Agenda packet — Santa Monica City Council, June 9, 2026 (part 7 of 10)

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Packet Pg. 1389 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 28 worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.

Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.

If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1390 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 29 predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.
(5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.
(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.
(9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract.

Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S.

Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1391 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 30

17. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT
Background and Application
The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee contracts and subcontracts “financed at least in part by loans or grants from … the [Federal] Government.” 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 49 CFR

18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 49 CFR 18.36(i)(6)), the Act no longer applies to any “contract in an amount that is not greater than $100,000.” 40 USC 3701(b)(3) (A)(iii).

The Act applies to construction contracts and, in very limited circumstances, non-construction projects that employ “laborers or mechanics on a public work.” These non-construction applications do not generally apply to transit procurements because transit procurements (to include rail cars and buses) are deemed “commercial items.” 40 USC 3707, 41 USC 403 (12).

A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below.

The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be coordinated with counsel to ensure the Act’s requirements are satisfied.

Clause Language
Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1392 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 31 (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

18. [ RESERVED ]

19. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
Applicability to Contracts
Applicable to all contracts.

Flow Down
Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent.

Model Clause/Language
While no specific language is required, FTA has developed the following language.

No Obligation by the Federal Government.
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1393 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 32 (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS

AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
Applicability to Contracts
These requirements are applicable to all contracts.

Flow Down
These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements.

Model Clause/Language
These requirements have no specified language, so FTA proffers the following language.

Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate.
(2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1394 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 33 (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

21. TERMINATION
49 U.S.C. Part 18
FTA Circular 4220.1E
Applicability to Contracts
All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be effected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $100,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor.

Flow Down
The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning.

Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts:
a. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1395 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 34 If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination.
f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.

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Packet Pg. 1396 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 35 this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract.

If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work.

The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if1. the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and

2. the contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1397 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 36 If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. i. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process.

If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services.

If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient.

The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor.

If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1398 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 37 If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.

22. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) Background and Applicability
In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103- 355, 108 Stat. 3327).

The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services. 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.”
Grantees, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required. 49 CFR 29.300.

Grantees, contractors, and subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels).

Clause Language
The following clause language is suggested, not mandatory. It incorporates the optional method of verifying that contractors are not excluded or disqualified by certification.

Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1399 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 38 or disqualified as defined at 49 CFR 29.940 and 29.945.

The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City of Santa Monica. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Santa Monica, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

23. PRIVACY ACT
5 U.S.C. 552
Applicability to Contracts
When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts.

Flow Down
The Federal Privacy Act requirements flow down to each third party contractor and their contracts at every tier.

Model Clause/Language
The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA.

Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract:
(1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1400 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 39 behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.
(2) The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA.

24. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.

Applicability to Contracts
The Civil Rights Requirements apply to all contracts.

Flow Down
The Civil Rights requirements flow down to all third party contractors and their contracts at every tier.

Model Clause/Language
The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text.

Civil Rights - The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1401 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 40 (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S.

Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

25. BREACHES AND DISPUTE RESOLUTION
49 CFR Part 18
FTA Circular 4220.1E
Applicability to Contracts
All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1402 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 41 include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures.

Flow Down
The Breaches and Dispute Resolutions requirements flow down to all tiers.

Model Clauses/Language
FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts.

Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Recipient)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1403 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 42

26. PATENT AND RIGHTS IN DATA
37 CFR Part 401
49 CFR Parts 18 and 19
Applicability to Contracts
Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in which FTA finances the purpose of the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual.

Flow Down
The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier.

Model Clause/Language
The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights as a standard, is proposed with the understanding that this standard could be modified to FTA's needs.

CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK.

A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work:
(1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory.

Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. (2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added:
(a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1404 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 43 authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution.
(b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party.

1. Any subject data developed under that contract, whether or not a copyright has been obtained; and

2. Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA.
(c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c) , however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects.
(d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract.

Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1405 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 44 (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause, provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.
(3) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(4) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

B. Patent Rights - The following requirements apply to each contract involving experimental, developmental, or research work:
(1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified.
(2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1406 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 45 Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401.
(3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA.

27. TRANSIT EMPLOYEE PROTECTIVE AGREEMENTS
49 U.S.C. § 5310, § 5311, and § 5333
29 CFR Part 215
Applicability to Contracts
The Transit Employee Protective Provisions apply to each contract for transit operations performed by employees of a Contractor recognized by FTA to be a transit operator. (Because transit operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit "operations" for purposes of this clause.)
Flow Down
These provisions are applicable to all contracts and subcontracts at every tier.

Model Clause/Language
Since no mandatory language is specified, FTA had developed the following language:

Transit Employee Protective Provisions. (1) The Contractor agrees to the comply with applicable transit employee protective requirements as follows:
(a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S.

Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S.

DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1407 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 46 (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter.
(c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto.
(2) The Contractor also agrees to include the any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA.

28. DISADVANTAGED BUSINESS ENTERPRISE (DBE)
49 CFR Part 26
Background and Applicability
The newest version on the Department of Transportation’s Disadvantaged Business Enterprise (DBE) program became effective July 16, 2003. The rule provides guidance to grantees on the use of overall and contract goals, requirement to include DBE provisions in subcontracts, evaluating DBE participation where specific contract goals have been set, reporting requirements, and replacement of DBE subcontractors. Additionally, the DBE program dictates payment terms and conditions (including limitations on retainage) applicable to all subcontractors regardless of whether they are DBE firms or not.

The DBE program applies to all DOT-assisted contracting activities. A formal clause such as that below must be included in all contracts above the micro-purchase level. The requirements of clause subsection b flow down to subcontracts.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1408 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 47 A substantial change to the payment provisions in this newest version of Part 26 concerns retainage (see section 26.29). Grantee choices concerning retainage should be reflected in the language choices in clause subsection d.

Clause Language
The following clause language is suggested, not mandatory. It incorporates the payment terms and conditions applicable to all subcontractors based in Part 26 as well as those related only to DBE subcontractors. The suggested language allows for the options available to grantees concerning retainage, specific contract goals, and evaluation of DBE subcontracting participation when specific contract goals have been established.

Disadvantaged Business Enterprises
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency’s overall goal for DBE participation is 0.87%. A separate contract goal [of % DBE participation has] [has not] been established for this procurement.
b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Santa Monica deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. {If a separate contract goal has been established, use the following} Bidders/offerors are required to document sufficient DBE participation to meet these goals or, alternatively, document adequate good faith efforts to do so, as provided for in 49 CFR 26.53. Award of this contract is conditioned on submission of the following [concurrent with and accompanying sealed bid] [concurrent with and accompanying an initial proposal] [prior to award]:

1. The names and addresses of DBE firms that will participate in this contract;

2. A description of the work each DBE will perform;

3. The dollar amount of the participation of each DBE firm participating;

4. Written documentation of the bidder/offeror’s commitment to use a DBE subcontractor whose participation it submits to meet the contract goal;

5. Written confirmation from the DBE that it is participating in the contract as provided in the prime contractor’s commitment; and
DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1409 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 48

6. If the contract goal is not met, evidence of good faith efforts to do so. [Bidders][Offerors] must present the information required above [as a matter of responsiveness] [with initial proposals] [prior to contract award] (see 49 CFR 26.53(3)). {If no separate contract goal has been established, use the following} The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.
d. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 7 days after the contractor’s receipt of payment for that work from the City of Santa Monica. In addition, [the contractor may not hold retainage from its subcontractors.] [is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed.] [is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the City of Santa Monica and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.]
e. The contractor must promptly notify the City of Santa Monica, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Santa Monica.

29. [ RESERVED ]

30. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1E
Applicability to Contracts
The incorporation of FTA terms applies to all contracts.

Flow Down
The incorporation of FTA terms has unlimited flow down.

Model Clause/Language
FTA has developed the following incorporation of terms language:

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1410 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 49 Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.

31. DRUG AND ALCOHOL TESTING
49 U.S.C. §5331
49 CFR Parts 653 and 654
Applicability to Contracts
The Drug and Alcohol testing provisions apply to Operational Service Contracts.

Flow Down Requirements
Anyone who performs a safety-sensitive function for the recipient or subrecipient is required to comply with 49 CFR 653 and 654, with certain exceptions for contracts involving maintenance services. Maintenance contractors for non-urbanized area formula program grantees are not subject to the rules. Also, the rules do not apply to maintenance subcontractors.

Model Clause/Language
Introduction
FTA's drug and alcohol rules, 49 CFR 653 and 654, respectively, are unique among the regulations issued by FTA. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with Parts 653 and 654.

Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them.

How a recipient does so depends on several factors, including whether the contractor is covered independently by the drug and alcohol rules of another Department of Transportation operating administration, the nature of the relationship that the recipient has with the contractor, and the financial resources available to the recipient to oversee the contractor's drug and alcohol testing program. In short, there are a variety of ways a recipient can ensure that its subrecipients and contractors comply with the rules.

Therefore, FTA has developed three model contract provisions for recipients to use "as is" or to DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1411 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 50 modify to fit their particular situations.

Explanation of Model Contract Clauses
Under Option 1, the recipient ensures the contractor's compliance with the rules by requiring the contractor to participate in a drug and alcohol program administered by the recipient. The advantages of doing this are obvious: the recipient maintains total control over its compliance with 49 CFR 653 and 654. The disadvantage is that the recipient, which may not directly employ any safety-sensitive employees, has to implement a complex testing program. Therefore, this may be a practical option only for those recipients which have a testing program for their employees, and can add the contractor's safety-sensitive employees to that program.

Under Option 2, the recipient relies on the contractor to implement a drug and alcohol testing program that complies with 49 CFR 653 and 654, but retains the ability to monitor the contractor's testing program; thus, the recipient has less control over its compliance with the drug and alcohol testing rules than it does under option 1. The advantage of this approach is that it places the responsibility for complying with the rules on the entity that is actually performing the safety-sensitive function. Moreover, it reserves to the recipient the power to ensure that the contractor complies with the program. The disadvantage of Option 2 is that without adequate monitoring of the contractor's program, the recipient may find itself out of compliance with the rules.

Under option 3, the recipient specifies some or all of the specific features of a contractor's drug and alcohol compliance program. Thus, it requires the recipient to decide what it wants to do and how it wants to do it. The advantage of this option is that the recipient has more control over the contractor's drug and alcohol testing program, yet it is not actually administering the testing program. The disadvantage is that the recipient has to specify and understand clearly what it wants to do and why.

Drug and Alcohol Testing
Option 1
The contractor agrees to:
(a) participate in (grantee's or recipient's) drug and alcohol program established in compliance with 49 CFR 653 and 654.

Drug and Alcohol Testing
Option 2
The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1412 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 Best Practices Procurement Manual – Appendix A.1 Page 51 with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register.

Drug and Alcohol Testing
Option 3
The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Parts 653 and 654, produce any documentation necessary to establish its compliance with Parts 653 and 654, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of (name of State), or the (insert name of grantee), to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 653 and 654 and review the testing process. The contractor agrees further to certify annually its compliance with Parts 653 and 654 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to (insert title and address of person responsible for receiving information). To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The Contractor agrees further to [Select a, b, or c] (a) submit before (insert date or upon request) a copy of the Policy Statement developed to implement its drug and alcohol testing program; OR (b) adopt (insert title of the Policy Statement the recipient wishes the contractor to use) as its policy statement as required under 49 CFR 653 and 654; OR (c) submit for review and approval before (insert date or upon request) a copy of its Policy Statement developed to implement its drug and alcohol testing program. In addition, the contractor agrees to: (to be determined by the recipient, but may address areas such as: the selection of the certified laboratory, substance abuse professional, or Medical Review Officer, or the use of a consortium).

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1413 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1414 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1415 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1416 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 1 ATTACHMENT G-4

RACE-NEUTRAL DBE INSTRUCTIONS
For
City of Santa Monica
November 2022
DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1417 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 2 RN-DBE LANGUAGE

RACE-NEUTRAL INSTRUCTIONS
FOR

DOT-ASSISTED CONTRACTS
The CITY OF SANTA MONICA has not established a DBE contract goal for this Agreement. However, the CITY OF SANTA MONICA strongly encourages all bidders/offerors to include DBE subcontractors in their bids/proposals to the greatest extent possible. The successful bidder/offeror that lists DBE firms in its bid/proposal will be required to submit required DBE forms with its bid/proposal and report its DBE participation obtained through race-neutral means throughout the period of performance.

1. DEFINITIONS
a. The term “Disadvantaged Business Enterprise” or DBE means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Part 26.5, Code of Federal Regulations (CFR). b. The term “Race-Neutral” (RN) means a measure or program that is used to assist all small businesses. For the purposes of the DBE Program, “race-neutral” includes genderneutrality. In addition, race-neutral participation is DBE participation obtained when a DBE goal is not established.
c. The term “Agreement” also means “Contract.”
d. Agency also means the local entity entering into this contract with the Consultant. e. The term “Proposer” shall mean prime contractor or prime consultant submitting a bid or proposal to recipient organization. The terms “Bidder” or “Offeror” may also be used in lieu of “Proposer.”
f. The term “Small Business” or “SB” is as defined in 49 CFR 26.65.

2. AUTHORITY AND RESPONSIBILITY
a. DBE’s and other small businesses are strongly encouraged to participate in the performance of Agreements financed in whole or in part with federal funds (see 49 CFR Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”). The Contractor should ensure that DBE’s and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The Proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1418 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 3 b. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBE’s.

3. SUBMISSION OF DBE INFORMATION
Only DBE firms certified through the California Unified Certification Program (CUCP) will be counted towards the CITY OF SANTA MONICA’s overall DBE goal; however, all DBE participation shall be collected and reported.

All Proposers are required to submit the following items to the CITY OF SANTA MONICA:

1. The name and addresses of DBE firms that will participate in the contract;

2. A description of the work that each DBE will perform. Each DBE must be certified in the NAICS code applicable to the work the firm will perform on the contract;

3. The dollar amount of the participation of each DBE firm;

4. Written documentation of the proposer’s commitment to use the DBE subcontractor (the signed DBE Commitment Form and/or other documentation); and

5. Written confirmation from each listed DBE firm that it is participating in the contract in the kind of work and amount of work provided in the proposer’s commitment The above information shall be provided at the time noted below:

1. Under sealed bids, as a matter or responsiveness, or with initial proposals under contract negotiation procedures, or

2. No later than 5 days after bid opening as a matter of responsibility.

4. DBE PARTICIPATION GENERAL INFORMATION
It is the Proposer’s responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the City of Santa Monica’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:
a. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
b. A certified DBE may participate as a prime contractor, subcontractor, joint venture partner, as a vendor of material or supplies, or as a trucking company. c. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1419 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 4 d. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. e. The Proposer shall list only one subcontractor for each portion of work as defined in their bid and all DBE subcontractors should be listed in the bid list of subcontractors. f. A prime contractor who is a certified DBE is eligible to claim all of the work in the agreement toward the DBE participation except that portion of the work to be performed by non-DBE subcontractors.
g. In order to identify certified DBEs, you must only use the California Unified Certification Program Database (CUCP). Certifications from other agencies or organizations will not be accepted.

5. RESOURCES
a. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1-866-810-6346 for assistance.

Proposers may call (916) 440-0539 for web or download assistance. b. Access the CUCP database at: https://californiaucp.dbesystem.com/. i. Click on Search for Certified Firms
ii. Searches can be performed by one or more criteria
iii. Follow instructions on the screen

6. MATERIALS OR SUPPLIES PURCHASED FROM DBEs COUNT TOWARDS DBE CREDIT UNDER THE FOLLOWING CONDITIONS:
a. If the materials or supplies are obtained from a DBE manufacturer, 100 percent of the cost of the materials or supplies count towards DBE credit. A DBE manufacturer is a firm that operates, or maintains a factory, or establishment that produces on the premises that materials, supplies, articles, or equipment required under the Agreement and of the general character described by the specifications.
b. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specification and required under the Agreement are bought, kept in stock, and regularly sold or leased to the public in the usual course of doing business. To be a DBE regular dealer the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer, in such bulk DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1420 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 5 items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. c. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution shall be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
d. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies required or fees or transportation charges for the delivery of materials or supplies on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services.

7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBEs WILL COUNT TOWARDS DBE CREDIT UNDER THE FOLLOWING CONDITIONS:
a. The DBE must be responsible for the management and supervision of the entire trucking operation for which it is responsible on a particular agreement, and there cannot be a contrived arrangement for the purpose of meeting DBE credit.
b. The DBE must itself own and operate at least one fully licensed, insured, and operational truck used on the agreement.
c. The DBE receives credit for the total value of the transportation services it provides on the agreement using trucks it owns, insures, and operates using drivers it employs. d. The DBE may lease trucks from another DBE firm including an owner-operator who is certified as a DBE. A DBE who leases trucks from another DBE receives credit for the total value of the transportation services the lessee DBE provides on the agreement. e. The DBE may also lease trucks from a non-DBE firm, including an owner-operator. The DBE that leases trucks equipped with drivers from a non-DBE is entitled to credit for the total value of transportation services provided by non-DBE leased trucks equipped with drivers not to exceed the value of transportation services on the contract provided by DBE-owned trucks or leased trucks with DBE employee drivers. Additional participation by non-DBE owned trucks equipped with drivers receives credit only for the fee or commission it receives as a result of the lease arrangement.
f. The DBE may lease trucks without drivers from a non-DBE truck leasing company. If the DBE leases trucks from a non-DBE truck leasing company and uses its own employees as drivers, it is entitled to credit for the total value of these hauling services. g. For the purposes of this section, a lease must indicate that the DBE has exclusive use and control over the truck. This does not preclude the leased truck from working for others DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1421 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 6 during the term of the lease with the consent of the DBE, as long as the lease gives the DBE absolute priority for use of the leased truck. Leased trucks must display the name and identification number of the DBE.

8. TRANSIT VEHICLE MANUFACTURERS (TVM):
a. CITY OF SANTA MONICA shall require each Transit Vehicle Manufacturer (TVM), as a condition of being authorized to bid or propose on FTA-assisted transit vehicle procurements, to complete a TVM Certification Form acknowledging that it has complied with the requirements of 49 CFR 26.49 section. CITY OF SANTA MONICA shall maintain the TVM Certification Form on file for DBE Program compliance. CITY OF SANTA MONICA shall check the FTA Civil Rights webpage
(https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transitvehicle-manufacturers) to validate TVMs that have an FTA approved DBE program and overall goal submissions.
b. CITY OF SANTA MONICA is required to submit within 30 days of making an award, the name of the successful bidder, and the total dollar value of the contract in the manner prescribed in the grant agreement. The CITY OF SANTA MONICA will complete the TVM Report and will submit the report to FTA using the FTA Vehicle Award Form at the following website link: https://www.surveymonkey.com/r/vehicleawardreportsurvey.

9. DBE SUBCONTRACTING FLOW DOWN REQUIREMENTS:
a. CONTRACT ASSURANCE
Each contract you sign with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from future bidding as non-responsible. b. PROMPT PAYMENT PROVISIONS
The DBE Program, 49 CFR, Part 26, requires that any delay or postponement of payment over 30 days may take place only for good cause and with CITY OF SANTA MONICA’S prior written approval. The California Business and Professions Code, under Section 7108.5, requires that on public works projects, a prime contractor or subcontractor pay to any DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1422 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 7 subcontractor not later than seven (7) days after receipt of each progress payment, unless otherwise agreed to in writing. Any violation of this provision shall subject the violating Contractor or Subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or Subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a Subcontractor. Any delay or postponement of payment from the above-referenced timeframes may occur only for good cause following written approval from CITY OF SANTA MONICA. Failure to comply with this provision without prior approval from CITY OF SANTA MONICA will constitute noncompliance, which may result in the application of appropriate administrative sanctions, including, but not limited to, withholding of payment to the Contractor of two percent (2%) of the invoice amount due per month, for every month that full payment is not made in accordance with these prompt payment requirements.

Prompt Progress Payments to Subcontractors
Contractor will include a contract clause that will require Subcontractors to pay each lower tiered Subcontractor participating on the Project for satisfactory performance of its contract no later than 7 days from the receipt of each payment the Subcontractor receives from Contractor. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of CITY OF SANTA MONICA.

This clause applies to both DBE and non-DBE Subcontractors.

You must ensure prompt and full payment of retainage from the prime contractor to the subcontractor no later than 30 days after the subcontractor's work is satisfactorily completed.

Prompt Payment of Withheld Funds to Subcontractors
The CITY OF SANTA MONICA shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency.

Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor.

This clause applies to both DBE and non-DBE subcontractors. c. TERMINATION/SUBSTITUTION
The contractor must promptly notify the CITY OF SANTA MONICA, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1423 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 8 work and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor without prior written consent of the CITY OF SANTA MONICA. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the CITY OF SANTA MONICA. The contractor must give the DBE five days to respond to the contractor’s written notice and advise the CITY OF SANTA MONICA and the contractor of the reasons, if any, why it objects to the proposed termination of its subcontract and why the CITY OF SANTA MONICA should not approve the contractor’s action. If required in a particular case as a matter of public necessity (e.g., safety), the CITY OF SANTA MONICA may provide a respond period shorter than five days. The CITY OF SANTA MONICA shall review the termination/substitution request based on the reasons provided in 49 CFR 26.53. The contractor will include a contract clause stating: The contractor shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless the contractor obtains the written consent of the CITY OF SANTA MONICA and that, unless the written consent of the CITY OF SANTA MONICA is provided, the contractor shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE. d. FAILURE TO COMPLY
Failure of the Contractor to comply with any DBE requirement of 49 CFR Part 26 as amended, may subject Contractor to formal enforcement action or appropriate sanctions by CITY OF SANTA MONICA, such as the termination of the contract, progressive payment withholding until deficiencies are remedied, and any additional enforcement allowed by the contract.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1424 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 9 INSTRUCTIONS - BIDDER'S LIST OF SUBCONTRACTORS
(DBE AND NON-DBE)
(CONSTRUCTION CONTRACTS)
ALL PROPOSERS:

The U.S. Department of Transportation (DOT) requires CITY OF SANTA MONICA to maintain a “Bidders List” containing information about all firms (DBE and non-DBE) that bid, propose or quote on CITY OF SANTA MONICA’s DOT-assisted contracts, in accordance with 49 CFR Part 26.11, for use in the City of Santa Monica’s overall triennial DBE goal-setting process. Therefore, the Proposer shall provide the requested information for every firm who submitted a quote, bid, or proposal, including the primary Proposer, whether successful or unsuccessful in their attempt to obtain a contract:
a. Firm name;
b. Firm address;
c. Phone number
d. A description of the work that each DBE will perform; e. Range of annual gross receipts for the last year;
It is the Proposers responsibility to verify that the DBE(s) falls into one of the following six groups in order to count towards DBE credit: 1) Black American; 2) Asian-Pacific American; 3) Native American; 4) Hispanic American, 5) Subcontinent Asian American, and 6) Women.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1425 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1426 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1427 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1428 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1429 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 12 INSTRUCTIONS - LOCAL AGENCY PROPOSER DBE COMMITMENT

ALL PROPOSERS:

PLEASE NOTE: It is the proposer’s responsibility to verify that DBE(s) fall into one of the following groups in order to count towards Race-Neutral (RN) DBE credit: 1) Black Americans; 2) Asian-Pacific Americans; 3) Native Americans; 4) Hispanic Americans, 5) Subcontinent Asian Americans, and 6) Women. This information must be submitted with your proposal even if no DBE commitments are being proposed.

A “DBE” is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups: Black Americans, Native Americans, Asian-Pacific Americans, Hispanic American, Subcontinent Asian American, or Women.

The form requires specific information regarding the consultant contract: Local Agency, Location, Project Description, Proposal Date and Proposer’s Name.

The form has a column for the Work Item Number and Description or Services to be subcontracted to DBEs (or performed if the proposer is a DBE). The DBE prime contractors shall indicate all work to be performed by DBEs including work to be performed by its own forces, if a DBE. The DBE shall provide a certification number to the Consultant and notify the Consultant in writing with the date of decertification if their status should change during the course of the contract. Enter DBE prime consultant and subconsultant certification numbers. The form has a column for the Names of certified DBEs to perform the work (must be certified on the date proposals are due and include DBE address and phone number).

There is a column for the percent participation of each DBE. Enter the Total Claimed DBE Participation percentage of items of work submitted with proposal pursuant to the Special Provisions. (If 100% of item is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by the DBE.) The DBE Commitment Form must be signed and dated by the consultant submitting the proposal. Also list a phone number in the space provided and print the name of the person to contact.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1430 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1431 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 14 INSTRUCTIONS – SUMMARY OF MONTHLY DBE PAYMENTS

INFORMATION CITY OF SANTA MONICA
SUCCESSFUL PROPOSER:

The City of Santa Monica undertakes ongoing monitoring of prime payments to subcontractors over the course of any covered contract. Such monitoring activities will be accomplished through the following method:
a. Monthly reporting of prime contractor and subcontractor payments, review by the City of Santa Monica of compliance with prompt payment requirements, and follow up with prime contractors and subcontractors for explanations when prompt payment requirements are not met.

This form requires specific information regarding the disadvantaged business enterprise subcontractors paid on this construction contract.

The form must be completed for all DBEs for each monthly period. The form requires that the Reporting Period (month/year) be included. A Report Number should also be completed.

This field should include a sequential number with the first form having number “1”. The date prepared should also be included.

IMPORTANT: Identify all DBE firms that were paid during the reporting period for the project--including all DBEs listed on the DBE Commitment form, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the "List of Subcontractors" submitted with your bid.

There is a column for the “Dollars Paid This Month”. Enter the Total amount paid for each DBE firm for the reporting period. Also include the total amount paid to date, which shall include the amount paid for the current reporting period.

Include the Schedule Activity ID for construction contracts. Include a brief description for the type of work performed. The original dollar amount committed to the DBE firm should be included in the appropriate Column and any increase or decrease in the subcontract amount resulting from a change order shall be included in the “Dollar +/- resulting from Change order Activity” column.

CITY OF SANTA MONICA Form must be signed and dated by the prime contractor’s representative that is responsible for reporting DBE compliance matters. The form must be submitted no later than the 15th day of each month.
b. Use of an automated system that requires real time entry of payments to, and receipts by prime contractors and DBE subcontractors and regularly monitoring that system.

As described under the section above, when the City of Santa Monica utilizes an automated system to monitor payments, it will also use this system as a mechanism to ensure prompt payment. The following clause will be included in City of Santa Monica contracts when an automated system is used to monitor and ensure prompt payment to subcontractors:

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1432 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 15 Contractor shall report DBE subcontractor payment details to the City of Santa Monica using the web-based system by the 15th of each month. The web-based system allows contractors to manage their own subcontract information, maintain accurate contract information, and report subcontractor award and payment details online. E-copies of the Vendor User Guide are available to all vendors upon request. The web-based award and payment system is mandatory for Contractor to use unless City of Santa Monica provides written instructs otherwise. A Contractor account will be created after award, which will allow the Contractor to enter award and payment data into the web-based system. After award, Contractor will receive instructions on how to set up their account and enter required subcontractor data. Contractor is responsible for notifying subcontractors of the requirement to confirm subcontractor payments via the web-based system and shall include this requirement in any subcontracts under this contract. Contractor shall ensure subcontractors confirm payments on a timely basis.

DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1433 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 16 DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1434 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to 17 DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1435 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1436 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521 DocuSign Envelope ID: 334567A8-59A9-4A32-8A7A-7117809E16D2

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Packet Pg. 1437 Attachment: RAMCO - FTA_Construction_Contract_- EXECUTED (7693 : Approval of First modification to the construction contract 11521

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Packet Pg. 1438 Attachment: RAMCO - Californina_Levine_Act_Disclosure (7693 : Approval of First modification to the construction contract 11521 (CCS)

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Packet Pg. 1439 Attachment: RAMCO - Californina_Levine_Act_Disclosure (7693 : Approval of First modification to the construction contract 11521 (CCS)

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Packet Pg. 1440 Attachment: RAMCO - Oaks_Initiavire_Disclosure_Form (7693 : Approval of First modification to the construction contract 11521 (CCS) with City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.H
1 of 6
To: Mayor and City Council
From: Aileen Reynolds, Director, Housing and Human Services Department Subject: Award Contract with Los Angeles County Homeless Services and Housing Department for Predictive Prevention Pilot Utilizing a County Homelessness Prevention Unit Services Model in the City of Santa Monica Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of no possibility of significant effect pursuant to Section 15061(b)(3) (Common Sense Exemption) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to negotiate and execute an agreement with the Los Angeles County Homeless Services and Housing Department for implementation of a Predictive Prevention Pilot for the Housing and Human Services Department. This recommended award is made as an exception to the competitive bidding process pursuant to Section 2.24.250(i) and is for a total amount not to exceed $800,000 for one year, with future funding contingent on Council budget approval.

Summary
The Los Angeles County Homeless Services & Housing Department (HSH) Homelessness Prevention Unit (HPU) (Attachment A) is a Los Angeles County program that delivers direct services to residents who are at risk of losing their housing. HPU is an innovative, data-driven program and nationally recognized model for predicting and preventing homelessness amongst the County’s highest risk populations. Using predictive modeling developed by UCLA’s California Policy Lab (CPL), HPU proactively identifies the households at highest risk of homelessness and provides housing stabilization services including financial assistance and case management before homelessness occurs. Unlike traditional prevention programs, HPU does not rely on

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self-identification, referrals, or eviction notices, enabling the program to proactively reach residents who are historically underserved and disconnected from existing resources.

Beginning in late 2025, Homelessness Prevention and Intervention (HPI) Division staff engaged the LA County HPU regarding development of a Santa Monica-focused pilot partnership to administer HPU services to at-risk Santa Monica households. HPI staff subsequently presented the proposed pilot to the Measure GS Committee on February 2, 2026 (Attachment B) and incorporated committee feedback into the proposed program design.

Staff recommends that City Council authorize the City Manager to execute an agreement with the Los Angeles County for implementation of a Predictive Prevention Pilot. This recommended award is made as an exception to the competitive bidding process under the City’s Homelessness Emergency Proclamation (Attachment C) and pursuant to Section 2.24.250(i) of the Santa Monica Municipal Code and is for a total amount not to exceed $800,000 for one year.

Discussion
Santa Monica has long prioritized homelessness prevention as a central strategy for reducing housing instability and homelessness among vulnerable residents. Measure GS, approved by Santa Monica voters in 2022, established the Homelessness Prevention and Affordable Housing Fund to support homelessness prevention services, emergency income assistance, and programs “designed to preserve tenancies for vulnerable Santa Monica households.” In March 2025, Council approved the 2025–2030 Homelessness Strategic Plan (Attachment D), which identified expansion of homelessness prevention and tenant stabilization strategies as key priorities under the Prevention pillar.

Additionally, Santa Monica continues to experience significant housing instability among renter households due to rising housing costs and income insecurity. According to the City’s 2024 Renters’ Protection Program analysis prepared by Fetterman Dunn Consulting (Attachment E), approximately 70 percent of Santa Monica residents are

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renters, and more than 20 percent of renter households are severely housing costburdened with over 50 percent of their income being spent on rent. The analysis additionally identified substantial indicators of eviction risk within the community, including an estimated 1,412 Santa Monica households annually receiving a 3-day notice to pay or quit. Given all this, the City’s HPI Division has been seeking new programming to expand the City’s preventative supports for Santa Monica renters.

The HPU identifies households at high risk of homelessness through predictive modeling drawing from Los Angeles County data and then proactively outreaches those households to enroll them in targeted case management and financial assistance to stabilize their household and prevent homelessness. County-wide, more than 90 percent of households served through the HPU program retained housing following program participation, while enrollment has also been associated with a 71 percent reduction in use of crisis-response systems, such as street outreach and interim housing 18 months after discharge. In preparation for this pilot, HPU staff in partnership the CPL utilized predictive analytics to generate a Santa Monica-specific risk list of 513 City residents identified as highest risk of entering homelessness based on over 500+ risk factors to predict risk of homelessness including public benefits use, mental health holds, arrests and emergency room utilization. The proposed Predictive Prevention Pilot would then proactively engage 72 households to receive short-term housing stability case management, service linkages, and flexible financial assistance intended to prevent housing loss. The proposed Predictive Prevention Pilot will complement the City’s existing homelessness prevention continuum by implementing a proactive intervention strategy that identifies and engages households before housing crises escalate into eviction or homelessness. To engage at-risk households, HPU staff utilize assertive outreach strategies via phone call and physical mail to reach vulnerable households that may otherwise remain disconnected from existing homelessness prevention resources until a crisis has already occurred. Additionally, HPU staff for this Predictive Prevention Pilot will be equipped to coordinate and make referrals to existing City-funded homelessness prevention programs as needed, including the Right to Counsel Program and Flexible Financial Assistance Program, to support participating

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households with legal services, additional financial assistance, or other housing stabilization resources.

The existing Los Angeles County-operated HPU program does not currently provide dedicated services to Santa Monica households due to the program’s countywide service model and limited capacity. HPU’s countywide risk-list includes over 140,000 households, and current HPU operations serve approximately 700 households per year which are primarily provided in other areas of the County with concentrated need such as South Los Angeles. Therefore, City residents are not currently being systematically served through existing HPU operations, and this proposed pilot will create entirely new, dedicated resources for the City’s most vulnerable and renters who are not being served by other programs.

The proposed pilot aligns with the intent of Measure GS by utilizing Homelessness Prevention and Affordable Housing funds for ongoing or emergency income assistance and programs designed to preserve tenancies for the most vulnerable Santa Monica households. This pilot would enhance the Los Angeles County’s HPU model by embedding the program within Santa Monica’s localized and coordinated existing homelessness prevention continuum and utilizing County program data to inform the City’s future homelessness prevention strategy.

The proposed pilot will utilize the County’s existing operational HPU infrastructure, staffing model, and service delivery systems, allowing for rapid implementation with minimal start-up time and administrative costs. The County will provide quarterly reporting to the City regarding outreach efforts, enrollment, housing stability outcomes at program completion, service linkages, and financial assistance utilization.

The proposed one-year agreement amount is not to exceed $800,000 – a relatively modest investment against the total Measure GS budget dedicated to homelessness prevention programs. Approximately $460,000 of the proposed budget would support “income assistance” and the remaining $340,000 would support “services preserving tenancies” which includes staffing and operational costs.

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The pilot model is intended to allow the City to evaluate the effectiveness, operational feasibility, and local applicability of proactive predictive homelessness prevention strategies prior to consideration of any future expansion.

Vendor Selection
Exception to Competitive Bidding
Staff recommends the Los Angeles County Homeless Services and Housing Department to provide Predictive Prevention Pilot services Inc. as an exception to competitive bidding per the Procurement Division approved ECB#440 pursuant to Muni Code 2.24.240 (i). i. A solicitation is made under the emergency procedures set forth in Section 2.24.240 Past Council Actions
Meeting Date Description
03/11/2025 (Attachment D) City of Santa Monica Homelessness Strategic Plan 2025-2030.

Environmental Review
The proposed agreement is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. The agreement is covered by the common-sense exemption which states that CEQA does not apply “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The agreement would provide homelessness prevention case management and financial assistance services and would not result in adverse physical environmental impacts. Therefore, the activity is exempt from CEQA and no further environmental review is required.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the Measure GS Fund to support implementation of the Predictive Prevention Pilot Program through an agreement with the Los Angeles County HSH HPU. A request to appropriate Measure GS funds for FY 2026-27 is included in proposed adjustments to the FY

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2026-27 exception-based budget.

Agreement Request
FY 2026-27
Request Amount
FY 2026-27
Department Account #
Total Agreement
Amount
$460,000 29800001.556220 (Income Assistance)
$800,000
$340,000 29800001.556230 (Tenancy Preservation)
Prepared By: Alana Riemermann, Senior Human Services Analyst Approved Forwarded to Council
Attachments:

A. Attachment A - Los Angeles County Homeless Services & Housing Department (HSH) Homelessness Prevention Unit (HPU) website -
https://homeless.lacounty.gov/homelessness-prevention-unit/ B. Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal C. Attachment C - Resolution Declaring Local Emergency on Homelessness D. Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 E. Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting
F. Written Comments

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LA Votes
IT'S ELECTION DAY: Official Vote Centers and Ballot
Drop Boxes are open until 8 PM! Visit
to find a nearby location and
make your voice heard.

LOCATOR.LAVOTE.GOV
Home > Homelessness Prevention Unit
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Prevention Unit
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Provider Resources

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Packet Pg. 1447 Attachment: Attachment A - Los Angeles County Homeless Services & Housing Department (HSH) Homelessness Prevention Unit (HPU) 712 households served
90% of HPU clients retained housing or transitioned to
other permanent housing at program exit
Launched in 2021, the Homelessness Prevention Unit (HPU) is a proactive, data-driven program designed to identify
households at high risk of falling into homelessness and to test strategies to prevent their homelessness. Households are identified through predictive modeling by UCLA’s
.

California
Policy Lab
HPU staff work with clients over four to six months to help stabilize their housing and improve their overall health. The program also provides flexible financial assistance that can pay for rent, utility payments, vehicle repair, and debt resolution. Individuals and families are also linked to health and mental health services, substance use treatment,
benefits advocacy, legal aid, employment assistance, and education.

From January 1 to December 31, 2024:

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Packet Pg. 1448 Attachment: Attachment A - Los Angeles County Homeless Services & Housing Department (HSH) Homelessness Prevention Unit (HPU) Learn more about the Homelessness
Prevention Unit:
(LA Times)
(California
Policy Lab)
A computer model predicts who will become homeless in
L.A. Then these workers step in
The Homelessness Prevention Unit: A Proactive Approach to Preventing Homelessness in Los Angeles County

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Packet Pg. 1449 Attachment: Attachment A - Los Angeles County Homeless Services & Housing Department (HSH) Homelessness Prevention Unit (HPU) D
on'tmissanupdate. Subscribetothe
newsletternow.

First Name Last Name Email Address
Subscribe

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Packet Pg. 1450 Attachment: Attachment A - Los Angeles County Homeless Services & Housing Department (HSH) Homelessness Prevention Unit (HPU) Measure GS Staff Proposal:

Predictive Prevention Pilot
Homelessness Prevention & Intervention (HPI) Division
Tee Martin

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Packet Pg. 1451 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :
• Present staff
-recommended
Measure GS-funded Predictive
Prevention Pilot program
in partnership with
LA County Homelessness
Prevention Unit (HPU)
• Receive committee feedback and
support determination for moving
forward with implementing
program
2 Agenda & Purpose

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Packet Pg. 1452 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :
3 LA County Homelessness Prevention Unit
The Homelessness Prevention Unit (HPU) is a data-driven program launched in 2021 by Los Angeles County's Department of Health Services. The HPU identifies households at high risk of homelessness through predictive modeling drawing from County data and then proactively outreaches those households to enroll them in targeted case management and financial assistance to stabilize their household and prevent homelessness.

Targeted Data-Driven Proactive Measurable Innovative

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Packet Pg. 1453 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :
• Client Identification
• Partners with UCLA’s California Policy Lab (CPL); using AI and data analytics to predict who is most likely to lose their housing in the next 12 months
• Predictive model uses 500+ factors: DHS Emergency Rooms, DMH Crisis Stabilization Holds, DPSS Benefits, LASD Arrests
• Identified High-Risk households are outreached to via phone and mail outreach with a 43% enrollment rate
• Case Management
• 4-6 months of housing stability case management
• Referrals to supportive services such as employment assistance, mental health, legal assistance • Case manager caseloads of 1:15
• Financial Assistance
• Up to $8,000 per household, $6,500 average per client household • Client-centered with parameters and collaboration from case management Homelessness Prevention Unit Interventions

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Packet Pg. 1454 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :

Short
-term: 90% of
HPU clients (n =
1500+) retain their
Permanent Housing
at time of program
exit
Long-term:

Enrollment in the
HPU is associated
with a 71% decrease
in the use of street
outreach or interim
housing 18 months
after discharge
Lower rates of any
observed
homelessness,
mental health crisis
stabilization, and
criminal justice
involvement
More to come in RCT
(published by CPL in
early 2027)
LA County HPU Impact

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Packet Pg. 1455 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :

One-year pilot partnership with LA County HPU
Timeframe intended to be FY26-27, option to renew
Proactively serve approximately 72 at-risk Santa Monica households annually with HPU interventions...

Proposed Santa Monica Pilot – Predictive Prevention Pilot Client Identification
o Tailor predictive analytics to identify at-risk households in Santa Monica Case Management
o 4-6 months of case management trained on local Santa
Monica service landscape and integration with RtC and FFA programs Financial Assistance
o $8,000 maximum financial assistance per household

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Packet Pg. 1456 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :

Budget
• Total Measure GS Request: ~$800,000
• Majority of funds (estimated 60%) go to financial assistance Staffing
• 2 full-time case managers
• 1 half-time resource navigator + supervisory oversight Reporting (Quarterly)
• Households served
• Housing stability at exit
• Use of financial assistance
Budget, Capacity & Reporting

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Packet Pg. 1457 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :
9 Alignment with Measure GS & City Priorities
Measure GS
• Aligns with utilization of Homelessness Prevention & Affordable Housing Funds • Complements existing Measure GS-funded reactive prevention efforts (RtC, FFA) by implementing proactive outreach and prevention
Homelessness Strategic Plan
• Aligns with strategic pillar of Prevention's, objective #3 of expanding and promoting tenant-protection resources
Realignment Plan
• Aligns with strategic priority of Developing Affordable, Livable, & Secure Housing for All through securing housing for most vulnerable Santa Monica households

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Packet Pg. 1458 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :

City staff invites Measure GS
Committee feedback and
deliberation of next steps.
10 Feedback & Next Steps

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Packet Pg. 1459 Attachment: Attachment B - Predictive Prevention Pilot Measure GS Staff Proposal (7695 :
1 City Council Meeting: May 12, 2026 Santa Monica, California RESOLUTION NUMBER 11758 (CCS)
City Council Series)

AN EMERGENCY RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA RATIFYING THE 2025 PROCLAMATION OF THE

CITY COUNCIL OF THE CITY OF SANTA MONICA DECLARING A LOCAL

EMERGENCY ON HOMELESSNESS
WHEREAS, Santa Monica Municipal Code Chapter 2.16 empowers the City Manager, as the Director of Emergency Services (“ Director”), to request that the City Council proclaim the existence or threatened existence of a local emergency if the City Council is in session; and
WHEREAS, on February 14, 2023, the City adopted a Proclamation Declaring a Local Emergency on Homelessness due to the homelessness crisis in the region, which continues to grow, leading to deplorable living conditions and illness and deaths of unhoused and unsheltered persons in the region, which was extended to May 31, 2024; and
WHEREAS, on May 14, 2024 the City adopted a further Proclamation Declaring a Local Emergency on Homelessness ( the “ 2024 Proclamation”), which was utilized to advance several key initiatives related to homelessness; and WHEREAS, based on the 2024 Point-In-Time Homeless Count (“ 2024 PITC”) data, there were 75,312 people experiencing homeless in Los Angeles County; and WHEREAS, based on the 2024 PITC data for Service Planning Area 5 (SPA 5), the SPA Santa Monica is in, there were 5,383 people experiencing homelessness; and WHEREAS, based on the 2024 PITC data, there were 774 people experiencing homelessness in Santa Monica; and
Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1460 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) 2 WHEREAS, the Los Angeles County Metropolitan Transportation Authority ( Metro) conducted an End of Line Survey in January 2025, and found 39 unhoused persons were unsheltered at the Santa Monica Downtown Metro Station given Metro’ s current End of Line policy, which requires deboarding of all passengers and belongings at the end of the line when trains go out of service; and
WHEREAS, according to a U.S. Department of Health and Human Services report published in October 2023, the fastest growing group in the nation’ s population of people experiencing homelessness is older adults, composing nearly half of the homeless population nationwide, and a number that is expected to triple by 2030, and older adult homelessness has increased by 25% in the Los Angeles Continuum of Care between 2020 and 2024; and
WHEREAS, a California Statewide Study of People Experiencing Homelessness CASPEH) found that high housing costs and low income left participants vulnerable to homelessness, and that the most common reason for leaving housing was economic; and WHEREAS, the Los Angeles County’ s COVID- 19 Eviction Moratorium that protected tenants from eviction who were under 80% of Area Median Income who were unable to pay rent due to the pandemic expired March 31, 2023, and tenants had up to twelve ( 12) months to repay past due rent owed to avoid risk of eviction; and WHEREAS, the number of eviction lawsuits provided to the Santa Monica City Attorney’ s office in 2024 increased by over 28% from the number provided in 2023, with

84.8% of 2024 eviction lawsuits based on nonpayment of rent, suggesting even more tenants at risk of eviction and homelessness than in 2023; and Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1461 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) 3 WHEREAS, on March 11, 2025, because the conditions that existed at the time the 2024 Proclamation was adopted persist, the City Council adopted the 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness ( the “2025 Proclamation”); and
WHEREAS, the 2025 Proclamation extends the local emergency on homelessness through December 31, 2026, and allows the City to expeditiously increase City services and programs to address and prevent homelessness; and WHEREAS, specifically, the extension of the local emergency effectuated by the 2025 Proclamation enables the City to, among other things, receive additional county, state, and federal resources to address the homelessness crisis, prevent rental price gouging, streamline and expedite certain City processes, leverage City resources to support people who are experiencing homelessness or at risk of experiencing homelessness or to address local impacts of homelessness, and to allow the City Manager to take all available actions authorized under Santa Monica Municipal Code Chapter 2.16; and
WHEREAS, on April 22, 2025, the City Council adopted Resolution Number 11658 CCS), ratifying the 2025 Proclamation; and
WHEREAS, on June 10. 2025, the City Council adopted Resolution Number 11669 CCS), on July 29, 2025, the City Council adopted Resolution Number 11686 ( CCS), on September 9, 2025, the City Council adopted Resolution Number 11697 ( CCS), on October 28, 2025, the City Council adopted Resolution Number 11712 ( CCS), on December 16, 2025, the City Council adopted Resolution Number 11726 ( CCS), on February 10, 2026, the City Council adopted Resolution Number 11738 ( CCS), and on Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1462 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) 4 March 24, 2026, the City Council adopted Resolution Number 11742 ( CCS) re-ratifying the 2025 Proclamation; and
WHEREAS the findings included in the 2025 Proclamation are included herein as if stated in full.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The 2025 Proclamation of the City Council of the City of Santa Monica Declaring a Local Emergency on Homelessness (“ Exhibit A”) is hereby ratified.

SECTION 2. It is hereby proclaimed that a local emergency now exists throughout the City. It is further proclaimed and ordered that during the existence of this local emergency the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by State law and by the ordinances and resolutions of this City.

SECTION 3. The City Council authorizes the City Manager, in capacity as the Director of Emergency Services, to take all actions related to the protection of life and property that are reasonably necessary to respond to the local emergency.

SECTION 4. The local emergency shall be deemed to continue and exist until December 31, 2026, unless its termination is earlier proclaimed by the City Council. As required by law, the City Council shall review the need to continue the state of emergency every 60 days until this resolution is terminated.

SECTION 5. If any section, subsection, sentence, clause, or phrase of this Resolution, or the 2025 Proclamation ratified herein is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1463 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) 5 not affect the validity of the remaining portions of this Resolution or the 2025 Proclamation. The City Council hereby declares that it would have passed this Resolution and the 2025 Proclamation and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

HEIDI VON TONGELN
City Attorney
Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1464 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Exhibit A to Resolution No. 11758 ( CCS)
2025 Proclamation Declaring a Local Emergency on Homelessness Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1465 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1466 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1467 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1468 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1469 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1470 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1471 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1472 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1473 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) 6 Adopted and approved this 12th day of May 2026.

Caroline Torosis, Mayor
I, Denise Anderson- Warren, Interim City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11758 ( CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 12th day of May 2026, by the following vote:

AYES: Councilmembers Hall, Raskin, Snell, Zernitskaya, Negrete, Mayor Torosis, Mayor Pro Tem Zwick
NOES: None
ABSENT: None
ATTEST:

Denise Anderson- Warren, Interim City Clerk
Docusign Envelope ID: 19B2967E- FCF5- 8C6F-802A-335259D31BC0

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Packet Pg. 1474 Attachment: Attachment C - Resolution Declaring Local Emergency on Homelessness (7695 : Homelessness Prevention Unit (HPU)) 2025-2030
Homelessness Strategic Plan

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Packet Pg. 1475 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

EXECUTIVE

SUMMARY
Homelessness Strategic Plan

OVERVIEW
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BACKGROUND
,QWKH&LW\FRPPLVVLRQHGDKRPHOHVVQHVVVWXG\IURPWKH&LW\¶V$XGLWRU0RVV$GDPVZKLFKHYDOXDWHG Santa MonLFD¶VKRPHOHVVQHVVUHVSRQVHDQGSUHYHQWLRQHIIRUWVLQFOXGLQJWKH&LW\¶VSODQQLQJUHSRUWLQJDQG FRPPXQLFDWLRQHQYLURQPHQWWKHIHGHUDOVWDWHDQGUHJLRQDOVHUYLFHHQYLURQPHQWDQG&LW\LQWHUYHQWLRQVDQG UHVRXUFHXWLOL]DWLRQ$WWKHWLPHWKHVWXG\ZDVGHYHORSHGWKH&LW\RUJDQL]HGHIIRUWVDURXQG)RXU6WUDWHJLF 3LOODUV3UHYHQWLRQ%HKDYLRUDO+HDOWK6DIH3XEOLF6SDFHVDQG5HJLRQDO&RRUGLQDWLRQWRSURYLGHDIUDPHZRUN IRUWKH&LW\¶VVSHFL¿FREMHFWLYHVUHODWHGWRKRPHOHVVQHVV7KHVHSLOODUVUHSUHVHQWWKHRQJRLQJHIIRUWVWKH&LW\ KDVPDGHWRDGGUHVVDQGSUHYHQWKRPHOHVVQHVVIRUGHFDGHV 7KH0RVV$GDPVVWXG\UHFRPPHQGHGWKDWWKH&LW\GHYHORSD+RPHOHVVQHVV6WUDWHJLF3ODQ +63
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RECOMMENDATIONS
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Pillar 1: Prevention
Goal: Help prevent housed Santa Monicans from becoming homeless through responsive service provision and increasing diverse housing supply so every resident can afford to remain in Santa Monica.

Pillar 2: Intervention
Goal: Minimize the length and severity of homelessness and its impacts on the community by providing effective supportive services.

Pillar 3: Coordination
Goal: Collaborate with key partners in the region and advocate for policies at the local, state, and federal levels to advance strategic goals and help ensure equitable allocation of services and resources.

Pillar 4: Communication
*RDO
&RRUGLQDWHFRPPXQLFDWLRQWRFOHDUO\FRQYH\WKH&LW\·VKRPHOHVVQHVVUHVSRQVHDQGRXWFRPHV and promote community input.
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Packet Pg. 1476 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

HOW DID WE ARRIVE AT
THIS PLAN?
Homelessness Strategic Plan
October 2023
HSP Project Launch
November – December 2023
• Completed environmental scan
to inform HSP development
• Interviewed internal stakeholders
• Conducted inter-departmental
policy review sessions
January – February 2024
• Developed Mission, Vision, Values,
Goal Statements, and Objectives
with City department heads
• Developed performance measures March – August 2024
• Refined Goal Statements,
Objectives and Performance Measures
• Finalized core components
September – October 2024 and narrative content
• Reviewed HSP draft with
City department heads
• Conducted community engagement sessions
with external stakeholders including
Commissions and Service Providers November – December 2024 • Incorporated feedback from
internal and external stakeholders
First Quarter 2025
Presentation of HSP
to City Council
Second Quarter 2025
HSP Implementation Begins

4.H.d
Packet Pg. 1477 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

HOW DID WE ARRIVE AT
THIS PLAN?
Homelessness Strategic Plan
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Packet Pg. 1478 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

MISSION VISION VALUES
Mission Values
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5 4.H.d
Packet Pg. 1479 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU)) 6 STRATEGIC

PILLARS
Homelessness Strategic Plan
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6 4.H.d
Packet Pg. 1480 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

PREVENTION
Our Goal
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Homelessness challenges across the state are largely driven by the rising costs of housing. Santa Monica and other communities LQ&DOLIRUQLDKDYHVHHQDVLJQL¿FDQWLQFUHDVHLQUHQWDOFRVWVDQG home prices without comparable wage increases. As the City looks to address homelessness, it is equally important to ensure housed Santa Monicans remain in safe, affordable housing and do not become unhoused.

OBJECTIVE 1
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OBJECTIVE 2
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&RQGXFWDQRQJRLQJQHHGVDVVHVVPHQWDQG¿VFDODQDO\VLVIRFXVHGRQVHYHUHO\ UHQWEXUGHQHGVHQLRU6DQWD0RQLFDUHVLGHQWVZKRDUHQRWFXUUHQWO\EHLQJVHUYHG E\32'
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4.H.d
Packet Pg. 1481 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

PREVENTION
Homelessness Strategic Plan
OBJECTIVE 3
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OBJECTIVE 4
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4.H.d
Packet Pg. 1482 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

PREVENTION
Homelessness Strategic Plan
OBJECTIVE 5
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4.H.d
Packet Pg. 1483 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

INTERVENTION
Our Goal
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If a person does become unhoused, it is paramount to make sure it is brief and non-recurring. The City has invested in a variety of resources to support residents in accessing physical and behavioral healthcare and interim housing. The City also supports departments in creating clean and healthy public spaces, addressing encampments, and conducting outreach to people experiencing homelessness, and leveraging local and regional resources to ensure services and outreach are happening city-wide.

OBJECTIVE 1
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4.H.d
Packet Pg. 1484 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

INTERVENTION
Homelessness Strategic Plan
OBJECTIVE 2
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OBJECTIVE 3
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4.H.d
Packet Pg. 1485 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

INTERVENTION
Homelessness Strategic Plan
OBJECTIVE 4
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4.H.d
Packet Pg. 1486 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

COORDINATION
Our Goal
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7KH&LW\KDVLQYHVWHGVLJQL¿FDQWWLPHDQGUHVRXUFHVLQWR developing and implementing programs and resources to support both housed and unhoused residents. However, the lack of affordable housing, lack of necessary housing stock, and strained support systems across LA County – paired with a regional homelessness crisis – means the City alone cannot fund and support programs to address the challenge. Leveraging funding and resources from regional, state, and federal partners is crucial to the City’s success. Municipal borders are porous, and there LVDGDLO\LQÀX[DQGRXWÀX[RIXQKRXVHGSHRSOHLQ6DQWD0RQLFD &LW\UHVRXUFHVDORQHDUHLQVXI¿FLHQWWRPHHWFXUUHQWGHPDQG Involvement in regional planning efforts helps to coordinate and plan resources and advocate for funding to provide a coordinated response to addressing homelessness across communities.

OBJECTIVE 1
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4.H.d
Packet Pg. 1487 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

COORDINATION
Homelessness Strategic Plan
OBJECTIVE 2
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4.H.d
Packet Pg. 1488 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

COORDINATION
Homelessness Strategic Plan
OBJECTIVE 5
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4.H.d
Packet Pg. 1489 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

COMMUNICATION
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City departments have been working collaboratively to provide a coordinated, consistent, and supportive approach to outreach and services. The City has been focused on identifying
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OBJECTIVE 1
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4.H.d
Packet Pg. 1490 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

COMMUNICATION
Homelessness Strategic Plan
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4.H.d
Packet Pg. 1491 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU)) What's Next? Homelessness Strategic Plan
%XLOWWRHQGXUHWKHFKDQJHVRID¿YH\HDUSHULRGZKLOHVWD\LQJUHOHYDQWWKLVVWUDWHJLFSODQ communicates what the City will focus on to achieve the vision and goals of our homelessness response. With the strategic plan in place, the City will create an implementation plan to translate the strategic pillars, goals, and objectives into actionable steps with assigned UHVSRQVLELOLWLHVHVWDEOLVKHGWLPHOLQHVGH¿QHGSULRULWL]DWLRQPHWULFVDQGHVWLPDWHGIXQGLQJ and staff resources it will take to put the plan into action. This will allow city departments to work together to achieve the desired future. As needs or opportunities shift over time, the City expects to address changes within the yearly implementation plan and the City’s budget priorities. In addition to tracking progress, the City will continue to audit and monitor the effectiveness of homelessness programs and services which will help inform the annual evaluation of the HSP. Community members can expect to understand what we are working on and the outcomes via the public dashboards.

Keeping Track of Progress
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4.H.d
Packet Pg. 1492 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU))

What's Next?
Homelessness Strategic Plan

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4.H.d
Packet Pg. 1493 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU)) H
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4.H.d
Packet Pg. 1494 Attachment: Attachment D - City of Santa Monica Homelessness Strategic Plan 2025-2030 (7695 : Homelessness Prevention Unit (HPU)) 1 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206
RENTERS’

PROTECTIONS
PROGRAM –

FINAL REPORT
JULY 8, 2024

CITY OF SANTA MONICA

ANALYSIS, KEY FINDINGS,

AND RECOMMENDATIONS

4.H.e
Packet Pg. 1495 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 : Homelessness Prevention Unit (HPU)) 2 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206
Table of Contents
INTRODUCTION……………………………………………………………………………………………………........................................ 3 BACKGROUND…………………………………………………………………………………………………………………………………………. 5 SITUATIONAL ANALYSIS……………………………………………………………………………………………………………………… 6 Stakeholder Interviews…………………………………………………………………………………………………………….. 6 Right to Counsel……………………………………………………………………………………………………………..6 Flexible Financial Assistance……………………………………………………………………………………….. 7 Priority Populations……………………………………………………………………………………………………….. 8 Data………………………………………………………………………………………………………………………………………………… 9 Unlawful Detainer Filings – Superior Court of Los Angeles County…………………… 9 Unlawful Detainers – Landlord Filings with City Attorney’s Office……………………….10 3-Day Notices to Pay or Quit – Landlord Filings with City Attorney’s Office…….11 Conclusion: Estimating Need……………………………………………………………………………………….12 Other Program Models………………………………………………………………………………………………………………13 Right to Counsel………………..……………………………………………………………………………………………14 Long Beach……………………………………………………………………………………………………….. 14
Philadelphia………………………………………………………………………………………………………..14 San Francisco…………………………………………………………………………………………………….15
Flexible Financial Assistance…………………………………………………………………………………………16 Boulder………………………………………………………………………………………………………………. 16
Philadelphia………………………………………………………………………………………………………. 17 San Francisco…………………………………………………………………………………………………… 17
Additional Considerations………………………………………………………………………….………………….18 KEY FINDINGS……………………………………………………………………………………………………………………………………………19 RECOMMENDATIONS…………………………………………………………………………………………………………………………….21 EHXIBITS………………………………………………………………………………………………………………………………………………………25 Exhibit A: Project Contributors……………………………………………………………………………………………… 26 Exhibit B: Overall Program Design………………………………………………………………………………………… 28 Exhibit C: Right to Counsel Services…………………………………………………………………………………….29 Exhibit D: Flexible Financial Assistance Services………………………………………………………………34 Exhibit E: Budget Detail and Justification……………………………………………………………………………37

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City of Santa Monica
RENTERS’ PROTECTIONS PROGRAM: ANALYSIS, KEY FINDINGS,

AND RECOMMENDATIONS

INTRODUCTION
On August 16, 2023, Santa Monica’s City Council presented Item 16: Protecting Santa Monica’s Vulnerable Renters1 (“Item 16”) whereby they asserted the need for “recommendations for programs and ordinances to protect the 70 percent of Santa Monicans who are renters amidst record evictions.” Though the City provides human and housing services, Item 16 directs the City Manager to build upon this work by conceptualizing a comprehensive tenant right to counsel program that includes flexible financial assistance.

In pursuit of Santa Monica’s goal to enhance renters’ protections, Fetterman Dunn Consulting conducted a situational analysis that includes insights from key stakeholders, evaluation of local data, and research of exemplary program models. The results of the analysis informed recommendations for right to counsel and flexible financial assistance programming for those at-risk of eviction, including:
• Needed resources and estimated costs for program development and implementation • An approach for phasing implementation and prioritizing sub-populations most at-risk of eviction
• A description of services needed to support program participant stabilization and limit evictions
As documented in this report, the City of Santa Monica has opportunities to additionally prevent displacements of vulnerable renters by investing in the strategies itemized below.

Right to Counsel Services
• Educate Santa Monica tenants about renters’ protections programming, including both right to counsel and flexible financial assistance services, through community outreach • Educate tenants about their rights, and connect those in need of services with tenantfocused organizations supporting Santa Monicans • Provide access to full-scope legal representation for renters’ eviction defenses, inasmuch as funding enables full-scope legal representation • Continue to provide access to full-scope legal representation until an eviction notice or unlawful detainer complaint is withdrawn, the case is dismissed, or a judgement in the matter is entered
1 https://santamonicacityca.iqm2.com/Citizens/Detail_LegiFile.aspx?Frame=&MeetingID=1377&MediaPosition=&ID= 5930&CssClass=

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• Provide access to limited services, such as advice, filing an answer on behalf of a tenant, and completing fee waivers, when funding does not enable full-scope services • Provide eviction prevention financial assistance for unlawful detainer involved tenants to preserve their tenancy or enable their relocation to another residence, if needed Flexible Financial Assistance Services
• Educate Santa Monica tenants about flexible financial assistance services, as part of the right to counsel team’s community outreach
• Provide one time, shallow, and deep rental supports to vulnerable populations at high risk of housing instability, at or before receiving a 3-day notice to pay or quit • Provide supportive services to address additional household needs that are contributing to housing instability
• Flexible financial assistance should, inasmuch as possible, leverage other City of Santa Monica programming, such as Housing and Human Services
The keys for program development include:
1) Phasing implementation and providing multi-year funding Five-Year Projection
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Right to Counsel
Households 200 240 320 400 472
Expense* $4,805,085 $5,766,102 $7,688,136 $9,610,170 $12,096,000 Flexible Financial Assistance
Households 283 566 849 1,132 1,412
Expense* $2,076,714 $4,153,428 $6,230,141 $8,306,855 $10,372,919 City Program Administration
Expense $163,954 $163,954 $218,605 $218,605 $284,187
TOTAL COST $7,045,753 $10,083,484 $14,136,882 $18,135,630 $22,753,106 *Expense line item includes costs for contractors, program development, and implementation 2) Establishing and maintaining partnerships for service delivery a. Recruit and develop qualified providers to expand the delivery network, particularly in service areas where availabilities do not meet demands for programming b. As part of this work, the City of Santa Monica should help prospective and current qualified providers through application and/or contract amendment processes By prioritizing these activities, the City of Santa Monica will, as envisioned by City Council, enhance renters’ protections and build capacities to “protect the 70 percent of Santa Monicans who are renters amidst record evictions.”

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BACKGROUND
A significant number of renters in the City of Santa Monica are at-risk of eviction as housing costs are rising faster than household incomes. According to data from the U.S. Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (2016- 2020), more than 6,700 Santa Monica renter households, or 20.5%, are considered severely housing cost burdened (defined as spending 50% or more of their income on rent and utilities).

When considering the impact of income on housing stability, the data shows even more Santa Monicans are deemed at-risk with 32% of renters having incomes less than 80% of area median income and spending more than 30% on housing.

Item 16 includes research highlighting the unprecedented economic challenges created by the pandemic that have further contributed to housing instability. The report notes, in cities such as Santa Monica, the pandemic exacerbated already high housing costs and put greater pressure on tenants—many of whom are considered at high risk of homelessness. The national eviction crisis, however, existed long before COVID-19, with over 3.6 million evictions filed each year.
2 The impact of evictions is far reaching. Evictions undermine housing stability and contribute to losses of mental and physical health, child custody, education attainment, and employment.3 Historic inequalities also contribute to the eviction crisis. Black and Hispanic renters experience the risk of eviction two times more than white tenants.4 Procedurally, as reported by the National Coalition for a Civil Right Counsel’s John Pollock, “…representation in eviction cases is greatly imbalanced: on average, 3% of tenants are represented nationwide, compared to 81% of landlords.”5
Rental market conditions also contribute to eviction risk, especially for long-term tenants in rent-controlled units. The Santa Monica Rent Control Board’s 2023 Annual Report states 21% (5,889) of rent-controlled units are occupied by long-term tenants, defined as units occupied by tenants who moved in before January 1, 1999. These tenants are particularly vulnerable to eviction as they pay significantly lower rent compared to market-rate tenants. A review of median maximum allowable rents in Santa Monica’s rent-controlled units shows most marketrate median rents are nearly 150% higher than long-term tenant median rents.6 When a rentcontrolled unit is vacated, the owner can set a new, much higher market-rate rent, incentivizing evictions of long-term tenants.
2 Gromis, Ashley, Eviction: Intersection of Poverty, Inequality, and Housing; Eviction Lab, Princeton University 3 Ibid 4 Wedeen, Sophia (2021) Black and Hispanic Renters Face the Greatest Threat of Eviction in Pandemic, Joint Center for Housing Studies of Harvard University
5 Pollock, John (2023) 14-1 Advancing Tenant Protections: The Right to Counsel for Tenants Facing Eviction, National Low Income Housing Coalition
6 City of Santa Monica: Santa Monica Rent Control Board Annual Report (2023)

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These risk indicators underscore the importance of enhancing tenant protections. Research consistently concludes that without legal representation tenants almost always lose their cases. Furthermore, as nonpayment of rent is the leading cause of evictions, it is critical that legal representation be coupled with financial assistance for interventions to be effective. The University of California San Francisco’s 2023 statewide study of people experiencing homelessness reports expanding targeted services, including financial assistance and legal support, is a key strategy for preventing homelessness.7

SITUATIONAL ANALYSIS
The situational analysis includes representative perspectives from dozens of Santa Monica stakeholders who are invested in the overall health, vibrancy, and diversity of their community.

The analysis also includes an in-depth review of locally available data and is informed by experts in other communities where renters’ protections programs have been successfully implemented. Refer to Exhibit A for a list Project Contributors.

Stakeholder Interviews
Key informant interviews leveraged City relationships with aligned and impactful organizations and established an inclusive process for interested stakeholders to contribute to the process.

Twenty-five (25) in-depth interviews were conducted with 53 participants across: Government agencies; Legal, housing, and social services providers; Tenant advocate groups; and Resident groups. Interview questions focused on understanding perspectives on current needs, barriers, and priority populations in relation to right to counsel and flexible financial assistance programming.

Right to Counsel
The City of Santa Monica has a decades-long relationship with the Legal Aid Foundation of Los Angeles to support a myriad of civil legal needs for Santa Monicans. While these legal services have historically included landlord/tenant issues, in July 2021, the City expanded these services through a right to counsel pilot program. During the first two years of the pilot, the program provided 199 Santa Monica tenants with legal services ranging from full scope representation to limited counsel and advice.8 High demand for right to counsel services led to a funding award increase, effective July 1, 2023, to enable the Legal Aid Foundation of Los Angeles to add an additional attorney to the program.
7 Kushel, Margot and Moore, Tiana, et al (2023) Toward a New Understanding: The California Statewide Study of People Experiencing Homelessness, University of California San Francisco 8 Based on FY 22 and FY 23 annual program reports found at: https://www.santamonica.gov/human-servicesgrants-program-reports

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Perspectives on right to counsel programming were primarily provided by legal services providers, residents, and government agencies. Many of these stakeholders noted equitable access to services as a priority. Income limits and documentation status were frequently cited as barriers to accessing legal services. Income limits were seen as both administratively burdensome and too exclusionary in a market with comparably high incomes and significantly high rent rates. And while Basta Universal provides legal services for undocumented households in Santa Monica, most interview participants were unaware of their offerings.

Advocates and residents further emphasized the need for enhanced community outreach and legal education with the recognition that the program will only achieve its goal of preventing evictions if tenants are aware of the services available to them. Additionally, tenant education is seen as a preventative tool that enables tenants to make more informed decisions. As noted by a representative from Santa Monicans for Renters Rights – Determining when to offer right to counsel programming was also an important consideration.

Legal experts emphasized that the earlier an attorney gets involved in a case the better, citing it is possible in Santa Monica to start at the notice stage of proceedings if capacity constraints are addressed. Due in part to funding limitations, capacity constraints are also due to attorney shortages. It was recognized through conversations with groups, such as Basta, Inc., that there are opportunities to address issues caused by attorney shortages by expanding the network of contracted providers. These additional providers need to be engaged during implementation planning to determine how they can best support Santa Monica’s right to counsel services.

Additionally, stakeholders are asking for right to counsel services that are broad enough to provide full scope representation for those who need it or limited services for those who do not. This point was underscored by a Rent Control Board representative, “Sometimes people just need good advice or a timely written letter to save their tenancy.” Flexible Financial Assistance
The City of Santa Monica does not currently have a dedicated program for tenant financial assistance. However, several partner agencies that are funded by the City’s Human Services Grants Program administer some financial assistance for renters through their case management services. These committed groups of service providers are interested in participating in financial assistance expansion efforts to support Santa Monicans at-risk of … A lot of times people need to know their legal
rights, what to do to avoid getting to the point
where they've got a problem with their landlord
that could trigger an eviction.”

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eviction. Of note, all stakeholders reported that the current funding allocated to prevention and stabilization efforts is insufficient to meet rising demand. St. Joseph Center reported they were seven months into the fiscal year and had already expended 75% of financial assistance funds in one of their programs due to soaring demand.

City department personnel and service providers are seeking financial assistance programming with clear and transparent guidelines. They, along with residents, expressed concerns related to heavy documentation burdens, eligibility requirements, and (for those who are undocumented) being deemed a public charge. The complexity of program eligibility requirements can unintentionally leave out vulnerable Santa Monicans, keeping them from critical services. Legal services providers emphasized the importance of having quick and seamless access to financial assistance and spoke of embedding case managers in legal providers’ offices to create a more efficient process with fewer barriers for tenants.

The concept of immediate versus long term support was part of nearly every conversation.

Interview participants recognize many Santa Monicans at-risk of eviction need ongoing rental assistance to address the broader housing affordability issue. In response to this challenge, many spoke of the need to establish a universal basic income program and/or expand the Preserving Our Diversity program. Several groups asked for shallow subsidies. Shallow rental subsidies provide long term, lower levels of assistance (compared to “deep” subsidies such as housing vouchers) to help people achieve housing stability and prevent homelessness.9 The City’s Youth and Family Services team shared a prospective opportunity—provide time-limited shallow subsidies to low-income families on the affordable housing waitlist until their affordable housing is obtained. The goals of services such as these are to prevent displacements and protect Santa Monica’s diversity.

Priority Populations
Stakeholders provided their perspectives on priority populations in response to questions related to phasing program implementation and prioritizing tenant households at highest risk of eviction. A common theme when discussing priority populations was the importance of preserving households of varying income levels and diverse backgrounds in Santa Monica.

The list below represents the most frequently cited priority populations. Those listed in bold additionally represent the groups who have priority under Measure GS: 4.90.030(b) Expenditure of Homelessness Prevention and Affordable Housing – a prospective funding source for the Renters’ Protections Program.
9 https://files.hudexchange.info/resources/documents/COVID-19-Homeless-System-Response-Shallow-RentalSubsidies.pdf

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Families with minor children was mentioned by multiple nonprofit providers and City of Santa Monica personnel. Anecdotally, they are seeing more single parent households and multigenerational families seeking help. Santa Monica’s Black Empowerment Association additionally reported an increase in the number of families living in their cars. The City of Santa Monica’s Youth and Family Services team emphasized their concern regarding support for families: “Please remember families get lost in the conversation about housing. Don’t forget them or they will start to leave our community.”
Transitional age youth, generally those between 18 and 22 years old, was a group mentioned by both residents and nonprofit organizations. One group provided an example of young adults getting pregnant and having to move out of their home because additional children cannot be added to their lease. Familias Latinas Unidas expressed concern about their young people, stating “…they go to college and graduate and then cannot return to the city where they grew up because the rents are so high...”
Data
Data collection and analysis focused on Santa Monica specific unlawful detainer10 filings from the Superior Court of Los Angeles County and landlord filings from the Santa Monica City Attorney’s Office.

Unlawful Detainer Filings – Superior Court of Los Angeles County The Los Angeles Department of Consumer and Business Affairs (“DCBA”) provided limited eviction filing data, by zip code, from reports they received from the Superior Court of Los Angeles County. The data covered a six-month period, from June 2023 through November 2023, during which time 236 unlawful detainers were filed against Santa Monica renters. When annualized, the data represents an estimated 472 unlawful detainer filings in Santa Monica. Of note, the 90401 and 90404 zip codes had the highest percentage of filings. These zip codes represent the areas of Santa Monica with the lowest area median incomes.11 10 An unlawful detainer is the legal complaint a landlord files with the court when seeking an eviction. 11 incomebyzipcode.com

1. Families with minor children 5. Historically underserved

2. Undocumented 6. Long-term tenants

3. Low / fixed income 7. People with disabilities

4. Seniors 8. Transitional age youth

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Unlawful Detainers – Landlord Filings with the City Attorney’s Office Information from landlord filings with the City Attorney’s Office was utilized to evaluate the reasons for tenant evictions. Section 4.27.060(b): Landlord Reporting Requirements for Endeavors to Evict Residential Tenants of Santa Monica’s City Charter states that landlords are to email Santa Monica’s City Attorney’s Office copies of endeavors to evict within two days of serving such notice.

In 2023, 66 unlawful detainers were filed with the City Attorney’s Office, of which 76% were for nonpayment of rent. In the first four months of 2024, 24 unlawful detainer notices were filed with the City Attorney’s Office, of which 91.6% were for nonpayment of rent. While the low number of records indicate landlords are not fully complying with the requirement; the data from the filings provide important insight into the reasons tenants are at-risk of eviction.

Additionally, landlord unlawful detainer filing data includes the amount of rent a tenant is past due, for those being evicted for nonpayment of rent. As indicated in the chart below, Santa Santa Monica Unlawful Detainer Filings: June – November 2023 71 36 6 66
57 90401
90402
90403
90404
90405
Data from DCBA through Superior Court of Los Angeles County Santa Monica Unlawful Detainers by Filing Type
24%
8%
76%
92%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2023 (n = 66) 2024* (n = 24)
No Fault/Nuisance
Nonpayment
Data from City Attorney’s Office Landlord Filings *2024 Data = January 1 through April 30, 2024

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Monica tenants are receiving unlawful detainers for what could be considered modest amounts given the high cost of the rental market. The data shows tenants are receiving unlawful detainers for median past due amounts ranging from $3,161.00 to $4,815.00, or on average, 177% of the Los Angeles-Glendale-Long Beach Fair Market Rent (“FMR”). 3-Day Notices to Pay or Quit – Landlord Filings with City Attorney’s Office In addition to unlawful detainers, landlords also submit copies of 3-day notices to pay or quit to the City Attorney's Office. As with the unlawful detainer filings, the number of notices reported to the City Attorney’s Office indicate underreporting by landlords. The data, however, provides important contextual information that informs understandings of needs, especially as it relates to flexible financial assistance programming.

The data shows, over the course of a 16-month period, from January 2023 through April 2024, 400 unduplicated addresses received 530 3-day notices to pay or quit. Of the 400 addresses, approximately 69% (275) received one notice, while 31% (125) received more than one 3-day notice during that timeframe. There are two important considerations regarding this data:

1. The City Attorney’s Office redacted the data to protect the identity of Santa Monica residents; therefore, there was not a way to verify that a duplicated address represents the same household.

2. The filings do not include explanations for why one address received multiple 3-day notices; therefore, assumptions were made regarding the cause for multiple notices going to the same address.

With these considerations in mind, it can be reasonably inferred that approximately 69% of tenants who received a single 3-day notice may only need a one-time rental payment to stave off an eviction filing, whereas as many as 31% may need ongoing rental assistance.

Additionally, the past due rent amounts that led to the 3-day notice being issued informs the estimated amount of financial assistance that may be needed to prevent an eviction. The chart below shows the median past due rent amounts for addresses that received one 3-day notice Efficiency 1-Bedroom 2-Bedroom 3-Bedroom
# of Units 12 14 13 4
Median Rent Amount $3,161 $3,638 $4,815 $3,271
Past Due
Fair Market Rent $1,534 $1,747 $2,222 $2,888
% of FMR Past Due 206% 208% 217% 113%
2023 Santa Monica Unlawful Detainers by Rent Amount Past Due NOTE: Only the filing data that lists the unit size was utilized in the data analysis. Without the unit size, the percent of FMR past due could not be applied.

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over the 16-month period. Of note, the majority (79%) of the 3-day notice to pay or quit records listed past due rent amounts of less than $5,000.

The below chart shows the median past due rent amounts for addresses that received multiple 3-day notices over the 16-month period.

Conclusion – Estimating Need: The Superior Court of Los Angeles County data provides the clearest indication of community need for right to counsel services. Court data over a sixmonth period in 2023 shows 236 unlawful detainers were filed against Santa Monica tenants.

When annualized, one can reasonably conclude the City of Santa Monica should plan for approximately 472 tenants to need legal services. Additionally, the landlord filing data with the City Attorney’s Office shows an estimated 80% (378) of unlawful detainers will be for nonpayment of rent. This underscores the significance of eviction prevention financial assistance funding as a complement to right to counsel services. It is important to note that while there is an expectation that unlawful detainer filings will spike with the final pandemic era protections ending April 1, 2024; local experts have opined that the numbers will stabilize.

The data supporting community need for flexible financial assistance funding to prevent an unlawful detainer from being filed (at or before the 3-day notice stage) is less concrete; however, preliminary assumptions can be made based on the available information. To start, the unlawful detainer data from the Superior Court of Los Angeles County was compared against landlord filings with the City Attorney’s Office over the same six-month period. The comparison shows landlords submitted unlawful detainers to the City Attorney’s Office 17% of the time (40 unlawful detainers filed with the City Attorney’s Office compared to 236 unlawful detainers filed with the Superior Court of Los Angeles County = 16.9%).

Size
Unknown
Efficiency 1-Bedroom 2-Bedroom 3-Bedroom
# of Units 46 102 37 3 46
Median Rent Amount $2,416 $3,295 $4,781 $3,045 $3,195
Past Due
NOTE: Only those records that listed past due rent amounts were included in the analysis (234 of 255 records) Addresses With Multiple 3-Day Notices from January 2023 – April 2024 Addresses with Single 3-Day Notices from January 2023 – April 2024 Size
Unknown
Efficiency 1-Bedroom 2-Bedroom 3-Bedroom
# of Units 30 89 43 3 60
Median Rent Amount $2,153 $3,379 $5,112 $8,206 $2,983
Past Due
NOTE: Only those records that listed past due rent amounts were included in the analysis (225 of 275 records)

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Unlawful Detainer Filings June – November 2023
Superior Court of Los Angeles County Records 236
Landlord Filings with City Attorney’s Office 40
% of Landlord Filings Compared to Court Records 16.9% (40 / 236) During the same six months, 120 unduplicated addresses received a 3-day notice to pay or quit (number does not include households who also received an unlawful detainer). Using the assumption that landlords are complying with the City’s requirement to submit copies of notices to tenants 17% of the time, it is estimated that 706 households received a 3-day notice to pay or quit from June – November 2023 (calculation: 100/17 *120 = 706). When annualized, that represents approximately 1,412 renter households that may receive a 3-day notice for nonpayment of rent and benefit from flexible financial assistance to help avoid eviction.

When applying the percent of addresses (noted in the 3-day Notice to Pay or Quit section on page 11) that received one notice (69%) and the percent of addresses that received more than one notice (31%), one can estimate the number of households that may need one-time rental assistance due to a financial emergency versus those that may need ongoing assistance to support household stabilization. The chart below summarizes annual need projections based on these assumptions:

Type of Services Santa Monica
Tenant Households
Right to Counsel – Legal Services 472
Right to Counsel – Eviction Prevention Financial
Assistance: For tenants in eviction proceedings
378
(80% of 472)
Flexible Financial Assistance (subtotals below) 1,412
One-time Financial Assistance: for tenants at or
below the 3-day notice stage
974
(1,412 * 69%)
Intermediate Financial Assistance: for tenants at or
below the 3-day notice stage
438
(1,412 * 31%)
Other Program Models
Interviews were conducted with other communities that have successfully established right to counsel and financial assistance programming. Interviews with Long Beach, Philadelphia, and San Francisco focused heavily on right to counsel, whereas the interview with Boulder focused

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primarily on financial assistance. These interviews were complemented by additional research and conversations with advocacy organizations.

Right to Counsel
Each of the interviewed communities have implemented right to counsel programs, mostly through ballot measures or city council enacted legislation. The City of Long Beach is the exception – they invested in right to counsel in response to the pandemic’s impact on tenant households and have not yet enacted formal legislation.

COMMUNITY RIGHT TO COUNSEL PROGRAM DESIGN
Long Beach,
California
Population size12:
449,468
% With Severe
Housing Cost
Burden13: 25.5%
• Contract with Los Angeles Department of Consumer and
Business Affairs for right to counsel services through Stay Housed LA; contract with Fair Housing Foundation for case management and tenant/landlord counseling
• Contracting with an established entity (Stay Housed LA) allowed for Long Beach to quickly bring legal services to their residents in a community that did not have existing infrastructure to leverage
• Initial investment in 2021 with Stay Housed LA was $250K; funding has increased to $1.5M in FY 2024
o Funding source: American Rescue Plan Act
• In FY 2023, with $1.1M in funding, Stay Housed LA provided 1,328 Long Beach tenant households with legal services
(breakdown of types of legal services not provided)
• Eligibility requirements: Tenants must be at or below 80% area median income to receive right to counsel services through Stay Housed LA (used as a method to prioritize access due to limited resources)
Philadelphia,
Pennsylvania
• Contract with one lead agency (Community Legal Services of Philadelphia) for eviction prevention; lead agency is responsible for administering subcontracts with five other service providers • Initial investment in 2022 of $1M; has increased to $5.6M 12 Population size for all communities taken from U.S Census Bureau QuickFacts as of July 1, 2023 13 Housing cost burden percentage for all communities taken from HUD CHAS 2016-2020 data

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COMMUNITY RIGHT TO COUNSEL PROGRAM DESIGN
Philadelphia,
Pennsylvania
Continued
Population Size:
1,550,542
% With Severe
Housing Cost
Burden: 26.4%
o Funding sources: general funds and proceeds from large bond issuance
• Approximately, 3,500 tenant households receive legal services annually
• Eligibility requirements: Services are available to tenants in specific zip codes with the highest poverty/risk indicators (used as a method to prioritize access due to limited resources) • Community outreach: Tenants who have cases filed against them receive a mailer; tenants in qualifying zip codes receive phone calls and text messages to inform them of the program.

Mailers are sent by the programs’ lead agency; calls and texts are an extension of the city’s 311 system.
• Philadelphia also has a separate eviction diversion program that includes mediation; these services are available to all tenants San Francisco,
California
Population size:
808,988
% With Severe
Housing Cost
Burden: 16.4%
• Contract with eight right to counsel service providers with one serving as the lead agency coordinating the work (Eviction Defense Collaborative)
• Contracting with eight different agencies results in duplicating administrative costs across all agencies
• Annual right to counsel budget is $17M; in FY 24, $315K is the cost per fully funded attorney (all costs to support an attorney, including paralegal, administrative support, indirect costs, etc.) o Funding sources: local general funds; state, federal funds • In FY 23 right to counsel cases totaled 1,800 with 84% receiving full scope and 16% receiving limited scope
• Eligibility: Prop F requires universal access with no eligibility requirements
o Created a system to prioritize access using a vulnerability index, which enabled phased implementation
o All tenants seeking legal support receive some type of legal service; tenants with higher vulnerability have
access to full scope representation; tenants with lower vulnerability receive limited services

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Financial Assistance
Three of the four communities have financial assistance tied to their right to counsel programming. These communities have varying levels and types of financial assistance and budgets that far exceed what is allocated to right to counsel.

COMMUNITY PROGRAM DESCRIPTION FUNDING
Boulder,
Colorado
Population size:
105,858
% With Severe
Housing Cost
Burden: 37.6%
• Prevention for those facing
immediate eviction
• Eligibility: “Keep it simple”
o Proof of residency (lease)
o Proof of facing an eviction
• Emergency assistance for
those who do not yet have a
demand for payment
• Eligible for $3K every 12
months; if amount does not
cover what is owed and they
cannot get balance of funds
from another source, then
assistance is not provided
• $1.2M per year (20% for
prevention and 80% for
emergency assistance)
• Funding for right to
counsel and financial
assistance comes from a
$75 per rental license tax
• Funds are administered by
the City of Boulder for
those who are in an
eviction (5 staff)
• Funds are administered by
nonprofit partners for
those not in an eviction

COMMUNITY RIGHT TO COUNSEL PROGRAM DESIGN
San Francisco,
California
Continued
o The threshold that determines the level of service a
household receives changes as the system’s capacity
changes
o Despite not having an income requirement, 95% or more of those they serve are very low to moderately low
income
• Community Outreach: In addition to traditional outreach methods, collaboration with courts is what makes the program successful; the court sends notifications to tenants to let them know an eviction has been filed against them and that they have a right to counsel – including a phone number to call

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COMMUNITY PROGRAM DESCRIPTION FUNDING
Boulder,
Colorado
Continued
• Not intended to be long term;
mostly trying to intervene
earlier and prevent an eviction
process from moving forward
Note: Financial assistance
accounts for approximately 85%
of total annual program costs
when including right to counsel;
total annual budget is $1.4M
Philadelphia,
Pennsylvania,
Population size:
1,550,542
% With Severe
Housing Cost
Burden: 26.4%
• Prevention funds tied solely to
eviction diversion (mediation
program) and are only available
before an eviction is filed
• Eligibility:
o 80% AMI – selfcertification of income
(tenant does not have to
submit documentation)
o Prioritize tenancies that
will “work out”
• Eligible for up to $3,500 in
arrears plus 2 month’s rent
afterwards (no cap on amount
for forward rent)
• $30M per year
• Funded with local general
funds and from local
housing trust fund
• Funds are administered by a
nonprofit incorporated as
part of the city (10 staff)
Note: Financial assistance
accounts for approximately 78%
of total annual program costs
when including right to counsel
and diversion; total annual budget
is $38.6M
San Francisco,
California
Population size:
808,988
% With Severe
Housing Cost
Burden: 16.4%
• Eligible for up to $20K for
unlawful detainer involved
tenants; eligible for up to $10K
for non-unlawful detainer
involved tenants
• Eligibility/Verification
o Income plus other
vulnerability factors
determine eligibility
o Only verify income, lease,
and amount owed (selfcertify income regularly)
• $25M per year
• Funded with local general
funds and other state and
federal dollars
• Financial assistance is
administered by the right to
counsel lead agency,
Eviction Defense
Collaborative (with a
separate team for these
services)

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COMMUNITY PROGRAM DESCRIPTION FUNDING
San Francisco,
California
Continued
o Unlawful detainer involved
tenants must also have a
sustainability plan
• Funding not intended to provide
ongoing support; the greater
nonprofit ecosystem has access
to financial assistance for
ongoing support
Note: Financial assistance
accounts for approximately 60%
of total annual program costs
when including right to counsel;
total annual budget is $42M
Additional Considerations
Boulder created a feedback loop with tenants by establishing a Tenant Advisory Committee.

The Tenant Advisory Committee is a five-person committee whose role is to advise on the implementation of the Eviction Prevention and Rental Assistance Services program. Among other duties, the Tenant Advisory Committee provides strategies for engaging residents most affected by inequities in rental housing practices, assists with community outreach, and provides recommendations about existing city services that could be expanded.14 This is an important aspect of Boulder’s program – it serves as a mechanism to receive continual feedback about the program and ensures ongoing community engagement.

Several communities offer, or in the case of Philadelphia, mandate mediation services. Long Beach residents have access to mediation services through the Fair Housing Foundation.

Boulder’s mediation services are available both prior to and at eviction court. In Philadelphia, mediation services are required—a 30-day mediation period is triggered when a notice is issued to tenants. While mandatory mediation is not currently permissible in California, it is worth noting that in Philadelphia, nearly 75% of the more than 4,000 landlord/tenant pairs that have participated in mediation reached a settlement that allowed tenants to remain in their homes and avoid eviction.15 As a standalone intervention, mediation will not solve for preserving tenancy and increasing housing stability, however it can promote procedural justice, facilitate access to resources, and help with relationship repair. 16 In Philadelphia, mediation is tied to financial assistance to enable the goal of preserving tenancies. 14 h#ps://bouldercolorado.gov/tenant-advisory-commi#ee 15 h#ps://www.phila.gov/2023-01-31-evic?on-diversion-program-now-includes-targeted-financial-assistancecomponent/ 16 h#ps://www.americanbar.org/content/dam/aba/administra?ve/legal_aid_indigent_defendants/ls-covid19-dppbest-prac?ces.pdf

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KEY FINDINGS
1) Community Engagement: Santa Monica stakeholders were highly engaged throughout the project. Many expressed interest in further contributing to implementation and evaluation of a renters’ protection program. Santa Monica would benefit from establishing an advisory group similar to the City of Boulder’s Tenant Advisory Committee. Engaging a diverse group of Santa Monicans would help ensure the program is culturally competent and consistently informed by renters and other local community stakeholders. 2) Community Outreach: The reported lack of community awareness of the right to counsel services currently available to Santa Monica renters underscores the need for a large-scale community outreach plan. To be effective, the plan should include building initial public awareness and ongoing community education. The program can leverage Rent Control’s experience utilizing varying communication methods to educate the public including, town halls and community meetings, public postings, mailers, and text messages. Additionally, many communities with right to counsel services collaborate with courts to conduct targeted outreach to unlawful detainer involved tenants to notify them of their right to counsel. It is also important that communications are available in tenants' primary languages. 3) Financial Assistance and Early Intervention: The landlord filing data from the City Attorney’s Office confirms most tenants received unlawful detainers for nonpayment of rent. Robust rental assistance is crucial to the success of a renters’ protection program.

While the highest priority is prevention assistance for unlawful detainer involved tenants, there is broad recognition that many Santa Monica renters would benefit from flexible financial assistance (one-time rent payments, shallow, or deep rent assistance) before the notice stage. As stated during an interview with a key stakeholder — 4) Expanding Legal Services and Addressing Capacity Challenges: The City of Santa Monica’s right to counsel pilot provides the foundation to build more comprehensive renters’ protections that meet the varying legal needs of renters. Some have complex cases that necessitate full scope representation, others report wanting guidance, advice, and to know their rights. Expanding the network of legal services providers is needed to address capacity challenges and will better ensure Santa Monica renters’ legal needs can be met.

Like financial assistance, early intervention is needed – the sooner legal services are available to a tenant, the better the prospective outcome.

We’re a lot better off preventing people from being
evicted than trying to deal with the consequences
afterwards. It is not only more equitable and
humane, but it is also more cost effective.”

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5) Eligibility: Burdensome and overly restrictive eligibility requirements are to be avoided for both right to counsel and financial assistance programming. Adopting a prioritization system based on tenant vulnerability for right to counsel services, such as San Francisco’s model, will address concerns of legal service providers getting bogged down with verifying household eligibility in time sensitive situations, while ensuring Santa Monicans at highest risk of eviction are served. This model will also allow for phased implementation by facilitating adjustments to the vulnerability index threshold (used to determine the number of households served with full scope versus limited services) based on available resources.

Equitable access to services is equally important. Familias Latinas Unidas underscored this point by sharing that sometimes they are unable to obtain legal representation because of their legal status, saying “It should not be like that. Help should be the same for everyone.” 6) Access: It is important to Santa Monica renters that they have multiple ways to access renters’ protection programming, and that the services are available in their primary language. People expect there to be more than an online option, noting that not everyone has access to the internet or is computer savvy. They are requesting dedicated help to complete applications for those who need it. As shared by a member of the Community Corporation of Santa Monica’s Resident Council—
7) Support Services: There was nearly unanimous agreement that some sort of ongoing support is needed for those with more complex needs, especially for households who may not be stable after addressing immediate eviction risks. There was also a recognition that the City’s existing resources are not designed for people who are housed and at-risk; instead, they are developed for people who are transitioning out of homelessness or criminal justice systems. Conflicting opinions about requiring services, such as financial education, underscore the importance of designing a program with unique services, tailored to the needs of each individual household.
8) Flexibility and Ongoing Evaluation: Whether scaling existing services or designing and implementing new programs, it is critical that the City of Santa Monica and its providers be nimble and integrate ongoing evaluation practices. Formal program evaluations at regular intervals that allow for programmatic adjustments will not only ensure the program is meeting its stated objectives, but also provide the community at-large confidence in the project.

If you are already stressed about losing your home,
the process for taking care of those things should
not also be stressful.”

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RECOMMENDATIONS
The following recommendations provide the framework for a comprehensive Renters’ Protections Program. They include recommendations for the overall program design, right to counsel and flexible financial assistance services, phased implementation (including projected budgets), and keys for program development.
1) Overall Program Design: It is recommended that the City of Santa Monica identify and allocate funding for a comprehensive renters’ protection program that includes right to counsel and flexible financial services. Funding should be sufficient to cover eligible direct and indirect expenses and should be distributed in the form of grants to qualifying nonprofit organizations. City personnel should administer grants and facilitate evaluation, with ongoing community engagement and feedback through a small advisory group comprised of Santa Monica renters and other stakeholders. Refer to Exhibit B for detailed Overall Program Design description.
2) Right to Counsel Services: It is recommended that the City of Santa Monica develop a comprehensive set of right to counsel services that includes community outreach, tenant rights education, legal services comprised of full scope representation or limited services when program capacity issues do not enable full scope, and financial assistance for unlawful detainer involved tenants. Refer to Exhibit C for detailed Right to Counsel Services description.
a. Develop a large-scale community outreach plan to educate Santa Monica renters, landlords, and community service organizations about the program. b. Expand tenant rights education and diversify methods for providing education services.
c. Create a permanent right to counsel program that provides tenants at-risk of eviction with full scope representation or limited services (based on tenant needs and/or capacity of legal service providers). Limited services may include, guidance and advice, tenants having an answer filed on their behalf, fee waivers, etcetera. In this model, all Santa Monica renters will be eligible for some form of legal services. d. Establish a tool for prioritizing access to full scope versus limited services through the creation of a vulnerability index. Retain the services of a subject matter expert, such as the one utilized by San Francisco, to assist with the creation of the prioritization tool.
e. Provide up to $20,000 of eviction prevention financial assistance per unlawful detainer involved tenant as a resource for saving their tenancy, or to support their relocation for those who lost their case. Limited eligibility requirements, such as income and ability to sustain housing after receiving the financial assistance, are recommended.

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f. Evaluate program performance no less than quarterly. A list of initial outcome measures can be found in Exhibit C.
3) Flexible Financial Assistance: It is recommended that the City of Santa Monica create a comprehensive set of flexible financial assistance services, that include supportive services to stabilize tenancies during times of crisis or support tenants through periods of housing instability. Leveraging the right to counsel community outreach plan to notify tenants, landlords, and community organizations of the services will be key. Tenants often know prior to their rent payment due date whether they will be able to pay their rent. Therefore, flexible financial assistance should be available to tenants at or before the 3-day notice to pay or quit stage. Refer to Exhibit D for detailed Right to Counsel Program description. a. Provide one-time rental assistance, up to $5,000 per household, to tenants that experience a financial emergency that is impacting their ability to pay rent. b. Provide shallow assistance, up to $10,000 per household, to tenants whose high housing cost burden, as defined by the U.S. Department of Housing and Urban Development, impacts their housing stability and ability to maintain their tenancy.

Shallow assistance is typically longer term with lower monthly financial assistance amounts.
c. Provide deep assistance, up to $10,000 per household, to tenants whose housing instability, caused by a short-term crisis (such as job loss), can be mitigated through a higher financial assistance amount utilized over a shorter period. d. Limited eligibility requirements, such as income and/or housing cost burden, are recommended for financial assistance.
e. Invest in housing stabilization and case management services for tenants with such needs. For example, tenants experiencing a one-time financial emergency may not require case management, whereas those needing ongoing financial assistance may. f. Evaluate program performance no less than quarterly. A list of initial outcome measures can be found in Exhibit D.
4) Phased Implementation: It is recommended the City of Santa Monica adopt a phased implementation plan over five years, beginning in FY 2025. Phased implementation is recommended for new programs and is beneficial when there are funding constraints.

Developing and implementing new programs is an iterative process that is informed by formal program evaluation activities, community member feedback, and program administrators. The program evaluation results will inform program updates and funding allocations.

The chart on the following page represents the five-year budget projection, based on community need estimates found on page 13 of this report. Refer to Exhibit E for the Budget Detail and Justification document.

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5-YEAR PHASED IMPLEMENTATION
BUDGET PROJECTION FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 Right to Counsel Capacity 200 240 320 400 472
Estimated Attorneys 5 6 8 10 12
% of Total Goal 42% 51% 68% 85% 100%
Right to Counsel
Tenant Outreach & Education $320,338.98 $384,406.78 $512,542.37 $640,677.97 $756,000.00 Legal Services (includes indirect) $1,601,694.92 $1,922,033.90 $2,562,711.86 $3,203,389.83 $3,780,000.00 Eviction Prevention Financial Assistance $3,203,389.83 $3,844,067.80 $5,125,423.73 $6,406,779.66 $7,560,000.00 Subtotal $4,805,084.75 $5,766,101.69 $7,688,135.59 $9,610,169.49 $12,096,000.00 One Time Assistance Capacity 195 390 585 780 974
Intermediate Assistance Capacity 88 176 264 352 438
% of Total Goal 20% 40% 60% 80% 100%
Flexible Financial Assistance
Financial Assistance - One Time $ 975,000.00 $ 1,950,000.00 $ 2,925,000.00 $ 3,900,000.00 $ 4,870,000.00 Financial Assistance - Intermediate $ 876,899.38 $ 1,753,798.77 $ 2,630,698.15 $ 3,507,597.54 $ 4,380,000.00 Case Management/Program Management $ 187,345.35 $ 374,690.70 $ 562,036.05 $ 749,381.40 $ 935,766.00 Additional Direct & Indirect Cost $ 37,469.07 $ 74,938.14 $ 112,407.21 $ 149,876.28 $ 187,153.20 Subtotal $ 2,076,713.80 $ 4,153,427.61 $ 6,230,141.41 $ 8,306,855.21 $ 10,372,919.20 Full Time Equivalent Personnel 1.5 1.5 2 2 2.6
% of Total FTE 58% 58% 77% 77% 100%
City Program Administration
City Personnel $ 149,049.12 $ 149,049.12 $ 198,732.16 $ 198,732.16 $ 258,351.81 Facilities, supplies, and other expenses $ 14,904.91 $ 14,904.91 $ 19,873.22 $ 19,873.22 $ 25,835.18 Subtotal $ 163,954.03 $ 163,954.03 $ 218,605.38 $ 218,605.38 $ 284,186.99 TOTAL PROJECTED ANNUAL COST $7,045,752.58 $10,083,483.33 $14,136,882.38 $18,135,630.08 $22,753,106.19 *The estimated annual budgets do not include increases for wages, rent, and other cost of living measures. It is recommended the City of Santa Monica review annual cost increases and apply those percentages to the total program budget.

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Keys for Program Development
1) Provide multi-year funding
a. Exemplary communities highlighted in this report have dedicated funding streams (from revenue including taxes, bonds, trusts, etcetera) to support the ongoing operations of renters’ protections programs
b. Renters’ Protections Program budgets and standards provide guides for multiyear funding (see Exhibits B, C, D, and E for details) 2) Establish and maintain partnerships for service delivery a. Throughout this report, considerations for establishing and maintaining partnerships are noted
b. The City of Santa Monica can additionally address capacity constraints, especially those caused by attorney shortages, by applying some of the following practices:
i. Recruit and develop qualified providers to expand the delivery network, particularly in service areas where availabilities do not meet demands for programming
ii. As part of this work, the City of Santa Monica should help prospective and current qualified providers through application and/or contract amendment processes

1. Provide orientations to explain application and/or contract amendment processes and answer questions

2. After orientations, provide technical assistance through application and/or contract amendment submission and review and facilitate smooth transitions to contract awards

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EXHIBITS 25

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EXHIBIT A
Project Contributors

ORGANIZATION COMMUNITY
Basta, Inc. Los Angeles, California
Basta Universal Los Angeles, California
Child Poverty Action Lab Dallas, Texas
City Attorney’s Office Santa Monica, California
City of Boulder Boulder, Colorado
City of Long Beach Long Beach, California
City of Philadelphia Philadelphia, Pennsylvania
City of San Francisco San Francisco. California
City of Santa Monica Santa Monica, California
City of West Hollywood West Hollywood, California
Community Corporation of Santa Monica (CCSM) Santa Monica, California Community Corporation of Santa Monica Resident Council Santa Monica, California Community Legal Services of Philadelphia Philadelphia, Pennsylvania Department of Community and Business Affairs Los Angeles, California Eviction Defense Collaborative San Francisco, California Eviction Lab Princeton, New Jersey
Fair Housing Foundation Long Beach, California
Familias Latinas Unidas (FLU) Santa Monica, California
Legal Aid Foundation of Los Angeles (LAFLA) Los Angeles, California

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ORGANIZATION COMMUNITY
Meals on Wheels Santa Monica, California
National Coalition for a Civil Right to Counsel Baltimore, Maryland Santa Monica Rent Control Santa Monica, California
Santa Monica Black Empowerment Association Santa Monica, California Santa Monicans for Renters Rights (SMRR) Santa Monica, California St. Joseph Center Venice, California
Stay Housed LA Los Angeles, California
WISE & Healthy Aging Santa Monica, California

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EXHIBIT B
Renters’ Protections Overall Program Design
Key Activities Qualifying Organizations Qualifying Expenses Evaluation Standards Provide multi-year funding for
grants (consider five-year funding
cycle to align with the phased
implementation timeline)
Procure right to counsel and
flexible financial assistance
services
Award grants
Reserve the right to
• Separate collaborative
grants
• Combine awards to form
collaborative grants
Organization (or fiscal agent) with
services aligning with charitable
purposes set forth in Internal
Revenue Code Section 501(c)(3)
Services helping low and
moderate-income households
residing in Santa Monica
Documentation of capacities for
prioritizing sub-populations with
the most needs
• Vulnerable populations
• Persons with disabilities
Documentation of fiscal health
Direct, program expenses
• Facilities and facilities
maintenance
• Materials and supplies
• Technology systems
• Program, support, and
supervisory staff
o Recruitment and
retention
o Wages and fringe
benefits
• Sub-contractor providers
o Program services
o Consulting services
• Personnel development
and licensing
• Events
• Travel
• Insurance
Indirect, administrative costs—
10% de minimis or approved
indirect cost rate
• Fiscal agent fees
• Administrative staff
• Sub-contractor providers
o Administrative services
providers
o Auditors
Should ensure prevention of the
displacement of vulnerable
households through
• Tenant rights outreach
and education
• Full-scope legal
representation
• Limited services for clients
at-risk of eviction, when
funding does not enable
full-scope services
• Eviction prevention
financial assistance
• Flexible financial
assistance
• Housing stability and case
management services
Reviews by community members
with expertise in strategies,
should focus on
• Alignment
• Commitment to equity
Reviews by City of Santa Monica
staff, should focus on
• Performance
• Program management
capabilities

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EXHIBIT C
Right to Counsel Services
Key Strategies
• Educate Santa Monica tenants about the renters’ protections program through community outreach
• Educate tenants about their rights, and connect those in need of services with tenantfocused organizations supporting Santa Monicans • Provide access to full-scope legal representation for renters’ eviction defenses, inasmuch as funding enables full-scope legal representation • Continue to provide access to full-scope legal representation until an eviction notice or unlawful detainer complaint is withdrawn, the case is dismissed, or a judgement in the matter is entered
o File responsive pleadings
o Represent tenants in court proceedings through trials o Provide legal advice
• Provide access to limited services, when funding does not enable full-scope services o Legal assistance for renters’ representing themselves in eviction defenses (“pro per” eviction defenses)
o Limited services may include, tenants having an answer filed on their behalf, assistance with fee waivers, and advice/guidance
• Provide eviction prevention financial assistance
Key Services
• Community outreach
o Inform the community of available renters’ protections services, how and where to access them
o Specifically notify unlawful detainer involved tenants of their right to counsel and information on how to access legal services
• Tenant rights education
o Threats of eviction
o Rent increases
o Habitability matters
o Reasonable accommodations
• Legal services
o Full-scope legal representation for clients facing eviction, inasmuch as funding enables full-scope legal representation
o Limited services for clients facing eviction, when funding does not enable full-scope legal representation
o Fair housing matters
o Rent Control Board proceedings
o Housing Authority proceedings
o General tenant issues

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o Cost: Estimated at a minimum of $315,000 per attorney with the expectation of fully supporting an attorney including administration, paralegal, social work, etc. as determined by the provider
o All Santa Monica renters should be eligible for some form of legal services; it is recommended to utilize a to-be-developed vulnerability index to determine the level and type of legal services a tenant receives
§ Recognizing that each community’s needs and values differ, it is important the vulnerability index reflect City of Santa Monica goals and perspectives • Eviction prevention financial assistance
o Financial assistance to prevent evictions for tenants who have been served with an unlawful detainer and/or funding to support tenant transitions for those who lose their unlawful detainer cases
§ Financial assistance should be flexible enough for right to counsel staff to determine what is necessary and reasonable to settle the unlawful detainer case in favor of the tenant
§ If certain criteria are met, financial assistance can support up to two weeks of rent to stay the execution of the order for tenants who already lost their cases and have alternative housing ready
§ Financial assistance may also be used to support tenant relocations (deposits, first month’s rent payments, etcetera) for those who lose their unlawful detainer case
o Amount: Up to $20,000 per household
§ Stay Housed LA and San Francisco allow for up to $20,000 in financial assistance per household for unlawful detainer involved tenants § A review of 54 rent due amounts for unlawful detainer filings (from City Attorney’s Office provided records, January 2023–April 2024) show 94% of tenants owed amounts less than $20,000
o Eligibility considerations:
§ Households must demonstrate their rent going forward is sustainable § Household income is below City determined area median income threshold (recommended to at least include households with incomes that are at or below 50% of area median income, in keeping with San Francisco’s model) § Prioritization based on vulnerability factors, such as minor children in the home, age, length of tenancy, and disability status
Data Collection and Reporting
• A primary consideration for data collection and reporting is limiting an organization’s administrative burden; therefore, wherever possible, reporting requirements should build upon the City’s existing expectations for funded agencies

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• It is further recommended, for efficiency, service providers utilize a shared client management information system (with appropriate safeguards to protect client privacy)
• Data collected during intake, and case work, are to be entered into the shared client management information system, as well as additional data sets that can be utilized for evaluating program performance
• The lead agency is to generate program-wide quarterly reports with aggregate data that includes outputs and performance outcomes (noted in the section below). The below outputs are based on the City of Santa Monica’s current right to counsel pilot program.
o Number of tenant households served
o Number of tenant households unable to be served
o Household demographics (age, race, ethnicity, gender, income level, zip code, etcetera)
o Household special characteristics (homelessness history, military history, disability status, etcetera)
o Level / Type of Service
§ # of tenants participating in tenant rights education § # of full-scope representation cases
§ # of limited services cases
§ # of eviction prevention financial assistance cases
§ Amount of eviction prevention financial assistance provided Initial Outcome Measurements
• It is expected that the program will also track and report outcome measurements to evaluate program effectiveness, including the metrics currently tracked by the City’s pilot program.
o Current metrics include the number and type of limited services provided to households, and for those who receive full scope representation, the outcome of those services (i.e. negotiated settlements without litigation) • The below list represents the minimum program performance standards expected to be tracked for the Right to Counsel services. The City of Santa Monica may opt to supplement these outcomes with additional metrics.
o Tenant Rights Outreach and Education:
§ # of tenants connected to attorneys
§ # of tenants better understanding their rights after participating in tenant rights education
o Right to Counsel:
§ # of households with the goal of wanting to stay in their homes § # of households whose eviction is prevented

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§ # of households moving with adequate time and resources to secure alternate housing in their community – inside Santa Monica § # of households moving with adequate time and resources to secure alternate housing outside their community – outside Santa Monica Key Activity—Establishing Collaborative Grant Lead Partner(s) • Coordinate with the City of Santa Monica on community outreach efforts • Collaborate with subcontracted partner agencies
• Coordinate with partner agencies
• Draft policies and processes
• Administer management information systems
• Facilitate personnel
o Recruitment and retention
o Development and licensing, including trainings
• Implement services (in accordance with funding requirements) • Convene and apply effective practices to case conferences • Coordinate coverage at first trial dates and serve as Los Angeles Superior Court’s contact for right to counsel services in Santa Monica
• Facilitate right to counsel service data collection, to include data from subcontracted partners, and analysis for evaluations
Additional Qualifications for Provision of Tenant Rights Outreach and Education • Organization (or lead partner) with demonstrated experience providing tenant rights services to renters in Los Angeles County, with a preference given to those with experience providing these services to renters in Santa Monica • Demonstrated commitment to collaborating with other tenant rights organizations and legal service providers
Additional Qualifications for Provision of Legal Services and Eviction Prevention Financial Assistance
• Organization (or lead partner) with 3 years, or more, of experience providing full-scope legal representation to renters facing eviction in Los Angeles County, with a preference given to those with experience providing these services to renters facing eviction Santa Monica
• Demonstrated commitment to collaborating with tenant rights organizations and other legal service providers
Additional Qualifying Expenses
• Staff, including
o Advocates for outreach and education

4.H.e
Packet Pg. 1526 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 : Homelessness Prevention Unit (HPU)) 33 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206
o Paralegals
o Attorneys
§ Annually, full-time attorneys should provide full-scope legal representation to at least 45 households at-risk of eviction, with exceptions made for attorneys providing full-scope legal representation to a significant number of renters at-risk of eviction with special needs § Limited services to be counted at a rate of 10 to 1
o Navigators for special needs clients
o Social workers for eviction prevention rental assistance • Litigation
o Services of process
o Depositions
o Investigations
• Eviction prevention financial assistance

4.H.e
Packet Pg. 1527 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 : Homelessness Prevention Unit (HPU)) 34 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206

EXHIBIT D
Flexible Financial Assistance Services
Key Strategies
• Educate Santa Monica tenants about the renters’ protections program through community outreach
• Provide rental supports to special needs populations at high risk of housing instability o Adults with disabilities
o Seniors
o Other individuals and families at high risk of housing instability • Provide supportive services to address additional household needs that are contributing factors to housing instability
• Flexible financial assistance should, inasmuch as possible, leverage other City of Santa Monica programming, such as housing services and human services • To avoid organizational conflicts of interest, awardees should not determine eligibility for or provide assistance to households occupying units they own or operate Key Services
• Community outreach
o Leverage right to counsel community outreach to inform the public of available flexible financial assistance services, how and where to access them • Flexible financial assistance
o Prevent at-risk households, at or before the 3-day notice stage, from adverse action that may result in an unlawful detainer and loss of housing § One-time assistance—to be provided, in emergencies, as one-time assistance or as a one-time supplement to shallow assistance or deep assistance
§ Shallow assistance (longer term, lower monthly amount)—to lower participants’ rent burdens to sustainable levels until more permanent solutions to housing stability are developed
§ Deep assistance (shorter term, higher monthly amount)—to lower participants’ rent burdens to sustainable levels, while mitigating the effects of short-term crises, until more permanent solutions to housing stability are developed
o Amount:
§ Up to $5,000 per household for one-time assistance
• A review of 225 past due amount for addresses that received a single 3-day notice to pay or quit (from City Attorney’s Office provided records, January 2023–April 2024) show 79% of tenants owed amounts less than $5,000

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Packet Pg. 1528 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 : Homelessness Prevention Unit (HPU)) 35 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206
§ Up to $10,000 per household to provide longer-term shallow subsidies or shorter-term deep subsidies as determined by household needs o Eligibility considerations:
§ Household income is below City determined area median income threshold (recommended to not go below 50% area median income) or housing cost burden as a percent of income
§ Prioritization based on vulnerability factors, such as minor children in the home, age, length of tenancy, and disability status
§ For those requiring one-time assistance, verification of financial emergency within previous 12 months
• Housing stability and case management – for renters in need of such services Data Collection and Reporting
• A primary consideration for data collection and reporting is limiting an organization’s administrative burden; therefore, wherever possible, reporting requirements should build upon the City’s existing expectations for funded agencies • It is further recommended, for efficiency, service providers utilize a shared client management information system (with appropriate safeguards to protect client privacy)
• Data collected during intake and exit are to be entered into the shared client management information system, as well as the services a household received during program participation
• The lead agency is to generate program-wide quarterly reports with aggregate data that includes outputs and performance outcomes (noted in the section below). Several of the below outputs are based on the City of Santa Monica’s current reporting expectations for funded agencies.
o Number of tenant households served
o Number of tenant households unable to be served
o Household demographics (age, race, ethnicity, gender, income level, zip code, etcetera)
o Monthly rent amount
o Household special characteristics (homelessness history, military history, disability status, etcetera)
o Level / Type of Service
§ # of tenants receiving shallow subsidies
§ # of tenants receiving deep subsidies
§ # of tenants receiving one-time assistance
§ Amount of financial assistance provided to each tenant § # of tenants receiving housing stability and case management services

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Packet Pg. 1529 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 : Homelessness Prevention Unit (HPU)) 36 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206
Initial Outcome Measurements
• It is expected that the program will also track and report outcome measurements to evaluate program effectiveness, including the metrics currently tracked by the City’s funded agencies.
• The below list represents the minimum program performance standards expected to be tracked for Flexible Financial Assistance services. The City of Santa Monica may opt to supplement these outcomes with additional metrics.
o One-time Assistance
§ # of tenants remaining in their homes
o Shallow and Deep Assistance:
§ # of tenants remaining in their homes (at exit and at 3-month follow-up) § # of tenants moving into below market rental units (specifying inside or outside of Santa Monica)
§ # of tenants moving into market-rate rental units (specifying inside or outside of Santa Monica)
Key Activity— Establishing Collaborative Grant Lead Partner(s) • Coordinate with the City of Santa Monica and right to counsel provider(s) on community outreach efforts
• Collaborate with subcontracted partner agencies
• Coordinate with partner agencies
• Draft policies and processes
o Eligibility
o Area median income considerations for
§ Rent burden thresholds
§ Rent burden target(s)
§ Maximum amounts and durations of assistance
• Administer management information systems
• Facilitate personnel
o Recruitment and retention
o Development and licensing, including trainings
• Implement services (in accordance with funding requirements) • Facilitate flexible financial assistance service data collection and analysis for evaluations Additional Qualifications for Provision of Flexible Financial Assistance • Organization (or lead partner) with 3 years, or more, of experience providing rental assistance in Los Angeles County, with a preference given to those with experience providing these services to renters in Santa Monica
• Demonstrated commitment to collaborating with rental assistance organizations

4.H.e
Packet Pg. 1530 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 : Homelessness Prevention Unit (HPU)) 37 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206

EXHIBIT E
Budget Detail and Justification
Right to Counsel - Legal Services Estimated # of
Attorneys
Estimated Cost
Per Attorney
Estimated Annual
Cost
Justification
Outreach and Tenant Education $ 756,000.00
This line item includes both community outreach and tenant education (see Exhibit C - services and outcome sections, for more detail). Per LAFLA, these services are typically calculated at 20% of the cost of legal services, noted below.

Legal Services 12 $ 315,000.00 $ 3,780,000.00
The cost per attorney is based on San Francisco's model for one "fully loaded" attorney in FY '24. Their cost includes: 1 FT attorney, .25 Social Services Advocate, .25 Legal Supervision .15 intake staff; $660 litigation expenses per client; 15% overhead.

LAFLA provided the total number of total attorneys (12) needed to support the estimated annual number of Santa Monica renters (472) who may receive an unlawful detainer (UD). The number is based on 40 full scope cases per attorney per year. The current annual case rate is 50 cases per attorney, however due to the complexity of cases and with the utilization of law fellows to address attorney shortages, LAFLA recommends a lower case rate. Communities, such as San Francisco, are considering lowering annual caseloads to 1:45. The City of Santa Monica will need to negotiate with the selected contracted legal services provider(s) to establish a mutually agreed upon annual caseload size, which will impact the total number of attorneys needed.

NOTE: The City of Santa Monica currently funds two right to counsel (RTC) attorneys through the pilot and two additional attorneys, who provide housing related legal services, through LAFLA's general services contract. Based on the number of estimated attorneys needed for RTC, the City would need to fund eight more attorneys. $ 4,536,000.00
Right to Counsel - Financial
Assistance
Estimated # of
Households
Estimated Amount
per Household
Estimated Annual
Cost Justification
Flexible Financial Assistance - For
tenants in eviction proceedings
378 $ 20,000.00 $ 7,560,000.00
This funding is to enable UD involved tenants to remain in their homes. The estimated amount of financial assistance per household is in keeping with the amount available to UD involved tenants receiving services through Stay Housed LA and in San Francisco.

Total Estimated Right to Counsel Program Annual Cost $ 12,096,000.00 Subtotal Legal Services

4.H.e
Packet Pg. 1531 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 :
38 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206
Flexible Financial Assistance Estimated # of
Households
Estimated Amount
per Household
Estimated Annual
Cost
Justification
One-time Emergency Assistance -
For tenants at or before 3-day
notice stage
974 $ 5,000.00 $ 4,870,000.00
Provides one-time rental assistance for tenant households that have a financial emergency that impact their ability to pay rent. 79% of tenants who received one 3-day notice to pay or quit had a past due amount of less than $5,000 (based on landlord filings with CAO).

Intermediate Financial Assistance -
For tenants at or before 3-day
notice stage
438 $ 10,000.00 $ 4,380,000.00
Provides flexibility for a households needing a long-term shallow subsidy (i.e. $400 for up to two years) or a short term deep subsidy (i.e. $2,500 for four months) to assist with housing stabilization while working with a case manager on a long term plan. $ 9,250,000.00
Flexible Financial Assistance -
Support Services
Estimated # of
FTE
Estimated Annual
Salary + Benefits
Estimated Annual
Cost Justification
Case Managers / Intake Staff 9 $ 90,974.00 $ 818,766.00 Case management services are expected to be primarily utilized for those receiving intermediate rental assistance. City of Santa Monica provider, St. Joseph Center, has caseloads of 1:25 for their older adult program. The estimated number of case managers assumes the same caseload size for flexible financial assistance & stabilization services with caseloads turning over twice annually.

The estimated salary is based on the U.S. Bureau of Labor Statistics reference for job code "Social Worker, All Other" in Los Angeles-Long Beach-Anaheim geographic area.

The mean annual wage is $69,980, plus added 30% for benefits.

Program Managers 1.5 $ 117,000.00 $ 117,000.00
The estimated salary is based on the U.S. Bureau of Labor Statistics reference for job code "Social and Community Service Manager" in Los Angeles-Long Beach-Anaheim geographic area. Mean annual wage is $88,920; added 30% for benefits.

Facilities, Program Supplies,
Equipment, etc. $ 93,576.60 Assumes 10% for additional direct program expenses.

Indirect Costs $ 93,576.60 Assumes 10% de minimis indirect cost rate. $ 1,122,919.20
Total Estimated Flexible Financial Assistance Program Annual Cost $ 10,372,919.20 Subtotal Financial Assistance
Subtotal Support Services

4.H.e
Packet Pg. 1532 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 :
39 4925 GREENVILLE AVE, SUITE 100 | DALLAS, TX 75206
City of Santa Monica Program
Administration
Estimated # of
FTE
Estimated Annual
Salary
Expense Assigned
to Program
Justification
Administrative Analyst

0.33 $ 109,558.80 $ 36,154.40
The staffing plan is based on the October 2023 City of Los Angeles Housing Department report for establishing a right to counsel program in Los Angeles. The Housing Department recommended five full-time equivalent (FTE) positions.

The City of Santa Monica proposed staffing model is based on 2.6 FTE. The estimated salaries are based on Santa Monica city personnel salaries plus 30% for benefits. Base salary for an Administrative Analyst is $84,275, plus 30% for benefits Policy & Performance Analyst 1 $ 109,558.80 $ 109,558.80 Base salary of $84,276, plus 30% for benefits Data Analyst 0.33 $ 109,558.80 $ 36,154.40 Base salary of $84,276, plus 30% for benefits Staff Assistant - III

0.5 $ 80,168.40 $ 40,084.20 Base salary of $61,668 plus 30% for benefits Staff Assistant - II

0.5 $ 72,800.00 $ 36,400.00 Base salary of $56,000 plus 30% for benefits Facilities, Program Supplies,
Equipment, etc. $ 25,835.18 Assumes 10% for additional program administration expenses $ 284,186.99
Budget Considerations:

1. Communities that have enacted right to counsel protections often cite a decline in the number of unlawful detainer filings. As part of the ongoing evaluation activities, the City of Santa Monica will need to continue receiving UD filing data from the Superior Courts of Los Angeles and make adjustments as indicated by the data related to number of attorneys needed to serve Santa Monica renters.

2. Increasing the availability of flexible financial assistance funding at or before the 3-day notice stage will inevitably decrease the number of annual UD filings, given the majority of UD filings are for non payment of rent. This too will impact the number of attorney's needed for right to counsel services.

3. The estimated budget does not include the projected one-time cost for developing and implementing the vulnerability index and associated management information system.

Total Estimated City Program Administration Annual Cost

4.H.e
Packet Pg. 1533 Attachment: Attachment E - Renter Protections Program analysis by Fetterman Dunn Consulting (7695 :
1 David Yakobson
From: Sam Shapiro-Kline <[email protected]>
Sent: Tuesday, June 9, 2026 9:19 AM
To: Caroline Torosis; Dan Hall; Jesse Zwick; Lana Negrete; Ellis Raskin; Natalya Zernitskaya; Barry Snell; councilmtgitems
Subject: Support 4H Predictive Prevention Program

EXTERNAL
Hello Mayor and Council members,
Please support item 4H, the predictive prevention program. As a member of the Measure GS Resident Oversight Commission, I reviewed and provided feedback to staff on investing in this program. It is an outstanding way to proactively prevent homelessness for 70 of our most vulnerable households.

I look forward to seeing the impact of this pilot program and it's potential future expansion.

Best,
Sam Shapiro-Kline
Item 4-H
June 9, 2026
Item 4-H
June 9, 2026

4.H.f
Packet Pg. 1534 Attachment: Written Comments (7695 : Homelessness Prevention Unit (HPU)) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.I
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Architecture Services Division Subject: Award Request for Proposal #2784 and Authorization to enter into Agreement With Economic & Planning Systems, Inc. for Preparation of a Nexus Study for the Parks and Recreation Development Impact Fee
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of Categorical Exemption pursuant to Section 15262 (Feasibility and Planning Studies) of the California Environmental Quality Act (CEQA) Guidelines;

2. Award RFP SP2784 to Economic & Planning Systems, Inc. to prepare a nexus study for the Parks and Recreation Development Impact Fee for the Public Works Department;

3. Authorize the City Manager to execute an agreement with Economic & Planning Systems, Inc. in an amount not to exceed $115,450 (including a $10,505 contingency) for one year, with two-one year renewal options with future year funding contingent on Council budget approval; and

4. Authorize budget amendment as outlined in the Financial Impacts and Budget Actions section. (Requires five votes)
Summary
The purpose of the Parks and Recreation Development Impact Fee is to establish a direct funding source from new residential and commercial development to be used solely for the acquisition and development of open space, parkland, and recreation facilities needed to serve the demand generated by occupants and users of new development. Because impact fees vary based on the type of development (Attachment A), a nexus study is required to forecast future development demand and ensure that the proposed fee levels are both financially feasible for development and sufficient to contribute to improvements to the City of Santa Monica’s (City) parkland system.

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This fee study would assist the City in establishing development impact fees that are properly aligned with the proportional share of demand created by new development.

Staff recommends awarding RFP # SP2784 to Economic and Planning Systems, Inc. to prepare the Parks and Recreation Development Impact Fee nexus study for a total amount not to exceed an amount not to exceed $115,450 (including a $10,505 contingency) for one year, with two-one year renewal options.

Discussion
Santa Monica provides annual reporting on the balance, fees collected, interest earned, and expenditures related to the Parks and Recreation Development Impact Fee to highlight project status and planned projects to be funded by the fee. Every five years, Santa Monica provides additional information in fee reporting, identifying the projects that have received funding and the projects that are proposed to receive funding in the future. The Development Impact Fee report demonstrates a reasonable relationship between the reportable fees and the purpose for which they are charged and identifies all Santa Monica funding sources and amounts available to complete financing of the projects identified by the City. A Nexus Study helps ensure fees align park expansion needs with development demand and is recommended every five years to align with five-year reporting requirements.

In the evaluation of proposals received, Economic & Planning Systems, Inc. (EPS) demonstrated past and present project experience and references with from and cities within Los Angeles County of similar scale, development potential, and parkland need.

Additionally, EPS identified a project approach that highlighted the latest legal requirements as defined by the Mitigation Fee Act; clearly acknowledged the importance of understanding plans and initiatives adopted by the City of Santa Monica including the General Plan, Housing Element, and Parks and Recreation Vision Plan; and proposed an approach to presenting the maximum fee estimates and up to two alternatives.

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The 2025 Parks and Recreation Vision Plan (PRVP) noted that Santa Monica is below the County average of park acres per 1,000 residents, providing 1.55 acres per 1,000 against the County average of 3.3 acres per 1,000. Without a consistent funding stream to improve the park network as Santa Monica grows, equitable access to open space would diminish rapidly. The PRVP established a goal of increasing park acreage to five park acres per 1,000 residents over the life of the plan and the Development Impact Fee is a vital funding source for improvements, expansion, and acquisition.

Vendor Selection
Bidder Recommendation
Best Qualified Firm Economic & Planning Systems, Inc (EPS) Evaluation Criteria
Experience, References, Work Plans/Timelines, Project
Team, Cost, and Accuracy.

Municipal Code SMCC 2.24.190
RFPs Received
NBS TischlerBise, Inc.

Economic & Planning Systems, Inc DTA Public Finance, Inc RFP Data
Posted On Posted On Advertised in
(City Charter & SMMC)
Vendors
Downloaded
Date Publicly
Opened
2/24/2026
City's Online
Bidding Site
Santa Monica Daily
Press 44 4/07/2028
Justification to Award
The Evaluation committee recommends awarding the contract to Economic & Planning Systems, Inc. (EPS) as the most qualified firm. EPS presented a clear and comprehensive scope of work, demonstrated strong relevant project experience, and provided credible local and regional references that reflect a deep understanding of the data, policies, and initiatives relevant to Santa Monica’s study. Based on these factors, the evaluation committee’s, and consistent with the criteria outlined in SMMC 2.24.190, scores rates EPS as the best bidder.

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Environmental Review
Preparation of the Parks and Recreation Development Impact Fee is exempt from CEQA pursuant to Section 15252 (Feasibility and Planning Studies) which exempts feasibility and planning studies for possible future actions that the agency, board, or commission has not approved, adopted, or funded. Therefore, the fee study is exempt from CEQA.

Past Council Actions
Meeting Date Description
01/13/2026
(Attachment A)
Development Impact Fees Report 2025
Financial Impacts and Budget Actions
Staff recommends appropriation of available Park and Recreation Development Impact Fee resources to cover the costs of the nexus fee study and approval of the following budget amendment.

FY 2026-27 Budget Amendment
Release Funds Appropriate Funds
Account # Amount Account # Amount

10.370334 – Park
Impact Fee $ 115,450 10500005.532520 $ 115,450
Total $ 115,450 Total $ 115,450
If modifications or renewals are awarded, budget adjustments will be included in subsequent year budgets, contingent on Council budget approval.

Staff also seeks authority to approve available funding from the Special Revenue Source Fund to award a contract with Economic & Planning Systems, Inc. to prepare a

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nexus study for the Parks and Recreation Development Impact Fee.

Contract Request
FY 2026-27
Request Amount Department Account # Total Contract Amount $115,450 10500005.532520 115,450
Funds will be included in the proposed Operating Budget for FY 2026-27. Future year funding is contingent on Council budget approval.

Prepared By: Tony Lopez, Senior Park Planner
Approved Forwarded to Council
Attachments:

A. January 13, 2026 Staff Report (web link)
B. Levine_Act_Disclosure_Form
C. Oaks Initiative Disclosure Form
D. Santa Monica Terms and Conditions Acceptance by Economic & Planning Systems Inc
E. Written Comments

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City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

CALIFORNIA LEVINE ACT DISCLOSURE
The Levine Act prohibits City Officers from participating in any action related to a contract, license, permit, or entitlement if such Officer received campaign contributions totaling more than $500 within the previous twelve months, and for twelve months following the date of a final decision, from a party or participant to the proceeding, or their agent.

Section 84308(a)(4) of the Levine Act defines an "Officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “Officer” is further defined 2 Cal.

Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency or officers who may do so, and:
(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;
(2) Serve as a member of a board or commission;
(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or (4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of Santa Monica Elected Officials and members of boards and commissions can be found at the following links. The party making this certification is responsible for determining whether a recipient of a political contribution is a City Officer prior to completing this form. https://www.smgov.net/departments/council/
https://www.santamonica.gov/departments/rent-control
https://www.smgov.net/boards/
Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $500 to any City Officer in the twelve months preceding the date of the submission of your application or proposal? ____YES ____ NO
Name of Councilmember or City Officer: _________________________________ Name of Contributor: _________________________________________________ Date(s) of Contribution(s): ____________________________________________ Amount(s) ________________________________________________________ Please specify below and/or add additional sheet(s) to identify additional Councilmembers or City Officers to whom you and/or your agents made campaign contributions.

4.I.b
Packet Pg. 1540 Attachment: Levine_Act_Disclosure_Form (7696 : Award of Parks and Recreation Impact Fee Nexus Study Contract) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

By signing below, you certify you also agree to disclose to the City any future contributions made to Councilmembers or other City Officers by you or your agent(s) after the date of signing this disclosure form, and within 12 months following the approval, renewal, or extension of the requested contract, license, permit, or entitlement.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

4.I.b
Packet Pg. 1541 Attachment: Levine_Act_Disclosure_Form (7696 : Award of Parks and Recreation Impact Fee Nexus Study Contract) SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

State law requires a party to a proceeding to disclose any contributions exceeding an aggregate $500 that the party and their agents have made to an officer of the City within the preceding 12 months. The Disclosure Form is intended to assist City officials with recognizing when they have an obligation to disclose and recuse themselves, and to aid parties with their disclosure obligations.

1. To what sort of proceedings is the disclosure form applicable? The Levine Act applies to all discretionary entitlements and contracts, with the exception of labor contracts, personal employment contracts, and contracts that must be awarded to the lowest responsive/responsible bidder. It does not apply to ministerial approvals.

For instance, the Levine Act applies to the following:
• Building and development permits
• Conditional use permits
• Contracts generally (unless an exception applies):
o Real property contracts for purchase, sale, lease
o Contract amendments
o Settlement agreements
o Contracts for goods, services, professional services that are not awarded pursuant to a competitive process
• Public street abandonments
• Private development plans
• Professional license revocations
• Rezoning of specific real estate parcels
• Event permits
• Rulemaking procedures affecting a particular industry where only a small number of businesses are affected
• Special district formation proceedings involving the creation of a special use or benefit to the person in the district
• Tentative subdivision and parcel maps

4.I.b
Packet Pg. 1542 Attachment: Levine_Act_Disclosure_Form (7696 : Award of Parks and Recreation Impact Fee Nexus Study Contract)

Page 2 ends

• Zoning variances
• Vacation of a public easement across private property • Pre-applications, such as for General Plan Amendment, considered by the legislative body prior to filing of formal application
• Contracts entered under the City Manager’s Authority
• Closed session items that may result in a contract/settlement agreement approved by Council (real estate or litigation)
It does not apply to:
• Contracts under $50,000
• Contracts where no party receives financial compensation • Contracts between two or more public agencies
• Competitively bid contracts that are required by law, agency policy, or agency rule to be awarded pursuant to a competitive process
• Purely ministerial decisions
• General policy decisions or rules where the interests affected are many and diverse
• Ordinances and resolutions (except items like development agreements adopted by ordinance)
• Ballot measures
• Departmental policies
• Council rules
• Labor contracts and project labor agreements
• Personal employment contracts
• Allocation of resources in the City budget

2. Who is required to disclose?
A “party” to a proceeding is any person who files an application for, or is the subject of, a proceeding. In general, a person or company who applies for a permit, license, or right to use property in a particular way, which requires the City’s discretionary approval, will qualify as a party.

Parties are also required to disclose contributions by their agents. An “agent” is someone who (1) represents a party to a proceeding for compensation; and (2) appears before or otherwise communicates with the City for the purpose of influencing the pending proceeding. This can include law firms, architects, engineers, consultants, and similar entities. Both the individual and their employer or firm are considered “agents.” A party should also disclose contributions of other entities majority owned by the party, as well as contributions of any other entity whose contributions it directs or controls.

3. What must be disclosed?
A party must disclose campaign contributions over $250 made in the prior twelve months.

A “contribution” is anything of value for which the party has not received full consideration, including money, nonmonetary items, payments made for advertising or

4.I.b
Packet Pg. 1543 Attachment: Levine_Act_Disclosure_Form (7696 : Award of Parks and Recreation Impact Fee Nexus Study Contract)

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other expenses coordinated with a candidate or committee, loans, tickets to political fundraisers, etc.

4. Who is considered an officer of the City?
An “officer” is anyone who may make, participate in making, or attempt to influence a decision in the proceeding or who exercises authority over officers who may do so. This includes elected officials, members of appointed boards and commissions, the City Manager, and any individual who is a candidate for elected office or who has been a candidate in the twelve months prior to the decision. This definition is included on the Disclosure Form.

5. When should the disclosure occur?
The Disclosure Form must be completed (1) by a party to a contract with the City (or that party’s agent) at the time the party submits a response to a Request for Proposal or other competitive solicitation, enters into contract negotiations with the City, or executes a contract with the City, whichever is earliest; or (2) by a party to a license, permit, or other entitlement proceeding before the City at the time the party (or their agent) submits the license, permit, or entitlement application to the City. The party (or their agent) must submit a supplemental form if they make any new reportable contributions while the same contract, license, permit, or other entitlement is being considered. The party (or their agent) must also use the form if they need to correct any previously submitted form.

Parties are solely responsible for completing the form accurately, and could face penalties for failure to do so. The California Fair Political Practices Commission (FPPC) is the body who enforces violations of the Levine Act. If a party is uncertain about whether they are required to report or combine a contribution, they should consult with their attorney.

Nothing herein constitutes legal advice and individuals are urged to consult with their own attorney regarding the requirements of the law. To the extent there is any inconsistency, the language of the Levine Act and FPPC Regulations govern over this notice. Resources for officers, parties, participants, and agents, are available on the FPPC’s website at https://www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html

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Packet Pg. 1544 Attachment: Levine_Act_Disclosure_Form (7696 : Award of Parks and Recreation Impact Fee Nexus Study Contract)

CITY OF SANTA MONICA OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-month period;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

FOR CITY USE ONLY:

Bid/PO/Contract # Permit #
Economic & Planning Systems, Inc.

Darin Smith, Jason Moody, Teifion Rice-Evans, Benjamin Sigman, Jamie Gomes, Andrew Knudtsen Teifion Rice-Evans Managing Principals
3/20/2026
[email protected] 510-841-9190
Darin Smith, Jason Moody, Teifion Rice-Evans, Benjamin Sigman, Jamie Gomes, Andrew Knudtsen

4.I.c
Packet Pg. 1545 Attachment: Oaks Initiative Disclosure Form (7696 : Award of Parks and Recreation Impact Fee Nexus Study Contract) 1 Esterlina Lugo
From: Teifion Rice-Evans <[email protected]>
Sent: Thursday, May 14, 2026 1:52 PM
To: Tony Lopez; Julie Cooper
Cc: Brian Ralph; Lohita Turlapati
Subject: RE: Santa Monica Terms and Conditions

EXTERNAL
Hi Tony and Brian –

EPS accepts the terms and conditions included in OpenGov.

Thanks also for noting the form issue. We will fill in that space and re-submit,

Best,
Teifion

Teifion Rice-Evans (he/ him/ his)
Economic & Planning Systems, Inc. (EPS)
Direct 510-626-8453
Cell 510-612-0729
[email protected]

From: Tony Lopez <[email protected]>
Sent: Wednesday, May 6, 2026 9:56 AM
To: Teifion Rice-Evans <[email protected]>; Julie Cooper <[email protected]> Cc: Brian Ralph <[email protected]>
Subject: Santa Monica Terms and Conditions

Good morning Teifion and Julie!
We are recommending award on June 9th (we don’t anticipate this date shifting) and we’ll need to include an email from you accepting the terms and conditions that were included in OpenGov. Please confirm you accept these terms and conditions. I’ve cc’d Brian Ralph who is helping coordinate our StaƯ Report as I’ll be away 5/7-5/18.

Thanks!

4.I.d
Packet Pg. 1546 Attachment: Santa Monica Terms and Conditions Acceptance by Economic & Planning Systems Inc [Revision 1] (7696 : Award of Parks and 2 My working hours may look different than your working hours, there is no expectaƟon for a response outside of your normal business hours. Our offices are closed every other Friday.

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Packet Pg. 1547 Attachment: Santa Monica Terms and Conditions Acceptance by Economic & Planning Systems Inc [Revision 1] (7696 : Award of Parks and 1 David Yakobson
From: Sam Shapiro-Kline <[email protected]>
Sent: Monday, June 8, 2026 5:43 PM
To: Caroline Torosis; Dan Hall; Barry Snell; Ellis Raskin; Natalya Zernitskaya; Jesse Zwick; Lana Negrete; councilmtgitems
Subject: Postpone Item 4.I - Parks Nexus Study

EXTERNAL
Mayor and Council Members,
Impact fees have a meaningful impact on the creation of new housing, costing potentially tens of thousands of dollars per apartment. I would strongly encourage the council to review the updating of all development impact fees at the same time, rather than updating the nexus studies piecemeal.

For that reason, council should table item 4.I, which would pay a consultant to update the Parks and Recreation Nexus Study.

It is not possible to have a constructive public discussion about what fees homebuilders should and should not pay when each fee is discussed in isolation. Council should direct staff to present the current status of all impact fees at an upcoming study session, and explore both the updates to fees as well as incentive programs such as the Downtown incentive program simultaneously.

Thank you for your consideration,
Sam Shapiro-Kline
Item 4-I
June 9, 2026
Item 4-I
June 9, 2026

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Packet Pg. 1548 Attachment: Written Comments (7696 : Award of Parks and Recreation Impact Fee Nexus Study Contract) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.J
1 of 4
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Ratify Emergency Purchase Order Modification for Commercial Scaffolding of California Incorporated for Emergency Shoring at PS5
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of statutory exemption pursuant to Section 15269 and a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines; and

2. Ratify the Procurement Manager’s issuance of a purchase order with Commercial Scaffolding of California Incorporated for the extended rental of emergency temporary shoring for Parking Structure 5 for the Department of Transportation. The emergency purchase order modification of $90,000 will be made as an exception to the competitive bidding process pursuant to Section

2.24.250(i) and is for a total amount not to exceed $265,260 with future year funding contingent on Council budget approval.

Summary
Parking Structure 5 (PS5), located at 1440 4th Street, was temporarily closed to vehicle traffic on October 1, 2025, upon the discovery of an area of the structure in need of urgent structural repairs. Santa Monica Department of Transportation (DOT) Parking Operations staff discovered areas of chipping concrete and rusting structural steel in some of the floor slabs at the lower level of the structure. Structural engineering firm Walter P Moore and Associates, Inc (Walter P Moore) was hired to perform a structural assessment of the building, and determined this area needed urgent repairs and that the building was unsafe for vehicle traffic. The assessment recommended repairing the damaged areas and that if the structure were to reopen to vehicles (before the permanent repairs could be performed), temporary shoring should be installed.

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Commercial Scaffolding of California, Incorporated (CSI) completed installation of the temporary shoring later that same month.

The design of the permanent repairs is underway and will be entering the permitting process in June of 2026, which will be followed by a construction bidding process and then construction. Construction is anticipated to take until 2027. The funding authorization for the extended rental of the shoring is expected to expire on August 8, 2026, which is well before the permanent repairs can be completed. An additional 240 days of rental are needed to have the shoring in place throughout the duration of construction.

Background
On November 18, 2025, Council approved the emergency repairs needed to assess the damage, design the repairs, and install the temporary shoring needed to keep PS5 open to vehicle traffic. Extensive details of the structural damage, the temporary shoring, and the permanent repairs needed are detailed in the November 18, 2025, staff report (Exhibit A).

Discussion
Per the Exhibit A staff report, the permanent repairs needed at PS5 require plans and specifications designed by a structural engineer and permitted through the City’s Building and Safety Department. The permitted plans will then need to be bid for construction, and the construction is to be completed by a licensed contractor and approved by the City’s Building and Safety Department. As of June 2026, the City’s hired structural engineer Walter P Moore has almost completed the design process, and will soon be entering into the permitting process with the City.

The permitting process, construction bidding process with the City’s Master Service Agreements, and construction itself are expected to take 8 to 10 months. This puts the completion of construction as far out as April 2027.

The installation of the temporary shoring needed to safely keep PS5 open to vehicular traffic and parking was completed on October 20, 2025. The rental period of the shoring (based on the authorized funding amount approved on November 20, 2025) ends on

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August 6, 2026. In order to keep PS5 open to the public, the shoring has to remain in place until the construction is complete. Therefore, an extended rental period is needed.

It is estimated that an additional 240 days of rental should be enough time for the shoring to remain in place until April 2027. At the rental rate of $375 per day, this puts the cost of additional rental at $90,000. This shoring rental cost is part of the emergency work justified in the November 18, 2025, staff report.

Vendor Selection
Exception to Competitive Bidding
Staff will award a modified purchase order to Commercial Scaffolding Incorporated to keep temporary shoring in place as this is considered part of emergency repairs and is an exception to competitive bidding per Municipal Code 2.24.250(i). The parking structure concrete slab is critical to public safety and requires repair on an emergency basis.
i. A solicitation is made under the emergency procedures set forth in Section2.24.240(d)(3). Without these emergency repairs, the structure would be unsafe for vehicle travel and need to be shut down.

Environmental Review
The contract to conduct emergency repair for PS5 is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15269 and categorically exempt pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Section 15269 exempts emergency projects that include (i) emergency repairs to publicly or privately owned service facilities necessary to maintain service essential to the public health, safety or welfare and (ii) specific actions necessary to prevent or mitigate an emergency. Section 15301 of the CEQA State Guidelines provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The contract for emergency repair work to PS5, an existing public parking structure, is necessary to provide for public safety and prevent an emergency. Therefore, the contract is statutorily exempt pursuant to Section 15269 and categorically exempt pursuant to Section 15301.

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Past Council Actions
Meeting Date Description
11/18/2025 (Exhibit A) Approval of Ratification of Purchase Orders to Walter P Moore and Associates, Inc., Contech Services, Inc., and Commercial Scaffolding of California Incorporated for
Emergency Repairs to Parking Structure #5
Financial Impacts and Budget Actions
Staff seeks authority to approve funding from the General Fund to increase the purchase order amount with Commercial Scaffolding of California, Incorporated (CSI) for the extended rental of emergency temporary shoring for Parking Structure 5. Funds have been included in the FY 2026-27 Budget Plan which was approved by Council in the FY 2025-27 Adopted Biennial Budget.

Purchase Order Modification Request
Purchase Order #
Current
Authorized
Amount
FY 2026-27
Request Amount
Department
Account #
Total Revised
Contract Amount
22601392 $175,260 $90,000 01600004.525080 $265,260
Future year funding is contingent on Council budget approval.

Prepared By: Zach Pollard, Parking Manager
Approved Forwarded to Council
Attachments:

A. Staff Report 7338 - WPM+CSI+Contech
B. CSI Oaks 100325
C. CSI Levine Act Disclosure Form 2025

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City Council
Report
City Council Meeting: November 18, 2025
Agenda Item: 4.H
1 of 6
To: Mayor and City Council
From: Anuj Gupta, Director of Transportation, Parking Operations (DOT) Subject: Approval of Ratification of Purchase Orders to Walter P Moore and Associates, Inc., Contech Services, Inc., and Commercial Scaffolding of California Incorporated for Emergency Repairs to Parking Structure #5 Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of statutory exemption pursuant to Section 15269 and a finding of categorical exemption pursuant to Section 15301 of the California Environmental Quality Act (CEQA) Guidelines;

2. Ratify the Procurement Manager’s issuance of a purchase order with Walter P.

Moore and Associates, Inc. for the assessment of emergency structural repair, design, and permitting work for Parking Structure 5. The emergency purchase was made as an exception to the competitive bidding process pursuant to Section 2.24.250(i) and is for a total amount not to exceed $105,950 (including a 20% contingency);

3. Ratify the Procurement Manager’s issuance of a purchase order with Contech Services, Inc. for the non-destructive testing related to the assessment for emergency structural repair work for Parking Structure 5. The emergency purchase was made as an exception to the competitive bidding process pursuant to Section 2.24.250(i) and is for a total amount not to exceed $2,800;and

4. Ratify the Procurement Manager’s issuance of a purchase order with Commercial Scaffolding of California Incorporated for an emergency temporary shoring installation for Parking Structure 5. The emergency purchase was made as an exception to the competitive bidding process pursuant to Section

2.24.250(i) and is for a total amount not to exceed $175,260 (including a 20% contingency).

Executive Summary
Parking Structure 5 (PS5), located at 1440 4th Street, was temporarily closed to vehicle traffic on October 1, 2025, upon the discovery of an area of the structure in need of urgent structural repairs. Santa Monica Department of Transportation (DOT) Parking

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Packet Pg. 1553 Attachment: Staff Report 7338 - WPM+CSI+Contech (7708 : Modify Purchase Order with CSI Scaffolding) 2 of 6
Operations Staff discovered areas of chipping concrete and rusting structural steel in some of the floor slabs in the lower level of the structure. Structural engineering firm Walter P Moore and Associates, Inc (Walter P Moore) was hired to perform a structural assessment of the building, and determined this area needed urgent repairs and that the building was unsafe for vehicle traffic. The assessment recommended repairing the damaged areas and that if the structure were to reopen to vehicles (before the permanent repairs could be performed), temporary shoring should be installed.

Commercial Scaffolding of California, Incorporated (CSI) has completed installation of the temporary shoring.

Background
Parking Structure 5 (PS5) is a post-tensioned beam and slab structure constructed in 1969, with additional floors added in 1988. In this structure, post tensioned (PT) tendons provide the vertical load carrying capacity in the concrete slabs (all areas not directly on the ground and in between all of the beams). All driving, parking and walking areas above the ground level are on post-tensioned slabs. The PT tendons (in these slabs) must maintain their tension to carry the vertical load safely.

Discussion
Parking Operations staff discovered chipping concrete and rusting structural steel in the concrete slab of a storage area in PS5. This concrete slab area is also below the 1st level parking area of the structure. Upon realizing the seriousness of this apparent structural failure, staff contacted Walter P Moore to assess the condition of the floor/roof slab. Walter P Moore performed the previous 2016 structural assessment of the Cityowned parking structures and designed many of the repairs of the structures in recent Capital Improvement Projects, making them a good candidate for a rapid assessment.

Contech Services, Inc. was hired for some non-destructive testing associated with the assessment. Shortly afterwards, both firms began and completed the testing and assessment of the entire structure.

On September 29, 2025, staff received the Condition Assessment Report for PS5 from Walter P Moore. The report indicated several PT tendons have suffered “severe corrosion and tension loss,” and stated five of these tendons have “no effective tension” in the area of the storage room and above the alley adjacent ADA parking area of PS5

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Packet Pg. 1554 Attachment: Staff Report 7338 - WPM+CSI+Contech (7708 : Modify Purchase Order with CSI Scaffolding) 3 of 6
(see diagram below). The report indicates that “installing temporary shoring immediately is required to mitigate further damage and potential collapse of the slab.” The report added, “Alternatively, the City of Santa Monica can close the garage until repairs are completed.” The damaged area is the first drive aisle that all cars must drive through to enter the structure, therefore the entire structure needed to be closed to vehicles until temporary shoring was installed. Walter P. Moore verified that the City GoSaMo Center and SP Plus offices adjacent to 4th Street had no nearby structural damage, and only the area adjacent to the alley had damage. Therefore, the City offices remained open while the structure was closed to vehicles on October 1, 2025.

Parking Staff quickly solicited three informal bids from shoring companies and hired Commercial Scaffolding of California, Incorporated (CSI) to perform the work. They were selected based on their price and experience in shoring projects. CSI created a temporary shoring plan, it was reviewed by City staff, reviewed by Walter P. Moore, and was stamped by a licensed professional engineer. CSI began installing the shoring on

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Packet Pg. 1555 Attachment: Staff Report 7338 - WPM+CSI+Contech (7708 : Modify Purchase Order with CSI Scaffolding) 4 of 6
October 14, 2025, and completed the work on October 20, 2025. The structure was reopened to vehicles on October 20, 2025.

Why This Work is Considered an Emergency
For the permanent fix (per the assessment), the City must “replace PT tendons in the structural slab at west bay on the PT slab P1, or install an alternate engineered system” and “perform further investigation, including destructive and concrete testing, to determine the extent of deterioration and guide long-term repairs for the PT slab on the 1st elevated level.”
Staff believes these issues constitute what Santa Monica Municipal Code section

2.24.240 (d) (3) define as “An urgent, unforeseen event that threatens life, property, or the general public health, safety and welfare.” These failing PT tendons can lead to a slab failure resulting in a potential loss of life or property.

Temporary shoring alone does not resolve the underlying failure or restore the structural capacity of the affected member. Permanent repairs are needed and require specialized engineering and construction services to replace or re-tension the damaged posttension tendons, repair surrounding concrete, install new water proofing, and verify the integrity of adjacent tendons. Accordingly, both the temporary and permanent solutions meet the definition of an emergency under Santa Monica Municipal Code Section

2.24.240 (d). Deeming both the temporary shoring and the permanent structure repairs an emergency allows the City to expedite the procurement process for the firms and contractors needed to complete these assessments, temporary fixes, and repairs. This ensures that the structure is returned to a safely usable condition as soon as possible.

Next Steps
The City has authorized Walter P Moore for the design and permitting of the Post Tension Tendon Repair and Waterproofing needed to address the structural damage of PS5 in the amount of $81,600 (includes 20% contingency). This design and permitting is underway now. Once completed and fully permitted through the City’s Building and Safety Department, the work will be bid for construction through the City’s Master Service Agreements. Once a task order is issued, the work will be completed by the

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contractor and the temporary shoring will be removed. This construction work is expected to cost $500,000 to $600,000.

Vendor Selection
Exception to Competitive Bidding
Staff awarded a purchase order to Walter P. Moore and Associates, Inc., Contech Services, Inc., and Commercial Scaffolding Incorporated to assess, design, and make these emergency repairs as an exception to competitive bidding per Municipal Code

2.24.250(i). The parking structure concrete slab is critical to public safety and required an emergency repair.

A solicitation is made under the emergency procedures set forth in Section

2.24.240(d)(3). Without these emergency repairs, the structure would be unsafe for vehicle travel and need to be shut down.

Past Council Actions
None.

Financial Impacts and Budget Actions
Purchase orders to Walter P. Moore, Contech Services, Inc. and CSI Shoring were issued for the emergency shoring of PS5. Once Walter P. Moore’s design and permitting is complete, then the project will be bid for construction using the City’s

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Packet Pg. 1557 Attachment: Staff Report 7338 - WPM+CSI+Contech (7708 : Modify Purchase Order with CSI Scaffolding) 6 of 6
Master Service Agreements to expedite the process. This work is expected to cost from $500,000 to $600,000.

Contract/Purchase Order Request
Agreement # /
Vendor
FY 2025-26
Request
Amount
Department Account # Total Contract/ Purchase
Amount
Walter P.

Moore $105,950 01600004.525080 $105,950
Contech
Services, Inc $2,800 01600004.525080 $2,800
CSI Shoring $175,260 01600004.525080 $175,260
Prepared By: Zach Pollard, Parking Manager
Approved Forwarded to Council
Attachments:

A. CSI Oaks
B. WPM Levine Act Disclosure Form 2025
C. CSI Levine Act Disclosure Form 2025
D. WP Moore Oaks Form

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Packet Pg. 1558 Attachment: Staff Report 7338 - WPM+CSI+Contech (7708 : Modify Purchase Order with CSI Scaffolding)

CITY OF SANTA MONICA

OAKS INITIATIVE NOTICE

NOTICE TO APPLICANTS, BIDDERS, PROPOSERS

AND OTHERS SEEKING DISCRETIONARY PERMITS, CONTRACTS,

OR OTHER BENEFITS FROM THE CITY OF SANTA MONICA
Santa Monica’s voters adopted a City Charter amendment commonly known as the Oaks Initiative. The Oaks Initiative requires the City to provide this notice and information about the Initiative’s requirements. You may obtain a full copy of the Initiative’s text from the City Clerk.

This information is required by City Charter Article XXII—Taxpayer Protection.

It prohibits a public official from receiving, and a person or entity from conferring, specified personal benefits or campaign advantages from a person or entity after theofficial votes, or otherwise takes official action, to award a “public benefit” to that person or entity. The prohibition applies within and outside of the geographical boundaries of SantaMonica.

All persons or entities applying or receiving public benefits from the City of Santa Monica shall provide the names of trustees, directors, partners, and officers, and names of persons with more than a 10% equity, participation or revenue interest. An exception exists for persons serving in those capacities as volunteers, without compensation, for organizations exempt from income taxes under Section 501(c)(3), (4), or (6), of the Internal Revenue Code. However, this exception does not apply if the organization is a political committee or controls political committees.

Examples of a “public benefit” include public contracts to provide goods or services worth more than $25,000 or a land use approval worth more than $25,000 over a 12- month period.

In order to facilitate compliance with the requirements of the Oaks Initiative, theCity compiles and maintains certain information. That information includes the name of any personorpersons whois seeking a “publicbenefit.” If the“public benefit” is sought by an entity, ratherthan an individual person, the information includes the nameof everyperson who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity. Therefore, if you are seeking a “public benefit” covered by the Oaks Initiative, you must supply that information on the Oaks Initiative Disclosure Form. This information must be updated and supplied every 12 months.

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Packet Pg. 1559 Attachment: CSI Oaks 100325 (7708 : Modify Purchase Order with CSI Scaffolding)

CITY OF SANTA MONICA

OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles and maintains certain information. That information includes the name of any person or persons who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an individual person, the information includes the name of every person who is: (a) trustee, (b) director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.

Public benefits include:

1. Personal services contracts in excess of $25,000 over any 12-monthperiod;

2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12- month period;

3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12- month period;

4. Non-competitive franchise awards with gross revenue of $50,000 or more inany 12-month period;

5. Land use variance, special use permit, or other exception to an established land use plan, where the decision has a value in excess of $25,000;

6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12- month period; or

7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12- month period.

Name(s) of persons or entities receiving public benefit:

Name(s) of trustees, directors, partners, and officers:

Name(s) of persons with more than a 10% equity, participation, or revenue interest:

Prepared by: Title:

Signature: Date:

Email: Phone:

Permit #
FOR CITY USE ONLY:

Bid/PO/Contract #

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Packet Pg. 1560 Attachment: CSI Oaks 100325 (7708 : Modify Purchase Order with CSI Scaffolding) City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

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Packet Pg. 1561 Attachment: CSI Levine Act Disclosure Form 2025 (7708 : Modify Purchase Order with CSI Scaffolding) City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request. 11/07/2025 Betty Mendez Assistant Controller Commercial Scaffolding of CA. Inc.

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Packet Pg. 1562 Attachment: CSI Levine Act Disclosure Form 2025 (7708 : Modify Purchase Order with CSI Scaffolding) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.K
1 of 5
To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Facilities Maintenance Division Subject: Approval of the First Modification to Agreement #11584 with ACCO Engineering Systems for Mechanical and Heating, Ventilation, and Air Conditioning Maintenance and Repair Services
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines; and

2. Authorize the City Manager to execute a first modification to agreement #11584 in the amount of $3,000,000 with ACCO Engineered Systems, Inc. (ACCO) for mechanical and heating, ventilation, and air conditioning maintenance and repair services for the Public Works Department. This will result in an amended agreement with a new total amount not to exceed $9,500,000, with future year funding contingent on Council budget approval.

Summary
The City of Santa Monica’s (City) Facilities Maintenance Division contracts for mechanical and heating, ventilation, and air conditioning (HVAC) services to support the operation of City facilities, including City Hall campus, libraries, park buildings, the airport and fire stations. These services supplement in-house staff and focus on large repairs and maintenance of complex HVAC systems. Since the contract was awarded, demand for HVAC services has increased due to aging infrastructure and deferred maintenance needs resulting from a reduced capital program funding. As a result, existing contract authority is being expended more rapidly than anticipated.

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Staff recommends increasing agreement #11584 with ACCO Engineered Systems, Inc. (ACCO) by $3,000,000, for a revised total amount not to exceed $9,500,000, to ensure continuity of services and support the safe and efficient operation of City facilities through the current contract term.

Discussion
On May 28, 2024, City Council awarded Bid No. SP2694 to ACCO and authorized execution of agreement #11584 for an initial term of three years, in an amount of $5,000,000, with an additional one year option to renew in the amount of $1,500,000 for a total amount not to exceed $6,500,000 over a four-year term. Since that time, demand for HVAC services has increased due to aging infrastructure, deferred maintenance, and unplanned emergency repairs as a direct result of capital funding shortfalls. Critical equipment—including chillers, cooling towers, boilers, and pumps—is reaching or exceeding its useful life and now requires substantial repair or replacement.

In addition, most City facilities currently use HVAC equipment that relies on refrigerant R-410A, which the U.S. Environmental Protection Agency (EPA) banned for use in new equipment as of January 1, 2025. As a result, major repairs or full system replacements can no longer use like-kind equipment. Instead, they must transition to A2L (mildly flammable) refrigerants such as R-454B or R-32, which in turn triggers costly building safety code upgrades. Because the original bid was awarded before the refrigerant ban, the cost of upgrading these systems was not included in the City’s original solicitation.

As a result, the existing contract authority is no longer sufficient to support current needs through the contract term ending August 12, 2027.

The Facilities Maintenance Division employs four in-house staff to perform routine HVAC maintenance, including tasks such as filter and belt replacement and control adjustments. However, due to the size and complexity of HVAC systems at City facilities, specialized and large-scale work must be performed by contractors. ACCO has provided maintenance and repair services at major City facilities, including the City Hall Campus, Public Safety Facility, libraries, park buildings, airport buildings, and fire

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stations. Contracted services are used for complex systems, major repair and replacement projects, and emergency work necessary to prevent service disruptions.

Increasing contract authority would allow staff to address deferred maintenance in a planned manner, reduce the risk of system failures and emergency repairs, and improve reliability and efficiency across City facilities. As these larger repairs are completed, inhouse staff would be able to focus more proactively in maintaining city systems rather than reactively addressing imminent failures.

Staff recommends increasing agreement #11584 with ACCO by $3,000,000, for a revised total amount not to exceed $9,500,000, with no change to the contract term.

ACCO would continue to provide services in accordance with the existing scope of work, and all other terms and conditions would remain unchanged.

Environmental Review
The proposed action is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines.

Section 15301 provides a Class 1 exemption for projects consisting of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use.

The proposed contract amendment will support ongoing mechanical and HVAC maintenance and repair services at existing City facilities. These activities will not result in modifications that expand or materially change the use of the facilities. Instead, the work will maintain and repair existing systems to ensure their continued safe and efficient operation. Therefore, the proposed action is categorically exempt under Section 15301 of the CEQA Guidelines.

Past Council Actions

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Meeting Date Description
05/28/2024
(Attachment A)
Award a Contract with ACCO Engineered Systems, Inc. for the Airport Mechanical Equipment Replacement Project, and a Contract With Same Contractor, ACCO Engineered Systems, Inc., for Citywide On-Call Mechanical Equipment Services.

Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from various City funds to increase agreement #11584 for deferred maintenance and major HVAC repairs and replacements at City facilities through the end of the contract term. The cost will be charged to the appropriate department or applicable CIP account, as needed.

Contract Modification Request
Current
Authorized
Amount
FY 2026-27
Request
Amount
Future Years
Amount Dept/CIP Account #
Total
Revised
Contract
Amount
$6,500,000 $600,000 $2,400,000 Various $9,500,000
Funds will be included in the proposed Operating Budget for FY 2026-27 and the proposed Biennial Capital Improvement Program Budget for FY 2026-28. Future year funding is contingent on Council budget approval.

Prepared By: Shidan Adlparvar, Facilities Services Administrator Approved Forwarded to Council

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Attachments:

A. May 28, 2024 Staff Report (web link)
B. Levine Act Disclosure Form 2025_3-27-25 _EB sig
C. ACCO Oaks 4-28-26
D. _EXECUTED CSA_ACCO_CT11584

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City of Santa Monica Levine Act Disclosure Form

CITY OF SANTA MONICA

Code Regs. Section 18438.1, which states:

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Packet Pg. 1568 Attachment: Levine Act Disclosure Form 2025_3-27-25 _EB sig [Revision 1] (7594 : ACCO First Modification HVAC Maintenance and City of Santa Monica Levine Act Disclosure Form
Answering YES does not preclude the City of Santa Monica from awarding a contract, license, permit, or entitlement or taking any subsequent action related to the item. It does, however, preclude the identified City Officer from participating in any actions related to such item.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUEAND CORRECT.

Signed: ____________________________ Date: ____________________ Print Name: _________________________ Title: _____________________ Company: __________________________
Additional Disclosures:

Please note this form is a public record and subject to a California Public Records Act request.

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Packet Pg. 1569 Attachment: Levine Act Disclosure Form 2025_3-27-25 _EB sig [Revision 1] (7594 : ACCO First Modification HVAC Maintenance and SANTA MONICA CITY ATTORNEY’S OFFICE
TO: Public
FROM: City Attorney’s Office
RE: Levine Act Disclosure Form
The Levine Act (Government Code 84308) is a California law aimed at preventing “pay to play” practices by prohibiting parties, participants, and their agents in a proceeding involving a license, permit, or other entitlement from contributing more than $500 to an officer of the City during a 12-month period. The prohibition applies to any 12-month period while the proceeding is pending and for 12 months following the date a final decision is rendered in the proceeding.

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Packet Pg. 1570 Attachment: Levine Act Disclosure Form 2025_3-27-25 _EB sig [Revision 1] (7594 : ACCO First Modification HVAC Maintenance and

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Santa Monica City CouncilJune 9, 2026

Santa Monica City Council
June 9, 2026