVW for guidance, and may not proceed without express prior written approval of OVW.
Condition 17
Compliance with general appropriations-law restrictions on the use of federal funds for this fiscal year recipient, and any subrecipient (subgrantee) at any tier, must comply with all applicable restrictions on the use of funds set out in federal appropriations statutes. Pertinent restrictions, for each fiscal year, are set out at https:// .justice.gov/ovw/award-conditions (titled "Award Condition: General appropriations-law restrictions on use of award funds") and are incorporated by reference here. Should a question arise as to whether a particular use of funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, recipient is to contact OVW for guidance, and may not proceed without the express prior written approval of OWV.
Condition '18
Reporting potential fraud, waste, and abuse, and similar misconduct recipient and any subrecipients (subgrantees) must promptly refer to the DOJ Office of the Inspector General (01G) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-(1 ) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the IG by-(1 ) online submission accessible via the 01G webpage at https://oig.justice.gov/hotline/grant-complaint (select ubmit Report Online"); (2) mail directed to: u.s. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; (3) by amiledirected to the DOJ 01G Fraud Detection Office (Attn: Grantee Reporting) at (202) 616-9881 (fax). itional information is available from the DOJ 01G website at https://oig.justice.gov/hotline.
Condition 19
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient (subgrantee) under this award, or entity that receives a procurement contract or bcontract with any Funds under this award, may require any employee or contractor to sign an internal confidentiality or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in ce with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal epartment or agency authorized to receive such information. foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4444 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.
1. In accepting this award, the recipientPage: 9 of 17 City Council 16 – 23 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute reements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if xpressly authorized to do so by that agency.
. If the recipient does or is authorized under this award to make subawards (subgrants), procurement contracts, or bothit represents that-
(1 ) it has determined that no other entity that the recipient's application proposes may or will receive award Funds (whether through a subaward (subgrant), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, ud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it allimmediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly uthorized to do so by that agency.
Condition 20
Compliance with 41 u.s.c. 4712 (including prohibitions on reprisal; notice to employees) recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 u.s.c. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an ployee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of ee rights and remedies under41 u.s.c. 4712.
hould a question arise as to the applicability of the provisions of 41 u.s.c. 4712 to this award, the recipient is to ntact OVW for guidance.
ndition 21
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients (subgrantees) to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this , and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
ndition 22
Requirement to disclose whether recipient is designated high risk by a federal grant-making agency outside of DOJ If the recipient is designated high risk by a federal grant-making agency outside of DOJ, currently or at any time during Page: 10 of 17
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 course of the period of performance under this award, the recipient must disclose that fact and certain related informationto OVW by emailto [email protected] purposes of this disclosure, high risk includesany status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: (1) the awarding agency that currently designates the recipient high risk; (2) the date the recipient was designated high risk; (3) the high-risk point of contact at that federal awarding agency (name, phone number, and email address); and (4) the reasons for the high-risk status, as set out by the federal awarding agency. ndition 23
vailability of general terms and conditions on OVW website recipient agrees to follow the applicable set of general terms and conditions that are available at https:// .justice.gov/ovw/award-conditions. These do not supersede any specific conditions in this award document. ndition 24
pliance with statutory and regulatory requirements
recipient agrees to comply with all relevant statutory and regulatory requirements, which may include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103-322, the Violence Against Women Act of 2000, P.L. 106-386, the Violence Against Women and Department or Justice Reauthorization Act or 2005, P.L. 109-162, the iolence Against Women Reauthorization Act of 2013, P.L. 113-4, the Violence Against Women Act Reauthorization of 2022, P.L. I 171 03, the Omnibus Crime Control and Safe Streets Act of 4968, 34 u.s.c. 10101 et seq., and OVW's implementing regulations at 28 C.F.R. Part 90.
Condition 25
pliance with notice of funding opportunity requirements recipient agrees that it must be in compliance with requirements outlined in the notice of funding opportunity (NOFO) under which the approved application was submitted, the applicable Application Companion Guide, and any program-specific frequently asked questions (FAQs) on the OVW website (https://www.justice.gov/ovw/resources-and- ). The program NOFO, Companion Guide, and any program-specific FAQs are hereby incorporated by reference into this award.
Condition 26
AWA 2013 nondiscrimination condition
recipient agrees to comply with 34 u.s.c. 12291 (b)(13) in any program or activity Funded in whole or in part by OVW. Recipients may provide sex-segregated or sex-specific programming if doing so is necessary to the essential of a program, so long as the recipient provides comparable services to those who cannot be provided with sex-segregated or sex-specific programming. The recipient also agrees to ensure that any subrecipients (subgrantees) at any tier will comply with this provision. ndition 27
Misuse of award funds
recipient understands and agrees that misuse of award funds may result in a range of penalties, including spension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties.
Condition 28
Limitation on use of funds to approved activities
recipient agrees that grant funds will be used only for the purposes described in the recipient's application, unless OVW determines that any of these activities are out of scope or unallowable. The recipient must not undertake any or activities that are not described in the recipient's application, award documents, or approved budget, and must not use staff, equipment, or other goods or services paid for with grant funds for such work or activities, without prior Page: 1l or 17
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 approval, via Grant Award Modification (GAM), from OVW.
Condition 29
Non-supplantation
recipient agrees that grant funds will be used to supplement, not supplant, non-federal funds that would otherwise be available for the activities under this grant.
Condition 30
Confidentiality and information sharing
recipient agrees to comply with the provisions of 34 U.S.C. "12291(b%2),nondisclosureof confidentialor private information, which includes creating and maintaining documentation or compliance, such as policies and procedures release of victim information. The recipient also agrees to comply with the regulations implementing this provision at CFR 90.4(b) and "Frequently Asked Questions (FAQs) on the VAWA Confidentiality Provision (34 u.s.c. 12291(b)(2))" on the OVW website at https://www.justice.gov/ovw/resources-and-Tags-grantees. The recipient also to ensure that all subrecipients (subgrantees) at any tier meet these requirements.
Condition 31
ctivities that compromise victim safety and recovery or undermine offender accountability recipient agrees that grant funds will not support activities that compromise victim safety and recovery or undermine offender accountability, such as: procedures or policies that exclude eligible victims from receiving services based onthe classifications identified in 34 U.S.C. "12291(b%l3)(A) or their actual or perceived mental health condition, physical health condition, criminal record, immigration status, employment history or status, income or lack of income, the age and/or sex of their children; procedures or policies that compromise the confidentiality of information and privacy of persons receiving OVW-funded services; procedures or policies that impose requirements on victims in order to receive services (e.g., seek an order of protection, receive counseling, participate in couples' counseling or mediation, report to law enforcement, seek civil or criminal remedies, etc.); procedures or policies that fail to ensure a providers conduct safety planning with victims; project design and budgets that fail to account for the access needs of participants with disabilities and participants who have limited English proficiency or are Deaf or hard of hearing; or any other activities outlined in the notice of funding opportunity or companion guide under which the ication was submitted.
ndition 32
Policy for response to workplace-related incidents of sexual misconduct, domestic violence, and dating violence recipient, and any subrecipient at any tier, must have a policy, or issue a policy within 270 days of the award date, address workplace-related incidents of sexual misconduct, domestic violence, and dating violence involving an employee, volunteer, consultant, or contractor. The details of this requirement are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (titled "Award Condition: Policy for response to workplace-related sexual misconduct, domestic violence, and dating violence") and are incorporated by reference here. ndition 33
ermination or suspension
Director of O\/W, upon a finding that there (t ) has been substantial failure by the recipient to comply with icable laws, regulations, and/or the terms and conditions of the award or relevant notice of funding opportunity, (2) has been failure by the recipient to make satisfactory progress toward the goals, objectives, or strategies set forth in application, or (3) have been project changes proposed or implemented by the recipient to the extent that, iT a inally submitted, the application would not have been selected For Tunding, will terminate or suspend until the Director is satisfied that there is no longer such failure or changes, all or part of the award, in accordance with the provisions of 28 C.F.R. Part 18, as applicable mutatis mutandis. The federal regulation providing uniform rules for ination of grants and cooperative agreements is 2 C.F.R. 200.340.
Condition 34
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 iannual and final performance report submission
recipient agrees to submit semiannual performance reports that describe activities conducted during the reporting period, including program effectiveness measures. Reports must be submitted throughout the project period, even if no nds were spent and no activities were conducted in a given reporting period. Delinquent reports may affect future iscretionary award decisions and may lead to suspension and/or termination of the award. information that must be collected and reported to OVW can be Found in the reporting form associated with the program or initiative under which this award was made. Performance reports must be submitted within 30 days r the end of the reporting periods, which are January 1 - June 30 and July I - December 31. Recipients are required to submit their reports through the Justice Grants System, unless and until OVW issues updated instructions report submission. The final report is due 90 days afier the end of the project period and should be marked "final" in Report Type Field.
ition 35
uarterly Federal Financial Reports
recipient agrees that it will submit quarterly Federal Financial Reports (SF-425) to OVW in the Justice Grants , not later than 30 days affer the end oT each calendar quarter. The final report shall be submitted not later than 120 days following the end of the award period. Delinquent reports may affect future discretionary award decisions and may lead to suspension and/or termination of the award. ndition 36
Program income
Program income, as defined by 2 C.F.R. 200.1, means gross income earned by the non-federal entity that is directly by a supported activity or earned as a result or the federal award during the period of performance. Without prior approval from OVW, program income must be deducted from total allowable costs to determine the net allowable . In order to add program income to the OVW award, the recipient must seek approval from its program manager a budget modification Grant Award Modification (GAM) prior to generating any program income. Any program income added to the federal award must be used to support activities that were approved in the budget and follow the aa of the OVW award. Any program income approved via budget modification GAM must be reported in the recipient's quarterly Federal Financial Report SF-425 in accordance with the addition alternative. If the program income nt changes (increases or decreases) during the project period, it must be approved via a budget modification GAM by the end of the project period. If the budget modification is not submitted and approved, it could result in audit ings for the recipient.
ndition 37
FFATA reporting subawards and executive compensation
recipient agrees to comply with applicable requirements to report first-tier subawards (subgrants) of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated xecutives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the Federal Funding Accountability and Transparency Act oT 2006 (FFATA) Subaward Reporting System (FSRS) through the for Award Management (SAM) at https://www.sam.gov/fsrs. The details of recipient obligations, which derive FFATA, are posted on the OVW website at https://www.justice.gov/ovw/award-conditions (titled "Award Condition:
Reporting Subawards and Executive Compensation") and are incorporated by reference here. ndition 38
Changes to MOU and/or IMOA
recipient agrees to submit for OVW review and approval any anticipated addition of, removal of, or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding and, if applicable, the Internal Memorandum of Agreement.
Condition 39
Submission of all materials and publications
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Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 recipient agrees to submit to OVW one copy of all materials and publications (written, web-based, audio-visual, or other format) that are funded under this award not less than twenty days prior to distribution or public release. lf materials are found to be outside the scope of the program, or in some way to compromise victim safety, the recipient will need to revise the materials to address these concerns or the recipient will not be allowed to use award to support the development or distribution of the materials.
Condition 40
Publication disclaimer
recipient agrees that all materials and publications (written, web-based, audio-visual, or any other format) resulting award activities shall contain the following statement: "This project was supported by Grant No. awarded by the Office on Violence Against Women, u.s. Department of Justice. The opinions, ings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) do not necessarily reflect the views of the u.s. Department of Justice." The recipient also agrees to ensure that subrecipient at any tier will comply with this condition. ndition 41
' works
Pursuant to 2 C.F.R. 200.31 5(b), the recipient may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under this award. OVW reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work, in whole or in part (including in the creation of derivative works), federal purposes, and to authorize others to do so.
OVW also reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, in whole or in part (including in the creation of derivative works), any work developed by a subrecipient (subgrantee) of this , for federal purposes, and to authorize others to do so.
In addition, the recipient (or subrecipient, contractor, or subcontractor of this award at any tier) must obtain advance approval from the O\/W program manager assigned to this award, and must comply with all conditions specified by the program manager in connection with that approval, before: 1 ) using award funds to purchase ownership of, or a license to use, a copyrighted work; or 2) incorporating any copyrighted work, or portion thereof, into a new work veloped under this award.
It is the responsibility of the recipient (and of each subrecipient, contractor, or subcontractor as applicable) to ensure this condition is included in any subaward, contract, or subcontract under this award.
Condition 42
Grantee orientation - mandatory attendance
First-time recipients, or continuation recipients if requested, must agree to have key staff members, as identified by OVW, attend the OVW grantee orientation seminar, which may be offered in-person, online, or a combination of both. itionally, if there is a change in the project director/coordinator during the grant period, the recipient agrees, at the iest opportunity, to send the new project director/coordinator, regardless of prior experience with this or any other award, to an in-person OVW grantee orientation seminar or require completion of the orientation online, ichever is available.
Condition 43
Prior approval for non-OVW sponsored technical assistance recipient agrees that funds allocated for OVW-sponsored technical assistance may not be used for any other purpose without prior approval by OVW. To request approval, the recipient must submit a copy of the event's brochure, curriculum and/or agenda, a description of the hosts or trainers, and an estimated breakdown of costs. The request must be submitted to OVW at least 20 days prior to registering For the event. Requests to attend non-O\/W sponsored will be considered on a case-by-case basis. This prior approval process also applies to requests for the use of OVW-designated technical assistance Funds to pay a consultant or contractor not designated as an OVW technical Page: 14 of 17
City Council 16 – 28 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 ce provider to develop and/or provide training and/or technical assistance.
Condition 44
Participation in OVW-sponsored technical assistance
recipient agrees to attend and participate in OVW-sponsored technical assistance. Technical assistance includes, but is not limited to, national and regional conferences, audio conferences, webinars, peer-to-peer consultations, and conducted by OVW-designated technical assistance providers.
Condition 45
Consultant compensation rates
recipient acknowledges that consultants paid with award funds generally may not be paid at a rate in excess of
1.25 per hour, not to exceed $650 per day. To exceed this specified maximum rate, recipients must submit to OVW detailed justification and have such justification approved by OVW, prior to obligation or expenditure or such funds. lssuance or this award or approval of the award budget alone does not indicate approval or any consultant rate in xcess of $81.25 per hour, not to exceed $650 per day. Although prior approval is not required for consultant rates below this specified maximum rate, recipients are required to maintain documentation to support all daily or hourly ultant rates.
Condition 46
Required SAM reporting
recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, administrative proceedings connected with (or connected to the performance of) either this OVW award or any grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OVW awards are required to report information about such proceedings, through the System Tor Award Management (known as "SAM"), to the designated federal integrity and performance system. details of recipient obligations regarding the required reporting (and updating) of information on certain civil, aminal, and administrative proceedings within SAM are posted on the OVW website at https://www.justice.gov/ovw/ itions (titled "Award Condition: Recipient Integrity and Performance Matters, including Recipient Reporting in SAM") and are incorporated by reference here.
ndition 47
Prohibition on public awareness activities
recipient agrees that grant funds will not be used to conduct public awareness or community education campaigns related activities. Grant funds may be used to support, inform, and conduct outreach to victims about available Condition 48
igation to comply with statutory eligibility requirement (prosecution or minors certification) recipient must certify to O\/W, no later than the end of the recipient's legislative session that begins affer May 2, 4, that it complies with the statutory requirement at 34 u.s.c. § 10461 (c%l %G), related to prohibiting the prosecution of minors under '18 For prostitution.
Condition 49
Compliance with certifications
recipient acknowledges that it has a continuing obligation to remain in compliance with the applicable certification requirements of 34 u.s.c. 10461 (c).
Condition 50
Page: 15 of 17
City Council 16 – 29 10/6/2026
Docusign Envelope ID: F7C8427E-1 E1 6-8FDB-8386-88BOECD6F632 Indirect costs
recipient may not obligate, expend, or draw down any award funds for indirect costs, unless and until either (1) the recipient submits to OVW a current, federally-approved indirect cost rate agreement, or (2) the recipient determines it is eligible under the Part 200 Uniform Requirements to use the "de minimis" indirect cost rate described in 2 .F.R. 200.jH4(f), and advises OVVV in writing of both its eligibility and its election. ndition 51
itional clearance with release of technical assistance funds recipient acknowledges that the budget For this award is pending review and approval. Until O\/W approves the budget, any obligations or expenditures incurred by the recipient are made at the recipient's own risk. The recipient may obligate, expend, or draw down up to $10,000 for participation in or travel-related expenses to attendOVWtechnical assistance events, but these obligations and expenditures remain at the recipient's own risk until budget is approved. Remaining funds will not be available for drawdown until OVW's Grants Financial Management Division has approved the budget and budget narrative via a Grant Award Modification (GAM). If applicable, the Indirect Cost Rate will be identified in the GAM when the budget is approved. ITthere is another condition on the award prohibiting any obligation, expenditure, and drawdown of any funds, that other condition will control.
Condition 52
erms and conditions subject to court ordered stay
ward condition 15 ("Federal civil rights and nondiscrimination laws (certification)") and any certification submitted by recipient regarding certain out-of-scope activities are subject to a preliminary stay in Rhode Island Coalition Against Domestic Violence, et al., v. Pamela Bondi, et al., and are not enforceable as to any OVW FY 2026 awards unless and until the preliminary stay is lifted. If the preliminary stay is liffled, OVW will process a modification identifying the award condition or out-of-scope activity that is no longer subject to the preliminary stay and has become enforceable and the on which it becomes enforceable.
[X] Ihave read and understand the information presented in this section of the Federal Award Instrument. ward Acceptance
Declaration and Certification to the u.s. Department of Justice as to Acceptance By checking the declaration and certification box below, lDeclare to the L1.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this a and certification on behalf of the applicant.
B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as or the date of this award acceptance: (1 ) I have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
Accept this award on behalf of the applicant.
D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1 ) I understand in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration certification as a material representation; and (2) I understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 u.s.c. §§ 1001 and/or 1621, and/or 34 u.s.c. §§ Page: 16 of 17
City Council 16 – 30 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 under the
Page: 17 of 17
City Council 16 – 31 10/6/2026
Docusign Envelope ID: F7C8427E-1 E1
Ht!MANWOPTIONS PREVENT. PROTECT. EMPOWER. TRANSFORM.
EXHIBIT B-Bud et
City Council 16 – 32 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 Human Options, Inc.
Improving Criminal Justice Response (OVW-2025-172316)
Budget Summary
Budget Category
A. Personnel
B. Fringe Benefits
C. Travel
D. Equipment
E. Supplies
F. Construction
G. Subawards
H. Procurement Contracts
1. Other Costs
Total Direct Costs
J. Indirect Costs
TOT AL PROJECT COSTS
Federal Share Requested
Non-Federal (Match) Amount
Amount
373,050
63,419
17,523
475,040
2,495
931,527
68,473
1,000,000
1,000,000
City Council 16 – 33 10/6/2026
Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 Human Opliom, Inc.
Impioving Cri+iiiniil Juiliee lipnnti' (OVW-2025-172316) Budget Dti.iil Wo+lsihet(
A. Pcnoiintl
Namii/Polnnn
Ltgal Advuinlt
Biluigunl llimliiit
Salon Time tt+i1
i ll I tl(l 11(l
ii i(10 11(i
7i (ltl(l 1111
Pttrenihpc ul lims C+iil
11Xt S 151)ltll) lit)
Rlll S 166 51RIilt+
25 $ 56 25t) It(i
Totiil Peitonnel 373.0511.1111
Tht Domcilic Violence Adi mhte (DVA ) IX J miibile pnitlion uliich it +eipontible tiit providing dontailn: viiilente (DVIsitnm mlcrvtnlinn dunng niiignm ndc-iilong ilulli mtli Shnln llnn Poliii' DeptThnicnl (SAPDI nnd In'mc P[)II(O Dtphnmtttll IPDI Iliv DVA n}{Ill{ ov lidtmi who wxlk mto +hc Dcliaitniiiiiti, toiidutli oui+ehtli io DV vihtimi ielencd bi lht Diipxnnieiili. )iiiividt'i biiii iiitmention hndi i>ouib idcii xli. and conducli hurl!l!nlngl tulll inlall"i loi l'lfillnlt }l:Nklng entl'Igcnc) !hNlleT hOU}lng The DVA Wlll Ile out-iiauoiied at Ihh Depnilntelllt 1lie non-nllamet Legal Adt'othie will pioviilii ant-onont Itghl tdvocnq iii'i ica to DV victinii The Lcg.il Adtocatc, when hpplicalilx (!II )iiovidc touit htconip.uumtnt Toi taalthining oiilct hc.inngi. hnd olhci legal pioctedmgi rclnlcd tolbe dontalc l'lOlellNl!, p+Ol'ldu legnl llllltnllll, }ullilOll ! lalllll} In u4ng the leglll 'ii acm in ndV()(!II! 101111tnl}l!l 11!} fllld 11111liiik }tellnl} 10 ollict II!n'la!t l!inlii al Honic p+ogi hni. VILllnl Ciimptniation Progrhn VINE. elii l
rlte Biltnl'tml Thernpi4 it ill ptmtde counieling ienicsi to DV sicunii aiIliinihn Optiont lochtioni m Oinnge Cnumi Ilie ilihttpiit llill nll'a iliiiil-li'nii indiiidutl .ind gmup counyeling using evidtnce-litied I+nuniahptctlic hppmxcht'i. to yupporl Ihc niiedi or viclimi B. Frliige Beiiafili
NiunaPotiliiin
Total Fringe BentnU 63.48.511
Tiiiiil Peitonncl & Fringe Bhnenlt 436,468.50
Huntan OmlOll} l! ti'qucilmg I'lllll'H fuell(lit{ Iliiotialc(l 111111Iht !l'{11nnci 10Tlm plOleUl 'l'lleI 111nl!IIOpllOll} Ill {lane!l T+lll:101liingi' Iltl } l'l'(n I1'A 01 IOI!I thl!Ill!l Ilil Iliii pH)l51Unl %nlld it It I!Ypl'ClUll 10 n'nl!Ill at llial I Itunnn Opltonr Catl Allontnliun I)lull 11Ittdt fil nppnivi'd hi 11tcBiinid nl Dirctlo+i Oui utcoiuiting nnd icpiining xi tlhm pi )01 up iii ui'totdnntc xi illi lliii plhn Payriill IUI') ii+c iiol icpiualelv idenlilinblc In ihTt'cl Wnik xnd C. Travel
Toliil Tiiiyel 17,523.illl
%I 5 003 ttl the rHuired S40 000 ut OVW niundtued teclurical aiiiitnniie hnd u ainuig tuiidt linvc btcn alluiiated to Cill e+Ntc Lll)l ill ltiiiel lot I-lumui Oplniiii hl.ill 1 lie rcmhniuig hiiitiunt of 24.997 li.ii lictii hlliichlcd tl $20.000 lot Shnlh Ant Pohtt Dtpttlntcnl nnd $4,997 for Imni' Pulue Dhpni lmenl roi tt.ivel nnil cnn he (ound m the Te{pNClll'e I)cpiidnitnl'' Rudghl I)hlail T.ihi of tlui tonii Ilie iilci of Ilic I+xmmg ieyiioni hie unknoiiii at llll'l Unte Ttht'el Tundi in Ihty ialtnn 11ill lie iii tulhhle l(l Humnn Olitiiint (Hat lo nttcnd Ilie OVW-mnndnli'd lsdimcal Itnmmgi In acciiidnni.h uilli llih ptogrnm guiddmh SlnffLocalMilangcevpeniei<willliiinlloarii'dtoiillztnffidimlifialintliibgrnni(DiiinestieViolenceAdvocnte,LcgalAdvocntiinndBiligu.ilTlimnpitll Therundtwillbiiiililizeiliilienlinvelling behveen silet, travel lo count and poltoe tlnliont, nt lliill OSqunniirly p!ltneI meelingi ii will bB a iiiTecl cotl rot mileage diItcll) +elalm io Ihii ynnl D. Equlpiiicnt
Ilem Ctimptilxlnm
E. Supplkt
Supplv Ilemi Compulalioii
F. Coniirut(inn
G. Subaiiarili
Partner Potmon Nnnn'
Siintn Ann Police I)cpiidnienl
In'tne Polite I)iipiirlinenl
Comliutution
See p0tln!T liudgel dclntl m "Shnth Ann Polici' I)epndnicnl" (SAPD i Budget Dtlhil" Inh See ptutnar liudgel dcluil in "ln'ine Policc Dcpniimenl' (IPD) Budget Dtluil" 1011 Toiiil Equipmtn(
Total Supplier
Total Cunitiuclion
Cotl
260,1)211
2 I 5,020
H Protut'tmenl Cnniraclt
Toiiil Piocuremenl CunliiicU
Our liobtv i cgniding D.it.i Collection ii lo nllocate Dnth Ciillcction e%pe%e LanguxgeInlct'ptclalion cohlt hll+ttJtd enhutc mcxnmglul actett loi s icfflnb wtlh linulcd Engliih prol'icicncv and Int vitlunt ulio.ini dcnl4ictuil iil lizai mg All I lumaii O1iliu+h iilct .ind icyitci !l ADA ctimplinnt to cniine meaningtul xcceu iiis tclimi iiilh ditnbililiei 2,495.46
DataColltcltonSyslenuaspenttt apontonofIheovetallorgaruzalion'g$28,800annuhl($86,400mer+liiozyean)evpeiiiieforourpeifoimniicemehsuiciill oulcome%onings)sleni Bndgtt Ilrlml Woilihrrl niil NnmiWi City Council 16 – 34 10/6/2026 Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 Dihttiplion
Humnn Oplinni it eleclmg In uiilct
iecotct 15% Da Mutimii Rate til
Mixlilicd 'rntal Direct Coth
C rlmillll!1111n
M I DC 1211)45% 1$556 487 % 1211)45% = $(;8 4711 55f; 487 1111 li8 471 1)4 TolJ }n+lirttl Cutjr 68,473.tll
TOT AL PROJECT COSTS 1,000,ilD[l.OD
BuilHit Dimil Wii+kthttl nnl Nnimtm City Council 16 – 35 10/6/2026 Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 Human Opiiont, Inc.
Impi'oving Criminal Justite Retpaiite (OVW-2025-172316) Budget Detail Workslieet
A. Pei'ionnel
Nanic/Position
Police Officci
OicitiineRate Overtinie110ll+Sofficersivill workontheI(ranl 12591 l.9t)598
Cost
2411112i)011
Tota} Personnel
Provide ietoutcas at tlic point ofuicidenl via die DV (Doincg+ic Violence) Car. and enhanced tervicet for DV +nvettigationt oii an oveitune hatis Calculauon is for two officeis
B. Fi'inge Beneflts
Naine/Posilion Computation Cott
Total Fringe Benefits
Total Pertonnel & Fi'inge Benefits 240,020.00
C. Travel
ofTmviil Location Itiini Cost
TiainuiH & Teclinical Attitmce- TBD s pcrionx ) trtps
+mining 10dglng $240N 3ntgltlss 4 pcrions 3mpi 8,64000
MA!IE $70 25 Y 4 davt s 4 h 3 3.372 00
Total Travel 20,000.00
FIAPD pomon oFthe total $40.000 tl'alning budget il $20.000. Ti'avel funds in tl+is scc+ion will be available to SAPD tO attend tlte OVW-mandated tOdllliCal trauiingi m acc0tdance Witll tlte prOgl guidelines.
D. Equipnient
Item
E. Supplies
Suppli Items
F. Construction
G. Subiiwnrdt
Pame+ Posihon Naniii
H Procuremem Contrattt
1. Other Cotti
Diisc+iption
Computation
Compulaiion
Coniputation
Cotnputation
CogF
Toll Equipment
Coit
Tohtl Suppliet
Cost
Total Coni+riiction
Cos(
Total Procurentent Contt ads
Cogt
J. Indii'ect Costs
IIk.tciipfion Computation Coit
Total Indireit Costt
TOT AL PROJECT COSTS 260,OE.00
Budgtl Dtlxil Wo+khltl nnd Nhnalna City Council 16 – 36 10/6/2026 Docusign Envelope ID: F7C8427E-1E16-8FDB-8386-88BOECD6F632 Human Options, Inc.
Improving Criminal Juttice Retponte (OVW-2025-172316)
Budget Detail Worktlieet
A. Pei'ionnel
Nanie/Potilion
Saigeaiil OT mlc - S15t) 71)
Dcleclivc OT iiile - $120 79
Salarv Timii (wtl
tlt,578 14
251 217 46
Pe+centaiie of lunii Cott
3 5 $ 32.Q25 70
23 l $ 174,10756
B. Fringe Benefits
Naine/Potition
Saigcaiil
Dttective
IPD is iequeibng medicaie aitociated with ilte Saliu+ies foi tlic prqlecl The liistorical fate l{ l 45% C. Travel
ofTravcl Location
Trauiuig & Technical Assistance- TBD
lt'aintng 2. 160 DO
1127 76
Total Travel
C omputatioii Cost
4,984.76
IPD pOitiOn orule total $41l.ooo Iramtng budgci It $4.9X4 76 Ttaviil fiunds m tltis tcctton iiill bc availiiblii iO IPD iO attiind tlic OVW-miuidalcd teclinical liainingt m iicco+dance 11itli tlic piograni guidclines
D. Equipment
Itcni
E. Supplies
Supply Ilcms
F. Construction
G. Subawards
Paitnet Position Nainii
H Procurenient Contraitt
1. Ofher CosU
Detcnption
Coinpufation
Coinputation
Coinpulation
Cotitputaiion
Cost
Total Equipm ent
Cost
Total Supplies
Cotl
Total Conttruttion
Cod
IWiil Procurement Contracts
Coit
Total Othei' Cotts
J. Indirect Costt
Dctcnption Coniputation Cott
Total }ndirect Cosii
TOTAL PROJli:CT COSTS 215,020.00
Butlgtl D(I!11 Wn+kihhel aiid Nanxlmi City Council 16 – 37 10/6/2026 Police Department
www.santa-ana.gov/pd
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Policy Manual Maintenance and Support
AGENDA TITLE
Agreement with Lexipol, LLC to Provide Policy Manual Maintenance and Support to the Police Department (Specification No. 27-022) (General Fund and Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Lexipol, LLC to provide policy manual maintenance, support, and training services to the Police Department for a term beginning October 1, 2026 and expiring September 30, 2029, in a total amount not to exceed $175,908 (Agreement No. A-2026-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
Lexipol, LLC (“Lexipol”) proposes to provide the Santa Ana Police Department (“SAPD”) with web-based law enforcement policy manual maintenance, support, and training services. The agreement includes the Annual Law Enforcement Policy & Daily Training Bulletin (DTB) Subscription, Annual Custody Policy & DTB Subscription, Annual Corrections Supplemental Manual, and CorrectionsOne Academy. CorrectionsOne Academy is an online training platform that provides courses certified through the California Board of State and Community Corrections (BSCC) for annual continuing education requirements. The Lexipol Law Enforcement & Custody Policy Manual has over 150 policies based on federal and state laws, regulations, and law enforcement best practices. CorrectionsOne Academy also has over 550 courses, training videos, and management features to meet annual training mandates.
Lexipol provides a cost-effective model that protects and maximizes taxpayer resources.
Lexipol provides law enforcement employees the knowledge, skills, and abilities to protect their communities by crafting legally sound policies and procedures. Lexipol does not act as a policy maker; SAPD has the responsibility to make policy decisions and customize policies to align with the community’s needs and the Department’s values. Lexipol’s policies are developed to align with state and federal laws and court decisions and provide City Council 17 – 1 10/6/2026
Policy Manual Maintenance and Support
October 6, 2026
officers with guidance to improve policing outcomes and minimize risk. Compliance with sound policies, coupled with proper supervision and disciplinary action, leads to risk reduction.
Lexipol’s policy management is accessible online and via mobile devices, and includes:
• Comprehensive guidance that complies with federal and state laws and regulations and provides the ability to customize policy to fit Department and community needs;
• Policy updates as laws and regulations change;
• Policy implementation assistance from qualified professionals; and • Scenario-based Daily Training Bulletins with tests to reinforce and demonstrate policy comprehension.
Lexipol’s model does not prevent community input in enacting policies. In fact, SAPD has modified approximately 50% of the Lexipol policy content, incorporating the community’s input, needs, and values in many key policies, including Body Worn Cameras, Cite and Release, Vehicle Tow and Release, Criminal Organizations, and Immigration Violations.
These are examples of policies customized with community input. Pursuant to state law, all of SAPD’s policies and procedures are available online for members of the community to review and provide comment, if so desired.
Additionally, the Police Oversight Commission may conduct public meetings that provide a forum for discussion of police policies, practices, and procedures (SAMC 2-665(j)).
Commission recommendations have resulted in changes to the Department’s U-Visa certification procedures and Military Equipment Policy. The Department is also reviewing its Unmanned Aerial Systems (drone) Policy and Search and Seizure Policy in response to Commission recommendations. These examples demonstrate how the Commission’s input and recommendations are considered in the Department’s policy review process.
Lexipol’s policies are developed by legal teams who access numerous sources when developing best practice policy guidance and who monitor major court decisions, legislation, and emerging trends affecting law enforcement operations. Lexipol provides periodic updates in response to legislative mandates, case law, and evolving law enforcement best practices. Lexipol archives departmental policies and tracks changes, facilitating improved documentation of policy revisions. Lexipol also has a mechanism that documents officers who have reviewed policies to ensure their training records are up to date. The Department has subscribed to Lexipol for over ten years, which has been an asset to the Department’s training program, has increased efficiency in delivering policy updates to personnel, and ensuring routine policy training.
City Council 17 – 2 10/6/2026
Policy Manual Maintenance and Support
October 6, 2026
Since 2023, Lexipol has provided SAPD with:
• 151 new policies (141 of which are Jail Policies);
• 1,361 Daily Training Bulletins; and
• 214 policy updates, including six updates to the use of force policy, four to the handcuffing policy, five to the vehicle pursuit policy, and four to the bias-based policing policy.
Lexipol develops new policies, policy updates, and Daily Training Bulletins using multiple sources. These include legislation, executive orders, regulations, court decisions, public safety expertise, evolving best practices, customer inquiries, and research from industry and advocacy groups. Lexipol’s Daily Training Bulletins use scenarios to help employees understand and apply Department policy. Together, the policies, updates, and training are intended to support compliance and mitigate risk. Lexipol reports that it has reviewed more than 30,000 legislative bills and/or executive orders since 2023 as part of its broader policy development and maintenance process.
In addition, Lexipol provides Daily Training Bulletin (“DTB”) services designed to help law enforcement employees learn the content of the policy manual and apply its policies in practice. To ensure understanding and proficiency, Lexipol furnishes 365 customizable, scenario-based training bulletins that link directly to the policy manual each year. The DTBs address uses of force, vehicle operations, discrimination and harassment, and various other law enforcement risk management topics. The Police Department may customize DTBs to address agency-specific topics and scenarios.
Without Lexipol, SAPD will not be permitted to utilize Lexipol’s copyrighted materials and will immediately be required to assemble an entire team of professionals, including attorneys, to research, revise, draft, oversee, and maintain oversight of over 150 policies and 90 procedures, excluding Jail policies and procedures. Moreover, no governmental entity or agency develops and provides policies to law enforcement agencies. As such, agencies are left to do this on their own, with very limited resources.
Importantly, the City is a member of Independent Cities Risk Management Authority (ICRMA), a risk pooling and risk management entity that strives to lessen liability exposure and insurance costs for its member cities. Therefore, due to the increasing costs of insuring and litigating police liability claims and lawsuits, ICRMA has implemented this plan to assist member cities in developing and implementing their police practices. Lexipol provides police policies, best practices, and training consistent with California statutes and policing issues in today’s environment, while helping police departments prepare for the future. This consistency provides insurers with a higher level of confidence that the potential for police liability claims and lawsuits will remain manageable instead of skyrocketing. If costs continue to rise exponentially, insurance companies, excess City Council 17 – 3 10/6/2026
Policy Manual Maintenance and Support
October 6, 2026
insurers, and reinsurers may pull out of insuring California municipalities altogether, which would cause municipalities to pay all claims costs from dollar one to infinity.
The first-year subscription fee is $55,931. The Board of State and Community Corrections (BSCC) will pay for the costs associated with the Lexipol CorrectionsOne subscription for the agreement. The City receives subvention from BSCC for the training of eligible corrections officers. BSCC will pay $6,489 in Year One of the agreement. The subscription renewal fees for Year Two will be $58,590, of which BSCC will pay $6,683.
Year Three of the agreement will be $61,387, with BSCC paying $6,885. At the conclusion of the three-year term, the total amount paid to Lexipol will be $175,908. Upon City Council’s approval of the recommended action, the agreement will be retroactive to include services provided from October 1 through October 6.
Santa Ana Municipal Code Section 2-807(a) authorizes the City to make non-bid purchases of services, supplies, materials, and equipment whenever it appears that there is only one reasonably available source. Staff researched available procurement options and product offerings in the market and determined that the policy manual maintenance support offered by Lexipol meets the Police Department’s specifications. Staff recommends awarding an agreement with Lexipol (Exhibit 1).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 26-27 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration as follows:
Fiscal
Year
Accounting Unit
– Account No.
Fund
Description
Accounting Unit,
Account
Description
Amount
FY 26-27 01114475-62140 General Fund
PD Jail Operations,
Implementation,
Subscriptions
$ 16,199
FY 26-27 01114410-62140 General Fund
PD Training
Services,
Subscriptions
$ 33,243
FY 26-27 02414401-62140
Police Activities
& Programs
Fund
Police Special RevSTC Program,
Subscriptions
$ 6,489
FY 27-28 01114475-62140 General Fund PD Jail Operations, Subscriptions $ 17,009
FY 27-28 01114410-62140 General Fund
PD Training
Services,
Subscriptions
$ 34,898
City Council 17 – 4 10/6/2026
Policy Manual Maintenance and Support
October 6, 2026
FY 27-28 02414401-62140
Police Activities
& Programs
Fund
Police Special RevSTC Program,
Subscriptions
$ 6,683
FY 28-29 01114475-62140 General Fund PD Jail Operations, Subscriptions $ 17,859
FY 28-29 01114410-62140 General Fund
PD Training
Services,
Subscriptions
$ 36,643
FY 28-29 02414401-62140
Police Activities
& Programs
Fund
Police Special RevSTC Program,
Subscriptions
$ 6,885
Total $175,908
EXHIBIT(S)
1. Agreement with Lexipol, LLC
Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 17 – 5 10/6/2026
EXHIBIT 1
City Council 17 – 6 10/6/2026
City Council 17 – 7 10/6/2026
City Council 17 – 8 10/6/2026
City Council 17 – 9 10/6/2026
City Council 17 – 10 10/6/2026
City Council 17 – 11 10/6/2026
City Council 17 – 12 10/6/2026
City Council 17 – 13 10/6/2026
City Council 17 – 14 10/6/2026
City Council 17 – 15 10/6/2026
Public Works Agency
www.santa-ana.gov/public-works/
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Purchase Order Contract for Fire Hydrants and Parts
AGENDA TITLE
Purchase Order Contract with Ferguson Enterprise, LLC for Fire Hydrants and Parts (Project No. 26-6428) (Specification No. 27-017) (Non-General Fund)
RECOMMENDED ACTION
Authorize a Purchase Order to Ferguson Enterprises LLC for Fire Hydrants and Parts, in an amount not to exceed $508,821.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency (PWA) maintains over 4,900 fire hydrants. Staff conducts routine fire hydrant inspections to identify units requiring repair or replacement. Based on inspection results, infrastructure age, operational considerations, and planned capital improvements, staff prioritizes hydrants for replacement on an ongoing basis. All fire hydrants are inspected on an annual basis. On average, 104 fire hydrants are repaired and 25 fire hydrants are replaced annually.
On June 4, 2024, City Council approved issuance of $40 million in Water Revenue Bonds, Series 2024, to finance the design, acquisition, and construction of improvements to the City’s water system. A budget of $600,000 was allocated for Project No. 26-6428, Fire Hydrant Improvements to support the replacement and upgrade of aging fire hydrants. This funding allows staff to procure additional fire hydrant assemblies and accelerate the replacement of aging and leaking fire hydrants.
Invitation for Bids (IFB) No. 27-017 was advertised on August 12, 2026 on the City’s online bid management and publication system, Planetbids. A summary of vendor participation and results is as follows:
619 Vendors Notified
3 Santa Ana Vendors Notified
30 Vendors Downloaded Bid Packet
5 Bids Received
City Council 18 – 1 10/6/2026
Purchase Order Contract for Fire Hydrants and Parts
October 6, 2026
2 Bids Received from Santa Ana Vendors
Bids were opened on September 3, 2026 and evaluated (Exhibit 1). Five bids were submitted by the IFB deadline and all were determined to be responsive to the specifications and met the City’s requirements.
Staff recommends awarding a purchase order contract to the lowest responsive bidder, Ferguson Enterprises, LLC. Ferguson Enterprises, LLC has been a longtime supplier of plumbing parts, waterworks materials, and fire hydrants to the City. Approval of the purchase order contract will allow the City to purchase fire hydrants and related accessories, which will be installed by PWA staff. The replacement of these fire hydrants support the continued reliability and functionality of the City’s water distribution system.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds were budgeted and available in the following account for use in Fiscal Year 2026-2027 and will be carried forward for use in Fiscal Year 2027-2028, subject to City Council approval of the carryover.
Fiscal
Year
Accounting
Unit-Account #
Fund
Description
Accounting Unit,
Account
Description
Amount
2026-27 06617647-
66301
(26-6428)
Acquisition &
Construction
Water Utility Capital
Projects, Water
Capital Project
$508,821
Total: $508,821
EXHIBIT(S)
1. Abstract of Bids (27-017)
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
City Council 18 – 2 10/6/2026
EXHIBIT 1
BIDDER LOCATION TOTAL
Core & Main LP Santa Ana, CA $ 510,438
Famcon Pipe & Supply, Inc. Oxnard, CA $ 524,127
Ferguson Enterprises, LLC Santa Ana, CA $ 508,821
Orange County WinWater Anaheim, CA $ 526,863
S&J Supply Co Inc. Santa Fe Springs, CA $ 513,563
Fire Hydrants and Parts (IFB No. 27-017)
ABSTRACT OF BIDS
City Council 18 – 3 10/6/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Appropriation Adjustment and Sale of Remnant Land at 217, 219, and 223 S.
Bristol Street.
AGENDA TITLE
Appropriation Adjustment and Agreement for the Sale of Land at 217, 219, and 223 S.
Bristol Street Generating $312,750 in Revenue for Bristol Street Corridor Improvement Project (Project No. 13-6792) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $312,750 in revenue from the purchase and sale agreement into the Select Street Construction, Sale of Land revenue account and appropriate it to the City Street Projects, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes)
2. Authorize the City Manager to execute a purchase and sale agreement with Dustin Van Do for the sale of City-owned property located at 217 S. Bristol (APN 008-225- 23), 219 S. Bristol Street (APN 008-225-24), and 223 S. Bristol Street (APN 008-231- 25) in the amount of $312,750 (Agreement No. 2026-XXX).
3. Approve amendment to the Fiscal Year 2026-27 Capital Improvement Program to add $312,750 of Select Street Construction funds for the Bristol Street Phase 3A Project (No. 13-6792).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
The subject properties located at 217 S. Bristol (APN 008-225-23), 219 S. Bristol Street (APN 008-225-24), and 223 S. Bristol Street (APN 008-231-25) were acquired as part of the Bristol Street Improvements projects using Orange County Transportation Authority (OCTA) grant funding (Exhibit 1). The City has since completed the widening improvements in this area and remnant parcels remain. The remnant parcels are ready to be sold in accordance with the requirements of the California Surplus Land Act (Government Code Section 54220).
On October 16, 2025, the City Council adopted Resolution No. 2025-045 declaring various City-owned properties as surplus land and directing the City Manager to comply City Council 19 – 1 10/6/2026
Appropriation Adjustment and Sale of Remnant Land at 217, 219, and 223 S. Bristol Street.
October 6, 2026
with the requirements of the California Surplus Land Act. The subject properties are among those declared surplus and, as a result, the City has since completed all statutory requirements and is authorized to proceed with disposition of the property.
On March 20, 2026, the City issued Request for Proposals (RFP) No. 26-036 for the sale and development of 20 individual parcels grouped into nine (9) property offerings, each identified by a distinct Parcel ID (Exhibit 2). The individual parcels were grouped into nine property offerings based on their location and configuration to facilitate their sale and potential development. To provide an opportunity for all interested parties to submit proposals, the RFP was solicited electronically on the City’s online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows:
955 Vendors notified
13 Santa Ana vendors notified
65 Vendors downloaded the bid packet
3 Responsive bids received
1 Responsive bid received from Santa Ana vendor
Proposals were opened on April 20, 2026, and evaluated. Three responsive proposals were submitted by the RFP deadline and determined to meet the specifications the City’s requirements. Three responsive proposals were evaluated by a selection committee comprised of personnel from Public Works, Finance, Community Development Agency, and Planning and Building Agency. Based on criteria outlined in the RFP, the following summarizes the top responsive proposal:
Parcel ID
APN
Entity Proposed
Development
Purchase Price
1 R1
APN 008-225-23
APN 008-225-24
APN 008-231-25
Dustin Van Do Single Family
Residence $312,750
Staff recommends awarding a purchase and sale agreement to the highest-ranked proposer for the Parcel ID R1: Dustin Van Do (Exhibit 3). Dustin Van Do submitted the highest purchase price for Parcel R1 and has proposed a lot merger to develop a single-family residence designed to complement the surrounding neighborhood.
Approval of the recommended actions will authorize the sale and transfer of Parcel R1 to the respective buyer for timely development in accordance to the terms of the PSA.
The agreement establishes development milestones and includes liquidated damages and other provisions to discourage prolonged vacancy and ensure timely progress City Council 19 – 2 10/6/2026
Appropriation Adjustment and Sale of Remnant Land at 217, 219, and 223 S. Bristol Street.
October 6, 2026
toward development. Activating citywide vacant lots supports general plan goals by fostering community development and increasing tax revenue, while reducing blight and ongoing maintenance costs and liability, in alignment with established municipal codes governing surplus property disposition.
In accordance with the terms of the grant agreement with OCTA, 100% of proceeds from the sale of remnant land may be used to fund Bristol Street Improvements. If not used for Bristol Street Improvements, a significant portion would need to be returned to OCTA. Staff recommends an amendment to the Fiscal Year 2026-27 Capital Improvement Program to add the entire sale proceeds of $312,750 to the Bristol Street Phase 3A Project (No. 13-6792) (Exhibit 4).
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the declaration, sale, and conveyance of the subject surplus real property is exempt from CEQA pursuant to Section 15312 of the CEQA Guidelines because the property is surplus government land, is not located in an area of statewide, regional, or area-wide concern, and does not possess significant values for wildlife habitat or historical resources. (Title 14 California Code of Regulations (CCR) § 15312.) Additionally, the transaction is not subject to CEQA because the action consists solely of a transfer of title to vacant land without any concurrent entitlement, development approval, or authorization for physical construction or land disturbance and will not result in a direct or reasonably foreseeable indirect physical change in the environment. (14 CCR §§ 15060(c)(2), 15060(c)(3), and 15378(b)(5).) Furthermore, the transaction is exempt from CEQA because it can be seen with certainty that there is no possibility that the sale and conveyance of the surplus real property may have a significant effect on the environment. (14 CCR § 15061(b)(3).)
FISCAL IMPACT
Approval of the recommended Appropriation Adjustment will recognize receipt of $312,750 into the Select Street Construction, Sale of Land revenue account (No. 05917002-57071) and appropriate it to the City Street Projects, Improvements Other Than Buildings expenditure account (No. 05917666-66220), Project No. 13-6792.
EXHIBIT(S)
1. Location Map
2. RFP No. 26-036
3. Purchase and Sale Agreement with Dustin Van Do
4. CIP Amendment Sheet Project 13-6792
Submitted By: Rodolfo Rosas, P.E., Acting Executive Director of Public Works Approved By: Alvaro Nuñez, City Manager
City Council 19 – 3 10/6/2026
EXHIBIT 1
City Council 19 – 4 10/6/2026
REQUEST FOR PROPOSALS NO. 26-036
FOR
SALE OF CITY OWNED VACANT PROPERTIES
Approved for Release:
CITY OF SANT A ANA
PUBLIC WORKS AGENCY
20 Civic Center Plaza
Santa Ana, CA 92701
Hayley Gilbert
Project Manager
[email protected]
� Rodolfo Rosas, P. E.
�
cting Executive Director
Public Works Agency
KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers.
Issue Date:
Pre-Proposal Meeting:
Deadline for Questions:
Proposal Due Date:
Anticipated Project Award Date:
Wednesday, March 18, 2026
N/A
Wednesday, April 8, 2026, 2:00 P.M.
Wednesday, April 20, 2026, 2:00 P.M.
Varies
EXHIBIT 2
City Council 19 – 5 10/6/2026
CITY OF SANTA ANA
TABLE OF CONTENTS
I. BACKGROUND........................................................................................................................... 3 II. OVERVIEW OF PROJECT.......................................................................................................... 3 III. TERM OF AGREEMENT............................................................................................................. 3 IV. MINIMUM QUALIFICATIONS...................................................................................................... 3 V. GENERAL PROPOSAL INFORMATION ..................................................................................... 4 VI. PROPOSAL RESPONSE INSTRUCTIONS................................................................................. 6 VII. SAMPLE AGREEMENT .............................................................................................................. 8 VIII. SELECTION PROCEDURES & CRITERIA ................................................................................. 8 IX. AWARD OF AGREEMENT........................................................................................................ 10
EXHIBITS
Exhibits provided herein for Proposers’ reference only.
EXHIBIT I – SCOPE OF SERVICES
EXHIBIT II – SAMPLE AGREEMENT
EXHIBIT III – SAMPLE RIGHT OF ENTRY
EXHIBIT IV – PARCEL LOCATION MAPS
EXHIBIT V – PROPERTY BID FORM
City Council 19 – 6 10/6/2026
CITY OF SANTA ANA
I. BACKGROUND
The City of Santa Ana, California, is rich in culture and pride, the county seat of Orange County, and encompasses an area of approximately 27 square miles. For more information, please visit https://www.santa-ana.org/
II. OVERVIEW OF PROJECT
The City of Santa Ana (City) is seeking Proposals from qualified firms and organizations (Proposers) for the development of vacant properties. See EXHIBIT I for complete Scope of Services.
The term “Vendor”, “Proposer”, “Firm”, “Consultants”, and “Contractor” shall refer to any legal entity or entities submitting a Proposal in response to this Request for Proposals (RFP).
III. TERM OF AGREEMENT
The anticipated term of the agreement is for an initial period of one (1) year. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for four (4) additional one (1) year periods, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed five (5) years.
Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period.
Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required.
IV. MINIMUM QUALIFICATIONS
See scope of services for additional detail.
1) Contractor must have been in business continuously for the most recent five (5) years prior to the date of this RFP.
2) Minimum three (3) most recent years of experience performing similar services as those detailed in the Scope of Services section of this RFP.
City Council 19 – 7 10/6/2026
CITY OF SANTA ANA
V. GENERAL PROPOSAL INFORMATION
A. SUBMITTAL INSTRUCTIONS
It is the responsibility of the Proposer to ensure that any Proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City’s Bid Management System, PlanetBids. Additionally, it is a requirement that five (5) hard copy Proposals be delivered to the Public Works Agency drop box located on the first floor of Ross Annex across from the Development Permit counter in an enclosed sealed envelope and marked clearly with the following:
Gentle note: staff will not timestamp or sign any hard copy deliveries as the electronic submittal by the deadline is suffice. For further instructions regarding hard copy submission of Proposals, refer to PlanetBids.
PlanetBids will not accept late Proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their Proposal was submitted successfully. The City will only receive and consider those Proposals that were transmitted successfully. Submit Proposal online at:
http://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic Proposal shall be at the Proposer’s sole risk and no relief will be given for late and/or improperly submitted Proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City’s assigned Buyer.
Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive Proposal.
B. COMMUNICATION / CONTACT WITH CITY STAFF
Unless otherwise authorized herein, Proposers who are considering submitting a Proposal in response to this RFP, or who submit a Proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP “SEALED PROPOSAL FOR
SALE OF CITY OWNED VACANT PROPERTIES
RFP NO. 26-036
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REGULAR MAIL.”
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
City Council 19 – 8 10/6/2026
CITY OF SANTA ANA
from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City’s Bid Management System, PlanetBids.
The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s).
C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the “Addenda/Emails” tab.
D. EXCEPTIONS
Requests submitted for City’s consideration of proposed terms and conditions, including modifications to the City’s RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. Should the Proposer be considered for award recommendation and progress into the negotiations phase, the requests for exceptions or modifications to the City’s terms and conditions will be discussed at that time. The City will not accept any requests after the deadline for questions and reserves the right to reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions.
E. ADDENDA
Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City’s PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation.
F. UNDERSTANDING PROPOSAL
It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting Proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein.
City Council 19 – 9 10/6/2026
CITY OF SANTA ANA
G. WITHDRAWALS
Proposers are responsible for verifying all prices and information before submitting a Proposal. Prior to the Proposal due date, the Proposer or Proposer’s representative may withdraw the Proposal by providing written notice of the Proposal withdrawal to the Buyer(s).
Verbal or telephonic withdrawals are not permissible.
H. PROTEST PROCEDURES
Only respondents who have actually submitted a Proposal may file a “protest” to an RFP with the City’s Purchasing Department. In order for a Proposer’s protest to be considered valid, the protest must:
1. Be filed in writing before 5:00 p.m. of the 5th business day following the posting of RFP Results/Notice of Intent to Award on the City’s online bidding system;
2. Clearly identify the specific irregularity or accusation;
3. Clearly identify the specific City staff determination or recommendation being protested;
4. Specify, in detail, the grounds of the protest and the facts supporting the protest; and
5. Include all relevant, supporting documentation with the protest at time of filing.
If the protest does not comply with each of these requirements, it will be rejected as invalid. If the protest is valid, the City’s Purchasing Manager, or other designated City staff member, shall review the basis of the protest and all relevant information. The decision from the Purchasing Manager, or her/her designee, is final and no further appeals will be considered.
VI. PROPOSAL RESPONSE INSTRUCTIONS
Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged.
1. Statement of Qualifications (SOQ)
SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding City’s required Certifications listed in Section VIII below; Proposal Cover Letter, section dividers, table of contents, front/back cover pages). Font size shall be no less than 11. The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following:
a. Cover Letter
Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity.
Cover Letter shall not exceed one page.
Cover letter must be addressed to the following City Project Manager:
Hayley Gilbert, Public Works Projects Manager
City Council 19 – 10 10/6/2026
CITY OF SANTA ANA
City of Santa Ana – Public Works Agency; M-36
20 Civic Center Plaza
Santa Ana, CA 92701
b. Services Provided
Proposal shall include a Scope of Services and Schedule which detail the work phase to be completed, the tasks to be accomplished, the deliverables to be provided, the schedule/timeline to complete the project, and how they meet the needs of the City as described in EXHIBIT I – Scope of Services.
c. Agreement Statement
Proposal shall include a statement outlining your concurrence or reference to concerns previously submitted with any and all provisions as contained in EXHIBIT II – Sample Agreement of this RFP (if any).
d. Firm and Team Experience
Proposal shall include a profile of the firm’s experience including the following:
i. A general description of the firm, including size and number of employees working directly with the City on this agreement.
ii. Firm’s nearest address serving the City of Santa Ana and headquarters address.
iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Resumes for all key staff proposed describing relevant experience. e. Proposed Work Plan/Understanding of Need
Proposal shall include a statement demonstrating the firm’s understanding of the Scope of Services.
Additionally, proposed work plan shall include Proposers’:
i. Anticipated approach to performing services as specified herein; ii. Suggestions or special concerns the evaluation committee should take into consideration (if any);
iii. Description of deliverables and implementation plan. Proposer shall submit a detailed and concise project description, implementation plan, and timeline.
The project description of the proposed development should include the narrative, preliminary site plan and renderings if available (e.g., size of building and square footage of specific components, nature of improvements, number of parking spaces, development plan, anticipated materials and design style, circulation patterns, loading/service provisions) to be built on the site. Information should be included about the anticipated type of tenants expected. For all projects, the narrative must also address the development concept for the site, current zoning, and anticipated development costs.
2. Cost Proposal
City Council 19 – 11 10/6/2026
CITY OF SANTA ANA
All Proposers are required to submit a deposit in the form of a cashier’s check, treasurer’s check or bank draft of any state or national bank, payable to the City of Santa Ana, in the amount of One Percent (1%) of the total bid amount for each parcel with the Cost Proposal. If bidding on multiple properties, multiple deposit checks will be required.
Further details are provided in EXHIBIT I – Scope of Services.
Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. When applicable, if providing hourly rate sheets, Proposer shall not include rate ranges or averages.
The City shall not provide reimbursement for travel-related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer’s cost Proposal fee structure.
Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid.
Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City.
The Proposal must be completely responsive to the RFP. Incomplete Proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all Proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise.
PLEASE NOTE:
• All forms above must be signed by a representative of the Firm that is legally authorized to contractually bind the Proposer.
• City will not waive notarization requirement when applicable on any of the required attachments.
VII. SAMPLE AGREEMENT
See Exhibit II – Sample Purchase and Sale Agreement
VIII. SELECTION PROCEDURES & CRITERIA
A. Evaluation: The City will establish a Proposal review committee. The review committee will evaluate Proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below.
City Council 19 – 12 10/6/2026
CITY OF SANTA ANA
B. Scoring Criteria: Proposers will be ranked by the review committee based on the following criteria:
C. Rankings: A final score will be calculated for each submitted Proposal and used to rank Proposers. Based upon the foregoing criteria, all Proposals shall be ranked by score. Only those Proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate Proposers based on their response to the RFP and the City evaluation criteria set forth above.
D. Interviews: The review committee may invite the Proposers to interview. If invited to interview, Proposers must be prepared to include key personnel in the interview and/or presentation.
The City reserves the right to seek additional information from any or all Proposers invited to present Proposals. A final score will be calculated for each submitted Proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions.
E. Selection: The City is under no obligation to accept any Proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject Proposals at its sole discretion. If Proposal fails to satisfy any requirements outlined in this RFP, it may be considered non-responsive and may be rejected.
The City shall not be obligated to accept the lowest priced Proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate.
CATEGORY POINTS
Project Team, Experience, Proposed Development Concept, & Financial Capacity 30
Bid Amount and Deposit Verification 40
Fiscal and Economic Benefit Analysis 15
Community Benefit 15
TOTAL POSSIBLE SCORE
(Before interviews – if held) 100
Interviews
• The City reserves the right to conduct interviews with the highest-rated firm(s). In the event the City does perform an interview process, the following is the maximum number of additive points that may be applied to the Proposal score. Total possible score may exceed 100 points. 20 City Council 19 – 13 10/6/2026
CITY OF SANTA ANA
IX. AWARD OF AGREEMENT
Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms.
A. EXECUTION OF AGREEMENT
A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. “Proposer” will hereinafter be referred to as “Consultant” or “Contractor” in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved.
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I. INTRODUCTION / PROJECT DESCRIPTION
A. NATURE OF WORK
The City of Santa Ana is seeking qualified individuals or entities (Proposers) for the purchase and development of vacant properties in the City of Santa Ana.
B. BACKGROUND
The City’s remnant parcels (Exhibit IV) for disposition associated with this RFP were acquired for various public transportation improvement projects using Federal and State grants. These properties are being disposed of in accordance with the California Surplus Lands Act, Government Code §54220 et seq. On October 21, 2025, the Santa Ana City Council adopted Resolution No. 2025-045 declaring various Properties as surplus land and directed the City Manager to comply with the requirements of Government Code Section 54220 for the sale of surplus land. The subject properties of this RFP are among those the City exempted and/or previously declared surplus and for which no responses were received by entities receiving the notices of availability; or for which negotiations ended, and with no other proposals, the City has completed all Surplus Land Act requirements for disposition. The proceeds from the sale of these properties are considered as restricted funds and will be used to reimburse the granting agencies, as well as fund further transportation improvements within the same or similar project.
There are twenty (20) individual parcels that have been combined into nine (9) consolidated property ID’s. These parcels were combined into these larger residential (5 parcels), commercial (2 parcels), transit corridor (1 parcel), and professional office (1 parcel) lots to provide the greatest public benefit and to ensure that the lots met the minimum development standards based on zoning.
Proposals for developing each parcel listed in this RFP will be accepted provided that they are generally consistent with the existing zoning for each site. Proposal’s content should be complete and reflect the specific ownership, financing, and land use features of each proposed project. Property zoning and size (sq. ft.) for each site is shown on the Property Location maps per Exhibit IV.
Important note: These parcels are subject to the requirements of the Surplus Lands Act.
Accordingly, pursuant to Government Code section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the parcels shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units
EXHIBIT I
SCOPE OF SERVICES
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shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915.
This covenant shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5.
C. PROPOSER RESPONSIBILITY
Each Proposer must be capable of providing experienced, knowledgeable and professional team to deliver a complete project. The Proposer shall be responsive and fulfill all requirements of the RFP. The Proposer shall provide adequate staffing levels for each project at all times and adhere to established schedules. The Proposer shall be knowledgeable of and comply with federal, state and local laws, including the Santa Ana Municipal Code, General Plan, and zoning codes as it applies to their Proposal.
D. NUMBER OF PROPOSALS AND SIGNATURE
A complete Proposal package shall be submitted on PlanetBids on or before the deadline listed on the cover of this RFP.
Additionally, five (5) hard copies of the electronic submission on PlanetBids shall be delivered to the City of Santa Ana to the location noted on the Notice Inviting Proposals.
Hard copy Proposals and Deposits shall be submitted per instructions on PlanetBids.
One of the hard copies shall be marked as “ORIGINAL” and shall be wet signed by a company official with the power to bind the company and submitted to the City of Santa Ana. Please be explicit in identifying the appropriate contractual person with legal authority to bind the company for contract execution purposes.
The Proposal shall be limited to a maximum of (10) double-sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms, and exhibits).
Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.
Proposers may submit Proposals for a single or multiple properties. However, a separate Proposal is required for each parcel. Each property ID will be evaluated individually; thereby, separate proposals is mandatory for review.
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E. PROPOSAL EVALUATION AND RATING
The criteria for evaluating the Proposals submitted will take into consideration the following:
Scoring Criteria Commercial /
Professional
Project Team, Experience, Proposed
Development Concept, & Financial Capacity
30%
Bid Amount and Deposit Verification 40%
Fiscal and Economic Benefit Analysis 15%
Community Benefit 15%
TOTAL: 100%
Staff shall review all Proposals to determine if the RFP Process requirements, as outlined in this document, are met. All Proposals that meet the requirements will be deemed responsive and will be evaluated by a Review Panel. The Review Panel will include representatives from various City Departments, such as the Public Works Agency, Planning and Building Agency, Community Development Agency, and Finance and Management Services Agency. The Review Panel will evaluate Proposals based on the responsiveness to the RFP, which includes adherence to outlined directions, format, and the City evaluation criteria set forth above and in Section III of this RFP.
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected Proposer will assume responsibilities for all services in its Proposal. The selected Proposer shall identify a sole point of contact with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement.
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing to the Q&A section located in PlanetBids no later than date listed on the cover of the RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
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D. ADDENDA
Any changes in RFP from the date of release to the date of submittal of inquiries/questions will be summarized in an addendum or amendment to the RFP.
Notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents.
E. CITY RIGHT TO REJECT
The City reserves the right to reject any or all Proposals submitted and no representation is made hereby that any Purchase and Sale Agreement will be entered into pursuant to this RFP or otherwise.
F. BID PROTESTS
City staff will endeavor to expedite the review and evaluation of Proposals. Proposals will be evaluated and ranked according to the criteria described in this RFP. Each Proposer will receive a notification in PlanetBids from the City whether their Proposal was accepted or rejected. Proposers with concerns or rebuttal of any staff determination of non-responsiveness may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. All successful Proposals will be presented to the City Council along with staff recommendations for final approval.
III.SUBMITTAL REQUIREMENTS AND CONDITIONS
A. GENERAL
I. The number of Proposal Copies is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
II. Deadline:
Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
The Proposal format and page limitation, if any, is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
The information being requested by this RFP is necessary for the City to adequately evaluate the Proposals. Failure to supply the requested information may result in rejection of the Proposal.
➢ Project Narrative & Preliminary Site Plan for Proposed Development
1. A cover page that includes the following information:
a. Proposer’s name and mailing address
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b. Proposer’s current legal status: corporation, partnership, sole proprietor, non-profit, etc.
c. Contact person’s name, title, phone number and e-mail address d. Signature of authorized corporate officer for each entity proposing as a partnership or team shall be signed by a company official with the power to bind the company
2. A Letter of Introduction – Include a summary of the respondent’s basic qualifications, experience, past projects of similar nature and size, and reasons for interests in this opportunity. The letter must be signed by an individual authorized to make legally binding commitments for the entity.
3. Identify the entities that will be involved, including the following information:
a. An organizational structure that describes roles each entity will play (e.g., developer, architect, building owner, property manager, tenant, professional consultant).
b. A summary of the development team’s past experience in working together to develop similar projects, including location, type of development, Proposer’s role(s), cost of project, funding sources, status of project, and information about any continued financial or operating interest in each. c. Include specific previous relevant experience with public entities, especially within Orange County, including reference contact information.
The City may ask for supporting documentation substantiating claims of previous experience.
d. The purchase and sale agreement shall be in the Proposers name submitted in the bid Proposal. During the agreement period, the Proposer/buyer may not assign its rights or obligations under an agreement without the prior written consent of the City, which consent may be withheld in the sole discretion of City. The Proposer may assign its rights and obligations to 1) a partnership of which the Proposer or an affiliate entity is the general partner, 2) to a limited liability company of which the Proposer or an affiliate entity is the managing member and which the Proposer or an affiliate entity directly or indirectly holds an ownership interest, or 3) any other entity in which Proposer directly or indirectly has an ownership interest and is responsible for managing the day to day activities of such entity.
4. A detailed and concise project description of the proposed development including narrative, preliminary site plan and renderings if available (e.g., size of building and square footage of specific components, nature of improvements, number of parking spaces, development plan, anticipated materials and design style, circulation patterns, loading/service provisions) to be built on the site.
Information should be included about the anticipated type of tenants expected.
For all projects, the narrative must also address the development concept for the site, current zoning, and anticipated development costs.
5. A letter of intent from tenants or other information documenting the demand for the proposed space, if available.
6. A proposed timeframe for the development, including identification of any conditions that must be met before the Proposal can become a reality. The City Council 19 – 19 10/6/2026 schedule should include the time needed to obtain financing, complete design and secure permits and entitlement approvals, prepare the site, start and complete construction, and start and complete occupancy and/or lease-up.
7. Provide evidence of sufficient financial strength to undertake and successfully complete a project of this scale. The preferred evidence is recent financial statements for respondent with an accompanying letter from a certified public accountant verifying that the financial statements were prepared in accordance with Generally Accepted Accounting Principles. The City, at its sole discretion, may consider alternative evidence of sufficient capacity to undertake a development of the proposed scope. (NOTE: alternative evidence must be approved by the City prior to respondent’s submission of a response to this RFP.)
8. A description of proposed project financing structure and anticipated return (e.g. anticipated sources and proportions of debt/equity and financial return threshold required by respondent).
9. Please indicate whether fundraising to finance all or a portion of development costs is proposed, and if so, in what amount.
10. Identification of any projects/financings upon which the respondent team or its members has collectivity or individually defaulted.
For any Proposal that is selected for recommendation to City Council, additional information including complete financial statements for the last three years for all team members who will retain an ownership interest in the project may be required.
11. Any other information that would help City staff understand and evaluation the concepts proposed.
➢ Bid Amount and Deposit Verification
12. A completed Property Bid Form (Exhibit V). Proposals that do not include an executed Property Bid Form, including initials acknowledging each page, shall be considered incomplete which will be grounds for rejection of the entire Proposal.
It is not required that the bid amount match or exceed the “Appraised Amount” listed on the Property Bid Form. However, a “Qualifying Bid” shall total at least 75% of the Appraised Amount listed for each Parcel ID.
13. Each bid must be accompanied by a deposit in the form of a cashier’s check, treasurer’s check or bank draft of any state or national bank, payable to the City of Santa Ana, in the amount of One Percent (1%) of the total bid amount for each parcel. If bidding on multiple properties, multiple deposit checks will be required.
These deposits shall be submitted at the same time as the hard copy Proposals.
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➢ Fiscal and Economic Benefit Analysis
14. A development budget showing the detailed sources and uses of all funds (including debt, equity and other funding sources) to acquire and develop the site.
Ensure that the capital pro forma breaks out project costs to indicate all developer and professional fees. Information as to the status of securing those funds should be included, and inclusion of a conditional financing commitment is strongly encouraged. If the project includes multiple uses, the development budget should be broken down by the component uses (commercial, office, etc.). An electronic and editable copy of the development budget and pro forma including all underlying assumptions and equations in .xls format shall be provided if requested by the City.
15. An estimate of the taxable value upon completion and annual real estate taxes. Also include a description of the additional benefits that will result from the development, such as the jobs created or retained (including the estimated number, type and wage levels of both full time and part time positions within the first five years of development).
➢ Community Benefit
16. Describe how the proposed development will serve the local community.
Community benefits may be achieved through developing or increasing access to the following:
• Affordable housing, with a focus on community-controlled, permanently affordable housing, for example a community land trust;
• Affordable, healthy food retail;
• Community gardens / pocket parks, children’s playground, etc; • Community health clinics;
• School facilities;
• Renewable energy infrastructure;
• Public transportation;
• Green space, parks and recreation centers;
• Affordable childcare;
• Youth and senior facilities and services;
• Community agriculture;
• Development of land by a community land trust;
• Hiring Local workforce for construction and ongoing operations;
17. Identify any other business or property holdings in the greater Santa Ana Region and participation in any local business, business partnerships, or community-based partnerships in this area.
C. CONDITIONS
All information contained in this RFP are believed to be accurate; however, no representation or warranty is made with respect thereto.
1. Additional Deposit:
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The development team whose Proposal is ultimately selected by the City Council must make the required down payment of Ten Percent (10%) to the selected escrow company within Ten (10) days of City Council Approval.
After the deposit of Ten Percent (10%) is made, the initial One Percent (1%) deposit will be returned. Additionally, the City will return the One Percent (1%) deposit submitted from all Proposers who are not selected by City Council for award.
2. Escrow:
Following City Council approval of the sale of the property, escrow shall commence. The remainder of the bid amount shall be due prior to close of escrow. Closing on the property sale must be completed within thirty to fortyfive (30 - 45) days of escrow opening or the Ten Percent deposit (10%) may be forfeited. Upon opening of escrow, the buyer will agree in writing to forfeit and release the deposit money to the City in the event of buyer default. The purchaser shall pay all escrow related fees, including the seller’s portion as well as documentary fees, surtaxes, and all recording fees, etc.
3. Due Diligence Period:
Potential bidders may arrange for contractors, consultants, architects and others they deem necessary to inspect the properties they would like to submit bids for. This due diligence period is the sole opportunity for bidders to conduct inspections and assess the properties. Bidders are inspecting the properties at their own risk, and they are fully responsible and liable for their personnel, investors, inspectors, guests and invitees of all types while at the premises. By participating in an inspection, bidders agree to accept this liability at all times. While inspections are recommended, they are not mandatory. Bidders shall conduct their own due diligence at their own cost prior to submitting a bid., as no further opportunities for inspection will be provided thereafter.
In order to conduct a site investigation, a no-fee Right of Entry Permit shall be required (Exhibit III). If desired, submit form to PWAPropertySale@santaana.org.
4. Warranties of Buyer:
Buyer will warranty a commitment of milestones for the entitlement process, as well as construction of proposed development to be specified in the actual purchase and sale agreement. Refer to Sample Agreement (Exhibit II) for specific provisions.
5. Withdrawal of Bids:
Proposers may withdraw their Proposals at any time prior to the deadline for Proposal submittal. After the deadline, the Proposal will constitute an irrevocable offer for a period of 180 days. Once opened, Proposals become a record of the City and will not be returned to the Proposer. Any Proposers that withdraw bids after the deadline but prior to council award shall forfeit their initial One Percent (1%) deposit.
6. Bid Postponement / Cancellation:
The City may, at its sole and absolute discretion, reject any bids that are not submitted in accordance with the terms in this Bid Solicitation. The City may City Council 19 – 22 10/6/2026
re-advertise this Bid; postpone or cancel, at any time during this Bid process; or waive any irregularities in this Bid or in the Proposals received as a result of this Bid.
7. Costs Incurred by Proposers:
All expenses involved with the preparation and submission of bids to the City, or any work performed in connection therewith, including participating in any presentations or negotiations related to this RFP, shall be borne by the Proposer(s). No rights of ownership will be conferred until title of the property is transferred to the successful bidder. All fees for copying and reproduction services for items listed herein are nonrefundable.
8. Business Entity Registration:
It is the responsibility of the Proposer to update information concerning any changes, such as new address, telephone number, etc.
9. Oral Presentations:
The City does not anticipate that oral presentations will be required of Proposers. The committee reserves the right to interview any Proposer, begin negotiations and enter into an agreement without interview or further discussions.
10. Property Records:
The properties were acquired as part of various City improvement projects and are being sold “AS IS”. The City of Santa Ana does not provide an abstract of title or survey of the property. Interested parties are able to review all available property records, by appointment.
11. Broker Fees:
The City intends on negotiating directly with Proposers on the sale of these properties. Proposers may employ and compensate brokers at their own expense.
12. Proof of Funds Once Selected:
For any Proposal that is selected, prior to recommendation to City Council, Proposer must provide a detailed report of specific assets or resources used to fund the purchase.
13. Proof of Development Fulfilment in City
The City has the right to reject, or score appropriately, any Proposals from teams that have not successfully met City development timeline, schedule, standards, or milestones on prior projects or transactions.
IV.PROPOSAL REVIEW
A. EVALUATION AND RATING
The criteria for evaluating the Proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION.
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B. SELECTION
The committee may interview the top ranking Proposers. Staff will recommend authorization of a purchase and sale agreement to the Proposer who best meets the scoring criteria.
V. PURCHASE AND SALE AGREEMENT
A. EXECUTION OF AGREEMENT
The submitted Proposal will be the basis for any negotiation of final terms which will lead to a completed agreement ready for execution based on the sample Agreement attached herein as Exhibit V in the Appendix.
B. REQUEST FOR COUNCIL ACTION
Following evaluation and rating by the Proposal review committee, the Project Manager will bring forth the recommended Proposals to City Council for consideration and authorization to transfer ownership.
VI.PUBLIC RECORDS
All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act.
VII.CITY INFORMATION
BRISTOL STREET IMPROVEMENTS
The majority of the parcels are located on Bristol Street. Within the City of Santa Ana, Bristol Street is classified as a north-south Major Arterial per the City’s General Plan Circulation Element (GPCE) and the County of Orange’s Master Plan of Arterial Highway (MPAH). Due to growth experienced during the late 1980’s resulting in traffic congestion and safety concern with lack of bike lane, the City of Santa Ana proposed to improve Bristol Street providing adequate vehicular capacity and adding bike lanes from Warner Ave. to Memory Lane.
The proposed improvements have been designed utilizing Complete Streets principals to provide safe, comfortable, and convenient travel for all users – pedestrians, bicyclists, transit riders, and motorists.
Safety: The narrow travel lanes and raised median will deter speeding through the project segment; Landscape parkways will provide a safe buffer between pedestrians and motorists; Bicyclists will travel in a designated bike lane instead of mixing flow with vehicles and pedestrians; longer raided median and cul-de-sac streets are potentially reduced controlled left turn movements and improved traffic flow.
Accessibility: Installation of wider sidewalks, ADA compliant curb ramps, and bike lanes will greatly improve accessibility for pedestrians and bicyclists.
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Traffic Flow: Improving the remaining phases of Bristol Street will complete the ultimate roadway cross section with six lanes between Warner Ave to 17th St. Ultimately, the proposed Bristol Street improvements will provide safe mobility for all users while improving traffic flow.
Development along the Bristol Street Corridor must adhere the Bristol Street Specific Plan. The document can be accessed via the following link: https://www.santa-ana.org/pb/planningdivision/zoning-documents
TRANSIT ZONING CODE
Some of the parcels are within the boundaries of the Transit Zoning Code, it is adjacent to the boundaries where the code impacts future development of the Downtown. In 2010, the City adopted Specific Development 84 (Transit Zoning Code), a comprehensive land use plan that incorporates approximately 450 acres extending from Grand Avenue to the City’s downtown core. The Transit Zoning Code (TZC) is designed to provide the zoning necessary to support the long-term development of a successful transit program. The completed document can be viewed in its entirety at:
http://www.ci.santa-ana.ca.us/pba/planning/Transit_Zoning_Code.asp The Transit Zoning Code encourages transit-oriented development containing a mix of residential, commercial, and professional uses to achieve the City’s and the region’s goals of establishing housing adjacent to transit. The Transit Zoning Code area is primed for increased growth given its proximity to major transit systems and its adjacency to existing residential communities, creating amenity-enriched connections between the government center
OC STREETCAR
The cities of Santa Ana and Garden Grove in cooperation with the Orange County Transportation Authority (OCTA) are constructing a fixed guideway/streetcar transportation system between the Santa Ana Regional Transportation Center (SARTC) and Garden Grove.
The system will provide transit services for commuters travelling from the train station to employment and activity centers in the heart of Orange County and for residents and visitors alike travelling to destinations throughout the area.
The OC Streetcar will increase transportation options and provide greater access along its 4.15- mile route (in each direction) along Santa Ana Boulevard, 4th Street, and the Pacific Electric right-of-way to Harbor Boulevard in Garden Grove.
The O C Streetcar will provide the some of the sites with easy access to both the Civic Center and downtown. More information regarding the OC Streetcar can be viewed at http://www.octa.net/Projects-andPrograms/All-Projects/Rail-Projects/OC-Streetcar City Council 19 – 25 10/6/2026
CITY OF SANTA ANA
PURCHASE AND SALE AGREEMENT
(subject to changes per our City Attorney’s Office)
THIS PURCHASE AND SALE AGREEMENT (“Agreement”) is made and entered into this ____ day of _____________, 2026 (“Effective Date”), by and between xxx (“Buyer”), and the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“Seller” or “City”). As used herein, Buyer and Seller may be referred to collectively as the “Parties,” and each individually as a “Party.” RECITALS (on applicable to be revised based background) A. City is the fee simple owner of that certain real property consisting of approximately xxx square feet, located at xxx (APN Nos. xxx) Santa Ana, California, legally described in Exhibit “A” attached to this Agreement and incorporated into this Agreement in its entirety by this reference (the “Property”).
B. On xxx, the Property was approved by the City for disposition through direct negotiations, without competitive bidding, in accordance with Santa Ana Municipal Code sections 2-706 and 2-709.
C. On October 21, 2025, the Santa Ana City Council adopted Resolution No. 2025-045 declaring the Property as surplus land and directing the City Manager to comply with the requirements of California Government Code Section 54220 et seq. (“Surplus Land Act”) for the disposition of the Property.
D. On February 20, 2025, the City released a Notice of Availability (“NOA”) of surplus property for the Property for a period of sixty days. This NOA was sent out to all “local public entities,” as defined in Health and Safety Code section 50079, within whose jurisdiction the surplus land was located, and to “Housing Sponsors” that had notified the California Department of Housing and Community Development (“HCD”) of their interest in surplus land. The NOA was also sent to local parks agencies and school districts.
F. In satisfying Surplus Land Act requirements, City staff proceeded with direct negotiations to sell the Property to the Adjacent Property Owner.
G. City now desires to sell the Property to Buyer, and Buyer desires to purchase the Property from City, in accordance with the provisions of this Agreement.
EXHIBIT II
SAMPLE AGREEMENT
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AGREEMENT
NOW THEREFORE, incorporating the foregoing Recitals and in consideration of the mutual covenants and agreements herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:
Incorporation of Recitals. The recitals of fact set forth above are true and correct and are incorporated into this Agreement in their entirety by this reference.
Purchase and Sale; Purchase Price.
Purchase and Sale. Seller shall sell the Property to Buyer, and Buyer shall purchase the Property from Seller, subject to the terms and conditions set forth in this Agreement.
Purchase Price. The purchase price of the Property shall be xxx.
Escrow.
Escrow Instructions. Escrow Instructions. Within seven (7) days following the execution of this Agreement by the Parties, Buyer will open an escrow (“Escrow”) with __________________, Attn: xxx (“Escrow Holder”) for the purchase and sale of the Property. The “Opening of Escrow” shall mean the date on which a fully executed copy of this Agreement has been delivered to Escrow Holder.
Escrow Holder shall confirm the Opening of Escrow to the Parties in writing. This Agreement constitutes joint escrow instructions to Escrow Holder. The Parties agree to execute such additional instructions consistent with the provisions of this Agreement, which may be required by Escrow Holder. As between the Parties, Buyer and Seller agree that, if there is any conflict between the terms of this Agreement and any Escrow Instructions required by Escrow Holder, the terms of this Agreement shall control. Buyer and Seller shall each furnish Escrow Holder with their respective Federal Tax Identification Numbers and such other information as is reasonably required by Escrow Holder.
Payment of Purchase Price. The Purchase Price for the Property shall be payable at Closing. If Seller has deposited into Escrow all documents and amounts required of Seller to close Escrow, including without limitation, the “Grant Deed” (as defined in Section 3.10 below), and complied with all of Seller’s other obligations under this Agreement, then on or before the “Closing Date” (as defined Section 3.3 below) so as not to delay the “Close of Escrow” (as defined Section 3.3 below), Buyer shall deposit into Escrow the following in Acceptable Funds: (a) the Purchase Price and (b) the Escrow closing costs pursuant to the preliminary Escrow Closing statement furnished by Escrow Holder as provided below.
Close of Escrow. Subject to Sections 3.3.1 and 3.3.2, Escrow for the sale of the Property shall close on a date that is no later than thirty (30) days after the opening of Escrow (“Closing Date”), subject to reasonable extension as necessary in order to satisfy the conditions precedent and other requirements for the Close of Escrow. As used in this Agreement, “Close of Escrow” shall mean the date on-which the “Grant Deed” conveying fee title to the Property to Buyer is recorded in the Orange County Recorder’s Office.
Conditions Precedent to Buyer Obligation to Close. Buyer’s obligation to close Escrow and purchase the Property is expressly conditioned on the satisfaction of the conditions listed in this Section 3.3.1. If any such condition is not satisfied or waived by Buyer at or prior to the Close of Escrow, for any reason other City Council 19 – 27 10/6/2026
than a default by Buyer, Buyer may, in its sole discretion and without limiting any of Buyer’s legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Seller.
Title Policy. Escrow Holder has issued or is irrevocably committed to issue to Buyer the “Title Policy” (as defined in Section 3.6 below) showing fee title vested in Buyer subject only to “Permitted Exceptions” (as defined in Section 3.5 below).
Representations and Warranties. Each of Seller’s representations and warranties in this Agreement are materially true and accurate as of the Close of Escrow.
Seller Obligations. Seller is not in material default under this Agreement and each material obligation of Seller to be performed prior to the Close of Escrow, has been performed as required, including, without limitation the delivery of all documents required of Seller under this Agreement.
Possession. Seller is able, at the Close of Escrow to deliver exclusive possession of the Property to Buyer in accordance with this Agreement and does so.
Conditions Precedent to Seller Obligation to Close. Seller’s obligation to close Escrow and sell the Property is expressly conditioned upon the satisfaction of the conditions listed in this Section 3.3.2. If any such condition is not satisfied or waived by Seller prior to the Close of Escrow for any reason other than a default by Seller, Seller may, in its sole discretion and without limiting any of Seller’s legal remedies or remedies under this Agreement, terminate this Agreement by written notice to Buyer.
Representations and Warranties. Each of Buyer’s representations and warranties set forth in this Agreement are materially true and accurate as of the Close of Escrow.
Buyer’s Obligations. Buyer is not in material default under this Agreement, and each material obligation of Buyer to be performed prior to the Close of Escrow hereunder has been performed as required.
Escrow Cancellation.
Charges.
Seller’s Default. If Escrow fails to close due to Seller’s default, Seller shall pay all Escrow cancellation charges. “Escrow cancellation charges” means all fees, charges and expenses charged or passed on to the Parties by Escrow Holder, including all title expenses. Buyer shall be entitled to terminate this Agreement or bring an action against Seller for specific performance as its sole and exclusive remedies.
Buyer’s Default. If Escrow fails to close due to Buyer’s default, Buyer shall pay all Escrow cancellation charges and Seller shall be entitled to terminate this Agreement as its sole and exclusive remedy.
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No Default. If Escrow fails to close and this Agreement is terminated for any reason other than a default by one of the Parties, Buyer and Seller shall evenly split any Escrow cancellation charges.
Permitted Exceptions to Title. As soon reasonably possible after the Opening of Escrow, Escrow Holder shall cause xxx, in its capacity as title insurer (“Title Company”), to deliver to Buyer and Seller a current preliminary title report (“Title Report”) together with legible copies of all underlying documents referenced therein (together with the Title Report, the “Title Documents”). The term “Permitted Exceptions” as used in this Agreement shall mean all of the following: (a) the Grant Deed; (b) the Affordable Housing Covenant; (c) non-delinquent real property taxes and assessments; (d) items and exceptions created by or with the written consent of Buyer, including documents to be recorded pursuant to this Agreement, and (e) the title exceptions shown on the Title Report but excluding any (i) “Disapproved Exceptions” as defined below that Seller, in its sole discretion, agrees to remove prior to the Close of Escrow as provided below and (ii) all monetary liens and monetary encumbrances on the Property, other than non-delinquent real property taxes and assessments which will be removed (meaning removal from title and not the issuance of an endorsement in connection therewith by the Title Company) from title by Seller at its sole cost and expense prior to the Close of Escrow. If Buyer objects to any title exceptions in its sole and absolute discretion (“Disapproved Exceptions”), Buyer shall deliver written notice (“Objection Notice”) of same to Seller within ten (10) business days of delivery of the initial Title Report to Buyer. Seller shall act in good faith and reasonably to resolve any title exception in the Objection Notice. If Buyer fails to deliver an Objection Notice but delivers a “Notice of Approval”, Buyer shall be deemed to have approved title to the Property subject to the Permitted Exceptions. If Buyer delivers an Objection Notice regarding a title exception and Seller, by delivery of written notice to Buyer within five (5) business days following receipt of the Objection Notice elects not to remove a material Disapproved Exception (Seller’s failure to respond to a Buyer Objection Notice shall be deemed such an election), Buyer’s sole remedies shall be with respect to the delivery of a Notice of Approval or delivery or deemed delivery of a Notice of Termination.
Title Insurance. Seller shall cause the Title Company to commit to issue to Buyer at the Close of Escrow a standard coverage ALTA Owner’s policy of title insurance with mechanics lien endorsement (Seller shall provide any indemnity or other agreement required by the Title Company as a condition to the issuance of the mechanics lien endorsement) (“Title Policy”) insuring fee title to the Property vested in Buyer subject only to the Permitted Exceptions, with coverage in an amount equal to the Purchase Price. If Buyer requires an extended coverage ALTA Owners policy of title insurance, Buyer shall pay the difference in cost between the standard and extended coverage and the cost of any endorsements (other than a mechanics lien endorsement issued in connection with the standard coverage Title Policy which shall be at the cost of Seller) (“Buyer Title Costs”).
Possession. Seller shall deliver possession of the Property to Buyer at the Close of Escrow subject only to the Permitted Exceptions and free of any tenancies and/or third patty claims of use or ownership.
Taxes, Assessments and Prorations.
Taxes. Only to the extent the Seller pays any property taxes or assessments on the Property, all current general and special taxes and assessments on the Property shall be prorated by Escrow Holder based upon the latest available information as shown in the tax statements provided to Escrow Holder by Seller, using customary escrow procedures in Orange County. Seller shall provide Buyer with City Council 19 – 29 10/6/2026
written evidence of the payment or satisfaction of such taxes. Should the Property be part of a larger tax parcel (“Assessment Parcel”) which as of the Close of Escrow remains unsegregated on the County Tax Assessor’s Roll for the ensuing fiscal year, Escrow Holder shall charge Buyer and credit Seller for taxes and assessments allocated to the Property (based on unimproved value) based on the percentage of the total acreage of the Assessment Parcel located on the Property, which acreage figures for allocation purposes shall be fairly and equitably determined and supplied to Escrow Holder by Buyer and Seller. Buyer and Seller shall cooperate in good faith to cause the Property to be separately assessed and segregated in Buyer’s name on the current tax roll. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of the sale of the Property to Buyer, shall be the responsibility of Buyer. Any real property taxes or assessments levied under the Supplemental Tax Roll as a result of transfers, improvements or other occurrences before the Close of Escrow shall be the responsibility of Seller.
General. All pro rations provided for herein shall be on an “actual day” basis and a three hundred sixty-five (365) day year. The provisions of this Section shall survive Close of Escrow. If either Party fails to pay its pro rata share of taxes or other expenses by the times herein provided, interest shall accrue on all unpaid amounts from when owing until paid at the maximum rate allowed by law. Any errors or omissions made in calculating adjustments and prorations shall be corrected promptly upon the discovery thereof. If any estimations are made at the Close of Escrow regarding adjustments or prorations, the Parties shall make the appropriate collection promptly when accurate information becomes available. Any corrected adjustment or proration shall be paid to the Party entitled thereto within thirty (30) days after written request therefor and if not so paid interest shall accrue and be payable on same at the maximum rate allowed by law.
Closing Costs. Buyer shall pay the cost of the Title Policy, the Escrow Fees and any applicable documentary transfer fees (considering Seller is a City) and recording fees, and all other costs and expenses incurred related to the purchase of the Property by Buyer. If required by Buyer’s lender, Buyer shall also pay for the appraisal cost of the Property (collectively, “Closing Costs”). As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver a copy of the final Escrow closing statement to Buyer and Seller.
Grant Deed. The transfer of ownership of the Property shall be documented through a Grant Deed in the form attached hereto as Exhibit “B” and incorporated herein by reference, conveying the Property to Buyer (“Grant Deed”).
Affordable Housing Covenant in the Event of Residential Development. In accordance with California Government Code Section 54233, if 10 or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall City Council 19 – 30 10/6/2026
be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of Section 65915 of the Government Code. Buyer expressly agrees and consents that the requirements of this section shall be contained in a covenant or restriction recorded against the Property prior to land use entitlement of the project, and the covenant or restriction shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the Government Code.
Recordation and Delivery of Documents. No later than the business day immediately prior to the Closing Date, Buyer and Seller, as applicable, will deposit into Escrow the following documents (with the documents that are to be recorded in the following order and delivered as provided below):
Grant Deed. One (1) fully executed and acknowledged copy of the Grant Deed conveying the Property to Buyer. Conformed copies of the recorded Grant Deed shall be returned to Buyer and Seller as soon as possible.
Withholding Exemption Certificates. One (1) completed and executed copy of the following: Non-foreign Transferor Declaration; Preliminary Change in Ownership Report, Internal Revenue Service Form 1099-S, and California Franchise Tax Board Form 593 and any other applicable state tax withholding forms, as applicable.
Disbursement of Closing Documents. As soon as reasonably possible following the Close of Escrow, Escrow Holder shall deliver copies of all closing documents, including, without limitation, those listed above, the Title Policy, any additional escrow instructions and the final Escrow closing statement, to Seller’s counsel and Buyer or Buyer’s counsel.
Seller’s Proceeds. At the Close of Escrow, subject to Section 3.13 below, Escrow Holder is directed to wire funds representing Seller’s cash proceeds through Escrow to Seller’s account as directed in separate written instructions to be provided by Seller.
Cal-FIRPTA Withholding. Unless this transaction is exempt under California Revenue and Taxation Code Sections 18805 and 26131, Escrow Holder shall be the “withholding agent” and withhold from proceeds due Seller any amounts required under the above code sections to be withheld by Buyer and pay same to the California Franchise Tax Board or Internal Revenue Service in accordance with applicable law.
Additional Documents. Seller and Buyer shall execute and deliver to Escrow any other documents reasonably required by Escrow Holder including, without limitation, Seller’ s affidavits or statements regarding mechanics liens and /or tenants or parties in possession.
Termination of Property Contracts. Seller shall terminate any service contracts or similar agreement relating to the Property that the Buyer does not expressly elect in writing to assume which termination shall be effective as of the Close of Escrow.
Real Estate Brokerage Commission. Buyer and Seller each represent and warrant to each other that they have not employed, dealt with or incurred any obligation to any broker, agent or finder in connection with the Property, and that they have not incurred any obligation to pay any other real estate City Council 19 – 31 10/6/2026
brokerage or other commission or fee in connection with the conveyance of the Property to Buyer. Buyer and Seller agree to indemnify, defend and hold each other free and harmless from and against all costs and liabilities, including without limitation reasonable attorneys’ fees and the costs and expenses of litigation, for causes of action or proceedings in any way related to or resulting from a breach of the foregoing representation and warranty or arising out of any action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by reason of the conduct of the indemnifying Party, respectively, in connection with this transaction.
Inspections; AS-IS Condition of Property.
Waiver of Inspections. Buyer and Seller agree that Buyer unequivocally waives any right to conduct independent investigations concerning (i) Buyer’s proposed use, sale, development or suitability for development of the Property; (ii) the condition and all other attributes of the Property, including, without limitation all improvements located thereon; (iii) applicable laws, statutes, rules, regulations, ordinances, limitations, restrictions or requirements concerning the use, density, location or suitability of the Property or any existing or proposed development or condition thereof, including but not limited to zoning, subdivision and other regulations; (iv) the necessity or availability of any specific plan or general amendments, rezoning, zone variances, conditional use permits, building permits, environmental impact reports, subdivision maps, public reports issued by the California Bureau of Real Estate and all other governmental permits, approvals or acts; (v) the necessity and existence of all dedications, fees, charges, costs or assessments which may be imposed by any Governmental Authority in connection with the proposed development of the Property; (vi) the value of the Property; (vii) the availability or adequacy of access to the Property, or of water, sewage, gas, electrical or other utilities serving the Property and (viii) the presence or adequacy of infrastructure or other improvements on, near or concerning the Property.
No Representations or Warranties. Seller makes no representation or warranty, express or implied, to the Buyer relating to the condition of the Property or suitability of the Property for any intended use or development by the Buyer.
5.3 Acceptance of Property “AS-IS.” Buyer shall accept all conditions of the Property, without any liability of the Seller whatsoever, AS-IS, WHERE-IS, SUBJECT TO ALL FAULTS
CONDITION, WITHOUT WARRANTY AS TO QUALITY, CHARACTER, PERFORMANCE OR CONDITION, and with full knowledge of the physical condition of the Property, the nature of the Seller's interest in and use of the Property, all laws applicable to the Property and of any and all conditions, restrictions, encumbrances and all matters of record relating to the Property. The Property is being acquired by Buyer as a result of its own knowledge of the Property and not as a result of any representation(s) made by the Seller or any employee, official, consultant or agent of the Seller relating to the condition of the Property, unless such statement or representation is expressly and specifically set forth in this Agreement. Seller hereby expressly and specifically disclaims any express or implied.
Warranties.
Authorization. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement by Seller. Each City Council 19 – 32 10/6/2026
individual or entity who has executed this Agreement on behalf of Seller has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Seller.
Conflicting Agreements. Neither the execution or delivery of this Agreement, nor the consummation of the transaction contemplated herein, will conflict with, or result in a breach of, any contract, license or undertaking to which Seller is a party or by which Seller or any of the Property is bound, or constitute a default thereunder. In addition, with respect to any agreements that affect the Property, neither Seller nor any other party or parties to such agreements are in default thereunder nor are there any facts that currently exist which with the passage of time would result in any such default. To the best of Seller’s knowledge, the Property is not subject to any prescriptive easements, claims of adverse possession, encroachments or similar rights or claims. The Property is not subject to any leases, options or other similar rights or claims in favor of any third parties. The Property is not subject to a Williamson Act contract or any similar agricultural agreement.
Proceedings. To the best of Seller’s knowledge, no legal or administrative proceeding is pending or threatened against Seller or the Property nor are there any other facts or circumstances which would adversely affect (i) Seller’s right to convey title to the Property to Buyer as contemplated in this Agreement, or (ii) To the best of Seller’s knowledge, there are no condemnation or eminent domain proceedings pending or threatened with respect to the Property.
Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable against Seller in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally.
Hazardous Materials. Seller has not stored or released, caused to be stored or released or approved the storage or release on the Property, of any “hazardous materials” (as defined below). Seller makes no warranty and Buyer is to verify in advance of the purchase the acceptance that no hazardous materials contaminate the Property necessary for development. As used herein, “hazardous materials” shall mean any (a) chemical, compound, material, mixture or substance that is now defined or listed in, or otherwise classified pursuant to any environmental law as a “hazardous substance,” “hazardous material,” “hazardous waste,” “extremely hazardous waste,” “infectious waste,” “toxic waste,” “toxic pollutant” or any other formulation intended to define, list or classify substances by reason of deleterious properties or effect and (b) petroleum, petroleum by-products, natural gas, natural gas liquids, liquefied natural gas, synthetic gas usable for fuel (or mixtures of natural gas in such synthetic gas), ash, municipal solid waste steam, drilling fluids, produced waters and other wastes associated with the exploration, development and production of crude oil, natural gas or geothermal resources.
No Assumed Obligations. There are no obligations or
responsibilities of Seller with respect to the Property or otherwise of any kind that are assumed by Buyer.
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Endangered Species. To the best of Seller’s knowledge, (a) there are no endangered or threatened species of animals, plants or insects on the Property, and (b) there are no environmental or biological characteristics of the Property or adjacent property.
Ownership of Property. Seller is the sole and only party that owns or holds any interest in the Property.
Property Documents. To the best of Seller’s knowledge, the Property Documents and all other documents and information provided by Seller or its agents or consultants to Buyer are complete, true and accurate and do not omit any material fact, and there are no other documents, materials, studies, surveys or other information in the possession or control of Seller.
Other Agreements. Except as set forth in the Property
Documents and this Agreement, Seller has not made any commitment or representation to or entered into any agreement of any kind with any government authority, or any adjoining or surrounding property owner, group or other third party, which would in any way be binding on Buyer or all or any portion of the Property and will not make any such representations or warranties or enter into any such agreements which would affect the Property or any portion thereof prior to the Close of Escrow, without Buyer’s written consent.
Access. There is full and unobstructed direct access to the Property from public streets, highways or roads that are adjacent to the Property.
Material Change. Seller shall promptly notify Buyer if Seller obtains information that would make any of the representations or warranties contained herein materially inaccurate or misleading.
Buyer’s Warranties. In consideration of Seller entering into this Agreement and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties which shall be true and correct as of the Effective Date and the Close of Escrow and each of which is material and being relied upon by Seller. For all purposes of this Agreement, including Buyer’s representations and warranties contained herein, the phrase “to the best of Buyer’s knowledge” shall mean the current actual knowledge of Buyer. If prior to the Close of Escrow Seller determines that any representation or warranty of Buyer is untrue, inaccurate or incomplete in any material respect (and without waiving any of Seller’s rights or remedies hereunder at law or in equity with respect to any material untruth, incompleteness or inaccuracy existing on the Effective Date, that was known of or should have been known of by Buyer), Seller may give Buyer written notice of same and Buyer shall have seven (7) days from the date of receipt of Seller’s notice (and the Closing Date shall be extended to permit the running of such seven (7) day period) (“Buyer Cure Period”) to correct any fact or circumstance that makes such representation or warranty materially untrue or inaccurate to Seller’s reasonable satisfaction.
If Buyer fails to make such correction within the Buyer Cure Period, then Seller by written notice to Buyer within three (3) days after the expiration of the Buyer Cure Period (and the Closing Date shall be extended to permit the running of such three (3) day period) shall be entitled (a) to terminate this Agreement or (b) continue this Agreement in full force and effect with no change in terms, but without waiving any legal, equitable or other remedies it may have against Buyer. The foregoing is not a waiver or release of City Council 19 – 34 10/6/2026
any of Seller’s rights or remedies for any material untruth, incompleteness or inaccuracy in a representation or warranty of Buyer of which Seller obtains knowledge after the Close of Escrow.
Authorization. Buyer has full power and authority to enter into this Agreement and to perform all of its obligations hereunder, and has taken all action required by law, its governing instruments or otherwise to authorize the execution, delivery and performance of this Agreement. Each individual who has executed this Agreement on behalf of Buyer has the right, power, legal capacity and authority to execute, deliver and perform this Agreement on behalf of Buyer.
Binding Agreement. This Agreement constitutes a legal, valid and binding obligation of Buyer enforceable against Buyer in accordance with its terms, except to the extent that such enforcement may be limited by applicable bankruptcy, insolvency, moratorium and other principles relating to or limiting the rights of contracting parties generally.
Compliance with Law. Buyer is required to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, including any historic property regulations and environmental laws.
Development of Property. Buyer hereby represents and
guarantees that it will complete construction of a concrete block wall and landscaping along Bristol Street per the attached design specifications (Exhibit “C”) within 12 months following the Close of Escrow. These timeframes shall be tolled by any delays directly attributable to the actions or inactions of the City, by any natural causes outside the control of either party (“Force Majeure”), or by mutual agreement of the parties. If Buyer does not comply with these guarantees within the timeframes provided, the City shall have the right to repurchase the Property, including any and all improvements to the Property then completed by Buyer, in exchange for payment by the City to Buyer of eighty percent (80%) of the Purchase Price paid by Buyer under this Agreement. City shall provide written notice of its exercise to purchase the Property within sixty (60) days following the development deadline in this section. The repurchase deed shall be identical in form to the deed by which title to the Property was conveyed by Seller to Buyer and shall be free and clear of any and all mortgages, liens, or other evidence of indebtedness.
Natural Hazard Zone Disclosure. No later than seven (7) business days prior to the Property Approval Date, the Seller will, at its sole cost and expense, provide Buyer with a Natural Hazard Zone Disclosure required by applicable law.
Buyer and Seller Cooperation. Buyer shall submit plans for the development of the Property to Seller, and Seller, in its capacity as the City within which the project is located, will make the determination as to the required entitlements based upon Buyer's proposed plans. Buyer may then process and obtain the Project Entitlements through Seller in its capacity as the City within which the Project Entitlements is located. Nothing in this Agreement shall be deemed to be a prejudgment or commitment with respect to exercise of governmental discretion with regard to such items, nor a guarantee that such approvals or permits will be granted at all or within any particular time or with or without any particular conditions.
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Destruction/Condemnation of Property; Other Notices. In the event that all or any portion of the Property is damaged or destroyed by any casualty under the provisions of applicable law after the Effective Date but prior to the date of Closing, Seller shall give Buyer immediate written notice of the same.
Indemnification.
Obligations. Seller shall indemnify Buyer and Buyer shall indemnify Seller against any wrongful intentional act or negligence of the Indemnitor. Buyer shall also indemnify Seller against any and all of the following: (a) any damage to the Property caused by the Investigations of the Property by Buyer; and (b) any accident, injury or damage whatsoever caused to any person in or on the Property by Buyer prior to the Closing. Notwithstanding anything to the contrary in this Agreement, no Indemnitor shall be required to indemnify any Indemnitee to the extent of the Indemnitee’s wrongful intentional acts or negligence.
Limitation on Liability of the Seller. Following the Close of Escrow, the Buyer is and shall be responsible for operation of the Property, and the Seller shall not be liable for any injury or damage to any property (of the Buyer or any other person) or to any person occurring on or about the Property, except to the extent caused by the Seller’s wrongful intentional act or negligence.
Strict Liability. The indemnification obligations of an Indemnitor shall apply regardless of whether liability without fault or strict liability is imposed or sought to be imposed on one or more Indemnitees.
Independent of Insurance Obligations. Buyer’s indemnification obligations under this Agreement shall not be construed or interpreted as in any way restricting, limiting, or modifying Buyer’s insurance or other obligations under this Agreement and is independent of the Buyer’s insurance and other obligations under this Agreement. Buyer’s compliance with its insurance obligations and other obligations under this Agreement shall not in any way restrict, limit, or modify the Buyer’s indemnification obligations under this Agreement and are independent of the Buyer’s indemnification and other obligations under this Agreement.
Survival of Indemnification and Defense Obligations. The indemnity and defense obligations under this Agreement shall survive the expiration or earlier termination of this Agreement, until all claims against any of the Indemnitees involving any of the indemnified matters are fully, finally, absolutely and completely barred by applicable statutes of limitations.
Independent Duty to Defend. The duty to defend under this Agreement is separate and independent of the duty to indemnify. The duty to defend includes claims for which an Indemnitee may be liable without fault or strictly liable. The duty to defend applies immediately upon notice of a claim, regardless of whether the issues of negligence, liability, fault, default or other obligation on the part of the Indemnitor or the Indemnitee have been determined. The duty to defend applies immediately, regardless of whether the Indemnitee has paid any amounts or incurred any detriment arising out of or relating (directly or indirectly) to any claims. It is the express intention of the Parties that an Indemnitee be entitled to obtain summary adjudication or summary judgment regarding an Indemnitor’s duty to defend the Indemnitee, at any stage of any claim or suit, within the scope of the Indemnitor’s indemnity obligations under this Agreement.
Indemnification Procedures. Wherever this Agreement requires any Indemnitor to Indemnify any Indemnitee:
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Prompt Notice. The Indemnitee shall promptly notify the Indemnitor of any claim. To the extent, and only to the extent, that the Indemnitee fails to give prompt Notice of a Claim and such failure materially prejudices the Indemnitor in providing indemnity for such claim, the Indemnitor shall be relieved of its indemnity obligations for such claim.
Selection of Counsel. The Indemnitor shall select counsel reasonably acceptable to the Indemnitee. Counsel to Indemnitor’s insurance carrier that is providing coverage for a claim shall be deemed reasonably satisfactory. Even though the Indemnitor shall defend the action, Indemnitee may, at its option and its own expense, engage separate counsel to advise it regarding the claim and its defense. The Indemnitee’s separate counsel may attend all proceedings and meetings. The Indemnitor’s counsel shall actively consult with the Indemnitee’s separate counsel. The Indemnitor and its counsel shall, however, fully control the defense, except to the extent that the Indemnitee waives its rights to indemnity and defense for such claim.
Miscellaneous.
Notices. Any notice, request, demand, instruction or other document required or permitted to be given or served hereunder or under any document or instrument executed pursuant hereto will be in writing and will be delivered personally or sent by United States registered or certified mail, return receipt requested, postage prepaid or by overnight express courier, postage prepaid and addressed to the parties at their perspective addresses set forth below, and the same will be effective upon the date of confirmed dispatch, if by electronic communication receipt if delivered personally or via overnight express courier or on the third Business Day after deposit if mailed. A party may change its address for receipt of notices by service of a notice to such change in accordance herewith. Buyer and Seller hereby agree that notices may be given hereunder by the parties’ respective counsel and that, if any communication is to be given hereunder by Buyer’s or Seller’s counsel, such counsel may communicate directly with all principals as required to comply with the provisions of this Section.
If to Buyer: Buyers Address/Information
If to Seller: City of Santa Ana
20 Civic Center Plaza M-30
Santa Ana, CA 92702
Attn: Clerk of the Council
with a copy to: City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, CA 92702
Attn: Executive Director of Public Works
No Third Party Beneficiaries. Notwithstanding any provision contained in this Agreement to the contrary, this Agreement is intended as and shall be deemed to be an agreement for the sale of assets and none of the provisions hereof shall be deemed to create any obligation or liability of any person that is not a Party, whether under a third-party beneficiary theory, laws relating to transferee liabilities or otherwise. Buyer shall not assume and shall not be obligated to discharge or be liable for any debts, liabilities or obligations of Seller including, but not limited to, any (a) liabilities or obligations of Seller to its creditors, shareholders, members, partners, managers, or owners, (b) liabilities or obligations of Seller with respect to any acts, events or transactions occurring prior to, on or after the Close of Escrow, City Council 19 – 37 10/6/2026
(c) liabilities or obligations of Seller for any federal, state, county or local taxes, or (d) any contingent liabilities or obligations of Seller, whether known or unknown by Seller or Buyer. Buyer shall have no duty whatsoever to take any action or receive or make any payment or credit arising from or related to any services provided or costs incurred in connection with the Property prior to the Close of Escrow, including, but not limited to, any matters relating to cost reports, collections, audits, hearings, or legal action arising therefrom.
Further Instruments. Each Party will, whenever and as often as it shall be reasonably requested to do so by the other, cause to be executed, acknowledged or delivered any and all such further instruments and documents as may be necessary or proper, in the reasonable opinion of the requesting Party, in order to carry out the intent and purpose of this Agreement.
Calculation of Time Periods; Business Day; Time of Essence. Unless otherwise specified, in computing any period of time described herein, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is not a Business Day, in which event the period shall run until the end of the next day which is a Business Day. The last day of any period of time described herein shall be deemed to end at 5:00 p.m. local time in the state in which the Property is located. As used herein, the term “Business Day” means any day excluding Saturdays, Sundays and State and National holidays and any day the City is closed. Subject to the foregoing provisions, time is of the essence of this Agreement.
Entire Agreement; Amendments. This Agreement (including the documents delivered pursuant to this Agreement), constitutes the entire agreement of the Parties pertaining to the subject matter of this Agreement and supersedes all prior agreements or letters of intent of the Parties. This Agreement may not be amended, modified, or supplemented except by a written instrument signed by an authorized representative of each of the Parties.
Survival. All covenants, agreements, representations, warranties and indemnities contained in this Agreement shall survive the execution and delivery of this Agreement and the Close of Escrow and the delivery and recordation of all documents or instruments in connection therewith.
Binding Effect; Enforcement. The covenants, agreements, representations, and warranties contained herein will be binding upon, be enforceable by and inure to the benefit of the representatives, successors, and permitted assigns of the respective parties hereto.
Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to, the laws of the State of California applicable to contracts made and to be performed entirely therein.
Venue. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be the Superior Court of Orange County, and the Parties hereby agree to and do hereby submit to the jurisdiction of such court.
Attorneys’ Fees. If any Party to this Agreement shall bring any action or proceeding for any relief against the other, declaratory or otherwise, in any way arising out of or in connection this Agreement and/or the Property, the losing Party shall pay to the prevailing Party a reasonable sum for attorneys’ fees and costs (including without limitation expert witness fees) incurred in bringing or defending such action or proceeding or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action or proceeding and shall be paid whether or not such action or proceeding is prosecuted to final judgment. Any judgment or order entered in such City Council 19 – 38 10/6/2026
action or proceeding shall contain a specific provision providing for the recovery of attorneys’ fees and costs, separate from the judgment, incurred in enforcing such judgment. The prevailing Party shall be determined by the trier of fact based upon an assessment of which Party’s major arguments or positions taken in the proceedings could fairly be said to have prevailed over the other Party’s major arguments or positions on major disputed issues. For the purposes of this Section, attorneys’ fees shall include, without limitation, fees incurred in the following: (1) post-judgment motions; (2) contempt proceedings; (3) garnishment, levy and debtor and third party examinations; (4) discovery; and (5) bankruptcy litigation.
Construction. The provisions of this Agreement shall not be construed in favor of or against either Party, but shall be construed as if both Parties prepared this Agreement.
Interpretation. The paragraph and section headings in this Agreement are solely for convenience and will not be deemed to limit or otherwise affect the meaning or construction of any part of this Agreement. Any pronoun used in this Agreement will be deemed to cover all genders. The terms “include,” “including,” and similar terms will be construed as if followed by the phrase “without being limited to.” The term “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or.” The words “hereof,” “herein,” “hereby,” “hereunder,” and similar terms in this Agreement refer to this Agreement as a whole and not to any particular provision or section of this Agreement. Words in this Agreement importing the singular number will mean and include the plural number, and vice versa.
No Waiver. No waiver by a Party of a breach of any of the terms, covenants, or conditions of this Agreement by the other shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition contained herein. No waiver of any default by a Party shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated and no express waiver shall affect a default other than as specified in such waiver. The consent or approval by either Party to or of any act by the other requiring the first Party’s consent or approval shall not be deemed to waive or render unnecessary the consenting Party’s consent or approval to or of any subsequent similar acts by the other Party.
Severability of Provisions. Wherever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement will be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.
Incorporation of Exhibits. Except as intentionally omitted, all exhibits attached hereto and referred to herein are incorporated into the Agreement as though fully set forth herein.
Counterparts. This Agreement may be executed in any number of counterparts and by different Parties to this Agreement in separate counterparts, each of which when so executed and delivered will be deemed original, but all such counterparts, together, will constitute but one and the same instrument. Signature pages may be detached from multiple separate counterparts and attached to a single counterpart so that all signature pages are physically attached to the same document. This Agreement will become effective upon the execution and delivery of a counterpart hereof by each Party to this Agreement.
A signature of a Party to this Agreement sent by facsimile, electronic mail (including a scanned portable document format copy sent by electronic mail), or other electronic transmission will have the same force and effect as delivery of an original signature of such Party.
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Amendments. This Agreement may not be modified, changed, supplemented, superseded, canceled or terminated, except by written instrument signed by the Parties hereto.
IN WITNESS WHEREOF, the Parties have executed this Agreement to be effective as of the Effective Date.
ATTEST
Jennifer Hall
City Clerk
CITY OF SANTA ANA
Alvaro Nunez
City Manager
APPROVED AS TO FORM
Sonia R. Carvalho
City Attorney
By:
Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Rodolfo Rosas, PE
Acting Executive Director
Public Works Agency
BUYER
By:
Name:
Title:
Exhibits:
Exhibit “A” – Legal Description of the Property
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Exhibit “B” – Form of Grant Deed
Exhibit “C” – Concrete Block Wall and Landscaping Specifications Exhibit “D” – Escrow General Provisions
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CITY OF SANTA ANA
RIGHT OF ENTRY
[Property Address]
The City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, does hereby grant to NAME OF GRANTEE (“Grantee”), the right to enter the parcel described as PARCEL X adjacent to ADDRESS, Santa Ana, County of Orange, as more particularly shown in Exhibit A, attached hereto and incorporated herein by reference (“Property”), for the following purposes:
The right to enter and use the Property for the purpose of conducting site investigations Grantee agrees to indemnify, defend, and hold harmless City, its officers, agents, representatives, employees, and volunteers from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Grantee’s use of the Property or the entry by any Grantee party on the Property, including without limitation, Grantee’s guests and invitees. Grantee further agrees to repair any damage to the Property caused by the exercise of this Right of Entry at its sole cost and expense and to restore said property to the state in which it existed prior to its use.
Grantee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of its use of the Property, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following:
single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions.
The rights herein granted to Grantee are exclusive, and Grantee agrees not to assign, transfer, lease, pledge, or otherwise dispose of this Right of Entry without the prior express written approval of the City. This instrument conveys no right of entry to existing buildings, if any.
This Right of Entry shall expire on DATE, unless otherwise terminated earlier or extended by written agreement between the parties.
THE CITY OF SANTA ANA
A charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California.
BY: __________________________________
Alvaro Nunez
EXHIBIT III
SAMPLE RIGHT OF ENTRY
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City Manager
Date:_____________
NAME OF GRANTEE
By:_______________________________________
Date:_____________
APPROVED AS TO FORM:
__________________________
Kyle Nellesen
Assistant City Attorney
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CITY OF SANTA ANA
EXHIBIT IV
PROJECT LOCATION EXHIBITS
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PARCEL C1
COMMERCIAL 18,945 SF
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PARCEL C2
COMMERCIAL 16,158 SF
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PARCEL TZC1
TRANSIT ZONING CODE SD84 -
CORRIDOR (MIXED USE) 25,139 SF
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PARCEL P2
PROFESSIONAL OFFICE 36,504 SF
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PARCEL R1
RESIDENTIAL 7,188 SF
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PARCEL R2
RESIDENTIAL 6,861 SF
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PARCEL R3
RESIDENTIAL 6,825 SF
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PARCEL R27
RESIDENTIAL 5,744 SF
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PARCEL R28
RESIDENTIAL 5,738 SF
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CITY OF SANTA ANA
Each row must be completed with either a bid amount or a ✓ indicating no bid is placed for that property. Print and Sign name below. For each property in which a bid amount is extended, all submittal requirements apply.
PARCEL
ID ZONING LOT SIZE (SQ. FT)
APPRAISED
AMOUNT (USD $)*
QUALIFYING BID
AMOUNT** (USD $)
NO BID
(✓)
C1 Commercial 18,945 $1,137,000.00 $
C2 Commercial 16,158 $954,000.00 $
TZC1 Transit Zoning Code SD84
– Corridor (Mixed Use) 25,139 $1,600,000.00 $
P2 Professional Office 36,504 $2,200,000.00 $
R1 Residential 7,188 $417,000.00 $
R2 Residential 6,861 $398,000.00 $
R3 Residential 6,825 $396,000.00 $
R27 Residential 5,744 $334,000.00 $
R28 Residential 5,738 $333,000.00 $
*The “Appraised Amount” is an estimate of the market value per an appraisal report prepared by a California licensed appraiser in 2026. It is the intent of these transactions that the City obtains current fair market value for each property.
** The Qualifying Bid Amount is equal to at least 70% of the Appraised amount for each Parcel ID.
Name of Firm
Name of BIDDER
Signature of BIDDER
Title
(If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.)
EXHIBIT V
PROPERTY BID FORM
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EXHIBIT 3
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FY 26/27 FY 29/30 FY 30/31 FY 31/32
- - - -
312,750 - - -
312,750 - - -
FY 26/27 FY 29/30 FY 30/31 FY 31/32
312,750 - - -
- - - -
312,750 - - -
AGENCY: DIVISION: CONTACT: DATE:
Public Works CIP Engineering Jason Gabriel, Principal Civil Engineer 21-Sep-2026
TOTAL - - -
- - -
OTHER - - -
SOURCE OF FUNDS FY 27/28 FY 28/29 FY 32/33
TOTAL - - -
PROJECT COSTS FY 27/28 FY 28/29 FY 32/33
Construction - - -
Engineering - - -
CITY OF SANTA ANA FY 26/27CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
PROJECT DESCRIPTION:
The Bristol Street Improvements project was planned and designed to incorporate complete street concepts with storm drain quality features. The improvements include widening of the street from four lanes to six lanes, with bus turnouts, raised median, bike lanes, and sound walls. The project also brings native and organic landscaping that beautifies a fully developed urban area.
PROJECT NEED:
Bristol Street from Civic Center to Washington (Phase 3A) is part of the City's plan to widen Bristol Street from Warner Avenue to Memory Lane, which was approved by City Council in 1990 and reevaluated in 2015. Existing roadway has only 2 lanes in each direction and is operating at a LOS F. This widening is needed to improve traffic flow and create complete streets features.
PROJECT TITLE:
Bristol St Impr & Widening: Ph 3A - Civic
Ctr - Washington
PROJECT CATEGORY:
Street Improvements
Street/Bridge Improvements & Widening
LOCATION MAP
Exhibit 4
City Council 19 – 80 10/6/2026
Public Works Agency
www.santa-ana.gov/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 6, 2026
TOPIC: Agreement for the El Salvador Park Sports Lighting Project
AGENDA TITLE
Agreement with Musco Sports Lighting, LLC to provide LED Sports Lighting at El Salvador Park (No. 27-2601) (Non-General Fund)
RECOMMENDED ACTION
1. Approve an appropriation adjustment recognizing $295,238 of spendable fund balance in the Acquisition & Development Fund-District 1, Prior Year Carryforward revenue account and appropriate the same amount into the Residential Development District 1, Improvements Other Than Building expenditure account. (Requires five affirmative votes)
2. Approve an amendment to the Fiscal Year 2026-2027 Capital Improvement Program to include an additional $754,119 for the Sports Lighting at El Salvador Park (No. 27- 2601).
3. Authorize the City Manager to execute an agreement to Musco Sports Lighting, LLC to provide LED sports lighting at El Salvador Park, in the base bid amount of $708,883 and an amount of $45,236 for unanticipated or unforeseen work, for a total estimated project delivery cost of $754,119, beginning October 6, 2026 and expiring June 17, 2027 (Agreement No. A-2026-XXX).
4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2026-061 will be filed for Project No. 27-2601.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
The Public Works Agency, Parks, Fleet, and Facilities Division (PWA) oversees the maintenance and improvements of all City parks. El Salvador Park operates as a multifunctional open space for local sports and citywide events. The eight-acre park includes various amenities, such as picnic areas, basketball courts, and multipurpose fields and playground for youth.
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Agreement for the El Salvador Park Sports Lighting Project October 6, 2026