Santa Ana City Council
October 20, 2026

set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to a four (4), one-year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below.

4. PREVAILING WAGE
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed are part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless form any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in City Council 14 – 9 10/20/2026

any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

7. INSURANCE
Insurance requirements are attached hereto as Exhibit C. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

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

10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created City Council 14 – 10 10/20/2026

pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

12. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description City Council 14 – 11 10/20/2026

of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

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

16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of City Council 14 – 12 10/20/2026

termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

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

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

To City:

City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
City Council 14 – 13 10/20/2026

P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714- 647-6956
With courtesy copies to:

Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
To Consultant:

End Result Services, LLC
Attn: Cruz Magee, Managing Member
23382 Madero Road, Suite E
Mission Viejo, CA 92691
A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded.

21. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

City Council 14 – 14 10/20/2026

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

ATTEST: CITY OF SANTA ANA
Jennifer L. Hall Alvaro Nuñez
City Clerk City Manager
APPROVED AS TO FORM:

SONIA R. CARVALHO CONSULTANT:

City Attorney
By:

Kyle Nellesen
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Rodolfo Rosas, P E
Acting Executive Director
Public Works Agency
Cruz Magee
Managing Member
City Council 14 – 15 10/20/2026

EXHIBIT A
City Council 14 – 16 10/20/2026
City Council 14 – 17 10/20/2026
City Council 14 – 18 10/20/2026
City Council 14 – 19 10/20/2026
City Council 14 – 20 10/20/2026
City Council 14 – 21 10/20/2026
City Council 14 – 22 10/20/2026
City Council 14 – 23 10/20/2026
City Council 14 – 24 10/20/2026
City Council 14 – 25 10/20/2026
City Council 14 – 26 10/20/2026

EXHIBIT B
City Council 14 – 27 10/20/2026
This is the City’s desired minimum maintenance schedule and will serve as a template for cost comparison during evaluation. It will also serve as a guide for the City to ensure fair pricing on quotations after contract award. The City’s desired personnel is a minimum two (2) technicians, as one (1) will be responsible for traffic control while work is performed. The City will work with the selected Contractor(s) to increase/decrease maintenance frequency and add/remove areas that best serve the City’s needs during the term of the contract. The sample fee schedule is not a guaranteed of maintenance work to the awarded Contractor(s).

Furthermore, Contractors may submit their own fee schedule for additional labor, material and equipment rates as a separate cost proposal if applicable. Optional additional cost proposal will not be scored during evaluation. Cost will be evaluated based on the total of lines A1 – A17 and B1 – B25.

Pricing must be inclusive of all equipment, labor, materials, tools, supervision, and transportation. This contract is subject to prevailing wages.

CIVIC CENTER CAMPUS UNIT
COST
ANNUAL
COST
Power Washing, Pressure Washing, and Steam Cleaning
A1 Orange County Central Courthouse grounds shall be cleaned one (1) time per week. $ $
A2 Orange County Hall of Administration North and South entrances, patios, and grounds shall be cleaned one (1) time per week. $ $ A3 City Hall/Council Chambers entrances, grounds and patios shall be cleaned (1) time per week. $ $
A4
Santa Ana Main Library grounds and patios shall be cleaned (1) time per week. Library’s Play Structure and ground cleaned (1) time per month and deep cleaned (1) time per year.
$ $
A5 Santa Ana Main Library Play Structure and ground shall be cleaned (1) time per month. $ $
A6 Santa Ana Main Library Play Structure and ground shall be deep cleaned (1) time per year. $ $
A7 Civic Center Authority Central Mall East and West of Ross Street shall be cleaned two (2) times per week. $ $
A8
The public sidewalk (south side) that runs along Civic Center Drive from Boyd Way (to the west) to Ross Street (to the east) shall be cleaned two (2) times per month.
$ $
A9
The public sidewalk (north side) that runs along Santa Ana Blvd from Ross Street (to the west) to Broadway (to the east) shall be cleaned two (2) times per month.
$ $
A10
Santa Ana Police Department and Jail grounds and entrances, Orange County Sheriff's Headquarters and Intake Release Center entrances shall be cleaned two (2) times per month.
$ $
EXHIBIT 1
RFP 27-005 Exterior Maintenance Services
Best and Final Offer
389.35
701.88
279.63
718.35
375.00
1500
326.71
718.33
653.46
426.92
20,246
36,498
14541
37354
4,500
1500
15,683
10,246
74,706
7841
Santa Ana Main Library grounds and patios shall be cleaned (1) time per week. Library’s Play Structure and ground cleaned (1) time per month and deep cleaned (1) time per year.
more, Contractors may submit their own fee schedule for additional labor, material and equipment Optional additional cost proposal will not be scored during A17 and B1 – B25.
tools, supervision,
, Pressure Washing, and Steam Cleaning
Orange County Central Courthouse grounds shall be cleaned one (1) Orange County Hall of Administration North and South entrances, patios, and grounds shall be cleaned one (1) time per week.

City Hall/Council Chambers entrances, grounds and patios shall be cleaned (1) time per week.

Santa Ana Main Library Play Structure and ground shall be cleaned time per month.

City Council 14 – 28 10/20/2026
A11
Plaza of the Flags shall be cleaned one (1) per month, which includes removing and cleaning of petroleum product that seeps up on the plaza surface.
$ $
A12
Plaza of the Sun shall be cleaned one (1) per month, which includes removing and cleaning of petroleum product that seeps up on the plaza surface.
$ $
A13
Plaza of the Fountains shall be cleaned one (1) per month, which includes removing and cleaning of petroleum product that seeps up on the plaza surface.
$ $
A14
Sasscer Park grounds (from Santa Ana Blvd to the west and Ross Street to the east) shall be cleaned twice (2) per month. This area requires OCTA training.
$ $
A15 Orange County Civil Courthouse grounds shall be cleaned (1) time per month. $ $
A16
All other Civic Center public right-of-ways, grounds, patios, building entrance (up to the building line) shall be cleaned one (1) time per quarter (every three (3) months).
$ $
A17
Santa Ana Stadium shall be cleaned (1) time per month.
a) Interior, inside of fencing: public right-of-ways, parking area, all hard surfaces around locker room building, and bleachers b) Exterior, outside of fencing: sidewalks and public right-of-ways $ $
TOTAL (LINES A1 – A17) $

SANTA ANA REGIONAL TRANSPORTATION CENTER UNIT
COST
ANNUAL
COST
Sweeping
B1 Outside lot #1 shall be swept (2) times per week. $ $ B2 Outside lot #2 shall be swept (2) times per week. $ $ B3 Parking structure shall be swept (2) times per week. $ $ B4 Roadways shall be swept (2) times per week. $ $
Power Washing, Pressure Washing, and Steam Cleaning
B5 Four levels of parking structure (all floors, ceiling, ledges, landings, walls, and pipes) shall be cleaned (1) time per year. $ $ B6 Pedestrian bridge over tracks shall be cleaned (1) time per year. $ $ B7 Walkway from main entrance to Sant Ana Blvd shall be cleaned (2) times per year. $ $
B8 Concrete drive area from fountain to flags shall be cleaned (2) times per year. $ $
B9 North esplanade shall be cleaned (2) times per year. $ $ B10 East esplanade shall be cleaned (2) times per year. $ $ B11
Northbound platform* shall be cleaned (2) times per year. This area requires SCRRA training and flagging services. B11 and B12 can be scheduled for service at the same time.
$ $
5,346.42
902.92
2,302.67
285.13
570.25
2139.25
3900
394,782
64,157
10,835
27,632
6843
6843
8557
46,800
215
160
325
200
22,360
16640
33800
20800
6235
2088
2088
2760
2760
4325
2760
6235
2088
5520
5520
8650
5520
4176

SANTA ANA REGIONAL TRANSPORTATION CENTER
, parking area, all
hard surfaces around locker room building, and bleachers outside of fencing: sidewalks and public right-of
TOTAL (LINES A1
shall be swept (2) times per week.
shall be swept (2) times per week.
shall be swept (2) times per week.
shall be swept (2) times per week.
, Pressure Washing, and Steam Cleaning
Four levels of parking structure (all floors, ceiling, ledges, landings, City Council 14 – 29 10/20/2026
B12
Southbound platform shall be cleaned (2) times per year. This area requires SCRRA training and flagging services. B11 and B12 can be scheduled for service at the same time.
$ $
B13 Parking Structure - North & South stairways and elevator landing areas shall be cleaned (4) times per year. $ $
B14 Parking structure - 1st floor West entrance area leading to Greyhound area shall be cleaned (4) times per year. $ $ B15 Courtyard stairway and landing area to 2nd level shall be cleaned (4) times per year. $ $
B16 Walkways from courtyard to South driveway and trash area shall be cleaned (4) times per year. $ $
B17 Removeding services.

B18 East and West pedestrian bridge stairs and landing areas shall be cleaned (4) times per year. $ $
B19
Four entry archways (interiors and exteriors walls) shall be cleaned (4) times per year.
a) Santa Ana Blvd next to the tracks,
b) Santa Ana Blvd main entrance,
c) Santiago Street main entrance,
d) Near bus bay #1
$ $
B20 Bus bays #1 - #10 shall be cleaned (1) time per month. $ $ B21 Main entrance (fountain area) shall be cleaned (1) time per month. $ $ B22 Courtyard shall be cleaned (1) time per month. $ $
B23 South esplanade shall be cleaned (1) time per month. $ $ B24 West esplanade shall be cleaned (1) time per month. $ $ B25 Second floor exterior patio shall be cleaned (1) time per year. $ $ TOTAL (LINES B1 – B25) $
*There are no water hookups located on or near the North platform.

ON-CALL SERVICE REQUESTS UOM QTY TOTAL
C1 Hourly Rate HR 1 $
C2 OT Hourly Rate HR 1 $
C3 Saturday OT Hourly Rate HR 1 $
C4 Sunday and Holiday OT Hourly Rate HR 1 $
C5 Trip Fee/Truck Charge EA 1 $
4325
652.50
391.50
391.50
391.50
8650
2610
1566
1566
1566
522
652.50
391.50
261
174
217.50
217.58
650
2,088
2610
4698
3132
2088
2610
2611
650
167,754
150
200
200
250
250
Four entry archways (interiors and exteriors walls) shall be cleaned #10 shall be cleaned (1) time per month.

Main entrance (fountain area) shall be cleaned (1) time per month. shall be cleaned (1) time per month.

South esplanade shall be cleaned (1) time per month.

West esplanade shall be cleaned (1) time per month.

Second floor exterior patio shall be cleaned (1) time per year. no water hookups located on or near the North platform.

CALL SERVICE REQUESTS
City Council 14 – 30 10/20/2026

EXHIBIT C
City Council 14 – 31 10/20/2026
Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.

Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees.

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

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

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

2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City.

3. All required insurance policies: For any claims related to this contract, Contractor’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has City Council 14 – 32 10/20/2026
been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Erendida Reyes, 20 Civic Center Plaza, M-92, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate.

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

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

Verification of Coverage
Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

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

Subcontractors
Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors.

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

City Council 14 – 33 10/20/2026
City Council 14 – 34 10/20/2026
Police Department
www.santa-ana.gov/pd
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: Psychological Evaluation and Counseling Services

AGENDA TITLE
Agreements with Bellator Psychological and Consultants Corporation; Eric Gruver, Ph.D.; Nancy K. Bohl Inc. dba The Counseling Team International; Psychological Consulting Associates, Inc. dba First Responder Psychological Services; and Susan Saxe-Clifford, Ph.D. for On-Call Psychological Evaluation and Counseling Services (Specification No. 26-088) (General Fund)

RECOMMENDED ACTION
Authorize the City Manager to execute agreements with the consultants listed below to provide psychological evaluation and counseling services on an as-needed basis for a shared annual amount of $75,000, for a term beginning October 20, 2026 and expiring on October 19, 2027, with provisions for two, one-year renewal options, in a total aggregate amount not to exceed $225,000 (Core Agreement No. A-2026-XXX).

Vendor Location
Bellator Psychological and Consultants Corporation Mission Viejo, CA Eric Gruver, Ph.D. Santa Ana, CA
Nancy K. Bohl, Inc.
dba The Counseling Team International San Bernardino, CA Psychological Consulting Associates, Inc.
dba First Responder Psychological Services Los Angeles, CA Susan Saxe-Clifford, Ph.D. Encino, CA
GOVERNMENT CODE §84308 APPLIES: Yes

DISCUSSION
The Santa Ana Police Department utilizes contract psychologists to provide preemployment screenings, employee support and counseling, critical incident counseling, training, and SWAT consultation. The Department currently has agreements with several providers that expired on September 30, 2026 or October 20, 2026.

City Council 15 – 1 10/20/2026
Psychological Evaluation and Counseling Services
October 20, 2026

Request for Proposals (RFP) No. 26-088 was issued on July 1, 2026 on the City’s online bid management and publication system. A summary of vendor participation and results is as follows:
283 Vendors Notified
42 Santa Ana vendors notified
29 Vendors downloaded the RFP packet
5 Responsive proposals received
1 Responsive proposal received from Santa Ana vendor
Proposals were solicited, opened on July 28, 2026, and evaluated. Five proposals were submitted by the RFP deadline and were determined to be responsive to the specifications and met the City’s requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP.

Staff recommends awarding agreements to Bellator Psychological and Consultants Corporation; Eric Gruver, Ph.D.; Nancy K. Bohl, Inc. dba The Counseling Team International; Psychological Consulting Associates, Inc. dba First Responder Psychological Services; and Susan Saxe-Clifford, Ph.D. (Exhibits 1-5). All five consultants will provide services in the form of pre-employment screenings, critical incident counseling, fitness for duty evaluations, and court testimony. The only exception will be the exclusion of fitness for duty evaluations and court testimony from The Counseling Team International’s agreement.

Work will be assigned to the consultants on a rotational basis, based on availability, their responsiveness, and quality of services provided. The total payments to each vendor will be based on actual usage of services not to exceed an aggregate annual amount of $75,000, and $225,000 if both one-year renewal options are exercised.

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

FISCAL IMPACT
Funding is available in the current FY 2026-27 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration for estimated expenditure as follows:

Fiscal
Year
Accounting Unit -
Account No.

Fund
Description
Accounting Unit, Account
Description Amount
FY 26-27 01114402-62300 General Fund
PD Human Resources,
Contract ServicesProfessional$ 56,250
City Council 15 – 2 10/20/2026
Psychological Evaluation and Counseling Services
October 20, 2026

FY 27-28 01114402-62300 General Fund
PD Human Resources,
Contract ServicesProfessional$ 75,000
FY 28-29 01114402-62300 General Fund
PD Human Resources,
Contract ServicesProfessional$ 75,000
FY 29-30 01114402-62300 General Fund
PD Human Resources,
Contract ServicesProfessional$ 18,750
Total $225,000

EXHIBIT(S)

1. Agreement with Bellator Psychological and Consultants Corp.

2. Agreement with Eric Gruver, Ph.D.

3. Agreement with Nancy K. Bohl, Inc.

4. Agreement with Psychological Consulting Associates, Inc.

5. Agreement with Susan Saxe-Clifford, Ph.D.

Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 15 – 3 10/20/2026

#2233544v1

AGREEMENT WITH BELLATOR PSYCHOLOGICAL AND CONSTULTANTS

CORPORATION TO PROVIDE

ON-CALL PSYCHOLOGICAL EVALUATION AND COUNSELING SERVICES THIS AGREEMENT is made and entered into on this 20TH day of October, 2026 by and between Bellator Psychological and Consultants Corporation, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On July 1, 2026, the City issued Request for Proposals No. 26-088, by which it sought Consultants to provide on-call psychological evaluation and counseling services on behalf of the City of Santa Ana’s Police Department.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-088 and attached as Exhibit A.

Consultant’s proposal shall be incorporated by reference as though fully attached here to this Agreement.

C. Consultant was selected as one of five (5) vendors which qualified for this engagement.

Only those consultants approved by the City Council on October 20, 2026 shall be eligible to be engaged by the City for these services.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation and counseling services described and set forth in Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) consultants selected under RFP 26-088. The annual compensation for these services provided by EXHIBIT 1
City Council 15 – 4 10/20/2026

#2233544v1
all such consultants selected under RFP 26-088 shall not exceed the shared aggregate amount of Seventy-Five Thousand Dollars ($75,000) during the term of the Agreement.

The total amount to be expended during the term of this agreement, including any extension periods exercised per Section 3, below, shall not exceed $225,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to City Council 15 – 5 10/20/2026

#2233544v1
Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

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

City may make all reasonable decisions with respect to its representation in any legal proceeding.

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

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

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and City Council 15 – 6 10/20/2026

#2233544v1
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make City Council 15 – 7 10/20/2026

#2233544v1
full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of City Council 15 – 8 10/20/2026

#2233544v1
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

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

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

City Council 15 – 9 10/20/2026

#2233544v1
To City:

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

Chief of Police
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
To Consultant:

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Bellator Psychological and Consultants Corporation
Attn: George Dabdoud, Psy.D.
23361 Madero, Suite 210
Mission Viejo CA 92691
City Council 15 – 10 10/20/2026
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:

Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By:a.r~-
Bra ~lvatierra
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
#2233544vl

CITY OF SANTA ANA
Alvaro Nunez
City Manager

CONSULTANT
By: George Dabdoub
Title: Psychologist I CEO

City Council 15 – 11 10/20/2026
#2233544v1

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 12 10/20/2026

CITY OF SANTA ANA

SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced vendor to provide preemployment psychological evaluation services, crisis counseling services, and peer support training for Police Department Applicants and Police Department staff. Specific responsibilities include, but are not limited to:

A. Complete Pre-Employment Psychological Evaluations
Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations.

Evaluator CPE Requirement:
(A) Effective July 1, 2019, all evaluators must complete the POST-developed Peace Officer Psychological Screening Manual on-line exam prior to conducting preemployment psychological screening.
(B) Effective September 1, 2014, evaluators must complete 12 hours of POST approved CPE every two-year renewal cycle.

Verification of Course Completion:

To verify compliance, the evaluator must submit a psychological evaluator profile request to POST via the electronic CPE Tracking System and provide verification of course completion.

Perform a complete pre-employment psychological evaluation for all of the City’s Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer’s Standards and Training (POST), Psychological Screening Manual , as well as any additional psychological suitability criteria specified by the City’s Police Department.

A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment
Consultant shall:

1. Provide the City’s Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre- scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. .

Respondent to identify location of their services provided. In person services are preferred.

2. Provide the City’s Police Department Human Resources (HR) Team with verbal

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 13 10/20/2026

CITY OF SANTA ANA
recommendation of the candidate’s psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate’s clinical interview.

3. Provide the City’s Police Department HR Team with a written report of the candidate’s psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate’s clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.

B. Complete Post-Traumatic Psychological Incident Evaluation Provide City’s Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.

A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.

Consultant shall provide:

1. Initial psychological service contact comprised of an initial counseling assessment involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident as reported by the officers(s) supervisor or manager.

2. A verbal recommendation to the City’s Police Department HR Team for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.

3. A maximum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant’s office location, unless otherwise agreed by involved officer(s).

4. One (1) follow-up session, following the initial counseling assessment session, within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City’s Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City’s Police Department upon completion of such follow-up counseling session(s).

5. A written psychological assessment to the City’s Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session(s).

6. At the direction and with consent of City’s Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) City Council 15 – 14 10/20/2026

CITY OF SANTA ANA
adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City’s Police Department Chief or his designee is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.

C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee’s psychological fitness for duty, when so directed by the City.

Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.

Consultant shall:

1. Outline all psychological concerns resulting from that review and submit to City’s Police Department a recommendation concerning further testing and/or evaluation which may be deemed appropriate.

2. Provide City’s Police Department HR Team with verbal notification as to the above within forty-eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.

Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.

D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City’s Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of said employee’s classification.

Consultant shall:

1. Obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling of City’s Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling.

2. These sessions are to be conducted in person.

E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:

City Council 15 – 15 10/20/2026

CITY OF SANTA ANA

1. Conduct routine group debriefings with units that are regularly exposed to high levels of stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group’s ongoing well-being.
• Frequency of meetings to be determined by division managers

2. Hold a post-critical incident group meeting ahead of a potential formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employees’ end of watch.

3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.

F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.

Consultant shall:

1. Consult with the Department’s management regarding psychological profiles and recommended approach to addressing specific suspects.

2. Assist in interpreting intelligence data in reference to criminal incidents and/or suspect.

G. Psychological Training Services
Provide City’s Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:

1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training as requested by division managers.

City Council 15 – 16 10/20/2026
#2233544v1

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 15 – 17 10/20/2026

2. Cost Proposal
All Proposers are required to submit a cost for pre-employment services, cost for initial critical response, an hourly rate for services beyond the initial response, cost for debriefing sessions, cost for training sessions and hourly on-call rates for additional as needed 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.

Pricing shall remain firm for the entire initial Agreement term. Thereafter, any proposed pricing adjustment for follow-on renewal periods shall be submitted to the City Representative in writing at least ninety (90) days prior to the new Agreement term. The City reserves the right to accept, reject, or negotiate any proposed pricing adjustment not to exceed the Bureau of Labor Statistics Consumer Price Index (CPI) data as follows: Los Angeles-Long Beach-Anaheim, CA; All Urban Consumers; Not Seasonally Adjusted; annualized change comparing the most recent month’s reported data to the same month of the prior year. (This information may be found on the U.S.

Department of Labor’s website at www.bls.gov.)
Costs
Pre-Employment Psychological Evaluations $400 per evaluation Fitness for Duty Evaluations $350 hour
CCW Psychological Evaluations $400 per applicant, Applicant pays fee City Council 15 – 18 10/20/2026
Critical Incident Debriefing (Initial) Critical
Incident Debriefing (F/U)
$300 / hour
$250 / hour
Training/Consulting $200 / hour
Treatment (Individual) $225 / hour
Treatment (Group) $120 / hour
Court Depositions / Testimony $350 / hour

3. Certifications/Attachments
In addition to the SOQ and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package:
• ATTACHMENT A: PROPOSER’S CERTIFICATION
• ATTACHMENT B: REFERENCES
• ATTACHMENT C: DEBARMENT QUESTIONNAIRE
• ATTACHMENT D: NON-LOBBYING CERTIFICATION
• ATTACHMENT E: NON-DISCRIMINATION CERTIFICATION
• ATTACHMENT F: NON-COLLUSION AFFIDAVIT
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.

City Council 15 – 19 10/20/2026
#2233544v1

EXHIBIT C

INSURANCE REQUIREMENTS
City Council 15 – 20 10/20/2026
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
• Professional Liability (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

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

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

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

2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.

3. All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately City Council 15 – 21 10/20/2026
to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

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

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

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

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

Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.

City Council 15 – 22 10/20/2026
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City Council 15 – 23 10/20/2026

#2231337v1
AGREEMENT WITH ERIC GRUVER, Ph.D TO PROVIDE

ON-CALL PSYCHOLOGICAL EVALUATION AND COUNSELING SERVICES THIS AGREEMENT is made and entered into on this 20TH day of October, 2026 by and between Eric Gruver, Ph.D. (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On July 1, 2026, the City issued Request for Proposals No. 26-088, by which it sought Consultants to provide on-call psychological evaluation and counseling services on behalf of the City of Santa Ana’s Police Department.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-088 and attached as Exhibit A.

Consultant’s proposal shall be incorporated by reference as though fully attached here to this Agreement.

C. Consultant was selected as one of five (5) vendors which qualified for this engagement.

Only those consultants approved by the City Council on October 20, 2026 shall be eligible to be engaged by the City for these services.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation and counseling services described and set forth in Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) consultants selected under RFP 26-088. The annual compensation for these services provided by all such consultants selected under RFP 26-088 shall not exceed the shared aggregate EXHIBIT 2
City Council 15 – 24 10/20/2026

#2231337v1
amount of Seventy-Five Thousand Dollars ($75,000) during the term of the Agreement.

The total amount to be expended during the term of this agreement, including any extension periods exercised per Section 3, below, shall not exceed $225,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in City Council 15 – 25 10/20/2026

#2231337v1
any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

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

City may make all reasonable decisions with respect to its representation in any legal proceeding.

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

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

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to City Council 15 – 26 10/20/2026

#2231337v1
examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, City Council 15 – 27 10/20/2026

#2231337v1
but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant City Council 15 – 28 10/20/2026

#2231337v1
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

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

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

City Council 15 – 29 10/20/2026

#2231337v1
To City:

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

Chief of Police
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
To Consultant:

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Eric Gruver, Ph. D.
2021 E. 4th Street
Suite 116
Santa Ana, CA 92705
City Council 15 – 30 10/20/2026

04.10.2026 13138 Dr. GRWER 19498547004 #7593 P 9/20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:

Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARY ALHO
City Attorney
By: .,...--:,;,....:z-a:-:.::::;;__~..c:;..---
Bmn on Salvatierra
Assistant City Attorney
RECOMMENDED FOR AP PROV AL:

Robert Rodriguez
Chief of Police
#2231337vl

CITY OF SANTA ANA
Alvaro Nuflez
City Manager

CONSULTANT

City Council 15 – 31 10/20/2026
#2231337v1

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 32 10/20/2026

CITY OF SANTA ANA

SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced vendor to provide preemployment psychological evaluation services, crisis counseling services, and peer support training for Police Department Applicants and Police Department staff. Specific responsibilities include, but are not limited to:

A. Complete Pre-Employment Psychological Evaluations
Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations.

Evaluator CPE Requirement:
(A) Effective July 1, 2019, all evaluators must complete the POST-developed Peace Officer Psychological Screening Manual on-line exam prior to conducting preemployment psychological screening.
(B) Effective September 1, 2014, evaluators must complete 12 hours of POST approved CPE every two-year renewal cycle.

Verification of Course Completion:

To verify compliance, the evaluator must submit a psychological evaluator profile request to POST via the electronic CPE Tracking System and provide verification of course completion.

Perform a complete pre-employment psychological evaluation for all of the City’s Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer’s Standards and Training (POST), Psychological Screening Manual , as well as any additional psychological suitability criteria specified by the City’s Police Department.

A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment
Consultant shall:

1. Provide the City’s Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre- scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. .

Respondent to identify location of their services provided. In person services are preferred.

2. Provide the City’s Police Department Human Resources (HR) Team with verbal

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 33 10/20/2026

CITY OF SANTA ANA
recommendation of the candidate’s psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate’s clinical interview.

3. Provide the City’s Police Department HR Team with a written report of the candidate’s psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate’s clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.

B. Complete Post-Traumatic Psychological Incident Evaluation Provide City’s Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.

A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.

Consultant shall provide:

1. Initial psychological service contact comprised of an initial counseling assessment involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident as reported by the officers(s) supervisor or manager.

2. A verbal recommendation to the City’s Police Department HR Team for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.

3. A maximum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant’s office location, unless otherwise agreed by involved officer(s).

4. One (1) follow-up session, following the initial counseling assessment session, within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City’s Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City’s Police Department upon completion of such follow-up counseling session(s).

5. A written psychological assessment to the City’s Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session(s).

6. At the direction and with consent of City’s Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) City Council 15 – 34 10/20/2026

CITY OF SANTA ANA
adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City’s Police Department Chief or his designee is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.

C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee’s psychological fitness for duty, when so directed by the City.

Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.

Consultant shall:

1. Outline all psychological concerns resulting from that review and submit to City’s Police Department a recommendation concerning further testing and/or evaluation which may be deemed appropriate.

2. Provide City’s Police Department HR Team with verbal notification as to the above within forty-eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.

Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.

D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City’s Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of said employee’s classification.

Consultant shall:

1. Obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling of City’s Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling.

2. These sessions are to be conducted in person.

E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:

City Council 15 – 35 10/20/2026

CITY OF SANTA ANA

1. Conduct routine group debriefings with units that are regularly exposed to high levels of stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group’s ongoing well-being.
• Frequency of meetings to be determined by division managers

2. Hold a post-critical incident group meeting ahead of a potential formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employees’ end of watch.

3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.

F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.

Consultant shall:

1. Consult with the Department’s management regarding psychological profiles and recommended approach to addressing specific suspects.

2. Assist in interpreting intelligence data in reference to criminal incidents and/or suspect.

G. Psychological Training Services
Provide City’s Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:

1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training as requested by division managers.

City Council 15 – 36 10/20/2026
#2231337v1

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 15 – 37 10/20/2026
Service
A. Pre-employment psychological evaluations
B. Complete Post-Traumatic Psychological Incident
Evaluation
C Fitness for Duty
D. Crisis Intervention Counseling
E. Critical Incident Stress Management
F. Consultation Services
G. Psychological Training Services
H. Testimony in court and court preparation
Pricing
$465 per applicant
$225 per hour
$225 per hour
$225 per hour
$225 per hour
$225 per hour
$225 per hour
$275 per hour
Exhibit B - Costs Proposal
City Council 15 – 38 10/20/2026
#2231337v1

EXHIBIT C

INSURANCE REQUIREMENTS
City Council 15 – 39 10/20/2026
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
• Professional Liability (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

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

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

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

2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.

3. All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately City Council 15 – 40 10/20/2026
to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

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

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

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

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

Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.

City Council 15 – 41 10/20/2026
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City Council 15 – 42 10/20/2026

#2233585v1
AGREEMENT WITH NANCY K. BOHL, INC. DBA THE COUNSELING TEAM

INTERNATIONAL TO PROVIDE ON-CALL PSYCHOLOGICAL

EVALUATION AND COUNSELING SERVICES
THIS AGREEMENT is made and entered into on this 20TH day of October, 2026 by and between Nancy K. Bohl, Inc. dba The Counseling Team International, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On July 1, 2026, the City issued Request for Proposals No. 26-088, by which it sought Consultants to provide on-call psychological evaluation and counseling services on behalf of the City of Santa Ana’s Police Department.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-088 and attached as Exhibit A.

Consultant’s proposal shall be incorporated by reference as though fully attached here to this Agreement.

C. Consultant was selected as one of five (5) vendors which qualified for this engagement.

Only those consultants approved by the City Council on October 20, 2026 shall be eligible to be engaged by the City for these services.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation and counseling services described and set forth in Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) consultants selected under RFP 26-088. The annual compensation for these services provided by EXHIBIT 3
City Council 15 – 43 10/20/2026

#2233585v1
all such consultants selected under RFP 26-088 shall not exceed the shared aggregate amount of Seventy-Five Thousand Dollars ($75,000) during the term of the Agreement.

The total amount to be expended during the term of this agreement, including any extension periods exercised per Section 3, below, shall not exceed $225,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to City Council 15 – 44 10/20/2026

#2233585v1
Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

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

City may make all reasonable decisions with respect to its representation in any legal proceeding.

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

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

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and City Council 15 – 45 10/20/2026

#2233585v1
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make City Council 15 – 46 10/20/2026

#2233585v1
full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of City Council 15 – 47 10/20/2026

#2233585v1
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

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

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

City Council 15 – 48 10/20/2026

#2233585v1
To City:

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

Chief of Police
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
To Consultant:

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Nancy K. Bohl, Inc.
(dba The Counseling Team International)
1881 Business Center Dr.

San Bernardino, Ca 92406
City Council 15 – 49 10/20/2026
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

ATTEST:

Jennifer L. Hall
City Clerk
APPROVED AS TO FORM:

SONIA R. CARVALHO
City Attorney
By~~
Br ~alvatierra
Assistant City Attorney
RECOMMENDED FOR APPROVAL:

Q_
#2233585vl

CITY OF SANTA ANA
Alvaro Nufiez
City Manager

CONSULTANT
Title: CFO/Director of Operations

City Council 15 – 50 10/20/2026
#2233585v1

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 51 10/20/2026

CITY OF SANTA ANA

SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced vendor to provide preemployment psychological evaluation services, crisis counseling services, and peer support training for Police Department Applicants and Police Department staff. Specific responsibilities include, but are not limited to:

A. Complete Pre-Employment Psychological Evaluations
Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations.

Evaluator CPE Requirement:
(A) Effective July 1, 2019, all evaluators must complete the POST-developed Peace Officer Psychological Screening Manual on-line exam prior to conducting preemployment psychological screening.
(B) Effective September 1, 2014, evaluators must complete 12 hours of POST approved CPE every two-year renewal cycle.

Verification of Course Completion:

To verify compliance, the evaluator must submit a psychological evaluator profile request to POST via the electronic CPE Tracking System and provide verification of course completion.

Perform a complete pre-employment psychological evaluation for all of the City’s Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer’s Standards and Training (POST), Psychological Screening Manual , as well as any additional psychological suitability criteria specified by the City’s Police Department.

A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment
Consultant shall:

1. Provide the City’s Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre- scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. .

Respondent to identify location of their services provided. In person services are preferred.

2. Provide the City’s Police Department Human Resources (HR) Team with verbal EXHIBIT 

SCOPE OF SERVICES
City Council 15 – 52 10/20/2026

CITY OF SANTA ANA
recommendation of the candidate’s psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate’s clinical interview.

3. Provide the City’s Police Department HR Team with a written report of the candidate’s psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate’s clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.

B. Complete Post-Traumatic Psychological Incident Evaluation Provide City’s Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.

A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.

Consultant shall provide:

1. Initial psychological service contact comprised of an initial counseling assessment involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident as reported by the officers(s) supervisor or manager.

2. A verbal recommendation to the City’s Police Department HR Team for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.

3. A maximum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant’s office location, unless otherwise agreed by involved officer(s).

4. One (1) follow-up session, following the initial counseling assessment session, within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City’s Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City’s Police Department upon completion of such follow-up counseling session(s).

5. A written psychological assessment to the City’s Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session(s).

6. At the direction and with consent of City’s Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) City Council 15 – 53 10/20/2026

CITY OF SANTA ANA
adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City’s Police Department Chief or his designee is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.

C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee’s psychological fitness for duty, when so directed by the City.

Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.

Consultant shall:

1. Outline all psychological concerns resulting from that review and submit to City’s Police Department a recommendation concerning further testing and/or evaluation which may be deemed appropriate.

2. Provide City’s Police Department HR Team with verbal notification as to the above within forty-eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.

Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.

D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City’s Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of said employee’s classification.

Consultant shall:

1. Obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling of City’s Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling.

2. These sessions are to be conducted in person.

E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:

City Council 15 – 54 10/20/2026

CITY OF SANTA ANA

1. Conduct routine group debriefings with units that are regularly exposed to high levels of stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group’s ongoing well-being.
• Frequency of meetings to be determined by division managers

2. Hold a post-critical incident group meeting ahead of a potential formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employees’ end of watch.

3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.

F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.

Consultant shall:

1. Consult with the Department’s management regarding psychological profiles and recommended approach to addressing specific suspects.

2. Assist in interpreting intelligence data in reference to criminal incidents and/or suspect.

G. Psychological Training Services
Provide City’s Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:

1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training as requested by division managers.

City Council 15 – 55 10/20/2026
#2233585v1

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 15 – 56 10/20/2026
City Council The Counseling Team International | City of Santa Ana RFP 26-088 Page | 13 15 – 57 10/20/2026 #2233585v1

EXHIBIT C

INSURANCE REQUIREMENTS
City Council 15 – 58 10/20/2026
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
x Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering &*/ RQ DQ ³RFFXUUHQFH´ EDVLV LQFOXGLQJ SURGXFWV DQG FRPSleted operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
x Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
x :RUNHUV¶ &RPSHQVDWLRQ (WC): as required by the State of California, with statutory OLPLWV DQG (PSOR\HU¶V /LDELOLW\ ,QVXUDQFH ZLWK OLPLW RI QR OHVV WKDQ $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant atteVWVWKDWLWVZRUNHUV¶FRPSHQVDWLRQ coverage extends to all persons who will be working with the City under the agreed scope of services.
x Professional Liability (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

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

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

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

2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.

3. All required insurance policies: For any claims related to this contract, Consultant¶V insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant¶Vinsurance shall apply separately City Council 15 – 59 10/20/2026
to each insured against whom a claim is made or suit is brought, except with respect WRWKHLQVXUHU¶VOLPLWVRIOLDELOLW\

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

Verification of Coverage
Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant¶V obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Consultant must SXUFKDVH³H[WHQGHGUHSRUWLQJ´FRYHUDJHIRUDPLQLPXPRIWKUHH 
years after completion of
work.

Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.

City Council 15 – 60 10/20/2026
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City Council 15 – 61 10/20/2026

#2233600v1
AGREEMENT WITH PSYCHOLOGICAL CONSULTING ASSOCIATES, INC. DBA

FIRST RESPONDER PSYCHOLOGICAL SERVICES TO PROVIDE ON-CALL

PSYCHOLOGICAL EVALUATION AND COUNSELING SERVICES
THIS AGREEMENT is made and entered into on this 20TH day of October, 2026 by and between Psychological Consulting Associates, Inc. dba First Responder Psychological Services, a California corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On July 1, 2026, the City issued Request for Proposals No. 26-088, by which it sought Consultants to provide on-call psychological evaluation and counseling services on behalf of the City of Santa Ana’s Police Department.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-088 and attached as Exhibit A.

Consultant’s proposal shall be incorporated by reference as though fully attached here to this Agreement.

C. Consultant was selected as one of five (5) vendors which qualified for this engagement.

Only those consultants approved by the City Council on October 20, 2026 shall be eligible to be engaged by the City for these services.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation and counseling services described and set forth in Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) consultants EXHIBIT 4
City Council 15 – 62 10/20/2026

#2233600v1
selected under RFP 26-088. The annual compensation for these services provided by all such consultants selected under RFP 26-088 shall not exceed the shared aggregate amount of Seventy-Five Thousand Dollars ($75,000) during the term of the Agreement.

The total amount to be expended during the term of this agreement, including any extension periods exercised per Section 3, below, shall not exceed $225,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all City Council 15 – 63 10/20/2026

#2233600v1
Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

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

City may make all reasonable decisions with respect to its representation in any legal proceeding.

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

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

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by City Council 15 – 64 10/20/2026

#2233600v1
law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that City Council 15 – 65 10/20/2026

#2233600v1
might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

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

City Council 15 – 66 10/20/2026

#2233600v1

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

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

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

City Council 15 – 67 10/20/2026

#2233600v1
To City:

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

Chief of Police
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
To Consultant:

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

Psychological Consulting Associates, Inc.
(dba First Responder Psychological Services)
1881 Business Center Dr.

San Bernardino, Ca 92406
City Council 15 – 68 10/20/2026
1 ~ \\ 11 N 1 S~ \\ 111 RI 1 )I , 1hc p.1111c.-. hcrclO hm cc ccutccl tlll'i •rt"cmcnl lh(' d II I ti r II 1 nhm l " n ttl'11
\I II ~I :

Jcmute1 I I lull
Cat) Clc1!-.
\Pl'RO\ T I> \ S I O FOR~t:
~n:-,.:1 \ R. l \ R\ \l 110
( It) \ lh't ;l)
B .

Hr.,mh, " h.tt1l11.1
\,,,,t.l!ll ( 11, \ llllfll~•y
Rl'C0\1\11 ')1)11> FOR \PPIHl\ \I ·
R, h'- p,,d I\
l 'lm·I nl Pt,lil'l'
( 11'\' () 11 ~ \ "\ I \ \ '.\ \
1\1, ruo l'\uaic1
l'll) r-.1 c111ngcr
< < >N~lJL l'A,\ I
~J c.l\o\uq,ccu. ( o>,S1tlti~O 1'"cclak.c# l1A c...

City Council 15 – 69 10/20/2026
#2233600v1

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 70 10/20/2026

CITY OF SANTA ANA

SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced vendor to provide preemployment psychological evaluation services, crisis counseling services, and peer support training for Police Department Applicants and Police Department staff. Specific responsibilities include, but are not limited to:

A. Complete Pre-Employment Psychological Evaluations
Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations.

Evaluator CPE Requirement:
(A) Effective July 1, 2019, all evaluators must complete the POST-developed Peace Officer Psychological Screening Manual on-line exam prior to conducting preemployment psychological screening.
(B) Effective September 1, 2014, evaluators must complete 12 hours of POST approved CPE every two-year renewal cycle.

Verification of Course Completion:

To verify compliance, the evaluator must submit a psychological evaluator profile request to POST via the electronic CPE Tracking System and provide verification of course completion.

Perform a complete pre-employment psychological evaluation for all of the City’s Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer’s Standards and Training (POST), Psychological Screening Manual , as well as any additional psychological suitability criteria specified by the City’s Police Department.

A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment
Consultant shall:

1. Provide the City’s Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre- scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. .

Respondent to identify location of their services provided. In person services are preferred.

2. Provide the City’s Police Department Human Resources (HR) Team with verbal

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 71 10/20/2026

CITY OF SANTA ANA
recommendation of the candidate’s psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate’s clinical interview.

3. Provide the City’s Police Department HR Team with a written report of the candidate’s psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate’s clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.

B. Complete Post-Traumatic Psychological Incident Evaluation Provide City’s Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.

A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.

Consultant shall provide:

1. Initial psychological service contact comprised of an initial counseling assessment involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident as reported by the officers(s) supervisor or manager.

2. A verbal recommendation to the City’s Police Department HR Team for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.

3. A maximum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant’s office location, unless otherwise agreed by involved officer(s).

4. One (1) follow-up session, following the initial counseling assessment session, within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City’s Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City’s Police Department upon completion of such follow-up counseling session(s).

5. A written psychological assessment to the City’s Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session(s).

6. At the direction and with consent of City’s Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) City Council 15 – 72 10/20/2026

CITY OF SANTA ANA
adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City’s Police Department Chief or his designee is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.

C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee’s psychological fitness for duty, when so directed by the City.

Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.

Consultant shall:

1. Outline all psychological concerns resulting from that review and submit to City’s Police Department a recommendation concerning further testing and/or evaluation which may be deemed appropriate.

2. Provide City’s Police Department HR Team with verbal notification as to the above within forty-eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.

Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.

D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City’s Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of said employee’s classification.

Consultant shall:

1. Obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling of City’s Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling.

2. These sessions are to be conducted in person.

E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:

City Council 15 – 73 10/20/2026

CITY OF SANTA ANA

1. Conduct routine group debriefings with units that are regularly exposed to high levels of stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group’s ongoing well-being.
• Frequency of meetings to be determined by division managers

2. Hold a post-critical incident group meeting ahead of a potential formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employees’ end of watch.

3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.

F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.

Consultant shall:

1. Consult with the Department’s management regarding psychological profiles and recommended approach to addressing specific suspects.

2. Assist in interpreting intelligence data in reference to criminal incidents and/or suspect.

G. Psychological Training Services
Provide City’s Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:

1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training as requested by division managers.

City Council 15 – 74 10/20/2026
#2233600v1

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 15 – 75 10/20/2026
18 Cost proposal:

Psychological Consulting Associates, Inc. proposes the following fees for the services described in this RFP.
 Note - The flat rate fee includes: administer written tests, facilitate, ordering and acquisition of testing materials, scoring, review of written psychological tests, in-person interview, evaluations and documenting all results.

Pre-employment Evaluations $450.00 per applicant
Fitness-For-Duty Evaluations $550.00 per hour
Re-Testing (if required) $70.00 Per Test
Ongoing Training/Standard Lectures $300.00 per Hour (2hr min) Psychological Therapy (50-minute session) $195.00 per hour Critical Incident Stress Debriefings $350.00 per hour
Emergency Call-Out $350.00 per hour
Emergency Call-Out (between 8pm & 6am) $450.00 per hour Additional Services
Group Psychotherapy (80-minute sessions) $112.50 per person Regional Peer Support Training (7-hours) – P.O.S.T.

Certified
$125.00 per person
3-Day Peer Support Training – POST Certified $299.00 per person 2-Day Advanced Peer Support Training $199.00 per person 2-Day Organizational Wellness Development Program
– P.O.S.T.
$199.00 per person
Annual Wellness Visits (30-minute session) $150.00 per session City Council 15 – 76 10/20/2026
#2233600v1

EXHIBIT C

INSURANCE REQUIREMENTS
City Council 15 – 77 10/20/2026
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
• Professional Liability (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

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

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

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

2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.

3. All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately City Council 15 – 78 10/20/2026
to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

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

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

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

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

Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.

City Council 15 – 79 10/20/2026
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City Council 15 – 80 10/20/2026

#2233578v1
AGREEMENT WITH SUSAN SAXE-CLIFFORD, Ph.D TO PROVIDE

ON-CALL PSYCHOLOGICAL EVALUATION AND COUNSELING SERVICES THIS AGREEMENT is made and entered into on this 20TH day of October, 2026 by and between Susan Saxe-Clifford, Ph.D., a California professional corporation (“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).

RECITALS
A. On July 1, 2026, the City issued Request for Proposals No. 26-088, by which it sought Consultants to provide on-call psychological evaluation and counseling services on behalf of the City of Santa Ana’s Police Department.

B. Consultant submitted a responsive proposal that was among those selected by the City.

Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 26-088 and attached as Exhibit A.

Consultant’s proposal shall be incorporated by reference as though fully attached here to this Agreement.

C. Consultant was selected as one of five (5) vendors which qualified for this engagement.

Only those consultants approved by the City Council on October 20, 2026 shall be eligible to be engaged by the City for these services.

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

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

1. SCOPE OF SERVICES
On an on-call basis, and the City’s sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the psychological evaluation and counseling services described and set forth in Exhibit A, attached hereto and incorporated by reference.

2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) consultants selected under RFP 26-088. The annual compensation for these services provided by all such consultants selected under RFP 26-088 shall not exceed the shared aggregate EXHIBIT 5
City Council 15 – 81 10/20/2026

#2233578v1
amount of Seventy-Five Thousand Dollars ($75,000) during the term of the Agreement.

The total amount to be expended during the term of this agreement, including any extension periods exercised per Section 3, below, shall not exceed $225,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City’s standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant’s account(s) with financial institutions.

Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.

3. TERM
This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below.

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

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

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in City Council 15 – 82 10/20/2026

#2233578v1
any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

6. INSURANCE
Insurance requirements are attached hereto as Exhibit C.

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

City may make all reasonable decisions with respect to its representation in any legal proceeding.

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

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

9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to City Council 15 – 83 10/20/2026

#2233578v1
examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement.

10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. “Confidential Information” shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City.

11. CONFLICT OF INTEREST CLAUSE
a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement.
b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City’s Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution
d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement.

The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, City Council 15 – 84 10/20/2026

#2233578v1
but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement.
e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported (in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above.

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

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

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

15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant City Council 15 – 85 10/20/2026

#2233578v1
compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement.

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

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

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

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

City Council 15 – 86 10/20/2026

#2233578v1
To City:

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

Chief of Police
Santa Ana Police Department
60 Civic Center Plaza
Santa Ana, CA 92702
To Consultant:

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

20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.
[signature page to follow]
Susan Saxe-Clifford, Ph. D.
16530 Ventura Blvd., Ste. 603
Encino, CA 91436
City Council 15 – 87 10/20/2026
I~ \\'ll~l:SS \\'HEREOF. the parties hcrelo have executed this Agreement lhc date and )ear first :ibow written.

ATI"t.:ST:

Jenni fer L. Hall
City Clerk
APPRO\'F.D AS TO FORM:

SO~IA R. CARVALHO
City Attorney
By:~~
Bra'ntrifn'" Salvatierra
Assistant City Attorney
RECOMMEr-.iDED FOR APPROVAL:

CITY OF SA~TA ANA
:\lvaro ~uncz
City \lanager
COSSl!LTA~T
City Council 15 – 88 10/20/2026
#2233578v1

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 89 10/20/2026

CITY OF SANTA ANA

SCOPE OF SERVICES
The City of Santa Ana is seeking a professional and experienced vendor to provide preemployment psychological evaluation services, crisis counseling services, and peer support training for Police Department Applicants and Police Department staff. Specific responsibilities include, but are not limited to:

A. Complete Pre-Employment Psychological Evaluations
Complete the necessary Police Officer Standards and Training (POST) Continuing Professional Education (CPE) required for psychologists conducting pre-employment peace officer evaluations.

Evaluator CPE Requirement:
(A) Effective July 1, 2019, all evaluators must complete the POST-developed Peace Officer Psychological Screening Manual on-line exam prior to conducting preemployment psychological screening.
(B) Effective September 1, 2014, evaluators must complete 12 hours of POST approved CPE every two-year renewal cycle.

Verification of Course Completion:

To verify compliance, the evaluator must submit a psychological evaluator profile request to POST via the electronic CPE Tracking System and provide verification of course completion.

Perform a complete pre-employment psychological evaluation for all of the City’s Police Department applicants. Said psychological evaluation shall comply with the California Peace Officer’s Standards and Training (POST), Psychological Screening Manual , as well as any additional psychological suitability criteria specified by the City’s Police Department.

A complete pre-employment psychological evaluation includes, but is not limited to a clinical interview, administration of necessary tests, scoring of tests and preparing verbal and written recommendation for employment
Consultant shall:

1. Provide the City’s Police Department a list of available appointment times for psychological evaluations; the appointment times must be provided 24 hours prior to pre- scheduled Commander oral interviews. The psychological evaluations shall be administered within seven business days of the Commander oral interviews. .

Respondent to identify location of their services provided. In person services are preferred.

2. Provide the City’s Police Department Human Resources (HR) Team with verbal

EXHIBIT A

SCOPE OF SERVICES
City Council 15 – 90 10/20/2026

CITY OF SANTA ANA
recommendation of the candidate’s psychological suitability for the classifications of Police Officer as well as other classifications within the Police Department within two (2) working days of said candidate’s clinical interview.

3. Provide the City’s Police Department HR Team with a written report of the candidate’s psychological suitability for the classification of Police Officer as well as other classifications within the Police Department within five (5) working days of the candidate’s clinical interview. This report must be received by the PD within five working days via US Mail, or may be sent in a pdf document via e-mail.

B. Complete Post-Traumatic Psychological Incident Evaluation Provide City’s Police Department employees involved in violent incidents, such as a life - threatening and/or serious injury or death to any person, complete post-traumatic psychological evaluation.

A complete post-traumatic psychological incident evaluation includes, but is not limited to, clinical interview and post-traumatic counseling.

Consultant shall provide:

1. Initial psychological service contact comprised of an initial counseling assessment involved officer(s) shall be made immediately if possible, but no later than forty-eight (48) hours following the incident as reported by the officers(s) supervisor or manager.

2. A verbal recommendation to the City’s Police Department HR Team for return of said officer(s) involved in traumatic incidents to full or modified duty status as soon as possible and in no case later than forty-eight (48) hours following the incident.

3. A maximum of three (3) follow-up counseling sessions shall follow, if the Consultant deems those sessions necessary. Such follow-up sessions shall, whenever possible and practical, be scheduled by Consultant at Consultant’s office location, unless otherwise agreed by involved officer(s).

4. One (1) follow-up session, following the initial counseling assessment session, within a period of not less than fourteen (14) days and not more than thirty (30) days following the traumatic incident with the involved officer(s) to assess whether additional sessions shall be deemed necessary. Following such sessions, provide City’s Police Department with verbal recommendation as to the necessity of additional sessions and an assessment of officer(s) recommended duty status within forty-eight (48) hours. A written psychological assessment of the officer(s) evaluated shall be submitted within five (5) calendar days to the City’s Police Department upon completion of such follow-up counseling session(s).

5. A written psychological assessment to the City’s Police Department of officer(s) in question and a recommendation as to their suitability to return to active duty, full or modified, and need for follow-up treatment within five (5) days following the post- traumatic counseling session(s).

6. At the direction and with consent of City’s Police Department, similar post-traumatic incident counseling services may be requested for immediate family members of involved officer(s) City Council 15 – 91 10/20/2026

CITY OF SANTA ANA
adversely impacted by the incident. The goal of such services shall be to stabilize external factors which might otherwise affect officer(s) return to duty or recovery and to determine if referral to other private service providers is warranted. Verbal consultation with City’s Police Department Chief or his designee is recommended but no written reports of family member counseling sessions are required unless otherwise indicated or where the fitness for duty of the officer(s) comes into doubt.

C. Review of Fitness for Duty
Review background investigations, clinical interviews, administrative reports and/or other relevant documents to determine an employee’s psychological fitness for duty, when so directed by the City.

Fitness for duty review includes, but is not limited to, clinical interviews, administration of necessary tests, scoring of tests, and preparation of verbal and written recommendations for employment.

Consultant shall:

1. Outline all psychological concerns resulting from that review and submit to City’s Police Department a recommendation concerning further testing and/or evaluation which may be deemed appropriate.

2. Provide City’s Police Department HR Team with verbal notification as to the above within forty-eight (48) hours, and with a complete written report concerning reviews of fitness for duty within ten (10) working days following receipt of documents or the last clinical interview of employee(s) in question.

Note: The City may elect to enter into two agreements to allow for a separate psychologist to conduct fitness for duties.

D. Crisis Intervention Counseling
Conduct crisis intervention counseling with authorization and approval of City’s Police Department when a Department employee(s) is believed to be suffering from a psychological disorder or emotional disturbance and unable to perform any or all of the full range of duties of said employee’s classification.

Consultant shall:

1. Obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling of City’s Police Department employee(s). Should intervention be requested by employee and not Department, consultant agrees to obtain authorization from City’s Chief of Police or designate prior to conducting crisis intervention counseling.

2. These sessions are to be conducted in person.

E. Crisis Incident Stress Management
The work of law enforcement professionals exposes them to significant incidents that can have a lasting effect on their mental health and well-being. The Santa Ana Police Department recognizes the importance of routine and post-incident debriefings to assist employees in processing events in a healthy and productive manner while minimizing the risk of post incident stress that can lead to physical and psychological disorders. Therefore, at the request of the Chief of Police or his/her designee, the consultant shall:

City Council 15 – 92 10/20/2026

CITY OF SANTA ANA

1. Conduct routine group debriefings with units that are regularly exposed to high levels of stress (i.e. child abuse investigators, crime scene investigators, and dispatchers) to ensure the group’s ongoing well-being.
• Frequency of meetings to be determined by division managers

2. Hold a post-critical incident group meeting ahead of a potential formal debriefing to discuss normal reactions to stress and healthy methods to process stress. When necessary, such meetings shall be conducted prior to the affected employees’ end of watch.

3. Facilitate post-incident group debriefings with affected employees following a critical incident. Such debriefings should ideally be held within 24-72 hours of the incident but, given the need to coordinate varying work schedules, shall be conducted as close in time to the incident as practical.

F. Consultation Services
On-call status is required to respond to criminal incidents such as SWAT call-outs or major investigations as requested.

Consultant shall:

1. Consult with the Department’s management regarding psychological profiles and recommended approach to addressing specific suspects.

2. Assist in interpreting intelligence data in reference to criminal incidents and/or suspect.

G. Psychological Training Services
Provide City’s Police Department employees with relevant psychological training to assist in the providing organizational wellness services. Consultant shall:

1. Provide training to members of Police Department including, but not limited to, peer support services, crisis intervention stress management, and suicide intervention/prevention training as requested by division managers.

City Council 15 – 93 10/20/2026
#2233578v1

EXHIBIT B

COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 15 – 94 10/20/2026
City Council 15 – 95 10/20/2026
#2233578v1

EXHIBIT C

INSURANCE REQUIREMENTS
City Council 15 – 96 10/20/2026
Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages:

MINIMUM SCOPE AND LIMIT OF INSURANCE
Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
• Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of $1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies.
• Workers’ Compensation (WC): as required by the State of California, with statutory limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. Consultant attests that its workers’ compensation coverage extends to all persons who will be working with the City under the agreed scope of services.
• Professional Liability (PL): with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 aggregate.

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

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

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

2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City.

3. All required insurance policies: For any claims related to this contract, Consultant’s insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it.

4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant’s insurance shall apply separately City Council 15 – 97 10/20/2026
to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability.

5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment.

6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of the project or event should be included in the Description of Operations section of each certificate.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

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

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

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

1. The retroactive date must be shown and must be before the date of the contract or the beginning of work.

2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work.

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

Subcontractors
Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors.

City Council 15 – 98 10/20/2026
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

City Council 15 – 99 10/20/2026
Police Department
www.santa-ana.gov/pd
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
TOPIC: FY 2025 Urban Areas Security Initiative (UASI) Funding Program

AGENDA TITLE
Adopt a Resolution for FY 2025 Homeland Security Grant Program Funding in the Amount of $8,147,580 (Non-General Fund - UASI)

RECOMMENDED ACTION
Adopt a resolution authorizing the City Manager and/or the Chief of Police, or their designee(s), to apply for the FY 2025 Urban Area Security Initiative grant and, upon award, enter into an agreement with the State of California, California Governor’s Office of Emergency Services for the period September 1, 2025 through June 30, 2028, in the amount of $8,147,580, of which $835,000 is obligated to the Orange County Intelligence Assessment Center (Agreement No. A-2026-XXX).

RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER AND THE CHIEF

OF POLICE OR THEIR DESIGNEE(S) TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES FOR THE FY2025 URBAN AREA SECURITY INITIATIVE FUNDING PROGRAM GOVERNMENT CODE §84308 APPLIES: No

DISCUSSION
The Urban Area Security Initiative (UASI) program is approved by Congress through the Consolidated Appropriations Act of 2025, and implemented by the U.S. Department of Homeland Security (DHS) through the Federal Emergency Management Agency (FEMA), to assist high-density urban areas to strengthen the nation’s communities against potential terrorist attacks and other hazards. The UASI program provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for training, planning, equipment, exercises, and technical assistance.

City Council 16 – 1 10/20/2026
FY 2025 Urban Areas Security Initiative (UASI) Funding Program October 20, 2026

In FY 2006, the United States Department of Homeland Security (DHS) consolidated the Anaheim and Santa Ana Urban Area (ASAUA) jurisdictions into a single Urban Area. The City of Santa Ana continues to serve as an Urban Area Core City and shares grant administration responsibilities with the City of Anaheim.

The Santa Ana Police Department, in coordination with the City of Anaheim, the County of Orange, and the jurisdictions within the Anaheim/Santa Ana Urban Area, has assessed current capabilities and needs and established regional goals and objectives.

Working collaboratively, both cities develop projects and implement complementary strategies to strengthen preparedness and enhance the region’s ability to prevent, respond to, and recover from acts of terrorism.

In addition to new initiatives, a significant portion of the grant award will support sustainment activities, including personnel costs, training, and exercises. For FY25, this funding covers the ReadyOC Emergency Preparedness Campaign, the “If You See Something, Say Something” SafeOC Public Awareness Campaign, portable mobile barriers, and the UASI portion of the City’s Video Surveillance System.

For the FY2025 UASI grant program, the City of Santa Ana will be awarded funding in the amount of $8,147,580, of which $835,000 is obligated to the Orange County Intelligence Assessment Center. The FY 2025 grant will cover the period of September 1, 2025 through June 30, 2028. The federal government shutdown in 2025 caused a delay in the administration of all grants; hence, the delay in the subrecipient allocation notification from the California Governor’s Office of Emergency Services (Cal OES).

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

FISCAL IMPACT
There is no fiscal impact associated with this action. The FY25 application is estimated to be approved by Cal OES by December 2026. Approval of an appropriation adjustment will be brought forth for future City Council consideration upon final application approval and receipt of award agreement from Cal OES.

EXHIBIT(S)

1. Resolution with FY2025 Notification of Subrecipient Allocation Submitted By: Robert Rodriguez, Police Chief
Approved By: Alvaro Nuñez, City Manager
City Council 16 – 2 10/20/2026
Resolution No. 2026-XXX

RESOLUTION NO. 2026-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA AUTHORIZING THE CITY MANAGER AND

THE CHIEF OF POLICE OR THEIR DESIGNEE(S) TO

ENTER INTO AN AGREEMENT WITH THE STATE OF
CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY
SERVICES FOR THE FY2025 URBAN AREA SECURITY

INITIATIVE FUNDING PROGRAM

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. The United States Department of Homeland Security has developed the Urban Areas Security Initiative funding program (UASI). UASI provides funds to local emergency first responders to purchase equipment, planning, training, exercises and technical assistance to enhance security and preparedness to prevent, respond to, and recover from acts of terrorism.

B. In FY 2006, the United States Department of Homeland Security combined the Anaheim and Santa Ana Urban Areas into a single Urban Area, and provided for shared administrative responsibilities between Santa Ana and Anaheim. In FY 2025, the City of Santa Ana will be the lead administrative agency for UASI funding.

C. The City of Santa Ana has been awarded funding from the California Governor’s Office of Emergency Services (CAL OES) for the FY 2025 UASI in the amount of $8,147,580, of which $835,000 is obligated to the Orange County Intelligence Assessment Center. Notification of Subrecipient Allocation is attached hereto as Exhibit A.

Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager and/or the Police Chief or their designee(s) to apply for the FY 2025 UASI grant through CAL OES and upon receiving such award, enter into an agreement with CAL OES for the FY 2025 Urban Areas Security Initiative funding program in the amount of $8,147,580, of which $835,000 is obligated to the Orange County Intelligence EXHIBIT 1
City Council 16 – 3 10/20/2026
Resolution No. 2026-XXX

Assessment Center. The authorization provided herein shall also pertain to any and all grant monies awarded under this grant.

Section 3. The City Council of the City of Santa Ana hereby authorizes and directs the City Attorney’s Office to prepare and authorizes the City Manager to enter into reimbursement agreements for all grant related program and project activities including planning, organization, equipment, training, exercise and management and administration costs with the County of Orange and any of the cities located in the designated Anaheim/Santa Ana Urban Area for use of the FY 2025 UASI grant funds.

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

ADOPTED this 20th day of October, 2026.
_______________________
Valerie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Brandon Salvatierra
Assistant City Attorney
AYES: Councilmembers _____________________________________ NOES: Councilmembers _____________________________________ ABSTAIN: Councilmembers _____________________________________ NOT PRESENT: Councilmembers _____________________________________ City Council 16 – 4 10/20/2026
Resolution No. 2026-XXX

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on _______________.

Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 16 – 5 10/20/2026

EXHIBIT A
City Council 16 – 6 10/20/2026
City Council 16 – 7 10/20/2026
City Council 16 – 8 10/20/2026
Planning and Building Agency
www.santa-ana.gov/pba
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
October 20, 2026
Topic: Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street)

AGENDA TITLE
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street)

RECOMMENDED ACTION

1. Adopt a resolution approving Density Bonus Agreement No. 2026-0005; RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT NO. 2026-0005 FOR A THREE-STORY RESIDENTIAL TOWNHOUSE DEVELOPMENT CONSISTING OF 40 RESIDENTIAL UNITS, INCLUDING FOUR UNITS PROPOSED

AS AFFORDABLE TO MODERATE-INCOME HOUSEHOLDS, FOR THE
PROPERTY LOCATED AT 2030 E. FOURTH STREET (APN: 400-082-02)

2. Authorize the City Manager to execute a Density Bonus Agreement with C&C N. Harbor, LLC, for a 55-year covenant term, for a for-sale residential townhome development consisting of forty (40) residential units, including four (4) units designated as affordable to moderate-income households, at 2030 E. Fourth Street (Agreement No. A-2026- XXX); and

3. Determine that, pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the recommended action is exempt from further environmental review pursuant to Public Resources Code Section 21080.66, enacted through Assembly Bill No. 130 (AB 130).

GOVERNMENT CODE §84308 APPLIES: Yes

EXECUTIVE SUMMARY
C&C N. Harbor, LLC (“Property Owner” and “Applicant”), represented by Mike VanBuskirk of VBK Consulting (application-listed contact person), is requesting approval of Density Bonus Agreement (DBA) No. 2026-0005 to facilitate the redevelopment of the property located at 2030 E. Fourth Street with a three-story, 40-unit, for-sale townhome community, including four deed-restricted affordable units for moderate-income City Council 17 – 1 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

households within the Metro East Mixed-Use Overlay Zone (MEMU) (“Project”). The Project would demolish seven existing office buildings to accommodate the proposed residential development.

The Applicant requests approval of a Density Bonus Agreement (DBA) pursuant to Government Code Section 65915 to memorialize the Project’s affordable-housing commitment and applicable development standards. The Project will reserve four (4) dwelling units (10 percent (10%) of the total units) for moderate-income households, thereby qualifying for benefits under State Density Bonus Law. However, the Applicant is not requesting a numerical density bonus, incentive, or concession. The Project will utilize one waiver to reduce the required publicly accessible open space from 6,979 square feet to 3,210 square feet, as memorialized through the Density Bonus Agreement pursuant to California Government Code Sections 65915 through 65918 and Santa Ana Municipal Code Sections 41-1600 through 41-1607. In accordance with Government Code Section 65915, the City’s discretion and ability to deny a Density Bonus Agreement are severely limited if the project satisfies the objective standards set out by the State.

As proposed, Staff recommends approval of the Applicant’s request because the Project is consistent with the General Plan, the MEMU Overlay Zone, and State Density Bonus Law and would redevelop an underutilized office site with new ownership housing, including deed-restricted affordable units, while advancing the City’s housing goals and supporting a pedestrian-oriented development along the Fourth Street corridor.

Planning Commission Action
On September 14, 2026, the Planning Commission held a public hearing for the Project and voted 6:0:1, with Commissioner Oliva absent, to approve Site Plan Review No. 2026- 0004, Vesting Tentative Tract Map No. 2026-0009, and to approve the requested waiver from the development standards as part of the Density Bonus Agreement No. 2026-0005.

Pursuant to SAMC Section 41-1607, the Planning Commission made the required findings to approve the waiver. Following this action, the Density Bonus Agreement requires City Council approval.

DISCUSSION
Table 1: Project and Location Information
Item Information
Project Address and Council Ward 2030 E. Fourth Street – Ward 3 Nearest Intersection Fourth Street and Golden Circle Drive General Plan Designation District Center – Medium High (DC - 3) Zoning Designation Professional (P); Village Center District (VCD) within the Metro East Mixed Use Overly Zone (MEMU)
City Council 17 – 2 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

Item Information
North Office
East Office
South Office Surrounding Land Uses
West Office
Property Size 79,892 square feet (1.83 acres)
Existing Site Development Seven two-story office buildings totaling approximately 39,553 square feet
Use Permissions Multi-family Residential
Zoning Code Sections Affected
Uses Chapter 41, Article XVI.I (Density Bonus) and Village Center District within the Metro East Mixed Use
Overlay Zone (MEMU).

Project Description
The proposed Project consists of the redevelopment of an approximately 1.83-acre site with a three-story, 40-unit, for-sale townhome community. To accommodate the development, the existing seven office buildings and associated surface parking would be demolished.

The Project includes a mix of two-, three-, and four-bedroom townhomes ranging in size from approximately 1,211 to 1,813 square feet to accommodate a variety of household sizes.

Eight of the proposed townhomes (Plan 3X) include ground-floor flex/commercial spaces, consisting of four units fronting Fourth Street and four units fronting Golden Circle Drive.

Each flex space is accessed independently from the unit porch or primary entry and is separated from the main living area. The flex spaces are intended to provide adaptable spaces that may initially function as residential living areas, home offices, or studios and are designed to accommodate future conversion to neighborhood-serving commercial or live/work uses, subject to applicable City review and approvals, as market conditions evolve.

The development also includes four deed-restricted affordable units for moderate-income households, representing 10 percent (10%) of the total residential units. The affordable units are integrated throughout the development rather than concentrated in a single location.

Table 2: Residential Unit Summary
Unit Floor Type Number of Bedrooms Size in Square Feet Number of Units Plan 1 2 1,211 4
Plan 2 2 1,297 4
Plan 3 3 1,722 8
Plan 3X 3 1,722 8
Plan 4 4 1,813 16
Total 40
City Council 17 – 3 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

Table 3: Affordable Residential Unit Summary
Unit Floor Type Number of Bedrooms Size in Square Feet Number of Units Plan 1 2 1,211 1
Plan 3 3 1,722 1
Plan 3x 3 1,722 1
Plan 4 4 1,813 1
Total 4
Site Design, Parking, and Development Standards
The Project is designed as a five-building, three-story townhome community organized around a private internal drive accessed from Golden Circle Drive. The site design emphasizes pedestrian connectivity through landscaped paseos, sidewalks, and open space areas connecting the residential units to Fourth Street and Golden Circle Drive. Eight ground-floor flex spaces are located along the Fourth Street and Golden Circle Drive frontages to support an active and pedestrian-oriented streetscape. The Project features a contemporary architectural design with varied building massing, articulated façades, balconies, enhanced entries, and a combination of stucco, composite siding, brick veneer, metal accents, and concrete tile roofing.

The Project proposes 100 on-site parking spaces, consisting of 80 enclosed garage spaces and 20 guest parking spaces. Because the Project includes deed-restricted affordable housing, the Applicant is utilizing the parking ratios established by Government Code Section 65915(p), which are available by right under State Density Bonus Law and do not constitute a concession or waiver. As shown in Table 4, the Project requires 76 spaces under State Density Bonus Law and provides 100 spaces, exceeding the applicable requirement by 24 spaces. The Project also exceeds the parking otherwise required under the MEMU.

Table 4: Required Parking Comparison
Standard Parking Ratio Parking Calculation / Spaces Required Residential
Studio 1.0 space 1 x 0 units 0
One-Bedroom 1.0 space 1 x 0 units 0
Two-Bedroom 1.5 spaces 1.5 x 8 units 12
Three-Bedroom 1.5 spaces 1.5 x 16 units 24
Four-Bedroom 2.5 spaces 2.5 x 16 units 40
State
Density
Ratios
TOTAL Required Total 76
Residential
Unit (including
guest spaces) MEMU 2.25 spaces 40 x 2.25 90
Total Required Total 90
Overall Total Provided Total 100
City Council 17 – 4 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

Each residential unit will be assigned a two-car enclosed garage for a total of 80 resident parking spaces. The remaining 20 off-street open parking spaces will be designated for guest parking and are primarily located near the Project entrance from Golden Circle Drive.

Resident parking will be secured behind a controlled-access gate, while guest parking will remain accessible to visitors.

The Project also includes frontage and infrastructure improvements along Fourth Street and Golden Circle Drive, including new curb, gutter, sidewalk, landscaping, pavement restoration, and utility improvements. Final design and construction of these improvements will be subject to review and approval by the Public Works Agency.

The Project provides private, common, and publicly accessible open space through balconies, landscaped courtyards, paseos, common amenity areas, and landscaped areas along the Fourth Street and Golden Circle Drive frontages. As summarized in Table 5, the Project complies with the applicable MEMU development standards for density, lot size, floor area ratio, building height, setbacks, frontage type, private/common open space, and parking. The Project proposes 3,210 square feet of publicly accessible open space where approximately 6,797 square feet is required. Accordingly, the Applicant is requesting one waiver through the Density Bonus Agreement to permit the reduced publicly accessible open space.

The Project’s consistency with the applicable Metro East Mixed-Use Overlay Zone (MEMU) development standards, including those standards addressed through the requested waiver, is summarized in Table 5 below.

Table 5: Development Standards
Development Standards (MEMU)
Standard Required/Allowed Provided
Density 90 du/ac 22 du/ac
Lot Size 30,000 square feet 79,892 square feet (1.83
acres)
Floor Area Ratio (FAR) 3.00 FAR 1.1 FAR
Building Height
Up to 10 stories for a depth of 150
feet from the street and 6 stories
thereafter
37’-3”
Minimum Floor Heights 9-15 feet 9’-4” ground; 10’-4” second, 9’-1”, third
City Council 17 – 5 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

Development Standards (MEMU)
Standard Required/Allowed Provided
Adjacent to Public ROW or Street:
10 feet (max.)
Adjacent to Fourth Street: 9
feet
Adjacent to Golden Circle
Drive: 9 feet
Adjacent to parking: 7 feet (min.) Adjacent to parking: 10 feet Setbacks
Building to building (up to 3rd floor): 6
feet (min.)
Building to building: 13 feet
(min)
Frontage Type Front Porch, Stoop, Forecourt, Shop
Front, Gallery, or Arcade Front Porch
Publicly Accessible Open
Space
10 percent (10%) of the net site area
(67,973 square feet) 6,797 square
feet required
3,210 square feet (5
percent/5%) – Waiver
requested
Private/Common Open
Space
• 90 square feet per unit (3,600
square feet)
• Total required: 3,600 square feet
• Balconies = 3,388 square
feet
• Amenities and common
open space = 6,705
square feet
• Total private/common
open space = 10,093
square feet
Parking Spaces
MEMU: 80 spaces (2.0 spaces per
residential/live-work unit, inclusive of
guest parking and any nonresidential
uses).

State Density Bonus Law: 76 spaces
required (Gov. Code § 65915(p))
100 spaces (80 enclosed
garage spaces and 20 offstreet open guest spaces; 2.5
spaces per dwelling unit).

The requested reduction in publicly accessible open space is evaluated in the Density Bonus section below. The Project otherwise complies with the applicable objective MEMU development standards identified above.

Density Bonus
The California Density Bonus Law establishes mandatory benefits for qualifying housing developments that provide specified levels of affordable housing. When a housing development satisfies the applicable affordability requirements, the City is required to grant the density bonus and other benefits provided by State law, including applicable parking ratios and, when requested and supported by the statutory requirements, incentives or concessions and waivers or reductions of development standards. Accordingly, the Density Bonus Law does not provide a local jurisdiction with general discretion to deny these benefits City Council 17 – 6 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

based on policy preferences or because a project does not comply with development standards that are subject to an authorized incentive, concession, or waiver.

The City’s authority to deny a requested incentive or concession is expressly limited by Government Code Section 65915(d)(1). The City must grant a qualifying incentive or concession unless it makes a written finding, based upon substantial evidence, that: (1) the incentive or concession does not result in identifiable and actual cost reductions consistent with State Density Bonus Law; (2) the incentive or concession would have a specific adverse impact upon public health and safety or on property listed in the California Register of Historical Resources, and there is no feasible method to satisfactorily mitigate or avoid that impact without rendering the development unaffordable to low- and moderate-income households; or (3) the incentive or concession would be contrary to State or federal law.

The City bears the burden of proof to support denial of a requested incentive or concession.

Similarly, Government Code Section 65915(e) prohibits the City from applying a development standard that would physically preclude construction of a qualifying development at the densities or with the incentives or concessions permitted under State Density Bonus Law. A requested waiver or reduction may be denied only under the limited circumstances specified by State law, including where the waiver would result in a specific adverse impact upon health or safety for which there is no feasible method to satisfactorily mitigate or avoid the impact, would adversely affect property listed in the California Register of Historical Resources, or would be contrary to State or federal law.

State law also limits the information a local jurisdiction may require from an applicant in connection with a density bonus request. Government Code Section 65915(a)(2) provides that a local government shall not condition the submission, review, or approval of a density bonus application on preparation of an additional report or study that is not otherwise required by State law. The City may require reasonable documentation necessary to establish the Project’s eligibility for the requested density bonus and applicable parking ratios. In addition, reasonable documentation may be required to establish eligibility for an incentive or concession or to demonstrate that the requested incentive or concession satisfies the statutory definition. However, the City may not shift its statutory burden to the Applicant by requiring additional studies or analyses merely to establish that the City should approve a benefit that State law otherwise requires it to grant.

Pursuant to the California Density Bonus law, a project’s affordability level is determined by dividing the number of proposed affordable units by the allowable “base” density (i.e., 90 du/ac). Moreover, the State density bonus law states that units added by a density bonus are excluded from the calculations. As outlined by Table 6 below, the base density for the

1.83-acre site at 90 du/ac is 165 units. Of the total units in the development, four (4) units are proposed to be affordable. Therefore, the Project would have a ten-percent (10%) affordability rate. As such, State density bonus law allows the developer to request a maximum density bonus of five percent (5%).

City Council 17 – 7 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

Table 6: Density Bonus Calculation
Affordable Unit – 10% (4 units – Moderate
Income)
Density Bonus Calculation Units Allowed
Base Density – District Center – Medium High
(DC – 3) 1.83 acres x 90 du/ac 165 Units
5-Percent (5%) State Density Bonus (165 units x 0.05) +9 units Total Units
174 units allowed
with density bonus;
40 proposed
*All density bonus calculations resulting in fractions are rounded up to the next whole number. **Affordable unit percentage is calculated excluding units added by a density bonus.

Due to the Project’s ten-percent (10%) affordability rate, the developer can seek one density bonus incentive/concession and unlimited waivers, pursuant to Section 65915 et al. of the California Government Code (Density Bonuses and Other Incentives). In addition, California Assembly Bill No. 2345, approved September 28, 2020, revised the State Density Bonus Law originally adopted in 1979 to provide additional benefits for projects that include qualifying affordable housing.

Under the Density Bonus Law, the developer sought one waiver and zero concessions from the MEMU and SAMC standards to facilitate project development. Table 7 outlines the waiver requested by the Applicant and approved by the Planning Commission on September 14, 2026.

Table 7: Requested Waiver
Standard Required by MEMU Provided
Publicly Accessible
Open Space (MEMU
Section 4.5) (Waiver)
10 percent (10%) of the gross site
area (6,797 square feet)
3,210 square feet provided (5
percent/5%).

As applied to this Project, the requested waiver from the publicly accessible open space standards were reviewed under these statutory standards. The Planning Commission approved the request on September 14, 2026. The City has not identified substantial evidence supporting any of the findings authorized by Government Code Section 65915 to deny the requested concession or waivers. Accordingly, State Density Bonus Law requires the City to recognize the approved deviations from the otherwise applicable MEMU development standards. DBA No. 2026-0005 memorializes those Density Bonus Law benefits together with the Project's corresponding affordable housing obligations.

Affordable Housing Opportunity and Creation Ordinance
The Project meets the affordable housing goal for the for-sale category of the City’s Affordable Housing Opportunity and Creation Ordinance (AHOCO) by providing four (4) onsite units designated for households earning between 80 to 120 percent (80-120%) of the AMI (moderate-income), which is currently set at $166,300 for a four-person City Council 17 – 8 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

household, significantly enhancing the opportunity for income eligible Santa Ana households to own a home in the City at a lower cost. The units will be dispersed throughout the community. These affordable units will consist of one two-bedroom, two three-bedroom, and one four-bedroom units ranging from 1,211 to 1,813 square feet in size and will be indistinguishable from the market-rate units. The developer’s Inclusionary Housing Plan has been reviewed and approved by the City’s Housing Division.

Public Notification and Community Outreach
As the City Council’s approval of this agreement does not constitute a public hearing, no public notification or community outreach is required under applicable state law or local ordinances prior to Council action. However, staff notes that project notifications were posted, published, and mailed in accordance with City and State regulations for the required Planning Commission public hearing. In addition, staff contacted the provided contacts for the Lyon and Zoo District Neighborhood Association to ensure they were aware of the project and Planning Commission public hearing.

In addition to the required public noticing, the Applicant also held two community meetings in compliance with the City’s Sunshine Ordinance (Ordinance No. NS-3040). The first meeting was held on January 28, 2026. Approximately six members of the community were in attendance and posed questions related to the unit count, unit type, parking availability, and existing business leases. No issues of concern were raised regarding the proposed development. The second meeting was held on March 24, 2026. No members of the community were in attendance in-person and two individuals were present online.

They posed questions related to the parking needs of nearby residential buildings, the pricing of the housing units and when they would become available, but raised no issues related to the development. Materials from both meetings are posted to the Project’s City webpage.

ENVIRONMENTAL IMPACT
The proposed Project qualifies for a statutory exemption from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.66, enacted through Assembly Bill No. 130 (AB 130) in 2025. To qualify for this statutory exemption, a project must satisfy the following eligibility criteria:
• The project must be residential or mixed-use, with residential uses comprising at least two-thirds of the total project area.
• The project must be consistent with the applicable General Plan and zoning ordinance.
• The project site must not exceed 20 acres in size, or five (5) acres if the project qualifies under the Builder’s Remedy provisions.
• The project must provide a minimum density of 15 dwelling units per acre. • The project must not involve the demolition of a historic structure. • The project site must be located within an urbanized area.

City Council 17 – 9 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

• The project site must not be located on prime farmland, wetlands, within a high fire hazard severity zone, earthquake fault zone, floodplain, habitat for protected species, or land subject to a conservation easement.
• The project site must not be listed as a hazardous waste site. • The project must complete Phase I and Phase II Environmental Site Assessments, as applicable.
• The project must evaluate its proximity to freeways; if located within 500 feet of a freeway, appropriate Minimum Efficiency Reporting Value (MERV) filtration measures must be incorporated.
• The project must complete tribal consultation in accordance with applicable state requirements.

Unlike the categorical exemptions contained in the CEQA Guidelines, Public Resources Code Section 21080.66 establishes a statutory exemption enacted by the Legislature for qualifying residential and mixed-use housing developments that satisfy the eligibility criteria prescribed by statute.

The proposed Project satisfies all applicable eligibility criteria listed above. As part of the review process, the City contacted the Native American Heritage Commission (NAHC) to obtain a list of tribes that may have an interest in consulting on the Project. The NAHC provided a list of 12 tribes, all of which were contacted by City staff. Of the tribes contacted, the Juaneño Band of Mission Indians and the Gabrieleño Band of Mission Indians - Kizh Nation requested consultation and consulted with City staff. During consultation, the tribe requested tribal monitoring during ground-disturbing activities. In response, conditions of approval requiring tribal monitoring have been incorporated into the resolutions approving the Project.

In addition, the Applicant prepared an AB 130 Eligibility Memorandum to evaluate the Project’s qualification for the statutory exemption and to document the completion of the required Phase I Environmental Site Assessments with assistance from Integrated Property Analysis, Inc., the Applicant’s environmental consultant. The memorandum was reviewed by City staff and determined to adequately demonstrate the Project’s compliance with the requirements of Public Resources Code Section 21080.66. Based on this analysis, the Project satisfies the eligibility requirements of Public Resources Code Section 21080.66 and therefore qualifies for a statutory exemption from CEQA.

Accordingly, a Notice of Exemption, Environmental Review No. 2025-7, will be filed following Project approval

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

City Council 17 – 10 10/20/2026
Density Bonus Agreement No. 2026-0005 – Aspen Woods (2030 E. Fourth Street) October 20, 2026

EXHIBITS

1. Resolution – Density Bonus Agreement

2. Draft Density Bonus Agreement

3. Site, Architectural, and Landscape Plans

4. September 14, 2026 – Planning Commission Staff Report and Exhibits (Hyperlink)
Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency and Sylvia Vazquez, Deputy City Manager/Acting Executive Director of Community Development
Approved By: Alvaro Nuñez, City Manager
City Council 17 – 11 10/20/2026
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SANTA ANA APPROVING DENSITY BONUS AGREEMENT
NO. 2026-0005 FOR A THREE-STORY RESIDENTIAL
TOWNHOUSE DEVELOPMENT CONSISTING OF 40

RESIDENTIAL UNITS, INCLUDING FOUR UNITS

PROPOSED AS AFFORDABLE TO MODERATE-INCOME
HOUSEHOLDS, FOR THE PROPERTY LOCATED AT 2030
E. FOURTH STREET (APN: 400-082-02)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS:

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

A. C&C N. Harbor LLC (“Owner” and “Applicant”), represented by Mike VanBuskirk of VBK Consulting (application-listed contact person), requests approval of Density Bonus Agreement No. 2026-0005 to facilitate the development of a three-story, 40-unit, for-sale townhome community, including four (4) affordable units reserved for moderate-income households, for the property located at 2030 East Fourth Street (“Project”).

B. California Government Code Sections 65915 through 65918 (“State Density Bonus Law”) allow qualifying housing developments that provide affordable housing units to obtain density bonuses and other benefits, including incentives or concessions, waivers or reductions in development standards, and reduced parking requirements.

C. The Project includes four (4) deed-restricted affordable units reserved for moderate-income households, affordable units, representing 10 percent of the Project’s total residential units, and is therefore eligible to utilize the provisions of State Density Bonus Law.

D. Section 41-1607 of the Santa Ana Municipal Code (“SAMC”) requires an application for a deviation, including incentives or concessions and/or waivers or reductions in development standards, to be approved by the Planning Commission.

E. The Project does not request a numerical density bonus, but qualifies for one incentive or concession and unlimited waivers or reductions in development standards and while the Project does not utilize the available incentive or concession, it is requesting one waiver from the MEMU publicly accessible open space requirement.

City Council 17 – 12 10/20/2026
F. Specifically, Section 4.5 of the MEMU requires approximately 6,797 square feet of publicly accessible open space. The Project provides approximately 3,210 square feet of publicly accessible open space. Accordingly, the Applicant requested a waiver from the open space development standard, pursuant to California Government Code Section 65915.

G. On September 14, 2026, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and, at that time, considered all testimony, written and oral, and based on required findings, approved Site Plan Review No. 2026-0004 and Vesting Tentative Tract Map No. 2026- 0009 and approved the one (1) waiver or reduction in development standards, to be memorialized in Density Bonus Agreement No. 2026-0005.

H. Pursuant to SAMC Section 41-1602(d), approval of Density Bonus Agreement No. 2026-0005 is within the purview of the City Council.

I. On October 20, 2026, the City Council of the City of Santa Ana held a regular meeting and considered Density Bonus Agreement No. 2026-0005.

J. The City Council hereby approves Density Bonus Agreement No. 2026- 0005. The Agreement memorializes the affordable housing obligations, the waiver approved by the Planning Commission, and other terms necessary to implement the Project pursuant to State Density Bonus Law and SAMC Chapter 41, Article XVI.I.

Section 2. Pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines, the proposed Project qualifies for a statutory exemption from further review pursuant to Public Resources Code Section 21080.66, enacted through Assembly Bill No. 130 (AB 130) in 2025. To qualify for this statutory exemption, a project must satisfy the following eligibility criteria:
• The project must be residential or mixed-use, with residential uses comprising at least two-thirds of the total project area.
• The project must be consistent with the applicable General Plan and zoning ordinance.
• The project site must not exceed 20 acres in size, or five (5) acres if the project qualifies under the Builder’s Remedy provisions.
• The project must provide a minimum density of 15 dwelling units per acre. • The project must not involve the demolition of a historic structure. • The project site must be located within an urbanized area. • The project site must not be located on prime farmland, wetlands, within a high fire hazard severity zone, earthquake fault zone, floodplain, habitat for protected species, or land subject to a conservation easement.
• The project site must not be listed as a hazardous waste site. • The project must complete Phase I and Phase II Environmental Site Assessments, as applicable.

City Council 17 – 13 10/20/2026
• The project must evaluate its proximity to freeways; if located within 500 feet of a freeway, appropriate Minimum Efficiency Reporting Value (MERV) filtration measures must be incorporated.
• The project must complete tribal consultation in accordance with applicable state requirements.
• Unlike the categorical exemptions contained in the CEQA Guidelines, Public Resources Code Section 21080.66 establishes a statutory exemption enacted by the Legislature for qualifying residential and mixed-use housing developments that satisfy the eligibility criteria prescribed by statute.

The proposed Project satisfies all applicable eligibility criteria listed above. As part of the review process, the City contacted the Native American Heritage Commission (NAHC) to obtain a list of tribes that may have an interest in consulting on the Project. The NAHC provided a list of 12 tribes, all of which were contacted by City staff. Of the tribes contacted, the Juaneño Band of Mission Indians and the Gabrieleno Band of Mission Indians - Kizh Nation requested consultation and consulted with City staff. During consultation, the tribe requested tribal monitoring during ground-disturbing activities. In response, conditions of approval requiring tribal monitoring have been incorporated into the resolutions approving the Project.

In addition, the Applicant prepared an AB 130 Eligibility Memorandum to evaluate the Project’s qualification for the statutory exemption and to document the completion of the required Phase I Environmental Site Assessments with assistance from Integrated Property Analysis, Inc, the Applicant’s environmental consultant. The memorandum was reviewed by City staff and determined to adequately demonstrate the Project’s compliance with the requirements of Public Resources Code Section 21080.66. Based on this analysis, the Project satisfies the eligibility requirements of Public Resources Code Section 21080.66 and therefore qualifies for a statutory exemption from CEQA.

Accordingly, a Notice of Exemption, Environmental Review No. 2025-7, will be filed following Project approval.

Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, referendum, and other proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively “Actions”), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local City Council 17 – 14 10/20/2026
constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City’s defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action.

Section 4. The City Council of the City of Santa Ana, at its regular meeting, hereby approves Density Bonus Agreement No. 2026-0005 and authorizes the City Manager to execute the Agreement in a form approved by the City Attorney. This approval is based on the written materials submitted, including: The Planning Commission Staff Report dated September 14, 2026, and the Request for City Council Action dated October 20, 2026, and their respective exhibits.

Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this resolution.

ADOPTED this ____day of _____________, 2026.
_______________________
Valarie Amezcua
Mayor
APPROVED AS TO FORM:

Sonia R. Carvalho, City Attorney
By:________________________
Melissa M. Crosthwaite
Senior Assistant City Attorney
AYES: Councilmembers _______________________________________ NOES: Councilmembers _______________________________________ ABSTAIN: Councilmembers _______________________________________ NOT PRESENT: Councilmembers _______________________________________ City Council 17 – 15 10/20/2026

CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XX to be the original resolution adopted by the City Council of the City of Santa Ana on October 20, 2026.

Date: ________________ ____________________________________ City Clerk
City of Santa Ana
City Council 17 – 16 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT

RECORDING REQUESTED BY:

AND WHEN RECORDED MAIL TO:

City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, California 92702
Attention: City Clerk
Free Recording pursuant to
Government Code §§ 6103 and 27383

DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF

COVENANTS, CONDITIONS AND RESTRICTIONS
2030 East Fourth Street; APN: 400-082-02
This DENSITY BONUS HOUSING AGREEMENT WITH DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (“Agreement”), is made and entered into this day of , 2026 (“Effective Date”), for reference purposes only, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California (“City”), and C&C N. Harbor, LLC, a California limited liability company (“Developer”). City and Developer are sometimes referred to collectively as the “Parties” and individually as a “Party.”

RECITALS
A. Developer is the owner of that certain property located within the City of Santa Ana, County of Orange, State of California, located at and commonly known as 2030 East Fourth Street, Santa Ana, California, and legally described as set forth in Exhibit A, which are attached hereto and incorporated herein by this reference as if set forth in full (“Property”).

B. Developer is proposing to develop a residential development consisting of no more than forty (40) townhomes, four (4) of which are proposed as moderate income residential ownership residences, as more particularly set forth in Density Bonus Application No. ________ (“Project”).

C. Santa Ana Municipal Code sections 41-1600, et seq. (“City Density Bonus for Affordable Housing”), and California Government Code sections 65915, et seq. (“State Density Bonus Law”), set forth a process to provide increased residential densities and incentives, concessions, and waivers to property owners or developers who restrict a portion of their residential development to Moderate Income Households, as specified. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities throughout the City.

City Council 17 – 17 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT

D. The Project proposes forty (40) dwelling units on a site that is 1.8 acres. This is within the allowable base density under the City's Municipal Code.

E. The Project proposes restricting four (4) units for Moderate Income Households in the affordability requirements for a housing development as set forth in State Density Bonus Law and City Density Bonus for Affordable Housing.

F. In light of the purpose of the State Density Bonus Law and City Density Bonus for Affordable Housing, and the express provisions of Government Code Section 65915(d)(2)(A) and (e), the City has determined that the Project is eligible for one (1) incentive or concession, and waivers as prescribed by the State Density Bonus Law.

G. This Agreement, and the exhibits attached hereto and incorporated herein by reference, are intended to set forth the terms and conditions for the implementation of the Project’s requirement to provide affordable housing units in exchange for receiving the density bonus, concession and waivers set forth herein.

NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS

1.1 Definitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows:

1.1.1 “Affordability Covenants” means restrictions on the sale and conveyance of the Property pursuant to California Government Code Section 65915 that ensure that the Affordable Units will be preserved for Moderate Income Households for at least fifty-five (55) years for owner-occupied housing units and will be sold or resold only to Eligible Households, as defined herein, pursuant to State Density Bonus Law.

1.1.2 “Adjusted for Family Size Appropriate to the Unit” or “Adjusted for Household Size” shall have the meaning set forth by Health and Safety Code Section 50052.5(h).

1.1.3 “Administrative Procedures Manual” shall mean the City’s Administrative Procedures Manual: Ownership Housing Development, setting forth rules and regulations for the City’s homeownership program.

1.1.4 “Affordability Term” means the duration of the Affordability Covenants as set forth in Section 3.1.

1.1.5 “Affordable Housing Cost” means the total Housing Costs paid by Homebuyers purchasing an Affordable Unit in accordance with this Agreement, which shall not exceed the limits for Moderate Income Households in accordance with California Health and Safety Code Section 50052.5, and implementing regulations of Sections 6920, 6924 and 6930 of City Council 17 – 18 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT

Title 25 of the California Code of Regulations for Moderate Income Households. The Affordable Housing Cost for Moderate Income Households shall not exceed thirty-five percent (35%) times one hundred ten percent (110%) of the Orange County Median Income Adjusted for Family Size Appropriate for the Unit. For Moderate Income Households whose gross income exceeds 110% of Median Income, the Affordable Housing Cost shall not exceed thirty five percent (35%) of Gross Household Income.

1.1.6 “Affordable Housing Resale Restrictions” means the restrictions imposed on each Affordable Unit that restrict sales to qualified Eligible Households pursuant to a local preference for families who live or work in the City of Santa Ana at an Affordable Sales Price, in the form of Exhibit B attached hereto.

1.1.7 “Affordable Sales Price” means the maximum sales price that can be charged for an Affordable Unit as set forth in Section 3.3.1.

1.1.8 “Affordable Units(s)” means the four (4) Units restricted for Moderate Income Households at an Affordable Housing Cost pursuant to this Agreement and in compliance with the requirements set forth in Section 2.6. Any change to the number, bedroom size, location, or distribution of Affordable Units is subject to City Manager approval.

1.1.9 “Agreement” means this Density Bonus Housing Agreement With Declaration of Covenants, Conditions and Restrictions.

1.1.10 “Benchmark Down Payment” is a component of the Affordable Sales Price calculations. For the purposes of this Agreement, the Benchmark Down Payment is set at 5% of the total Affordable Sales Price. The Benchmark Down Payment is used solely as a component for determining the Affordable Sales Price for an Affordable Unit. It does not represent a cap on the down payment amount that can be contributed by a Homebuyer.

1.1.11 "Certificate of Occupancy" means a certificate or approval of a final inspection from the City.

1.1.12 “City” means the City of Santa Ana, California.

1.1.13 “City Attorney” means the City Attorney for the City of Santa Ana.

1.1.14 “City Council” means the City Council of the City of Santa Ana.

1.1.15 “City Deed of Trust” means the deed of trust to be executed by the Homebuyer and recorded against Affordable Unit the Homebuyer’s obligations under the City Promissory Note, substantially in the form attached hereto as Exhibit D.

1.1.16 “City Manager” means the City Manager for the City of Santa Ana.

1.1.17 “City's Planning Commission” means the Planning Commission for the City of Santa Ana.

City Council 17 – 19 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT

1.1.18 “City Promissory Note” means the promissory note executed by the Homebuyer evidencing Homebuyer's agreement to pay the City Equity Share, substantially in the form attached hereto as Exhibit C.

1.1.19 “Density Bonus Application” shall mean the Density Bonus Application No. ______ for the Project.

1.1.20 “Developer” means C&C N. Harbor, LLC, a California limited liability company, and its permitted successors and assigns to all or any part of the Property, Project or this Agreement.

1.1.21 “Effective Date” means the date the Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement, pursuant to Section 4.2 herein.

1.1.22 “Eligible Household” means a Household whose income does not exceed the qualifying limits for Moderate Income Households, as defined herein.

1.1.23 “First Lien” means the lien of the institution making the purchase money mortgage loan to Homebuyer for the purchase of an Affordable Unit. For the avoidance of doubt, the City’s Deed of Trust shall be subordinate to the First Lien.

1.1.24 “Gross Household Income” means all income from whatever source from all adult Household members, which is anticipated to be received during the 12-month period following the date of the determination of Gross Household Income. The applicable sources of income are defined in California Code of Regulations Title 25 Housing and Community Development Section 6914. The definition includes the following specific requirements:
(a) Except as provided in subdivision (b), all payments from all sources received by the head of Household (even if temporarily absent) and each additional member of the Household who is not a minor shall be included in the annual income of a Household. Gross Household Income shall include, but not be limited to:
(i) The gross amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses; (ii) The net income from operation of a business or profession or from rental or real or personal property (for this purpose, expenditures for business expansion or amortization of capital indebtedness shall not be deducted to determine the net income from a business);
(iii) Interest and dividends;
(iv) The full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts (but see subdivision (2)(c)); City Council 17 – 20 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT

(v) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay; (vi) Public Assistance. If the public assistance payment includes an amount specifically designated for shelter and utilities which is subject to adjustment by the public assistance agency in accordance with the actual cost of shelter and utilities, the amount of public assistance income to be included as income shall consist of:
(1) The amount of the allowance or grant exclusive of
the amount specifically designated for shelter and utilities, plus (2) The maximum amount which the public assistance
agency could in fact allow for the Household for shelter and utilities. (vii) Periodic and determinable allowances such as alimony and child support payments, and regular contributions or gifts received from persons not residing in the dwelling;
(viii) All regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is head of the Household or spouse or domestic partner (but see subdivision (b)(v));
(ix) Where a Household has net assets in excess of $5,000, income shall include the actual amount of income, if any, derived from all of the net Household assets or 10 percent of the value of all such assets, whichever is greater. For purposes of this section, net Household assets means value of equity in real property other than the Household's full-time residence, savings, stocks, bonds, and other forms of capital investment. The value of necessary items such as furniture and automobiles shall be excluded. (b) The following items shall not be considered as income:
(i) Casual, sporadic or irregular gifts;
(ii) Amounts which are specifically for or in reimbursement of the cost of medical expenses;
(iii) Lump-sum additions to Household assets, such as
inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses; (iv) Amounts of educational scholarships paid directly to the student or to the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships, or payments to veterans not used for the above purposes of which are available for subsistence are to be included in income;
(v) The special pay to a serviceman head of a Household away from home and exposed to hostile fire;
City Council 17 – 21 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT

(vi) Relocation payments made pursuant to federal, state, or local relocation law;
(vii) Foster child care payments;
(viii) The value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1964 which is in excess of the amount actually charged the eligible Household;
(ix) Payments received pursuant to participation in the following volunteer programs under the ACTION Agency:
(1) National Volunteer Antipoverty Programs which
include VISTA, Service Learning Programs and Special Volunteer Programs. (2) National Older American Volunteer Programs for
persons aged 60 and over which include Retired Senior Volunteer Programs, Foster Grandparent Program, Older American Community Services Program, and National Volunteer Program to Assist Small Business Experience, Service Corps of Retired Executive (SCORE) and Active Corps of Executives (ACE).

1.1.25 “Homebuyer” means an Eligible Household that has entered into an agreement to purchase an Affordable Unit in accordance with this Agreement.

1.1.26 “Homebuyer Documents” means the Affordable Housing Resale Restrictions, the City Promissory Note, and the City Deed of Trust.

1.1.27 “Household” means all the persons who will occupy the Affordable Unit as their primary residence. The size of a prospective Household must be compatible with the size of the Affordable Unit to be purchased. Unless otherwise approved in writing by the City, which the City may withhold in its reasonable discretion, the minimum number of occupants is two (2) for a two-bedroom unit, three (3) for three-bedroom units and four (4) for four-bedroom units. A child who is subject to a legally-binding shared-custody agreement, in which the child resides with the Household at least 50% of the time, is counted as a member of the Household. For the purpose of calculating the Household income and not the number of occupants, excluded from the definition of Household are live-in caregivers/caretakers, foster children, unborn children and children being pursued for legal custody or adoption that are not currently living with the Household.

1.1.28 “Housing Cost” means and includes all of the following costs associated with ownership of an Affordable Unit as defined in Title 25 of the California Code of Regulations Section 6920:
(a) Principal and interest on a mortgage loan at the defined interest rate; (b) Property tax and assessments;
City Council 17 – 22 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT

(c) Fire and casualty insurance covering replacement value of property improvements;
(d) Property maintenance and repairs;
(e) A reasonable utility allowance, as determined by the City; and (f) Homeowner Association assessments and dues.

1.1.29 “Median Income” means the Orange County, California area median income, Adjusted for Household Size pursuant to California Health and Safety Code § 50052.5(h), as periodically published by HCD.

1.1.30 “Moderate Income Household(s)” means a Household whose income does not exceed One Hundred Twenty Percent (120%) of the area median income for the Orange County, California PMSA as published by HCD.

1.1.31 “Municipal Code” means the Santa Ana Municipal Code.

1.1.32 “Primary Residence” means that the Homebuyer is occupying the Affordable Unit for at least ten (10) months out of any twelve (12) month period.

1.1.33 “Project” means that certain affordable residential development as more particularly described in the Recitals and Section 2 of this Agreement.

1.1.34 “Project Approvals” means all approvals, conditions, and entitlements issued by the City, inclusive of the Planning Commission and City Council.

1.1.35 “Property” means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon.

1.1.36 “Request for Default” means the request for default attached hereto as Exhibit H.

1.1.37 “State Density Bonus Law” means Government Code Section 65915, et seq., as they exist on the Effective Date.

1.1.38 “Supportable Mortgage” means the mortgage amount that can be supported by a Moderate Income Household based on the Affordable Housing Cost calculations.

The mortgage calculation is based on the prevailing market interest rate for a 30-year fully amortizing mortgage with a fixed interest rate. The Supportable Mortgage shall be determined in accordance with the City’s Administrative Procedures Manual, provided that it should be determined for a Moderate Income Household consistent with the requirements of this Agreement and State Density Bonus Law.

1.1.39 “Transfer” or “Transferred” means any sale, assignment, conveyance, lease or transfer, voluntary or involuntary, of any interest in the Property or in any Unit. Without limiting the generality of the foregoing, Transfer shall include (i) a transfer by devise, inheritance City Council 17 – 23 10/20/2026
55394.00101\45398331.2

PLANNING COMMISSION DRAFT