HomeMy WebLinkAbout FULL AGENDA PACKET_2021-03-02
Parks, Recreation, and Community Services
https://www.santa-ana.org/parks
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Approve an Agreement with Friends of the Santa Ana Zoo
AGENDA TITLE:
Approve an agreement with Friends of the Santa Ana Zoo for the benefit and support of
the Santa Ana Zoo at Prentice Park for the period March 1, 2021 to February 28, 2026
with two, one-year renewal options (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Friends of Santa Ana Zoo for
the benefit and support of the Santa Ana Zoo for the term from March 1, 2021 through
February 28, 2026, with two, one-year renewal options, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
Friends of Santa Ana Zoo (FOSAZ) is a non-profit, 501(c)3 organization first incorporated
in 1982 for the purpose of funding and supporting a children’s zoo. In 1987, the
organization expanded to provide financial and marketing support for the Santa Ana Zoo
(Zoo). Primarily, FOSAZ directs fundraising efforts through a broad spectrum of
approaches, including appeals for private giving, grant applications, and events, such as
Boo at the Zoo, Sunsets at the Zoo summer concert series, and Zoofari black-tie gala.
Recently, FOSAZ established an endowment to secure long-term income. In addition,
FOSAZ manages and provides volunteers for enterprises that benefit Zoo improvements
and animal care such as: membership program, special events, rentals, Treetop Toys Gift
Shop, and rides (Zoofari Express Train, 50-Monkeys Ferris Wheel, and Endangered
Species Carrousel). FOSAZ contributes $100,000 annually to offset the cost of a City full-
time education staff position and veterinary services. Beyond fundraising, FOSAZ
enhances the Zoo’s mission by marketing and public relations, ongoing maintenance,
projects, and City staff development. FOSAZ operates under the leadership of a
volunteer Board of Directors and an Executive Director.
The history of agreements, amendments, and extensions with FOSAZ is as follows:
On April 3, 2000, the City Council approved Agreement No. A-2000-062 for the
development of the Children’s Zoo Project.
Approve an Agreement with Friends of the Santa Ana Zoo
March 2, 2021
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On December 3, 2001, the City Council approved Agreement No. A-2001-242 for
the benefit and support of the Zoo.
On December 3, 2001, the City Council approved an Amended and Restated
Agreement No. A-2001-243 for the development of the Children’s Zoo. This
amendment provided for the design, financing, and construction of a Children’s
Zoo and a $2,000,000 contribution for the cost of construction.
On December 4, 2006, the City Council approved the First Amendment to
Agreement No. A-2006-318 for the benefit and support of the Zoo. This
amendment provided additional terms and conditions that addressed revenue
sharing, facility rentals, and annual reviews.
On October 6, 2008, the City Council approved Funding Agreement No. A-2008-
279 accepting $443,937 for the development of the Tierra de las Pampas Exhibit.
On August 2, 2010, the City Council approved a Second Amendment to Agreement
No. A-2010-154 for the benefit and support of the Zoo. This amendment increased
the financial contributions for veterinary expenses and clarified the City shall
deposit concession revenue into the City General Fund.
On December 1, 2010, the City Council approved a Third Amendment to
Agreement No. A-2010-154-01 for the benefit and support of the Zoo.
On January 17, 2012, the City Council approved Funding Agreement No. A-2012-
001 for the renovation of asphalt walkways at the Zoo.
On July 15, 2013, the City Council approved a Funding Agreement No. A-2013-
107 accepting $350,000 of grants and contributions from FOSAZ to develop an
Ocelot Exhibit at the Zoo.
On July 1, 2014, the City Council approved an Amendment to Agreement No. A-
2014-158 to accept an additional $176,902 donation for the Ocelot Exhibit project
for a total project contribution of $526,902.
On March 1, 2016, the City Council approved Agreement No. A-2016-035 for the
benefit and support of the Zoo. This agreement continued previous annual
contributions and increased the annual veterinary subsidy and added an annual
subsidy for a City full-time education staff position.
On March 1, 2016, the City Council approved Agreement No. A-2016-036 for the
installation and operation of a Ferris wheel concession.
Approve an Agreement with Friends of the Santa Ana Zoo
March 2, 2021
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On July 31, 2017, the City Council approved a First Amendment to Agreement No.
A-2016-035-01 for the benefit and support of the Zoo. This amendment provides
additional funding for the annual veterinary subsidy and education position.
On March 1, 2019, the City Extended Agreement No. A-2016-035 for an additional
two-year period from March 1, 2019 through February 28, 2021.
On December 4, 2020, the City Council approved a Second Amendment to
Agreement No. A-2016-035-03. Due to COVID-19 this amendment lowered the
annual contributions due to the closure of the Zoo, loss of memberships, and
concession revenue.
Throughout FOSAZ’s 49-year history with the Zoo and City of Santa Ana, they have
contributed significant financial donations, provided countless volunteer hours, and
presented hundreds of successful special events like Boo at the Zoo and Sunsets at the
Zoo. The impact of FOSAZ on the Zoo and the benefit provided to the community is
immeasurable.
The salient terms of the proposed agreement are as follows:
Five-year agreement term with renewal options.
$100,000 annual contribution to City General Fund for veterinary contract
expenses and the salary of one full-time educational position.
Quarterly contribution of 10% of the net proceeds of all membership sales and
concessions into the General Fund for Zoo capital and operating expenses like
improvement projects and purchase of animals.
Addition of Tuberculin (TB) testing requirement for certain City staff and volunteers,
consistent with City policies for the Zoo.
Recognition of an endowment created for Zoo support.
Clarification of volunteer recruitment and coordination responsibilities between
FOSAZ and City.
Encourage use of sustainable packaging and elimination of single-use plastics in
the gift shop and in marketing materials.
Clarification to allow FOSAZ staff and volunteers to assist with animal feeding and
animal contact in the goat encounter area.
Addition of language for any further closures due to the COVID-19 pandemic.
City and FOSAZ will work together to select and implement a mutually acceptable
industry standard ticketing system to provide efficient processing of tickets,
memberships, point-of-sale items, and other key features.
City will contract with a professional marketing firm to redevelop the Zoo website
and provide consistent branding on social media platforms currently managed by
FOSAZ.
FOSAZ staff and volunteers are authorized to attend City sponsored safety training
events.
Approve an Agreement with Friends of the Santa Ana Zoo
March 2, 2021
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FISCAL IMPACT
FOSAZ will contribute funds to offset the cost of a full-time education position ($40,000)
and veterinary services contract ($60,000). Funds shall be deposited in the following
accounts for the term of the agreement and renewal periods:
Fiscal YearAccounting Fund Accounting Unit, Annual
Unit-Account #DescriptionAccount DescriptionAmount
FY 21-22 to FY 01113002-General PRCSA, Friends of Zoo $40,000
27-2857385FundEducation Contribution
FY 21-22 to FY 01113002-General PRCSA, Friends of Zoo $60,000
27-2857380FundVet Contribution
FOSAZ will contribute 10% of the net proceeds of all membership sales and concessions
to the City for Zoo capital and operating expenses including, but not limited to,
improvement projects, educational opportunities, staff development, and/or purchase of
animals, as determined by the City. Funds relating to this contribution shall be deposited
in the following account for the term of the agreement and renewal periods.
Fiscal YearAccounting Fund Accounting Unit, Annual
Unit-Account #DescriptionAccount DescriptionEstimated
Amount
FY 21-22 to 01113002-General PRCSA, Friends of Zoo $58,800
FY 27-2857383FundContribution
EXHIBIT(S)
1. Agreement
Submitted By:Lisa Rudloff, Executive Director, Parks, Recreation and Community
Services Agency
Approved By: Kristine Ridge, City Manager
Exhibit 1
AGREEMENTBETWEEN THE CITY OF SANTA ANA AND THE FRIENDS OF
SANTA ANA ZOO FOR THE BENEFIT AND SUPPORT OF THE SANTA ANA ZOO
ATPRENTICE PARK
THIS AGREEMENTismade and enteredinto onthis 2ndday of March,2021, by
and between the City of Santa Ana, a charter city and municipal corporation duly
organized and existing under the constitution and lawsof the state of City
and Friends of Santa Ana Zoo, a California non-profit public benefit corporation,
organized for the purpose of supporting the operation, maintenance and expansion of the
Santa Ana Zoo at Prentice Parkthrough charitable fund-FOSAZ
RECITALS
A.Cityowns and operates for the public benefit the Santa Ana Zoo atPrentice Park
oo),which is under management and control of the Parks,Recreation and
Community Services Agency.
B.was incorporated in 1982for the purpose of
agreement
.
C.In 1987, was changed to Friends of Santa Ana Zoo.
D.For over thirtyyears,the CityandFOSAZ(collectivelyhave
cooperated to develop theZoo,new animal habitats, coordination of volunteer
services, concession management, and fundraising.
E.Cooperation and support byFOSAZremainsongoing and the Parties now desire
to enter into anand
reflects the present collaborative arrangementsbetween themin support of the
Zoo.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the Parties agree as follows:
1.SCOPE OF SERVICE
FOSAZshall develop financial support, growth, and community awareness for the
Santa AnaZoo. The delineation of the duties, responsibilities, and activities of the
Parties shall be fully detailed in the attached Exhibit A.
2.TERM
This Agreement shall commence March 1, 2021 and terminate on February 28,
2026, unless terminated earlier in accordance with Section 3, below. There shall
be two(2)optional one-year extensions allowed pursuant to this Agreement and
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Exhibit 1
exercisable by the City with the approval of the FOSAZ.Additionally, the Parties
agree that certain specified sections of this Agreement, as detailed within the
Agreement, will survive termination or expiration of the Agreement.
3.TERMINATION CLAUSE
This Agreement may be terminated by either party upon ninety (90) days written
notice. In such event,the Parties shall satisfy all their respective obligations under
this Agreement that may be due and owing through the effective date of
termination.
4.INDEPENDENT CONTRACTOR
In the exercise of its obligations, during the entire term of this Agreement, FOSAZ
shall act at all times as an independent contractor and not as an employee of the
City. Nothing in this Agreement shall be construed to establish a partnership, joint
venture, group, pool, syndicate, or agency between the Partiesor to allow the City
toexercise discretion or control over theprofessional manner in which FOSAZ
performs the services which are the subject matter of thisAgreement; however,
the services to be provided by FOSAZshall be provided in a mannerconsistent
with all applicable standards and regulations governing such services.No
provision contained herein shall be construed as authorizing or empowering either
party to assume or create any obligation or responsibility, whatsoever, express or
implied, on behalf, or in the name of, the other party in any manner, or to make
any representation, warranty, or commitment on behalf of the other party. In no
event shall either party be liable for a) any loss incurred by the other party in the
course of its performance hereunder, or b) any debts, obligations, or liabilities of
the other party, whether due or to become due.FOSAZshallpay all salaries and
wages, social security taxes, unemployment insurance and similar
taxes relating to itsemployees and shall be responsible for all applicable
withholding taxes.
5.INSURANCE
Prior to undertaking performance of work under this Agreement, FOSAZ shall
maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below:
5.1 Commercial General Liability Insurance. FOSAZ shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of s operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. There shall not be
any exclusion for coverage of sexual molestation. The amounts of insurance shall
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Exhibit 1
be not less than the following: single limit coverage applying to bodily and personal
injury, including death resulting therefrom, and propertydamage, in the total
amount of $2,000,000 per occurrence, with $2,000,000 inthe aggregate. Such
insurance shall (a) be primary with respect to insurance or self-insurance programs
maintained by the City; and (b) contain standard separation of insureds provisions.
5.2Business automobile liability insurance, or equivalent form, with a combined
single limit of not less than $ 1,000,000 per occurrence. Such insurance
shall include coverage for owned, hired and non -owned automobiles.
5.3Compensation Insurance. In accordance with the California Labor
Code, FOSAZ, if FOSAZhas any employees, is required to be insured
against liability for compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement,
FOSAZagrees to obtain and maintain any employer's liability insurance
with limits not less than $ 1,000,000 per accident.
5.4IfFOSAZis or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a
combined single limit of not less than $ 1,000,000 per claim.
5.5The following requirements apply to the insurance to be provided by FOSAZ
pursuant to this section:
5.5.1FOSAZshall maintain all insurance required above in fullforce and
effect for the entire period covered by this Agreement.
5.5.2Certificates of insurance shall be furnished to the City upon execution
of this Agreement and shall be approved by the City.
5.5.3Certificates and policies shall state that the policies shall not be
cancelled or reduced in coverage or changed in any other material
aspect, by FOSAZ, without thirty (30) days prior written notice to the
City.
5.5.4FOSAZshall supply City with a fully executed additional insured
endorsement.
5.5.5To the extent that FOSAZhas insurance coverage in excess of that
set forth in this Agreement, City shall be entitled to coverage to the
full extent of FOSAZ's insurance coverage in place during the term
of this Agreement.
5.5.6If FOSAZfails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with
required proof that insurance has been procured and is in force and
paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not affect
right to be paid for its time and materials expended prior to
notification of termination. FOSAZwaives the right to receive
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Exhibit 1
compensation and agrees to indemnify the City for any work
performed prior to approval of insurance by the City.
6.INDEMNIFICATION
6.1FOSAZagrees to defend, and shall indemnify and hold harmless the City,
its officers, agents, employees, providers,special counsel, and representatives
from liability:
6.1.1For personal injury, damages, just compensation, restitution, judicial
or equitable relief arising out of claims for personal injury, including death, and
claims for property damage, which may arise from the negligent operations of
FOSAZ or its subcontractors, agents, employees, or other persons acting on their
behalf which relates to the services described in section 1 of this Agreement; and
6.1.2From any claim that personal injury, damages, just compensation,
restitution, judicial or equitable relief isdue tothe terms of or effects arising from
this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or
alleged to have been suffered, by reason ofthe events referred to in this Section
or by reason of the terms of, or effects, arising from this Agreement. FOSAZ further
agrees to indemnify, hold harmless, and pay all costs for the defense of the City,
including fees and costs for special counsel to be selected by the City, regarding
any action by a third party challenging the validity of this Agreement, or asserting
that personal injury, damages, just compensation, restitution, judicial or equitable
relief due to personal or property rights arises byreason of the terms of, or effects
arising from this Agreement. City may make all reasonable decisions with respect
to its representation in any legal proceeding. This indemnification provision shall
survive expiration or termination of this Agreement.
6.2City agreestoindemnify and hold harmless, FOSAZ, its officers,
employees, and agents from claims, actions, damages,or litigationresulting from
theand/or Zoofacilities(except those owned or
operated by FOSAZ), and
pursuant to this Agreement, unless such claims, actions, damages,or litigation
result from thesolenegligence or willful misconduct of FOSAZ, its officers,
employees, or agents.This indemnification provision shall survive expiration or
termination of this Agreement.
7.RECORDS
FOSAZshall keep records and invoices in connection with the work to be
performed under this Agreement. FOSAZshall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any services,
expenditures, and disbursements charged to the City for a minimum period of three
(3) years, or for any longer period required by law, from the date of final payment
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Exhibit 1
to FOSAZunder this Agreement. All such records and invoices shall be clearly
identifiable. FOSAZshall allow a representative of the City to examine, audit, and
make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. FOSAZshall allow
inspection of all work, data, documents, proceedings, and activities related to this
Agreement foraperiod of three (3) years from the date of final payment to FOSAZ
under this Agreement. This records provision shall survive expiration or termination
of this Agreement.
8.AUDIT OF BOOKS AND RECORDS
8.1FOSAZ shall have its books and records audited or reviewed annually by
an independent accounting firm at FOSAZexpense. City shall receive
annually from FOSAZ an audited or reviewed financial report, which shall
include, but not be limited to, its statements of financial position and
activities. This reviewed financial report shall be prepared by FOSAZ and
accompa
8.2City, using its own staff or an independent accounting firm and generally
accepted accounting principles, shall have the right, at its expense, to audit
all FOSAZ books and records annually. Likewise, FOSAZ, using an
independent accounting firm and generally accepted accounting principles,
records related to funds transmitted to the City by FOSAZ. City retains the
right to audit FOSAZadministrative costs and other costs used to maintain
the FOSAZ organization.
9.CONFIDENTIALITY
IfFOSAZreceives from the City information which due to the nature of such
information is reasonably understood to be confidential and/ or proprietary, FOSAZ
agrees that it shall not use or disclose such information except in the performance
of this Agreement, and further agrees to exercise the same degree of care it uses
to protect its own information of like importance, but in no event less than
reasonable care. "Confidential Information" shall include all nonpublic information.
Confidential information includes not only written information, but also information
transferred orally, visually, electronically, or by other means. Confidential
information disclosedto either party by any subsidiary and/ or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and
nondisclosure shall not applyto any information that:
Has been disclosed in publicly available sources;
Is, through no fault of the FOSAZdisclosed in a publicly available
source;
Is in rightful possession of the FOSAZwithout an obligation of
confidentiality;
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Exhibit 1
Is required to be disclosed by operation of law; or
Is independently developed by the FOSAZwithout reference to
information disclosed by the City.
This confidentiality provision shallsurvive expiration or termination of this
Agreement.
10.CONFLICT OF INTEREST CLAUSE
FOSAZcovenants that it presently has no interest and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services
specified under this Agreement.
11.GENERAL LICENSE
City hereby grants FOSAZ, its directors, officers, employees, contractors,
subcontractors, and consultants a nonexclusive license to enter upon and use the
established by this Agreement, including, but not limited to, organizing small group
meetings and large/group community meetings and events at the Zoo, such as
fundraising events, programs, and tours of Zoo facilities in connection with this
Agreement. Any use of the Zoo facilities by FOSAZ must be approved by the Zoo
Director.
12.BACKGROUNDAND HEALTHCHECK REQUIREMENTS
12.1FOSAZshall not assign any employee, agent, subcontractor or volunteer to
provide services pursuant to this Agreement, if that employee, agent,
subcontractor or volunteer is required to register as a sex offender under
California Penal Code Section 290 et seq, has a conviction for any crime of
moral turpitude, has a conviction for a violent felony as defined in California
Penal Code Section 667.5(c), or has a conviction for a serious felony as
defined in California Penal Code Section 1192.7(c). Disqualifying
convictions include but are not limited to, violations of California Penal Code
Sections 37, 128, 136. 1 with Section 186. 22, 187, 190-190.4and 192(a),
205, 206, 207-209.5, 211, 212, 212. 5, 213, 214, 215, 218-219, 220,
236.1(b) or 236.1(c), 243.4, 261, 261.5, 273.5, 262, 264.1, 266, 266c, 266h,
266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288, 288a, 288.2,
288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311, 314,
347(a), 368, 417(b), 451(a), 518 with 186. 22, 647.6, 653f(c), 664 and 187,
667.5(c), 18745, 18750, or 18755, 12022.53, 11418(b)(1) or (b)(2);
Business and Professions Code Section 729. Failure to comply with this
Section shall be grounds for immediate termination of this Agreement.
12.2In accordance with health and safety procedures and policies required by
the City for all Zoo staff and volunteers, a tuberculin (TB)
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Exhibit 1
testing/surveillance program has been establishedfor specifiedpaid and
unpaid City staff to assure the health ofCity staff, volunteers,and the
animals. Any FOSAZ staff, volunteers, or other persons whom are deemed
by Zoo or City personnel to require a TB test, as set forth inthe
aforementioned City policy, shall provide proof of such testing, with a
negative TB test result, commiserate with City policy. Any FOSAZ
employees, agents, volunteer or other designated persons whom do not
partake in such Cityrequired TB testing shall be duly informed, in writing,
to cease any activities that would place City staff and the Zoo animals at
risk.
13.NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered
in person or mailed by first class or certified mail, postage prepaid, or sent by fax
or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City:Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P. O. Box 1988
Santa Ana, CA 92702
With copyto: Executive Director
Parks, Recreation and Community Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P. O. Box 1988
Santa Ana, CA 92702
To FOSAZ:Executive Director
Friends of Santa Ana Zoo
1801 East Chestnut Avenue
Santa Ana, CA 92701
A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new
address. If sent by mail, communication shall be effective or deemed to have been
given three(3) days after it has been deposited in the United States mail, duly
registered or certified, with postage prepaid, and addressed as set forth above. If
sent by fax, communication shall be effective or deemed to have been given
twenty-four (24) hours after the time set forth on the transmission report issued by
the transmitting facsimile machine, addressed as set forth above. For purposes of
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Exhibit 1
calculating these timeframes, weekends, federal, state, County or City holidays
shall be excluded.
14.EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the
City and FOSAZregarding the subject matter herein, and supersedes any and all
other agreements, oral or written, between the parties. In the event of a conflict
between the terms of this Agreement and any attachments hereto, the terms of
this Agreement shall prevail. This Agreement may not be modified except by
written instrument signed by the City and by an authorized representative of
FOSAZ.The parties agree that any terms or conditions of any purchase order or
other instrument that are inconsistent with, or in addition to, the terms and
conditions hereof, shall not bind or obligate FOSAZor the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which are not embodied herein.
15.LICENSES
FOSAZshall, throughout the termof this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision
of the services hereunderand required by the laws and regulations of the United
States, the State of California, the City ofSanta Ana and all other governmental
agencies. FOSAZshall notify the City immediately and inwriting of its inability to
obtain or maintain such permits, licenses, approvals, waivers, andexemptions.
Said inability shall be cause for termination of this Agreement.
16.SEVERABILITY
In the event that one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by
valid judgment or decree of a court of competent jurisdiction, such invalidity or
unenforceability shall not affect any of the remaining phrases, sentences, clauses,
paragraphs, or sections of this Agreement, which shall be interpreted to carry out
the intent of the parties hereunder.
17.EXHIBITS
All Exhibits referenced herein and/ or attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
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Exhibit 1
18.AUTHORITY
The person(s) executing this Agreement on behalf of the parties hereto warrant
that they are duly authorized to execute this Agreement on behalf of said parties
and that by so executing this Agreement, the parties hereto are formally bound by
the provisions of this Agreement.
19.COUNTERPARTS
This Agreement may be executed by the parties hereto in separate counterparts,
each of which when executed and delivered shall be an original, but all such
counterparts shall together constitute one and the same instrument.Each
counterpart may consist of a number of copies hereof each signed by less than all,
but together signed by all of the parties hereto.
20.ELECTRONIC SIGNATURES
This Agreement and counterparts of this Agreement may be executed and
delivered by facsimile or other electronic means by any of theparties to this
Agreement. The facsimile, email, or other electronically delivered signatures of the
parties shall be deemed to constitute original signatures.
21.SPACE AND UTILITIES
City shall provide space within Prentice Park for FOSAZto establish an office at
no charge to FOSAZ. Additionally, City shall provide utilities to FOSAZat no
charge. City shall provide telephone and computer online connections, but FOSAZ
shall be responsible for monthly telecommunication charges.Failure topay such
charges within thirty(30) days of receipt, shall be grounds for immediate
termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date
and year first above written.
ATTEST:CITY OF SANTA ANA
___________________________________________________
Daisy Gomez, CMCKristine Ridge
Clerk of CouncilCity Manager
\[Signatures continue on the next page\]
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Exhibit 1
APPROVED AS TO FORM:
SONIA R. CARVALHOFRIENDS OF SANTA ANA ZOO
City Attorney
By:________________________________________________
Laura A. Rossini_________________________(Name)
Chief Assistant City Attorney_________________________(Title)
RECOMMENDED FOR APPROVAL:
______________________
Lisa Rudloff
Executive Director
Parks, Recreation, and Community Services Agency
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Exhibit 1
Exhibit 1
EXHIBIT A
SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES OF CITY
A.Ownership and Operation of the Santa Ana Zoo
Cityowns the Zooproperty and all exhibits, support facilities, infrastructure, and
animals contained within Prentice Park, including exhibits, support facilities,
infrastructure,and animals previously purchased by or funded at FOSAZexpense.
FOSAZretains ownership of FOSAZoffice building, property and equipment
containedwithin the officeand storage buildings, the ZoofariExpresstrainride,
arrousel ride,-Ferris wheel, and other subsequently
acquired assets as may be agreed by the Parties. In the event of the dissolution of
FOSAZ, any and all assetsof FOSAZshall be used to discharge any liabilities and
debts of FOSAZ.The balance of suchassets, if any,becomesthe property of Cityto
be used exclusively for the benefit of the Zoo. In the event that the Zooceases to
exist, the balance of FOSAZassets shall be distributed by a committee made up of
the FOSAZexecutive committee and an equal number of individuals from the City.
B.Administration of the Zoo
The Cityshall be exclusively responsible for the administration and management of
the Zoo and direction of Zoostaff, within the policy guidelines set forth by the City
Council, City Manager, and Executive Directorof the Agency. This includes without
limitation all matters related toanimal care,maintenance,visitor services, and
education, including outreach programs except as otherwise specified in this
Agreement. Zooshall provide thata representative of FOSAZbe permitted to attend
regular Zoo management staff meetings.
C.Project Management
Cityshall have the responsibility for managing all capital and deferredmaintenance
projects at Zoo. Zoo staff shall oversee all capital and deferred maintenance projects
at the Zooand serve as the primary contact liaison between the Cityand consultants,
architects, engineers, and contractors. Zoo staff shall be the primary contact and
liaison between the Partiesregarding all capital and deferred maintenance projects at
the Zoo.
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Exhibit 1
DUTIES AND RESPONSIBILITIES OF FOSAZ
A.Organizational Structure
FOSAZshall maintain a Board of dDrectors as may be provided by its articles of
incorporation and by-laws. Unless otherwise provided by FOSAZ, the Board of
Directors shall have the power to bind FOSAZunder this Agreement.FOSAZshall
provide aCitynon-voting advisor to the FOSAZboard, andshall receive notice of
meetings in the same manner as a member of the board and shall be entitled to attend
and fully participate in all meetings of the Board with the exception of voting.
FOSAZmay appoint an Executive Director who shall act as the primary liaison
between the Parties, and shall maintain frequent communication with the Cityso that
the Partiescan coordinate FOSAZfund-raising activities and Zooactivities. FOSAZ
shallprovide annually a calendar of special events for approval by the Cityalong with
specific staffing requirements.
B.Capital Fundraising
The primary mission of FOSAZunder this Agreementshall be to seek and provide
financial support for Zoocapital improvements. The Parties(through ajoint strategic
planning committee) shall mutually develop annual FOSAZfundraising goals and
prioritize exhibits and/or projects to be funded with FOSAZproceeds. Cityauthorizes
FOSAZto solicit individual, corporate,and foundation funds and contributions for the
benefit of the Zoo. Sources for fundraising shallinclude, but not be limited to,
solicitations, gifts,bequests, charitable events, grants,and special programs. FOSAZ
shall coordinate the timing and format of fund raising activities with the City, as set
forth below.
C.Membership
FOSAZishereby recognized as the official support group for the Zoo, and is
authorized to solicit membership in its organization based on such status. FOSAZis
authorized to include special privileges at the Zoo, including,but not limited to,
complimentary admission, as may be approved from time to time by the City.
FOSAZmay organize and sponsor special events for its members, including after
access of Zoogrounds, for the purpose of fundraising for capital improvements,
marketing and promotion, educational purposes, and benefit of membership, as
approved by the City.
Page 12of 19
Exhibit 1
D.Volunteer Recruitment and Coordination
FOSAZshall cooperate with the City forall volunteer recruitment, opportunitiesand
reporting.Volunteers are considered representatives of the Zoo andCity.
i.FOSAZBoard and Committee Members are skilled professionals recruited
for their knowledge and experience relevant to management of fundraising
for the Zoo.
a.Requirements for serving on the Board or a Committeemay be provided by
its articles of incorporation and by-laws.Requirements for service shall
include completion of the City of Santa Ana Volunteer Background checkor
equivalentas detailed in Section 11 of the Agreement.
b.Duties of Board and Committee members may include public meet-and-
greets at special events, exhibit openings, and outreach; fundraising;
special event set-up and take-down, storytelling, assisting City staff for
supervision of special event volunteers, and additional public events and
fundraising assistance.
ii.Volunteers recruited for FOSAZspecial events and working directly with
FOSAZstaff shall be oriented, trained and supervised by FOSAZ. All such
volunteers must complete a City of Santa Ana 1-Time Volunteer Waiver, to
be given to City,onor beforetheir first day of service. A report including the
names of groups and number of individuals, or names of individuals, date
and number of hours served shall be provided to City annually.
iii.Volunteers may not be given staff responsibilities including the handling of
money, handling of food concessionswithout specific permission of the City.
iv.At no point will volunteers be utilized for the operation of vehicles or the ride
concessions.
v.Volunteers recruited for or interested in regular recurringopportunities
(such as education programs, Ambassadors, animal services, research)
shall be referred to City staff for
E.Community Outreach
FOSAZmay conduct community outreach programs with the approval of the Citythat
serveto promote the Zooand promulgate goodwill for the Zoo. The Citymust approve
education and outreach activities and materials.
F.Marketing and Promotion
FOSAZmay engage in public relations as approved by the Cityto promote zoo
fundraising. The Cityor their designee shall approve published and promotional
materials, including but not limited to: advertisements, press releases, public service
Page 13of 19
Exhibit 1
announcements, videos, social mediaposts, and branded marketing items. Any
promotional items should be made from and packaged with sustainable materials
instead of single-use plastics, to advance the Z
action in the community.
G.Use and Distribution of Fundraising Proceeds and Membership Fees
Funds received by FOSAZ, including the net proceedsof all FOSAZfundraising
activities, shallbe used exclusively for and expended for the benefit of the Zooin
accordance with plans approved by the Parties.Any funds not remitted to the City for
the benefit of Zoo shall be used for FOSAZadministration and operations. FOSAZ
shall disclose in all solicitations and membership requests that it is raising funds for
the Zoo, and that a portion of the funds shallbe used for FOSAZadministrative costs.
FOSAZCONCESSIONS
As part of its fundraising activities, FOSAZshall have the non-exclusive right to
operate theconcessions at the Zoo listed below and other concessions that may be
approved by City from time to time. All netoperating proceeds from the concessions
shallbe used for Zoopurposes as approved by the City, or as specified herein.FOSAZ
shall provide Citywith an annual accounting of all concessions proceeds, including
operating costs.
A.Gift Shop
FOSAZmay operate a gift shop at the Zoo to sell gifts, souvenirs, and novelty items
that support the Z
spaces through fun, adventure, and learning. FOSAZwillendeavor to offer sustainably
packagedand reusable products that reinforce the Z
mission. During the term of this agreement,the gift shop will workto phase out single-
use plastics and other products in non-recyclable packaging. The gift shop will strive
to offerfood and beverage items in non-plastic containers, like aluminum, when
possible.
FOSAZshall be responsible for all expenses related to purchase and sale of items in
the gift shop. City shall provide space in the concessions building for the gift shop and
be responsible for maintenance and repair of the building structure and utilities.
FOSAZshall be responsible for store furnishings and interior improvements and
renovations.
Page 14of 19
Exhibit 1
B.RideConcessions
At its own expense, FOSAZmay operate the existing train ride,
Conservationarrousel, 50-MonkeysFerris wheel, and any other ride concessions
that may be approved by City.
C.Animal Foodand Encounters
FOSAZshall have the right to sell animal food in locations approved by the City.City
shall provide approved animal food. FOSAZshall pay for and maintain approved
animal food dispensers. When approved by the City,FOSAZshall have the ability to
assist City staff and volunteers monitoring patrons engaging in the goat encounter
area, including following posted guidelines and safe entry/exit from the paddocks.
D.Other Concessions
City may from time totime approve other FOSAZconcessions. Nothing hereinshall
prohibit Cityfrom granting concessions to personsor entitiesother thanFOSAZ.
E.Donation Receptacles
Cityagrees to permit FOSAZto maintain upon the Zoopremises one or more secure
locking receptacles for the purpose of receiving donations. Suchreceptacles shall
display a statement of the nature and purpose of FOSAZas a non-profit organization
independent from the City. Funds shallbe accounted for separately and be used for
Zooimprovements as mutually agreed upon by the Parties.
F.Subcontracting
The Zooconcessions currently operated by FOSAZmay be subcontracted by FOSAZ
pursuant to a Request for Proposalsmeeting all Cityrequirements. City retains the
right to approve the selected subcontractor. Any agreements between FOSAZand
subcontractors for Zooconcessions shall be expressly subject to termination in the
event of termination of this Agreement.
G.Financial Contribution & Concession Revenue Sharing
i.On or before December 31 of each year, FOSAZshall remit the sum of sixty-
thousand dollars ($60,000) to the Cityto be used for veterinary expenses.
These funds shallbe deposited into a Cityrevenue accountwith the City
General Fund.The Parties agreeto waive aportion of this contribution from
FOSAZ, in the event that there is aclosure of the Zoo due to COVID-19 health
orders, mandate,or guidance from the State, County or City. The funds waived
Page 15of 19
Exhibit 1
shall be proportionate to the amount of time the Zoo was closed. For example,
if the Zoo is closed for three months, then 25% of the fee shall be waived.
ii.On or before December 31 of each year, FOSAZshall remit the sum of forty
thousand dollars ($40,000) to the Cityto be used towards the salary of a full-
time educational position. These funds shallbe deposited into a Cityrevenue
account with the City General Fund.The Parties agree to waive aportion of
this contribution from FOSAZ, in the event that there is aclosure of the Zoo
dueto COVID-19 health orders, mandate,or guidance from the State, County
or City. The funds waived shall be proportionate to the amount of time the Zoo
was closed. For example, if the Zoo is closed for three months, then 25% of
the fee shall be waived.
iii.Inaddition to the funds provided in (i) and (ii) above (which shallnot be
th
deducted from gross revenues when calculating net revenue), on the 15day
of each quarter of the calendar year beginning on April 15, FOSAZshallremit
to the Cityten percent (10%) of all net concession revenues from the Gift Shop,
Ride Concessions, Facility Rental Areas(discussed in section 3.H. below),and
any other approved FOSAZconcessionsreceived (discussed in 3.D. above) in
the preceding quarter.
iv.Cityshall deposit concession revenue into a Cityrevenue accountwith the City
General Fundto be used by the Cityfor Zoocapital and operating expenses
including,but not limited to,improvement projects, educational opportunities,
staff development, and/orpurchase of animals, asdetermined by the City.
v.Quarterly, FOSAZshall remit ten percent (10%) of the net proceeds of all
membership sales to City. These funds shall be deposited by City into a
revenue account with the City General Fund to be used by the City exclusively
for Zoo capital and operating expenses including, but not limited to,
improvement projects, educational opportunities, staff development, and/or
purchase of animals, as reasonably determined by the City.
vi.In the event that, the Santa Ana Zoo is closed during part of this Agreement
due to COVID-19 health orders, mandate,or guidance from the State, County
or City, the Parties waive the 10% payment of all net concessions for the time
period that the Zoo is closed due to the order(s) or guidance.The City shall
provide written notice of when said Closure began and ended to document and
assess the waiving of the aforementioned payment(s) during any required time
period for which the Zoo was closed pursuant to State, County, or City orders,
mandate, or guidance.
Page 16of 19
Exhibit 1
H.Facility Rental Areas
i.Subject to paragraphs (ii) through (vi) below, FOSAZshall have the non-
exclusive right to restrict access and charge rent to any or all portions of the
Zoo for private events, which may include, but are not limited to, birthday
parties, receptions, or corporate events.
ii.FOSAZshall obtain approval from the Cityprior to renting out any area of the
Zoo. The Cityshall be permitted to deny any facility rental or to limit the scope
of the rental at their sole and absolute discretion.
iii.FOSAZshall oversee the rental of equipment and facilities and shall be
responsible for primary maintenance of such rentals.
iv.FOSAZshall have a designated staff member present at the Zoo during the
entirety of the private event. FOSAZshall ensure that designated staff be
available to assist with rental management at any time during the rental, and to
be present during rental set up and completion to ensure total compliance with
rental agreement, and that all parties to the rental haveexited the rental site
and/or Zoo grounds by the agreed-upon time. FOSAZshall be responsible for
ensuring the designated staff member follows the opening, closing, and lock-
up procedures established by the Cityand provided to FOSAZby Zoo, and as
may be amended.
v.FOSAZshall be responsible for cleaning up the rental location upon the
conclusion of the private event.
vi.City shall have the right to restrict access and rent any rentable areas without
paying a rental fee to FOSAZ.
JOINT ACTIVITIES
A.Establishment of Fund-Raising Goals and Timetables
Annually, as soon as practicable before adoption of the Cityannual budget, the Zoo
Manager shall provide FOSAZwith a plan of new exhibits, ancillary facilities, and other
capital projects that the Zoomay wish to implement in the succeeding fiscal year.
Within sixty (60) days of receipt of CityFOSAZshall propose to the Citya plan
and timetable for fund-raising plans and activities to complement the City
constructcapital improvements. Thereafter, the CityandFOSAZshallestablish fund-
raising goals and related timetables for the upcoming fiscal year.
Page 17of 19
Exhibit 1
B.Agreements for Construction Projects
City and FOSAZmay enter into separate agreements approved by the City Council
andFOSAZBoard of Directors for capital improvements (including deferred
maintenance projects) that shallbe funded in whole or in part by FOSAZ. Such
projects shallbe carried out in accordance with all applicable Cityordinances and
procedures covering such matters as bid process, project administration
requirements, and other legal requirements.
C.Ticketing Systems
The parties shall work together to select and implement a mutually acceptable
ticketing and back office system to allow for the efficient processing of ticketing,
membership, point of sale and other key features.
D.Zoo Website and Social Media
i.The City will contract with a professional firm to redevelop the official Santa
Ana Zoo website www.santaanazoo.org. City and FOSAZstaff will both have
editing access to make updates to relevant sections of the website. The
website will work with future online ticketing, program reservations,
fundraising, and sales systems.
ii.City and FOSAZare recognized as joint content creators andpublishers.
Official social media accounts for the Zoo are a professional representation of
the Zoo as a City entity for the purposes of promotion of the Zoo, programs,
and events. Social media is also used for providing educational information
about theanimals and plants at the Zoo and a platform for engaging with the
community.The City may contract with a professional marketing firm to assist
the website.
E.Safety Trainings
FOSAZ, in coordination with City staff, shall be eligible to attend City sponsored safety
training, including but not limited to CPR training.In the event of any injury thatmay
take place on Zoo property, FOSAZ agrees to follow established Zoo and City safety
and reporting policies.
REPORTS
A.CityReports to FOSAZ
Annually, and within sixty (60) days of approval of the Zoo
by the City Council, Cityshallpresent to FOSAZa copy of the Zoo
Upon request by FOSAZ,Cityshall provide FOSAZwith an annual income and
expenditure statement.
Page 18of 19
Exhibit 1
B.FOSAZReports to City
Annually, and within sixty (60)days of approval by the FOSAZBoard of Directors,the
FOSAZExecutive Director shallpresent a copy of the FOSAZannual operating
budget to the City.Upon request by the City, FOSAZshall provide Citywith an annual
income and expenditure statement.
C.Accounting Systems, Funds and Accounts
i.The Partiesshallwork together to establish a system of funds and accounts
so that the financial conditions and status of each is clearly comprehensible
to both organizations.
ii.The Parties shallestablish process, procedures, and time lines whereby
FOSAZshalltransfer money from FOSAZaccounts to the Cityon a periodic
basis in accordance with membership and concession revenue sharing.
The Parties shallestablish process and procedures whereby FOSAZ
deposit funds into escrow accounts for funding of capital improvements as
provided by separate agreements.
iii.The Parties shallestablish process and procedures for transferring
obligated City expenses to FOSAZ.
Page 19of 19
Parks, Recreation, and Community Services
https://www.santa-ana.org/parks
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Adopt Two Resolutions for Grant Applications
AGENDA TITLE:
Adopt two resolutions for the Memorial Community Center (Phase I) and Santa Ana Zoo
at Prentice Park Revitalization Projects for the submittal of grant applications for the
Statewide Park Development and Community Revitalization Program
RECOMMENDED ACTION
Adopt two resolutions for the Memorial Community Center (Phase I) and Santa Ana Zoo
at Prentice Park Revitalization Projects for the submittal of grant applications for the
Statewide Park Development and Community Revitalization Program.
DISCUSSION
The State of California Statewide Park Program has made $395,300,000 available to
Cities, Counties, Districts, and Joint Powers Authorities for projects that will create,
expand, or renovate parks. The City of Santa Ana is preparing two grant applications,
which will be submitted by the application due date of March 12, 2021. The proposed
projects are:
1.Memorial Community Center (Phase I)– Grant Request $8.5 Million
The proposed project has two phases. The application is for phase one that includes the
demolition of the existing community center structure, construct a 26,000 square foot
Community Center with a multi-purpose room, community room, recreational room,
kitchen, additional activity rooms, staff offices, and restrooms. In addition, outdoor
walkways, patio, new landscaping, and security lighting around the outside of facility are
included. Also included is a parking lot on the north side of the park and additional
restrooms next to the existing pool area.
The estimated total project cost is $15,884,500. If awarded, $8.5 million in grant funds,
the City will leverage $7,384,500 through a combination of funds from Acquisition and
Development, Cannabis Public Benefit, Community Development Block Grant and
General Fund.
Adopt Two Resolutions for Grant Applications
March 2, 2021
Page 2
2.Santa Ana Zoo at Prentice Park Revitalization Project – Grant Request $8.5 Million
The zoo is a unique place where families can bond, children can play, people can connect
with nature, and the diversity of life is celebrated. A priority of the Zoo Master Plan is
revitalization of the oldest areas, the original primate exhibits dating to 1952. The primate
forest will honor the Zoo’s heritage with monkeys and provide unique recreation
opportunities unavailable anywhere nearby. The community can engage with the animals
and the park through many recreational elements like an elevated boardwalk where
people can view the animals at tree level, animal encounter zones, nature playgrounds
for children, botanical garden areas, community gathering spaces, public art, and
additional restrooms. Through a series of exploration trails the animals will have the
ability to safely move through a network of see-through mesh trail-ways and the public
will engage in multiple areas.
The estimated total project cost is $9,500,000. If awarded, $8.5 million in grant funds, the
City will leverage $1,000,000 through funds raised by the Friends of the Santa Ana Zoo.
FISCAL IMPACT
There is no fiscal impact associated with this action. Upon receipt from the State of
California of approval of the project, staff will return to the City Council to recognize and
appropriate the grant funds.
EXHIBIT(S)
1. Resolution-Memorial Community Center
2. Resolution-Santa Ana Zoo at Prentice Park Revitalization Project
Submitted By:Lisa Rudloff, Executive Director of Parks, Recreation and
Community Services
Approved By: Kristine Ridge, City Manager
Exhibit 1
RESOLUTION NO. 2021XXX
RESOLUTIONOF THE CITY COUNCIL FOR THE CITY OF
SANTA ANA APPROVINGTHEAPPLICATION FOR
STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM GRANT FUNDSFOR THE
MEMORIAL PARK COMMUNITY CENTER AND GYM
(PHASE 1-COMMUNITY CENTER) PROJECT
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California for the administration of the
Statewide Park Development and Community Revitalization Grant Program, setting up
necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by Resolution the approval of the application
before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of
California to complete the Grant Scope project;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council ofthe City of Santa Ana hereby finds, determines and
declares as follows:
A.That the Santa Ana City Council approves the filing of an application for the
Memorial Park Community Center and Gym (Phase 1-Community Center) Project
for $8,500,000 through the Statewide Park Development and Community
application is for phase one of the Project to demolish the existing community
center structure and construct a 26,000 square foot Community Center with a
multi-purpose room, community room, recreational room, kitchen, additional
activity rooms, staff offices, and restrooms. The Project will also include outdoor
walkways, patio, new landscaping, security lighting around the outside of facility,
a parking lot on the north side of the park, and additional restrooms next to the
existing pool area.
B.That the Santa Ana City Councilcertifies thatif the project is awarded,the City has
or will have available prior to the commencement of any work on the Project
sufficient fundsto operate and maintain the Project.
#9099v3Resolution No. 2021-XXX
Page 1of 3
Exhibit 1
C.That the City of Santa Ana certifies that ithas reviewed, understands, and agrees
to the General Provisions contained in the contract shown in the Grant
Administration Guide; and
D.That theSanta Ana City Councildelegatesthe authorityto theExecutive Director
of the Parks, Recreation and Community Services Agencyto conduct all
negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment requests, which may be
necessary for the Grant Scope; and
E.That the City of Santa Anawill comply with all applicable federal, state and local
laws, ordinances, rules, regulation and guidelines.
F.That the Cityof Santa Anawill consider promoting inclusion per Public Resources
Code §80001(b)(8 A-G).
Section 2. This Resolution shall take effect immediately upon its adoption by the
CityCouncilandtheClerkofthe Councilshallattesttoandcertifythevoteadopting this
Resolution.
ADOPTED this___day of March, 2021.
Vicente Sarmiento, Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
ChiefAssistant City Attorney
AYES: Councilmembers
NOES:Councilmembers
ABSTAIN:Councilmembers
NOT PRESENT:Councilmembers
#9099v3Resolution No. 2021-XXX
Page 2of 3
Exhibit 1
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,Daisy Gomez,Clerk of the Council, do hereby certify the attached Resolution No. 2021-
XXXto be the original Resolution adopted by the City Council of the City of Santa Ana on
March___, 2021.
Date:
Clerk of the Council
City of Santa Ana
#9099v3Resolution No. 2021-XXX
Page 3of 3
Exhibit 2
RESOLUTION NO. 2021-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
ANA APPROVING THE APPLICATION FOR STATEWIDE
PARK DEVELOPMENT AND COMMUNITY REVITALIZATION
PROGRAM GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California for the administration of
the Statewide Park Development and Community RevitalizationGrant Program, setting
up necessary procedures governing the application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the Applicant to certify by resolution the approval of the application
before submission of said application to the State; and
WHEREAS, successful Applicants will enter into a contract with the State of
California to complete the Grant Scope project;
NOW, THEREFORE, BE IT RESOLVED BYTHECITY COUNCILOF THE CITY OF
SANTA ANAASFOLLOWS:
Section 1.The City Council of the City of Santa Ana hereby finds, determines
and declare as follows:
A.That theSanta Ana City Council approvesthe filing of an application for Santa Ana
Zoo at Prentice Park Revitalization Project(Project)for $8,500,000 through the
Statewide Park Development and Community Revitalization Program.
B.That the Santa Ana City Council certifies that the Cityhas or will have available,
prior to commencement of any work on the Project included in this application, the
sufficient fundsto complete the Project; and
C.The Santa Ana City Council certifies that if the Project is awarded, theCityhas or
will have sufficient funds to operate and maintain the Project, and
D.The Santa Ana City Council certifies that the City has reviewed, understands, and
agrees to the General Provisions contained in the contract shown in the Grant
Administration Guide; and
E.The Santa Ana City Council delegates the authority tothe Executive Director of the
Parks, Recreation and Community Services Agencyto conduct all negotiations, sign
and submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of
the Grant Scope; and
F.That the City of Santa Ana willcomply with all applicable federal, state and local
laws, ordinances, rules, regulations and guidelines; and
#108989v1Resolution No. 2021-XXX
Page1of 2
Exhibit 2
G.That the City of Santa Ana will consider promoting inclusion per Public Resources
Code §80001(b)(8 A-G).
Section 2. This Resolution shall take effect immediately upon its adoption by the
City Council and the Clerk of Council shall attest to and certify the vote adopting this
Resolution.
ADOPTEDthis_____day of March,2021.
_________________________
Vicente Sarmiento, Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
ChiefAssistant City Attorney
AYES: Councilmembers
NOES:Councilmembers
ABSTAIN:Councilmembers
NOT PRESENT:Councilmembers
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,Daisy Gomez,Clerk of the Council, do hereby certify the attached Resolution No. 2021-
XXXto be the original Resolution adopted by the City Council of the City of Santa Ana on
March ___, 2021.
Date:
Clerk of the Council
City of Santa Ana
Resolution No. 2021-XXX
Page2of 2
Parks, Recreation, and Community Services
https://www.santa-ana.org/parks
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: National Fitness Campaign Grant
AGENDA TITLE:
Adopt a resolution accepting the 2021 National Fitness Campaign Grant, approve an
appropriation adjustment for the three project sites, award a purchase order for fitness
court equipment, and amend the Fiscal Year 2020-21 Capital Improvement Program.
RECOMMENDED ACTION
1) Adopt a resolution accepting the 2021 National Fitness Campaign Grant of $30,000
per site (Thornton Park, Lillie King Park, and Heritage Park) and agreeing to endeavor to
provide $109,065 per site to fund the remaining purchase price of the Fitness Courts.
2) Approve an appropriation adjustment of $212,545 in cellular tower funds received in
prior years (Acct. No. 05113002-50001) to the capital expenditure account (No.
05113263-66220).
3) Approve a sole source purchase order to the National Fitness Campaign, LLC (NFC)
for a NFC Fitness Court at Thornton Park, Lillie King Park, and Heritage Park for an
amount not to exceed $327,195, to be funded by the Capital Outlay Fund and the
Cannabis Public Benefit Fund, subject to non-substantive changes approved by the City
Manager and City Attorney.
4) Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to
include the Thornton Park Fitness Court, the Lillie King Park Fitness Court, and the
Heritage Park Fitness Court projects.
DISCUSSION
On June 4, 2019, the City Council adopted a resolution accepting the 2019 National
Fitness Campaign grant of $30,000 per site and agreeing to endeavor to provide $90,000
per site to fund the remaining purchase price of the equipment plus the cost of installation
at five City sites (Jerome Park, El Salvador Park, Delhi Park, Cabrillo Park, and Rosita
Park). City staff installed the five fitness courts to ensure Santa Ana residents have the
resources they need to lead a healthy lifestyle through outdoor exercise.
National Fitness Campaign Grant
March 2, 2021
Page 2
On February 4, 2020, the City of Santa Ana submitted a grant application to the NFC to
build three additional fitness courts at Carl Thornton Park, Lillie King Park, and Heritage
Park.
On January 20, 2021, the City of Santa Ana received three $30,000 grants from NFC to
participate as a Model City in the 2021 National Fitness Campaign. Approval of the multi-
site application was based on the City of Santa Ana’s commitment to free health and
fitness options, development of stakeholder consensus, and the exceptional and active
public spaces where we will launch our Fitness Courts and the NFC program.
Total funding required for the purchase per Fitness Court® (includes mobile app, sports
floor, communications and press releases, activation campaign, etc.) is $139,065 plus
installation. The $30,000 grant per site operates as a credit towards the total purchase
price of the Fitness Court. Installation costs may be different from site to site, as location
conditions vary as well as the ability to use in-house staff for some of the installation when
possible.
As a requirement to the grant, the City must adopt a resolution to demonstrate funding
and support towards the projects.
The City is prepared to fully fund the balance needed ($109,065 per site) for the purchase
of the three courts. This resolution does not financially commit the City, but rather states
that the City will endeavor to secure the remaining funds needed.
The Fitness Court is a 32’ x 35’ outdoor bodyweight circuit training system that supports
28 simultaneous users on 30 separate pieces of equipment that are grouped into seven
stations. The 7 movement, 7-minute system, provides a full-body workout to people of
all ability levels. The integrated system includes a sports floor to simulate the indoor gym
exercise and the steel bodyweight training wall provides users with many exercise
combinations.
The Fitness Court is supported by “National Campaign Resources”. This is a digital
ecosystem that includes a mobile app, the Campaign’s social media support team,
promotional materials and programming to assist public agencies in building support for
fit living in community spaces.
No other vendor, distributor, or organization sells this system. The fitness court must be
acquired from the NFC, LLC.
FISCAL IMPACT
Funding in the amount of $237,455 ($176,910-Cannabis Public Benefit Fund and
$60,545-Capital Outlay Fund) is budgeted and available to go towards the estimated total
cost of $450,000 for all three sites. For the balance, the requested appropriation
National Fitness Campaign Grant
March 2, 2021
Page 3
adjustment, as follows, will appropriate Cellular Tower revenue, in the Capital Outlay
Fund, received from prior years (No. 05113002-50001) in the amount of $212,545.
Fiscal Accounting Fund Accounting Unit, Amount
YearUnit-Account #DescriptionAccount Description
FY 20-2105113263-Capital Outlay Capital Improvements, $212,545
66220FundImprovements Other Than
Building
After the above appropriation adjustment, funds are budgeted and available in the
following accounts for the specified year for the purchase order.
Fiscal Accounting Fund Accounting Unit, Amount
YearUnit-Account #DescriptionAccount Description
FY 20-2101213020-66220Cannabis PRCSA, Improvements $109,065
Public Benefit Other Than Building
Fund
FY 20-2105113263-66220Capital Outlay Capital Improvements, $218,130
FundImprovements Other
Than Building
EXHIBIT(S)
1. Resolution
2. National Fitness Campaign, LLC Quote
3. Capital Improvement Program Informational Sheets
Submitted By:Lisa Rudloff, Executive Director, Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
Exhibit 1
LAR 3/2/21
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANAACCEPTING THE 2021NATIONAL FITNESS
CAMPAIGN GRANTOF $30,000 PER SITEAND
AGREEING TOENDEAVOR TOPROVIDE $109,065PER
EACH SITETOFUNDTHEREMAINING PURCHASE
PRICE OF THE EQUIPMENT AND INSTALLATION OF THE
FITNESS EQUIPMENT AT THREECITY PARKS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1.The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A.In 2021, the National Fitness Campaign offered grants to Cities or
Colleges to installan outdoor Fitness Court®,in public parks for use by
the publicat no cost.
B.The
an application for the 2021National Fitness Campaign grant fundsand
was selected as a recipient of the grantfor threeCity owned sites.
C.The 2021National Fitness Campaign grant is $30,000per site for a total
of $90,000for the three sites.The total cost for the purchase of the
outdoor Fitness Court® equipmentat threeCity parks(ThorntonPark,
Lillie King Park,and HeritagePark)is$139,065per sitefor a total of
$417,195.The $30,000 grant per site operates as a credit toward the total
purchasepriceof the Fitness Court®. The City will need to obtain funding
to complete the installation of the threeoutdoor Fitness Court®locations.
Section 2.The City Council of the City of Santa Ana hereby authorizesthe
City Manager or herdesignee, on terms acceptable to the City Attorney, to execute any
documents that are necessary to accept the2021National Fitness Campaign$30,000
grant fundsper site (threesites total)for theoutdoor Fitness Court® equipment;
Section 3.The City Council of the City of Santa Ana hereby agrees to
endeavor tosecure funding for the remaining $109,065per site, for a total of $327,195,
to purchasethe outdoor Fitness Court®at threeCity sites;
Section 4.The City Council of the City of Santa Ana will endeavor to construct
and launch the outdoor Fitness Court® by the end of the 2020-2021fiscalyear,
contingent upon funding; and
Resolution No. 2019-XXX
Page 1of 2
Exhibit 1
Section 5.The City Council of the City of Santa Ana believes the outdoor
Fitness Court® is an important recreation facility to support the health of the community
-Thornton Park, Lillie King Park and Heritage
Park, to fund an outdoor bodyweight circuit training Fitness Court®, and to earn local
and national recognition as a leader in providing affordable healthand wellness.
Section 5.This Resolution shall take effect immediately upon its adoption by
the City Council and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this2ndday ofMarch,2021.
_______________________
VicenteSarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho,City Attorney
By:_____________________
Laura A. Rossini
ChiefAssistant City Attorney
AYES:Councilmembers _______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT:Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I,DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-XXXto be the original resolution adopted by the City Council of the
City of Santa Ana on _______________.
Date: ____________________________________________________
Clerk of the Council
City of Santa Ana
Resolution No. 2021-XXX
Page 2of 2
Exhibit 2
3
-----
Exhibit
DATE:28.Gfc.3132
FY 26/27FY 26/27
3132!Obujpobm!Gjuoftt!
-----
FY 25/26FY 25/26
-----
FY 24/25FY 24/25
!Bob!sfdfjwfe!hsbout!gspn!uif!Obujpobm!Dbnqbjho!
-----
FY 23/24FY 23/24
PROJECT NEED:Uif!Djuz!pg!TboSftpvsdft!up!qbsujdjqbuf!bt!b!Npefm!Djuz!jo!uif!Dbnqbjho/!Bqqspwbm!pg!uif!nvmuj.tjuf!bqqmjdbujpo!xbt!cbtfe!po!uif!Djuz!pg!Tboub!Bob(t!dpnnjunfou!up!gsff!ifbmui!boe!gjuoftt
!pqujpot!boe!efwfmpqnfou!pg!tublfipmefs!dpotfotvt/
-----
FY 22/23FY 22/23
CONTACT:Spo!Pop-!Benjojtusbujwf!Tfswjdft!Nbobhfs
-----
FY 21/22FY 21/22
7,815
150,000150,000142,185150,000
FY 20/21FY 20/21
TOTALTOTAL
CITY OF SANTA ANA FY 20/21CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Benjojtusbujpo
PROJECT DESCRIPTION:Uif!Gjuoftt!Dpvsu!jt!b!43(!Y!46(!pvuepps!cpezxfjhiu!djsdvju!usbjojoh!tztufn!uibu!tvqqpsut!39!tjnvmubofpvt!vtfst!po!41!tfqbsbuf!qjfdft!pg!frvjqnfou!uibu!bsf!hspvqfe!joup!tfwfo!tubu
jpot/!Uif!8!npwfnfou-!8!njovuf!tztufn!qspwjeft!b!gvmm.cpez!xpslpvu!up!qfpqmf!pg!bmm!bcjmjuz!mfwfmt/
Construction
PROJECT COSTSSOURCE OF FUNDS
CAPITAL OUTLAY
PROJECT TITLE:Uipsoupo!Qbsl!Gjuoftt!Dpvsu PROJECT CATEGORY:Qbsl!Gbdjmjuz!JnqspwfnfoutQbsl!Gbdjmjuz
LOCATION MAP
AGENCY:Qbslt-!Sfd/!'!Dpnnvojuz!Tfswjdft
3
-----
Exhibit
DATE:28.Gfc.3132
FY 26/27FY 26/27
3132!Obujpobm!Gjuoftt!
-----
FY 25/26FY 25/26
-----
FY 24/25FY 24/25
!Bob!sfdfjwfe!hsbout!gspn!uif!Obujpobm!Dbnqbjho!
-----
FY 23/24FY 23/24
PROJECT NEED:Uif!Djuz!pg!TboSftpvsdft!up!qbsujdjqbuf!bt!b!Npefm!Djuz!jo!uif!Dbnqbjho/!Bqqspwbm!pg!uif!nvmuj.tjuf!bqqmjdbujpo!xbt!cbtfe!po!uif!Djuz!pg!Tboub!Bob(t!dpnnjunfou!up!gsff!ifbmui!boe!gjuoftt
!pqujpot!boe!efwfmpqnfou!pg!tublfipmefs!dpotfotvt/
-----
FY 22/23FY 22/23
CONTACT:Spo!Pop-!Benjojtusbujwf!Tfswjdft!Nbobhfs
-----
FY 21/22FY 21/22
19,095
150,000150,000130,905150,000
FY 20/21FY 20/21
TOTALTOTAL
CITY OF SANTA ANA FY 20/21CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Benjojtusbujpo
PROJECT DESCRIPTION:Uif!Gjuoftt!Dpvsu!jt!b!43(!Y!46(!pvuepps!cpezxfjhiu!djsdvju!usbjojoh!tztufn!uibu!tvqqpsut!39!tjnvmubofpvt!vtfst!po!41!tfqbsbuf!qjfdft!pg!frvjqnfou!uibu!bsf!hspvqfe!joup!tfwfo!tubu
jpot/!Uif!8!npwfnfou-!8!njovuf!tztufn!qspwjeft!b!gvmm.cpez!xpslpvu!up!qfpqmf!pg!bmm!bcjmjuz!mfwfmt/
Construction
PROJECT COSTSSOURCE OF FUNDS
CAPITAL OUTLAY
PROJECT TITLE:Ifsjubhf!Qbsl!Gjuoftt!Dpvsu PROJECT CATEGORY:Qbsl!Gbdjmjuz!JnqspwfnfoutQbsl!Gbdjmjuz
LOCATION MAP
AGENCY:Qbslt-!Sfd/!'!Dpnnvojuz!Tfswjdft
3
----
Exhibit
DATE:28.Gfc.3132
FY 26/27FY 26/27
----
FY 25/26FY 25/26
----
FY 24/25FY 24/25
----
FY 23/24FY 23/24
PROJECT NEED:Uif!Djuz!pg!Tboub!Bob!sfdfjwfe!hsbout!gspn!uif!Obujpobm!Dbnqbjho!Sftpvsdft!up!qbsujdjqbuf!bt!b!Npefm!Djuz!jo!uif!3132!Obujpobm!Gjuoftt!Dbnqbjho/!Bqqspwbm!pg!uif!nvmuj.tjuf!bqqmjdbujpo!xb
t!cbtfe!po!uif!Djuz!pg!Tboub!Bob(t!dpnnjunfou!up!gsff!ifbmui!boe!gjuoftt!pqujpot!boe!efwfmpqnfou!pg!tublfipmefs!dpotfotvt/
----
FY 22/23FY 22/23
CONTACT:Spo!Pop-!Benjojtusbujwf!Tfswjdft!Nbobhfs
----
FY 21/22FY 21/22
150,000150,000150,000150,000
FY 20/21FY 20/21
TOTALTOTAL
CITY OF SANTA ANA FY 20/21CIP
CAPITAL IMPROVEMENT PROJECT WORKSHEET
DIVISION:Benjojtusbujpo
PROJECT DESCRIPTION:Uif!Gjuoftt!Dpvsu!jt!b!43(!Y!46(!pvuepps!cpezxfjhiu!djsdvju!usbjojoh!tztufn!uibu!tvqqpsut!39!tjnvmubofpvt!vtfst!po!41!tfqbsbuf!qjfdft!pg!frvjqnfou!uibu!bsf!hspvqfe!joup!tfwfo!tubu
jpot/!Uif!8!npwfnfou-!8!njovuf!tztufn!qspwjeft!b!gvmm.cpez!xpslpvu!up!qfpqmf!pg!bmm!bcjmjuz!mfwfmt/
Construction
PROJECT COSTSSOURCE OF FUNDS
PROJECT TITLE:Mjmmjf!Ljoh!Gjuoftt!Dpvsu PROJECT CATEGORY:Qbsl!Gbdjmjuz!JnqspwfnfoutQbsl!Gbdjmjuz
LOCATION MAP
AGENCY:Qbslt-!Sfd/!'!Dpnnvojuz!Tfswjdft
Police Department
https://www.santa-ana.org/pd
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Agreement with California Specialized Training Institute (CSTI) for UASI Training
Services
AGENDA TITLE:
Approve agreement with California Specialized Training Institute (CSTI) For UASI
Training Services for the Anaheim/Santa Ana Urban Area (Specification No. 20-062)
(Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute a three-year agreement, with two one-year
renewal options, with California Specialized Training Institute (CSTI) to provide on-going
emergency management and terrorism training deliverables to the Anaheim/Santa Ana
Urban Area on an as-needed basis, for the period of December 1, 2020 through
November 30, 2023, and may be extended for up to two one-year periods subject to non-
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
In August 2020, the Police Department issued a Request for Qualifications (RFQ #20-
062) to identify and qualify suitable vendors capable of delivering a broad choice of
homeland security related training courses taught by subject matter experts and/or
recognized professionals in the field of law enforcement, fire, cyber security, public health,
and emergency management. After a qualification evaluation, CSTI and seven additional
vendors were deemed qualified.
On December 1, 2020, the Santa Ana City Council reviewed and approved seven vendor
agreements for training and exercise for the Anaheim/Santa Ana Urban Area. At that time
CSTI, which is the training component of the California Office of Emergency Services (Cal
OES), indicated they would be significantly delayed in the return of their agreement. The
Project Manager opted to move forward with the remaining seven agreements to avoid
unnecessary delays in services to the Urban Area. The December 1, 2020 staff report
informed the City Council that CSTI was delayed due to an extended agreement review
process, and that the item would be presented at a future City Council meeting for
consideration.
CSTI has since returned a signed agreement to the City and is prepared to move forward
with the agreement. This action will add CSTI to a cadre of seven vendors approved
Agreement with California Specialized Training Institute for UASI Training Services
March 2, 2021
Page 2
through prior City Council action on December 1, 2020. All eight vendors are funded from
an allocation of Urban Area Security Initiative (UASI) grant funds not to exceed
$3,147,600 over three years.
The aggregate amount to be spent in the pool of all eight vendors shall not exceed
$3,147,600 over the length of the three-year agreements. The term of these agreements
may be extended for up to two one-year periods upon a writing executed by the City
Manager and the City Attorney and subject to funding. The agreements include language
that allows the City to terminate the agreement with 30 days’ notice for any reason,
including lack of funding.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
This agreement will be funded by the same Urban Area Security Initiative (UASI) grant
funds ($3,147,600) as the seven agreements that were approved by Council on
December 1, 2020. The recommended action does not increase the overall budget for
this project.
Accounting Unit-
Fiscal YearAccounting Unit, Account DescriptionAmount
Account #
FY18 UASI Grant Program – Training
FY 2020-2112514491-62300$651,600
and Exercises
FY19 UASI Grant Program – Training
FY 2021-2212514407-62300$620,250
and Exercises
FY20 UASI Grant Program – Training
FY 2022-2312814491-62300$625,250
and Exercises
FY21 UASI Grant Program – Training
FY 2023-2412514407-62300$625,250
and Exercises
FY22 UASI Grant Program – Training
FY 2024-2512814491-62300$625,250
and Exercises
$3,147,600
Total
EXHIBIT(S)
1. Agreement with CSTI
Submitted By:David Valentin, Police Chief
Approved By:Kristine Ridge, City Manager
AGREEMENTTO PROVIDE TRAINING COURSES AND EXERCISES
FORTHE ANAHEIM / SANTA ANA URBAN AREAON AN AS-NEEDED BASIS
THIS AGREEMENT is made and entered into this 1stday of December, 2020,by and between
California Specialized Training Institute -CSTIContractor
charter city and municipal corporation organized and existing under the Constitution and laws of
RECITALS
A.OnAugust 10, 2020,the Santa Ana Police Departmentissued Request for
Qualifications No.20-062,by which it sought to identify and qualify suitable
vendors capable of delivering a broad choice of homeland security-related training courses
and exercises conducted by professionals in the fields of law, fire, public health,
emergency managementand cybersecurity.
B.Thesecourses are in support of the Anaheim/Santa Ana Urban Area
Homeland Security Regional Training and Exercise Program and will be funded by a grant
andadministered by SAPD. The ASAUA consistsof the
incorporated cities in Orange County and the police departments of the University of
California, Irvine, California State University, Fullerton, and community collegesin the
County of Orange.
C.Through SAPD, the training and exercise programs will be made available toagencies in
the ASAUAon an as-needed basis to enhance domestic preparedness for acts of terrorism.
D.Contractor submitted a responsive proposal that was among those selected by the City.
E.In undertaking the performance of this Agreement, Contractorrepresents that it is
knowledgeable in its field and that any services performed by Contractorunder this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1.SCOPE OF SERVICES
On an as-needed basis, and at the sole discretion of City, Contractor shall conduct the
training and/or exercise programs described inthe scope of services provided in the RFQ and
attached hereto as Exhibit A.Cproposal is incorporated by referenceas though fully
set forth herein. In the performance of all services, Contractor shall comply and provide the
required training/classes and exercises attached hereto as Exhibit B.
Page 1of 11
2. CHANGE ORDERS/AMENDMENTS
a. To maintain flexibility that allows first responders to address emerging and
unforeseeable threats, the ASAUA Homeland Security Regional Training and
Exercise Program will utilize a Change Order provision to request other training
and exercise courses at Change Orders will be used to approve
training and/or exercises and can modify the existing scope of work for specialty
and other ad-hoc training and exercises on an as needed basis. Change Orders will
be drafted by the UASI Grant Coordinator, reviewed and approved by the
Contractor, then forwarded to the Chief of Police and the City Manager for the City
of Santa Ana or their designees for approval.
b. Any change order that contains any terms contrary to services provided within this
Agreement shall be void, unless City and Consultant have expressly agreed in a
writing, requiring
Consultant agrees and understands that substantive changes to the terms of the
Agreement are subject to approval by the City Council.
3. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Contractor under this Agreement. Contractor shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit B.
Any compensation payable to Contractor shall be paid from a portion of the above-
referenced UASI grant awarded to the City in the amount of $3,147,600, which
shall serve as the total amount payable for all training and exercise programs
supplied under RFQ No. 20-062.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work that fails to meet the standards of performance
set forth in the Recitals which may reasonably be expected by City.
4. TERM
This Agreement shall commence on the date stated above and continue through November
30, 2023, unless terminated earlier in accordance with Section 18, below. The term of this
Agreement may be extended for up to two (2) one (1) year period upon a writing executed by the
City Manager and the City Attorney and subject to funding.
5. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Contractor
Page 2 of 11
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Contractor shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Contractor shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Contractor Contractor
shall require all subcontractors to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Contractor represents and warrants that Contractor has the legal right to license any and all
Documents & Data. Contractor makes no such representation and warranty in regard to
Documents & Data which were provided to Contractor by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Contractor shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Contractor
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary and not
contributory with respect to insurance or self-insurance programs maintained by
the City; and (c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-owned automobiles.
Page 3 of 11
c. California Labor Code,
Contractor, if Contractor has any employees, is required to be insured against
-insurance. Prior to
commencing the performance of the work under this Agreement, Contractor agrees
to obtain and maintain any
$1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Contractor
pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
(iii) Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior written notice to the City.
(iv) Contractor shall supply City with a fully executed additional insured
endorsement.
f. If Contractor fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for,
election, to terminate this Agreement. Such termination shall not affect
Contractor
of termination. Contractor waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Contractor agrees to and shall indemnify, defend, and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligence or willful misconduct of the Contractor or its, subcontractors, agents, employees, or
other persons acting on their behalf which relates to the services described in section 1 of this
Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.
Page 4 of 11
This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal
proceeding.
this Agreement.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Contractor shall defend, indemnify, and hold harmless City, its officers, agents,
representatives, and employees against any and all liability or losses, including costs
feesemark, or copyright, alleged or
contained in the work product or documents provided or used by Contractor under this Agreement.
10. CONFORMITY WITH LAW AND SAFETY
In performing any services under this Agreement, Contractor shall observe and comply
with all applicable laws, ordinances, codes, and regulations of governmental agencies, including
federal, state, municipal, and local governing bodies having jurisdiction over the scope of services,
including all provisions of the California Occupational Safety and Health Act. Contractor shall
indemnify, defend, and hold harmless City from any and all liability, fines, penalties, and
regulations.
11. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Contractor under this Agreement. All such records and
invoices shall be clearly identifiable. Contractor shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
(3) years from the date of final payment to Contractor under this Agreement.
12. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor agrees that
Page 5 of 11
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor
an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is
independently developed by the Contractor without reference to information disclosed by the City.
13. CONFLICT OF INTEREST CLAUSE
a. Contractor covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with the performance of services
specified under this Agreement.
b. The parties understand that outside parties, subject to receipt of financial benefit from
UASI funding, as noted in Recital Section B and the RFQ, are often utilized by the
ASA UASI as subject matter expert reviewing training and exercise proposals. To
avoid potential conflict of interest of engaging sub-contractors, subject to receipt of
financial benefit from UASI funding, shall not be engaged by the Contractor as a sub-
contractor to provide the services provided in this Agreement, or any change order or
amendment thereto.
14. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714- 647-6956
With courtesy copies to:
Roland Andrade, Sergeant
UASI Grant Coordinator
Homeland Security Division
Santa Ana Police Department
Page 6 of 11
60 Civic Center Plaza
Santa Ana, CA 92701
To Contractor:
Justin Freiler, CEM
Chief, Emergency Management Training Programs
California Specialized Training Institute
10 Sonoma Avenue, Building 904
San Luis Obispo, CA 93405-7605
(916) 204-0849
Justin.freiler@caloes.ca.gov
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
15. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Contractor regarding the subject matter therein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Contractor. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
16. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
Agreement performed by City personnel or by other consultants retained by City.
Page 7 of 11
17. WAIVER
No waiver of a breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or
remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
18. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, City may require Contractor to deliver to the City
all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Contractor consents
to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work that fails to meet the standard of performance
specified in the Recitals of this Agreement.
19. NONDISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations.
20. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
21. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Page 8 of 11
Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
22. CERTIFICATIONS
a. Debarment and Suspension. Contractor will comply, and all its subcontractors will
comply, with applicable federal suspension and debarment regulations including, but not limited
to, Executive Orders 12549 and 12689, and 2 Code of Federal Regulations (CFR) §200.212 and
codified in 2 CFR Part 200.
b. Section 504 of the Rehabilitation Act of 1973. All recipients of federal funds must
comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds
recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise
qualified disabled person shall, solely by reason of disability be excluded from the participation
in, be denied the benefits of or be subject to discrimination, including discrimination in
employment, in any program or activity that receives or benefits from federal financial assistance.
Contractor agrees it will ensure that requirements of The Act shall be included in any agreements
with and be binding on all of its subcontractors, assignees, or successors.
c. Americans with Disabilities Act of 1990 (ADA). Contractor must comply with all
requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
d. Lobbying and Political Activity. None of the funds, materials, property, or services
provided directly or indirectly under this Agreement shall be used for any partisan political
activity, or to further the election or defeat of any candidate for public office, or otherwise in
violation of the provisions of the Hatch Act.
e. Contractor will comply, and all its subcontractors will comply, with all applicable
lobbying prohibitions and laws, including those found in United States Code Title 31, § 1352, et
seq., and agrees that none of the funds provided under this award may be expended by the
Contractor to pay any person to influence, or attempt to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with any federal action concerning the award or renewal of any federal
contract, grant, loan, or cooperative agreement.
f. Contractor will comply, and all its subcontractors will comply, with all
requirements of the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352), as applicable.
g. Non-Discrimination and Equal Opportunity. Contractor will comply, and all its
subcontractors will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section
504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with
Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as
amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of
Page 9 of 11
1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice
Non-Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of
Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or
State court, Federal or State administrative agency, or the Contractor makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against Contractor, Contractor will forward a copy of the findings to City, which
will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S.
Department of Justice.
h. Contractor will comply, and all its subcontractors will comply, with all requirements
as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department
of Labor regulations (41 CFR chapter 60), as applicable.
i. Contractor will comply, and all its subcontractors will comply, with all
requirements of the California Public Contract Code Section 10295.3, as applicable.
j. Contractor will comply, and all its subcontractors will comply, with all
-
Department of Labor regulations (29 CFR Part 3), as applicable.
k. Contractor will comply, and all its subcontractors will comply, with all
requirements of the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department
of Labor regulations (29 CFR Part 5), as applicable.
l. Contractor will comply, and all its subcontractors will comply, with all
requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C.
327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
m. Contractor will comply, and all its subcontractors will comply, with all applicable
standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C.
1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the
Environmental Protection Agency regulations (40 CFR part 15), as applicable.
n. Contractor will comply, and all its subcontractors will comply, with all
requirements of the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), (53 FR
8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable.
o. Contractor will comply, and all its subcontractors will comply, with all
requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource
Conservation and Recovery Act, as applicable.
p. Contractor agrees that the Department of Homeland Security shall have the
authority to seek patent rights for any process, product, invention or discovery developed and paid
for with funding through this Agreement based on the requirements of 37 CFR§ 401, as applicable.
Page 10 of 11
q Contractor may copyright any books, publications or other copyrightable materials
developed in the course of or under this Agreement. However, the federal awarding agency, State
Administrative Agency (SAA), and City reserve a royalty-free, non-exclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for federal
government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the Contractor purchases ownership with support
sure the
preservation of these rights.
23. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
Page 11 of 11
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:CITY OF SANTA ANA
___________________________________________________
Daisy GomezKristine Ridge
Clerk of the CouncilCity Manager
APPROVED AS TO FORM:
SONIA R. CARVALHOCONTRACTOR:
City Attorney
By: ________________________________________________
Tamara BogosianBy:
Lori Nezhura
Senior AssistantCity AttorneyTitle:
Deputy Director Planning Preparedness,
Prevention, Cal OES
RECOMMENDED FOR APPROVAL:
__________________________
David Valentin
Chief of Police
Page 12of 11
EXHIBIT A
SCOPE OF SERVICES
I. REQUIREMENTS
The specific requirements of this RFQ have been listed in two sections to allow proposers to
respond to either, the training courses component, the exercise component, or both. There is no
requirement the Proposer must respond to both components of the RFQ.
II. TRAINING COURSES
A. ASAUA currently requires training courses in the following specific disciplines:
Law Enforcement/Tactical
Fire/Emergency Medical
Public Health
Emergency Management
Cyber Security
B. Contractor shall conduct training courses, which it has been successfully prequalified for, at
various locations/venues within the ASAUA.
C. Contractor shall prepare course flyers, register attendees, record attendance by signed roster,
provide certificates of completions, and verify course completion by the participants.
D. Contractor shall prepare and present specified training courses. Course material shall be
available at the time the training is provided for each of the training courses the proposer has
outlined in their SOQ.
E. All training courses presented must meet state and federal guidelines and be approved by Cal
OES and DHS for reimbursement under the Homeland Security Grant Program prior to
delivery. Refer to the Cal OES website at: http://www.caloes.ca.gov/cal-oes-
divisions/california-specialized-training-institute and the DHS website at:
https://www.fema.gov/training for further information regarding state and federal guidelines
for Department of Homeland Security grants. If any portion of the training course occurs
outside of the classroom, an Environmental & Historic Preservation (EHP) approval must be
obtained from FEMA/Cal OES prior to delivery of the course. The EHP approval is location
specific and if an EHP approval is required, one must be obtained for each location where the
course is delivered. It shall be the responsibility of the Proposer to complete all of the forms
and documentation necessary to obtain the required approvals. Contractor shall ensure that,
when required, an Environmental Historic Preservation (EHP) approval has been issued to the
ASAUA before delivery of the training course. The ASAUA Homeland Security Regional
Training and Exercise Program Manager will assist the Proposer with the submission of the
requests for approval. The City shall not be billed for any costs associated with obtaining
these approvals.
F. Contractor shall offer course content that satisfies the five preparedness priorities identified
in the ASAUA Multiyear Training & Exercises plan. The ASAUA MTEP is attached for
reference.
G. Contractor shall provide all required training material, handouts, course syllabus and/or
written curriculum.
H. Contractor shall collect written survey comments/course evaluations from participants at the
conclusion of every course offered. Survey/course evaluations will be conducted in a manner
specified by the City. A standardized course survey form will be provided to the successful
proposers. A record of responses shall be maintained throughout the term of the agreement
by Contractor, and organized by training course, date, instructor, etc. Frequently mentioned
comments shall be reported to City Project Manager. Electronic reporting shall be made
available to the City upon request.
I. City reserve
delivery date. City shall not be charged for the class, travel costs, or training materials by
Contractor if cancellation occurs within this period.
J. City reserves the right to cancel training courses for student minimums not being met.
K. Contractor shall provide and assign high quality instructors on a consistent basis to deliver
the specified courses.
L. All instructors shall use the methods suggested by the training protocols established, such as
maintaining and updating each training syllabus; introducing and following objectives for
each class; completing training as described; and utilizing training aids such as audio/visual
systems.
M. Contractor and all its instructors shall provide immediate feedback to the City via the ASAUA
Homeland Security Regional Training and Exercise Program Manger regarding all customer
requests for new or additional services, or to report complaints.
N. Contractor will be paid for services rendered. Training days are generally eight (8) hours long
(e.g. 8:00 AM 5:00 PM), including a one (1) hour lunch break. Schedule should include
regular breaks on a 50/10 break ratio for every fifty (50) minutes of instruction, there should
be a ten (10) minute break. Half days are defined as four (4) hours or less of instruction.
O. Training venues may be provided by the City or by hosting agencies based on the needs of
the course. Contractor must be able to secure training sites at any of the jurisdictions within
the ASAUA.
P. All Contractor-developed courses must be approved by California Office of Emergency
Services (Cal OES) for reimbursement under the Homeland Security Grant Program prior to
delivery. It is the responsibility of the Contractor to prepare all forms and documentation
necessary to obtain all course approvals at its cost. The ASAUA Homeland Security Regional
Training and Exercise Program Manager will assist Contractor with the submission of the
requests for approval. The City shall not be billed for any costs associated with obtaining
these approvals.
Q. The anticipated start date of this agreement is Winter of 2020. Usage under agreements
awarded as a result of this RFQ will begin at this time.
R.
to be California Peace Officer Standards & Training (POST) certified or California State Fire
Marshal approved. It shall be the responsibility of the Contractor to obtain all POST
certifications and California State Fire Marshal course approvals at its cost. The ASAUA
Homeland Security Regional Training and Exercise Program Manager will assist Contractor
with the submission of the requests for certifications and approval. The City shall not be
billed for any costs associated with obtaining these certifications and approvals.
S. www.caloes.ca.gov and a list of
Federal Emergency Management Agency (FEMA) approved classes is available at
www.fema.gov/training
T. Contractors are responsible for providing all course materials and delivering it to the site(s)
of all training at their cost.
U. Contractor must work with the ASAUA Homeland Security Regional Training and Exercise
Program Manager and requesting agencies to coordinate the training calendar and venue.
V. When required, Contractor must obtain the applicable certifications for developed courses
before training begins. The need for certification will be determined by the ASAUA Training
& Exercise Program Manager. It shall be the responsibility of the Contractor to complete all
forms and documentation necessary to obtain the required certifications at its cost. The
ASAUA Homeland Security Regional Training and Exercise Program Manager will assist the
Proposer with the submission of the requests for certification. The City shall not be billed for
any costs associated with obtaining these certifications.
W. Contractor will be required to obtain Emergency Medical Association (EMA) or Emergency
Management Institute (EMI) certification on developed courses at its cost if the course content
contains materials that require state and/or federal certification. The ASAUA Homeland
Security Regional Training and Exercise Program Manager will assist the Contractor with the
submission of the requests for certification. The City shall not be billed for any costs
associated with obtaining these certifications.
X. Contractor may not charge the City for materials brought to the class that are not utilized.
Y. Proposers may be selected to provide training based on their expertise within a specific
discipline.
Law Enforcement/Tactical
Fire/Emergency Medical
Public Health
Emergency Management
Cyber Security
Z. Contractors shall ensure that training participants are members of agencies or organizations
located or operating within the ASAUA, or have been approved by the ASAUA Training &
Exercise Program Manager or his designee.
III. DELIVERABLES / REPORTS FOR TRAINING COURSES
A. Course Surveys / Evaluations
1. Course surveys/evaluations results will be tabulated and scored by Contractor. Summary
of the results will be provided to the ASAUA Training & Exercise Program Manager.
2. Completed course survey/evaluation forms will be provided to the ASAUA Training &
Exercise Program Manager within 30 days of delivery of the training course.
B. Contractor must provide course flyers for all training courses to be delivered at its cost. The
City will manage distribution of such flyers.
C. Contractor must provide to the ASAUA Training & Exercise Program Manager all rosters
and sign-in sheets upon completion of the training course for all training courses delivered.
Contractor shall maintain a record of all original and electronic copies of all sign-in sheets.
Electronic copies of rosters and sign-in sheets must be submitted along with invoices issued
to City.
D. Contractor shall provide certificates of completion to all students that successfully complete
a training course at the conclusion of the training course and provide copies of the certificates
to the ASAUA Training & Exercise Program Manager within 30 days of delivery of the
training course. Contractor shall maintain a record of all certificates provided students.
IV.QUANTITIES FOR TRAINING COURSES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum
or maximum is guaranteed or implied.
V. PRICING FOR TRAINING COURSES
A. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of
such lower price shall be extended to the City.
B. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.
C. All prices quoted shal
used. There are no exceptions.
D. Pricing shall include any and all payment incentives available to the City.
E. Proposers are advised that in the evaluation of costs, if applicable, it will be assumed the unit
price quoted is correct in the case of a discrepancy between the unit price and an extension.
F. Federal and State minimum wage laws apply. The City has no requirements for living wages.
The City is not imposing any additional requirements regarding wages.
VI.AWARD FOR TRAINING COURSES
A. City reserves the right to reject any or all responses that materially differ from any terms
contained in this RFQ, from any Exhibits attached hereto, or from any subsequent addenda;
to waive informalities and minor irregularities in responses received; and to provide an
opportunity for Proposers to correct minor and immaterial errors contained in their
submissions. The decision as to what constitutes a minor irregularity shall be made solely at
the discretion of the City.
B. The City reserves the right to award an agreement to a single Proposer or multiple Proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement pursuant to this RFQ will be required.
E. Any agreement must be negotiated, finalized, and approved by the recommend Contractor
prior to City Council approval.
F. RFQ specifications, terms, conditions, and Exhibits, RFQ Addenda, and SOQs, may be
incorporated into and made a part of any agreement that may be awarded as a result of this
RFQ.
VII. METHOD OF ORDERING TRAINING COURSES
A. As training is required, subsequent solicitations in the form of requests for firm price
quotations and scope of work will be requested from Contractors with which the City has an
Agreement.
B. Individual order price quotations shall be provided upon request per project and shall include,
but not be limited to, an identifying (quotation) number, date, City of Santa Ana agreement
number, requestor name and phone number, ship to location, itemization of services with
complete description and price per item and a summary of total cost for services, shipping,
and tax.
C. Price quotations will be reviewed and Contractor(s) will be selected by the UASI Grant
Office. Purchase Orders (POs) will be issued upon approval of written itemized quotations
received from Contractor(s). The City shall not be obligated to accept the lowest priced
quotation, but will award individual projects in the best interests of the City after all factors
have been evaluated. City reserves the right to negotiate scope of work and pricing prior to
award of any project.
D. POs will be transmitted electronically, and shall be the only authorization for the Contractor
to place an order.
E. POs and payments for service will be issued only in the name of the Contractor.
F. Contractor shall adapt to changes to the ordering method or ordering procedures as required
by the City during the term of the agreement.
G. Change orders shall be agreed upon by Contractor and City, and issued as needed in writing
by the City.
VIII. ACCOUNT MANAGER / SUPPORT STAFF FOR TRAINING COURSES
A. Proposer shall provide a dedicated, competent Account Manager who shall be responsible
response to this
RFQ and any agreement which may arise pursuant to this RFQ.
B. Proposer shall also provide adequate, competent support staff that shall be able to service the
City during normal working hours (7:00 AM 5:00 PM), Monday through Friday. Such
representative(s) shall be knowledgeable about the agreement, training offered, and able to
identify and resolve quickly any issues included, but not limited to order and invoicing
problems.
C. ents and standards and
work with the City to ensure that established standards are adhered to.
D.
Program Manager informed of requests from departments.
IX.EXERCISES
A. ASAUA requires seminars, workshops, tabletops, drills, functional, and full-scale exercises
in the following specific disciplines:
Law Enforcement/Tactical
Fire/Emergency Medical
Public Health
Emergency Management
Cyber Security
B. Contractor shall conduct seminars, workshops, tabletops, drills, functional, and full-scale
exercises at various locations/venues within the ASAUA. All drills, functional and full scale
exercises will require an EHP approval from FEMA/Cal OES prior to delivery. It shall be
the responsibility of the Contractor to complete all forms and documentation necessary to
obtain the required EHP approvals at its cost. Contractor shall ensure that, when required, an
Environmental Historic Preservation (EHP) approval letter has been issued to the ASAUA
before delivery of any seminars, workshops, tabletops, drills, functional, and full-scale
exercises. The ASAUA Homeland Security Regional Training and Exercise Program
Manager will assist Contractor with the submission of requests for approval.
C. All exercises must be conducted in a manner which adheres to all applicable state and federal
guidelines, including exercise design and development guidelines outlined in the HSEEP.
D. When conducting seminars, workshops, tabletops, drills, functional and full-scale exercises,
Contractor shall provide all required exercise consumables, printed materials, handouts, and
other materials such as, but not limited to, exercise manuals, special effects, actor moulage,
supplies, signage, etc. at its cost. The City shall not be billed nor will it accept requests for
reimbursements and/or billing.
E. Contractor shall provide and assign high quality personnel such as exercise designers,
directors, controllers, evaluators, and support personnel on a consistent basis to deliver the
specified seminars, workshops, tabletops, drills, functional, and full-scale exercises.
F. Contractor shall provide all multi-media devices necessary for presentations during seminars,
workshops, tabletops, drills, functional, full-scale exercises, and any planning meetings and
conferences.
G. Contractor and its exercise personnel shall provide immediate feedback to the City via the
ASAUA Homeland Security Regional Training and Exercise Program Manger regarding all
customer requests for new or additional services or to report complaints.
H. Seminar, workshop, tabletop, drill, functional and full-scale exercise venues may be provided
by the City or by hosting agencies based on the needs of the exercise. Contractor must be
able to secure exercise sites at any of the jurisdictions within the ASAUA.
I. Contractor is responsible for providing exercise materials and delivering it to the site(s) of
all seminars, workshops, tabletops, drills, functional and full-scale exercises at its cost. The
City shall not be billed nor will it accept requests for reimbursements and/or billing.
J. Contractor may not charge the City for materials brought to the seminars, workshops,
tabletops, drills, functional, and full-scale exercises that are not utilized.
K. Contractor shall ensure that exercise participants are members of agencies or organizations
located or operating within the ASAUA, or have been approved by the ASAUA Training &
Exercise Program Manager or his designee.
X. QUALIFICATIONS HOMELAND SECURITY EXERCISE EXPERIENCE
The following elements outline the type of experience and expertise proposers should possess
related to the development and delivery of seminars, workshops, tabletops, drills, functional and
full-scale exercises. Proposers will document their experience and expertise in their SOQs.
ASAUA requires seminars, workshops, tabletops, drills, functional and full-scale exercises in the
following specific disciplines:
Law Enforcement/Tactical
Fire/Emergency Medical
Public Health
Emergency Management
Cyber Security
A. Proposer should be experienced and proficient in the design and delivery of relevant
homeland security related seminars, workshops, tabletops, drills, functional and full-scale
exercises.
B. Proposer should have staff that is experienced and proficient in developing seminars,
workshops, tabletops, and drills, functional and full-scale exercises in accordance with
HSEEP guidelines.
C. Proposer should have staff that is experienced and proficient in conducting seminars,
workshops, tabletops, drills, functional and full-scale exercises in accordance with HSEEP
guidelines.
D. Proposer should have staff that is experienced and proficient in providing training to and
coordinating exercise evaluators, controllers, and Simulation Cell operators.
XI.DELIVERABLES / REPORTS FOR EXERCISES
A. Exercise Documents: Contractor shall provide all documents necessary to conduct seminars,
workshops, tabletops, drills, functional and full-scale exercises in accordance with HSEEP
guidelines. These documents should include, but not be limited to: Exercise Plan,
Controller/Evaluator Plan, Master Scenario Events List (MSEL), Exercise Evaluation
Guides, etc.
B. Contractor must provide rosters, sign-in sheets, and presentation materials for all planning
meetings conducted in support of all seminars, workshops, tabletops, drills, functional and
full-scale exercises and will deliver to the ASAUA Training & Exercise Program Manager
upon completion of the planning activity at its cost.
C. Contractor must complete After Action Reports (AARs) for all seminars, workshops,
tabletops, drills, functional and full-scale exercises. Copies of these AARs must be provided
to the ASAUA Training & Exercise Program Coordinator within 60 days of any seminars,
workshops, tabletops, drills, functional, and full-scale exercises.
D. Contractor must complete an Improvement Plan for each seminar, workshop, tabletop, drill,
functional and full-scale exercise delivered. Copies of the Improvement Plan will be
provided to the ASAUA Training & Exercise Coordinator within 60 calendar days of any
seminars, workshops, tabletops, drills, functional, and full-scale exercises.
E. Proposer shall upload, on behalf of the ASAUA, all necessary AARs and Improvement Plans
into HSEEP within 60 calendar days of completing any exercise activity.
XII. QUANTITIES FOR EXERCISES
Quantities listed herein are estimates and are not to be construed as a commitment. No minimum
or maximum is guaranteed or implied.
XIII. PRICING FOR EXERCISES
A. All price quotes offered during an informal request for quote process will remain firm for
the term of the resulting PO under the Agreement.
B. Unless otherwise stated, Proposer agrees that, in the event of a price decline, the benefit of
such lower price shall be extended to the City.
C. All prices are to be F.O.B. destination. Any freight/delivery charges are to be included.
D. Any price increase or decrease for subsequent contract terms may be negotiated between
Proposer and City only after completion of the initial term.
E. Taxes and freight charges:
1. The City is soliciting a total price per single delivery of each seminar, workshop,
tabletop, drill, functional, and full-scale exercise. The price quoted for each
seminar, workshop, tabletop, drill, functional, and full-scale exercise shall be the
total cost the City will pay including Sales, Use, or other taxes and all other
charges.
2. No charge for delivery, drayage, express, parcel post packing, cartage, insurance,
license fees, permits, costs of bonds, or any other purpose, except taxes legally
payable by City, will be paid by the City unless expressly included and itemized
in the SOQ.
3. Amount paid for transportation of property to the City of Santa Ana is exempt
from Federal Transportation Tax. An exemption certificate is not required where
the shipping papers show the consignee is the City of Santa Ana; as such papers
may be acceptable by the carrier as proof of the exempt character of the
shipment.
4. Articles sold to the City of Santa Ana are exempt from certain Federal excise
taxes. The City will furnish an exemption certificate.
F.
be used. There are no exceptions.
G. Price quotes shall include any and all payment incentives available to the City.
H. Proposer are advised that in the evaluation of costs, if applicable, it will be assumed the unit
price quoted is correct in the case of a discrepancy between the unit price and an extension.
I. Federal and State minimum wage laws apply. The City has no requirements for living
wages. The City is not imposing any additional requirements regarding wages.
XIV. AWARD FOR EXERCISES
A. The City reserves the right to reject any or all responses that materially differ from any terms
contained in this RFQ or from any Exhibits attached hereto, to waive informalities and
minor irregularities in responses received, and to provide an opportunity for proposers to
correct minor and immaterial errors contained in their submissions. The decision as to what
constitutes a minor irregularity shall be made solely at the discretion of the City.
B. The City reserves the right to award to a single or multiple proposers.
C. The City has the right to decline to award an agreement or any part thereof for any reason.
D. City Council approval to award an Agreement will be required.
E. Agreement must be negotiated, finalized, and signed by the recommend awardee(s) prior
to City Council approval.
F. Final Agreement terms and conditions will be negotiated with the selected Contractors.
G. The RFQ specifications,
SOQ, may be incorporated into and made a part of any agreement that may be awarded as
a result of this RFQ.
XV. METHOD OF ORDERING FOR EXERCISES
A. As exercises are required, subsequent solicitations in the form of requests for firm price
quotations and scope of work will be requested from Contractors with which the City has
an Agreement.
B. Contractors who have been qualified will be provided a scope of work for the desired
seminar, workshop, tabletop, drill, functional or full-scale exercise and requested to
provide a written quotation. These quotations will be reviewed and evaluated by the
ASAUA Grant Office. The City shall not be obligated to accept the lowest priced quotation,
but will award individual projects in the best interests of the City after all factors have been
evaluated. City reserves the right to negotiate scope of work and pricing prior to award of
any project.
C. Individual order price quotations shall be provided upon request per project and shall
include, but not be limited to, an identifying (quotation) number, date, City of Santa Ana
agreement number, requestor name and phone number, ship to location, itemization of
services with complete description and price per item and a summary of total cost for
services, shipping, and tax.
D. Purchase Orders (POs) will be issued upon approval of written itemized quotations
received from the Contractor(s).
E. POs will be faxed, transmitted electronically, or mailed and shall be the only authorization
for the Contractor o place an order.
F. POs and payments for service will be issued only in the name of the Contractor.
G. Contractor shall adapt to changes to the ordering method or ordering procedures as required
by the City during the term of the agreement.
H. Change orders shall be agreed upon by Contractor and City and issued as needed in writing
by the City.
XVI. ACCOUNT MANAGER / SUPPORT STAFF FOR EXERCISES
A. Proposer shall provide a dedicated competent account manager who shall be responsible
for the City account / agreement. The account manager shall receive all orders from the
this RFQ and any agreement which may arise pursuant to this RFQ.
B. Proposer shall also provide adequate, competent support staff that shall be able to service
the City during normal working hours, Monday through Friday. Such representative(s)
shall be knowledgeable about the agreement, training offered, and able to identify and
resolve quickly any issues included, but not limited to order and invoicing problems.
C. Proposer account manager shall be familiar with City requirements and standards and work
with the City to ensure that established standards are adhered to.
Proposer account manager shall keep the City and ASAUA Training & Exercise Program
Manager informed of requests from departments as required.
XVII. INVOICING FOR TRAINING AND/OR EXERCISE COURSES
A. Contractor shall invoice the City, unless otherwise advised, upon satisfactory receipt of
performance of services.
B. City will use best efforts to make payments within forty-five (45) days following receipt and
review of invoice and upon complete satisfactory receipt of performance of services.
C. Invoices should be Emailed to:
Sgt. Roland Andrade
Santa Ana Police Department
Homeland Security Division / M-18
60 Civic Center Plaza
P.O. Box 1981
Santa Ana, CA 92701
Email: RAndrade2@santa-ana.org
D. City shall notify Contractor of any adjustments required to invoices.
E. Invoices shall include, at minimum:
City PO number (if applicable);
Invoice number;
Agreement number;
Remit to address;
Itemized services;
Course description
Pricing as per agreement;
Instructor name;
Number of participants;
Course date(s); and
Shall be accompanied by acceptable proof of delivery.
F. Contractor shall utilize standardized invoices upon request.
G. Invoices shall only be issued by the Contractor who is awarded an agreement.
H. Payments will be issued to and invoices must be received from the same Contractor whose
name is specified on the POs.
EXHIBIT B
COSTS TRAINING CLASSES AND EXERCISES
TRAINING
Total
Course Title Description
Course
Cost
(Estimated)
Advanced Public Information This advanced course builds on the $48,000
Officer (L0388) foundations established in the Basic Public
Information Officer course series: This course
provides participants the knowledge and skills
to establish, manage and work within a joint
information center. The training will allow
students to develop the skills to coordinate a
message once developed and to modify if
problems or sources of confusion arise. It
discusses techniques to develop strategic
messaging in support of incident action plans,
managing joint information centers including
personnel and stress.
Community Mass care and This course prepares jurisdictions to manage $17,000
Emergency Assistance (G108) Mass Care and Emergency Assistance
functions effectively and work together to plan
and provide Mass Care Emergency Assistance
services. This course also provides
jurisdictions with an understanding of Mass
Care and Emergency Assistance roles and
responsibilities for the Local, OA, Region, and
State levels.
This course is designed to enable the non-technical
Mitigation for Emergency $22,000
emergency worker to acquire skills in the use of
Managers (G393)
mitigation. The course provides training on how to
perform mitigation activities fundamental to
reducing and eliminating long-term risks to human
life, property and the environment from hazards.
The course also addresses the important roles of
the emergency program manager (or other local
government representative) in mitigation:
motivator, coordinator, and monitor in local
implementation of the National Mitigation
Strategy.
Recovery from Disaster - The This course introduces disaster recovery $22,000
Local Community Role (G205) principles, practices and policies relating to
Public Assistance and Individual Assistance
programs and guidance on developing a local
disaster recovery plan for community
resiliency. The course discusses recovery
planning at the local, state and federal levels.
Examples are used from real disaster events by
incorporating activities to support participant
learning throughout the course and giving
participants the opportunity to develop an
outline of their own recovery plan.
Emergency Management This course introduces participants to key $40,000
Concepts emergency management principles that will
enhance their capabilities to work in a Local,
Operational Area, Regional, or State
Emergency Operations Center (EOC). Course
content includes Essential EOC
Section/Position training and a series of
progressive table top and functional exercises.
Emergency Planning (G235) This course provides an overview of the $20,000
critical function of emergency planning in
incident response and recovery. Topics
covered include the range of human services
and legal considerations that are part of an
Participants learn the tools and techniques
Guide (CPG 101) and the step-by-step process
to develop an all-hazard Emergency
Operations Plan (EOP). The methodology to
link local jurisdiction plans with State and
Federal plans is also reviewed along with a
practicum exercise to enhance student
learning.
EOC Action Planning (G626) This course focuses on an Emergency $20,000
Operations Center's action planning process.
Participants learn what the action plan
contains and the process to develop an action
plan. Content includes what each SEMS
Section contributes to develop the action plan
and the individual's role.
EOC Management and This two-day course is designed to examine $24,000
Operations (G775) the role, design, and functions of the
Emergency Operations Center (EOC) and their
relationships as components of a multi-agency
coordination system. The course provides
training about staffing and organization,
information, systems, communications and
equipment needs at the EOC, activating and
deactivating the EOC, EOC operations and
EOC training and exercising. Participants will
have the opportunity to apply what they have
learned during group activities. This course
will also focus on the coordination between
the Incident Command System (ICS) and the
decision making procedures taking place in the
EOC.
EOC Section Overview: All This training module focusses on key $40,000
(G611A) Emergency Operations Center (EOC)
positions within the Management, Operations,
Planning & Intel, Logistics, and Finance &
Admin Sections based on the state OES EOC
Section/Positioning document.
EOC Section Overview: This training module focuses on key $13,000
Finance and Admin (G611F) Emergency Operations Center (EOC)
positions within the Finance & Admin Section
based on the state OES EOC Section/Position
credentialing document.
EOC Section Overview: This training module focuses on key $13,000
Logistics (G611L) Emergency Operations Center (EOC)
positions within the Logistics Section based on
the state OES EOC Section/Position
credentialing document.
EOC Section Overview: This training module focuses on key $13,000
Management (G611M) Emergency Operations Center (EOC)
positions within the Management Section
based on the state OES EOC Section/Position
credentialing document.
EOC Section Overview: This training module focuses on key $13,000
Operations (G611O) Emergency Operations Center (EOC)
positions within the Operations Section based
on the state OES EOC Section/ Position
credentialing document.
This training module focuses on key Emergency
EOC Section Overview: $13,000
Operations Center (EOC) positions within the
Planning and Intel Section
Planning and Intel Section based on the state OES
(G611P)
EOC Section/Position credentialing document.
Evacuation and Re-Entry This course provides participants with the $16,000
Planning (G358) knowledge and skills needed to design and
implement an evacuation and re-entry plan for
their jurisdictions. The course uses a
evacuation plan. The course also addresses
evacuation behavior and recommends methods
to make evacuation and re-entry more
efficient. This course does not address the
decision to evacuate or re-enter.
G290/G291 Basic Public The course is designed for people who work $44,000
Information Officer and Joint with the media in times of crisis and day-to-
Information System/Joint day media relations. The program emphasizes
Information Center the importance of developing a Public
Information Officer (PIO) team,
communications skills, leadership and working
in a Joint Information Center (JIC) using Joint
Information Systems(JIS).
Hazardous Materials Assistant This course concentrates on safe hazardous $14,000
Safety officer materials incident operations are critical to
response and containment. Students will begin
learn to maintain site safety and control.
Hazardous Materials Incident This course provides the tools a person needs $9,500
Commander to assume control of an emergency response to
a hazardous materials incident. Instructional
methods include class activities, case studies
and table top exercises with emphasis on
hands-on decision making.
Hazardous Materials Incident This course provides the tools a person needs $12,500
Commander - Pro Board to assume control of an emergency response to
a hazardous materials incident.
Human Trafficking Seminar This course provides a review of critical or $18,000
developing issues for law enforcement,
emergency management and victim service
personnel, in addition to updates on new
emerging tactics, techniques and protocols in
the fight against human trafficking. The object
of this refresher class is to update skills, gain
knowledge and to maintain competency as a
front-line combatant fighting modern day
slavery.
Human Trafficking: Modern This course is an intensive examination of $36,000
Day Slavery human trafficking often referred to as
modern-day slavery is designed to give
professionals a deep understanding of how the
timeless exploitation of human beings has
become one of the fastest growing criminal
enterprises in the world today. From historical
examinations of slavery, to the use of modern
technology and social media, this course is
designed to give investigators, victim services
providers, and other practitioners a robust
understanding of why, and how, exploitation
occurs. This course is designed for anyone
involved in the response to trafficking who
desires a deeper knowledge of the challenges
involved, how we can all better support
victims of trafficking, and successfully
prosecute traffickers.
Incident Command This course provides participants with an $13,000
System/Emergency Operations understanding of ICS/EOC Interface. Content
Center Interface (G191) includes an overview of ICS and MACS, and a
practical exercise to discuss, apply, and
validate workshop concepts and ideas for
effective ICS and EOC Interface.
ICS-300 Intermediate ICS for The training and resources provided in this $20,000
Expanding Incidents course will assist personnel who require
advance application of ICS. The course will
benefit anyone who is responsible to function
in a command post managing an expanding
incident. The training will introduce how to
develop an Incident Action Plan and
interactions between general and command
staff.
ICS-400 Advanced ICS for This course builds upon information covered $20,000
Command and General Staff in the ICS-100, ICS-200, and ICS-300 courses
and explains the roles and responsibilities of
local, county, state and federal agencies
involved in managing an expanding incident.
Enhance your command decision-making
skills by participating in group activities that
introduce the use of an Incident Complex and
Area Command, and the interactions between
Multi-Agency coordination (MAC) entities.
Integrating Access and This course focuses on developing plans that $17,000
Functional Needs into integrate people with disabilities and others
Emergency Management with access and functional needs (AFN) into
(G197) response and recovery by specifically
addressing communication, sheltering,
evacuation and transportation concerns.
Local Volunteer and Donations The course is designed to strengthen the $14,000
Management (G288) abilities of local jurisdictions to successfully
prepare for and handle volunteer and
donations management issues that may arise.
The course content and activities may also
serve as a template, thereby enhancing
uniformity to address donated unsolicited
goods, unaffiliated volunteers, and
undesignated cash.
Management of Spontaneous This course introduces the skills and planning $13,000
Volunteers in Disasters (G489) considerations required to manage large
numbers of people who are not affiliated with
an experienced relief organization, but who
want to help in disasters. These helpers or
"spontaneous volunteers" are generally well
motivated and sincerely want to help., But if
their efforts and resources are not coordinated
effectively, they could be counterproductive,
wasteful, and often place a strain on the
disaster area.
Rapid Needs Assessment This course provides information and $17,000
(G557) resources that will enable participants to plan
an effective Damage Assessment Program and
conduct rapid and effective damage
assessments in order to save lives, protect
property and the environment, and begin the
process of recovery and mitigation. This
course focuses on plans and procedures for
responding to the initial 4 hours of a disaster.
Content includes pre-event planning,
intelligence gathering and situational
awareness distribution.
SEMS Executive Management This course covers ICS/SEMS/NIMS for $13,000
Course (includes ICS-402) executive staff including elements of ICS for
executives
Social Media Engagement This course will provide participants with the $13,000
Strategies (PER-343) knowledge and skills to implement strategies
to better engage individuals and partner
organizations. Participants will experience
more in-depth training in the use of content
types, engagement strategies, and
measurement tools for social media. The
course will enable participants to create a
social media strategy and better adapt to
changing needsand strategies throughout the
phases of emergency management. Group
activities throughout the course will assist to
reinforce the use of social media strategies in
emergency management.
Social Media for Disaster This course focuses on the use of social media $13,000
Response and Recovery (PER-in disaster preparedness, response, and
304) recovery. Social media has shown to help
people communicate and collaborate about
events as the events unfold. Social media can
provide rapid and immediate real-time
information about events that helps provide
greater situational awareness leading to better
decision making. Participants are provided
with the knowledge and skills to integrate
social media into their current communication
plans. The course defines social media and its
uses and identifies the tools, methods, and
models to properly make use of social media
in the context of disaster management and
provides the information and hands-on
experience nece
create social media disaster plans.
Social Media Tools and This course is designed to provide participants $20,000
Techniques (PER-344) with the knowledge and skills to use
intermediate social media tools and techniques
for situational awareness during an
emergency. Participants will learn and use
tools such as mapping applications, data
analysis, and data mining for research and
management. It aims to reach public and
private sector organizations who have
responsibility for conveying disaster-related
information to the public or who are
responsible for gathering information during
and after a disaster.
Terrorism I: International This course concentrates on understanding the $31,500
Terrorism various aspects of international and
transnational terrorism and homegrown violent
extremism and developing effective strategies
to counter the threat posed by contemporary
international terrorist operating against, or
within, the United States.
Terrorism II: Domestic This course focuses on understanding the $25,500
Terrorism various aspects of domestic terrorism and
extremism and developing effective strategies
to counter the threat posed by contemporary
domestic terrorist and extremists operation
within the United States.
Terrorism III: Advanced Intended for graduates of CSTI's Terrorism I $29,000
Counterterrorism Strategies and II courses; this course offers students the
opportunity to apply the knowledge, skills and
resources obtained in those courses to develop
counterterrorism strategies in a simulated war
game which compares and contracts one
team's proactive force protection methods
against a dedicated adversary's attack plan.
Terrorism Intelligence Analysis This course is designed for both collectors and $27,000
consumers of intelligence, as well, as newly
assigned terrorism intelligence analysts and
Terrorism Liaison Officers (TLOs). While the
course includes the basics of criminal
intelligence analysis methodology, the
information is presented within the framework
of intelligence as it relates to terrorist activity.
Police Department
https://www.santa-ana.org/pd
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Mobile Computer Equipment for the Police Department
AGENDA TITLE:
Award a Contract to HP Inc. for Mobile Computer Equipment in the Amount of $83,274.40
for the Police Department (Specification No. 21-019) (Non-General Fund)
RECOMMENDED ACTION
Award a contract to HP, Inc. for the purchase of mobile computer equipment for the Police
Department, in an amount not to exceed $83,274.40, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Police Department utilizes mobile computer equipment in the field to perform their
duties. Mobile computers enable officers to efficiently respond to calls for service from
the community, enhance officer safety, and improve communication. This contract award
will allow the Police Department to purchase up to 20 Mobile Data Computers for vehicles
assigned to new officers coming off of training and provide replacement units for units
that fail. The GETAC V110 laptop/tablets used by the Police Department are outfitted with
Intel processors, dual batteries, red backlit keyboards, wireless and Bluetooth
capabilities, barcode readers, and built-in security features. The GETAC V110 is fully
ruggedized and has been tested and certified to meet MIL-STD-810H, IP65 and MIL-
STD-461G standards. It is built with high quality magnesium alloy for structural integrity;
a highly durable LumiBond 2.0 touchscreen; and has advanced rugged polymer at its
main points of contact to absorb impacts. The cost of the GETAC units is $4,163.72 each,
including taxes.
Purchasing and Police Department staff reviewed procurement options for mobile digital
computers. The contract with HP Inc. awarded and made available through NASPO
ValuePoint, an independent public sector cooperative purchasing agency, was selected
based on their competitive pricing, service levels, and product offerings that meet
standardized equipment requirements. Santa Ana Ordinance No. NS-2312 authorizes
the City to utilize purchase contracts from any public agency employing a competitive bid
process. The State of Minnesota has awarded a master agreement to HP Inc., for the
procurement of Computer Equipment, Peripherals & Related Services as a result of open
competitive bidding and made it available to NASPO ValuePoint’s participating agencies.
Mobile Computer Equipment for the Police Department
March 2, 2021
Page 2
Utilizing the contract awarded to HP Inc. allows the City to make purchases through July
31, 2021 and is in accordance with the City’s existing Purchasing Guidelines.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this purchase are available in the following Police Department accounts:
Fiscal Accounting Unit-Accounting Unit, Account Amount
YearAccount #Description
FY 12814407-63001Supplemental Law
2020-21Enforcement Services
$58,292.08
Account, Materials and
Supplies
FY 12814407-63001Supplemental Law
2021-22Enforcement Services
$24,982.32
Account, Materials and
Supplies
Total$83,274.40
Submitted By:David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
Finance and Management Services
https://www.santa-ana.org/finance
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Quarterly Report of Investment as of December 31, 2020
AGENDA TITLE:
Receive and File Quarterly Report of Investments as of December 31, 2020
RECOMMENDED ACTION
Receive and file.
DISCUSSION
California Code Section 53646 (b) states that if a quarterly report is rendered to the
legislative body, the quarterly investment report shall be submitted within 30 days
following the end of the quarter covered by the report. In an effort to meet the statutory
requirement, Finance & Management Services Agency submits the Report via email for
review and distribution to the City Council in advance. The report was emailed for
distribution on January 27, 2021. The legislation specifies that this quarterly report
contain the seven major elements listed below:
1. Type of investments,
2. Date of maturity,
3. Par and dollar amounts invested in each security,
4. Weighted average maturity of the investments,
5. Market value as of the date of the report,
6. Source of the market value information, and
7. Any funds, investments or programs, including loans, under the management of
contracted parties.
These specifications include a statement outlining the ability of the City to meet the
budgeted expenditures for the subsequent six months be submitted to the City Council
on a quarterly basis. Staff performs an end-of-month expenditure analysis to comply with
the expenditure requirement and a statement confirming the ability to meet this
requirement in the monthly and quarter-ending Treasurer’s Report. The information is in
compliance with State law and the City’s Investment Policy.
Quarterly Report of Investment as of December 31, 2020
March 2, 2021
Page 2
The attached Treasurer’s Report (Exhibit 1) accurately reflects all pooled investments
held on behalf of the City as of December 31, 2020.
The following two tables represent: (1) percentage limits set by the City’s Investment
Policy and State Law and shows respective City investment portfolio investment types,
amounts, and percentages; and (2) the restricted cash balance as of December 31, 2020.
COSA
Amounts State Law
Portfolio Policy
Type of InvestmentInvested Limits
(%)Limits
($)(%)
(%)
Federal Farm Credit Bank $32,709,210.2511.28%
NoneNone
(FFCB)
Federal Home Loan Bank $23,152,608.337.99%
NoneNone
(FHLB)
Federal Home Loan Mortgage $65,286,250.0022.52%
NoneNone
Corp. (FHLMC)
Federal National Mortgage $88,201,540.0030.43%
NoneNone
Association (FNMA)
Local Agency Investment Fund $74,766,303.0925.79%
NoneNone
(LAIF)
CARES Local Agency $5,752,727.461.99%
Investment Fund (LAIF)
$289,868,639.13100.00%
Sub- TotalNoneNone
$56,918,611.74
Cash
$346,787,250.87
Total
Restricted CashIn ($)
Restricted Cash $120,621.33
†,
Total$120,621.33
Restricted cash is held by a Trustee, Bank of New York Mellon, and is segregated from cash used for
†
daily operations. (exp.: Bond reserve funds)
Quarterly Report of Investment as of December 31, 2020
March 2, 2021
Page 3
The following City investment portfolio graph represents percentages within the
respective investment types as of December 31, 2020.
The following two tables represent, as of December 31, 2020: (1) the aggregate Average
Market Yield To Date (AMTD); and (2) the breakdown of by investment type.
Aggregate Average Market Yield To Date
Average Month To Date (AMTD).988%
Book Value of % of
Investments InvestmentsYTM Portfolio
LAIF$74,766,303.090.540%25.79%0.139%
LAIF CARES$5,752,727.460.540%1.99%0.011%
Federal Agency $209,349,608.581.161%72.22%0.838%
Securities
$289,868,639.130.988%100.00%0.988%
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Quarterly Report of Investment as of December 31, 2020
March 2, 2021
Page 4
EXHIBIT(S)
1. Treasurer’s Report
Submitted By:
Kathryn Downs, Executive Director Finance and Management Services
Approved By: Kristine Ridge, City Manager
Public Works Agency
https://www.santa-ana.org/pw
Item # 16
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Purchase of Four Ford Super Duty F250 HD Trucks with Tommy Lift Gates
AGENDA TITLE:
Award a Purchase Order in the Amount of $142,731 to Theodore Robins Ford for Four
Ford Super Duty F250 HD trucks with Tommy Lift Gates (Specification No. 20-148) (Non-
General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Theodore Robins Ford
for four Ford Super Duty F250 HD Trucks with Tommy Lift Gates, in the amount of
$137,731 plus a contingency of $5,000, for a total amount not to exceed $142,731,
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Maintenance Services Division is in need of four trucks with
Tommy Lift Gates to replace the existing aging fleet of work trucks. The vehicles are in
constant use during the course of daily work operations and while conducting field
inspections. With the assistance of the Tommy Lift Gates, staff is able to safely and
efficiently load and transport heavy equipment, tree trunks, debris, and rubbish. The
vehicles have also been crucial in responding to homeless-related requests for service in
locations with challenging terrain, including the Santiago Creek. In addition, these
vehicles are vital when deployed as part of the City’s emergency response to storms,
wind events, flooding, and after-hours emergency service calls.
The existing vehicles are 2008 models or older and have reached the end of their useful
lifecycle. Due to their heavy use and age, the trucks are unreliable, often break down,
and require costly repairs, leading to public service delays. Furthermore, the vehicles
exceed the recommended Equipment Lifecycle Guidelines, earning a “terrible” rating
based on industry standards from the Municipal Equipment Maintenance Association, the
National Association of Fleet Administrators, and the American Public Works Association.
Award purchase order to Theodore Robins Ford
March 2, 2021
Page 2
The Notice Inviting Bids was advertised on November 11, 2020, on the City’s online bid
management and publication system. A summary of the bid invitation and bids received
is as follows:
441 Vendors were notified
20 Santa Ana vendors were notified
5 Bids received
0 Bids received from Santa Ana vendors
It is important to note there are no Ford dealerships in Santa Ana.
The bids were opened on December 10, 2020, and evaluated (Exhibit 1). The bid
submitted by Theodore Robins Ford, located in Costa Mesa, CA, is responsive to the
specifications and meets the City’s requirements. Staff recommends purchasing four
Ford Super Duty F250 HD Trucks with Tommy Lift Gates from Theodore Robins Ford.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $142,731 are available for expenditure in FY 2020-21 as follows:
Accounting Fund
Fiscal Accounting Unit,
Amount
Unit-Account #Description
YearAccount Description
Public Works-
Sanitation
2020-21 06817640-66400Environment/Sanitation, $142,731
Fund
Machinery & Equipment
Total:$142,731
EXHIBIT(S)
1. Abstract of Bids
Submitted By: Nabil Saba, Executive Director Public Works
Approved By:Kristine Ridge, City Manager
N/A
$0.00$0.00$0.00$0.00$0.00$8.75$0.00
$2,914.60
$31,509.20
$34,423.80$34,432.55$34,432.55
2/10/2021
Costa Mesa, CA
Theodore Robins Ford
N/A
$8.75$0.00
$30.00
$750.00$200.00
$2,750.00$3,600.00$3,331.85
$28,890.00
$39,351.85$39,560.60$39,560.60
4/30/2021
Cerritos, CA
Penske Chevrolet
Chevy Alternative
N/A
$8.75$0.00
$30.00
$961.50$125.00
$3,702.00$3,155.36$3,182.54
$26,557.00
$37,588.40$37,722.15$37,722.15
Anaheim, CA
Not Provided
Dodge Alternative
McPeek's Dodge of Anaehim
N/A
$0.00$0.00$8.75$9.50
$802.00
$3,385.00$3,563.00$3,046.41
$25,184.20
$35,980.61$35,998.86$35,998.86
Fritts Ford
Riverside, CANot Provided
N/A
$0.00$0.00$0.00$0.00$0.00$8.75$0.00
$2,941.22
$31,797.00
$34,738.22$34,746.97$34,746.97
$137,730.20
4/30/2021
Placentia, CA
Fairway Ford Sales Inc
Pricing valid thru:
Description Ford Super Duty F250 HD Model Year 2021 or Newer Tool Storage Box as specifiedLighting Modification as specifiedTommy Liftgate as specifiedDocumentation Fee9.25% Sales Tax
Subtotal Destination and Delivery (Non Taxable)California Tire Fee (Non Taxable)Misc. Fees (Non Taxable)Total Price per vehicle 1% Local Vendor Preference Final Bid Amount as Determined
by Basis of AwardRecommended Award to:Theodore Robins Ford2060 Harbor Blvd. Costa Mesa, CA 92627
123456789
10111213
Bid Results for Ford Super Duty F250 HD Trucks with Tommy LiftgateBid No. 20-148Issued on: 11/18/2020Bid Due on: 12/10/2020Item
Public Works Agency
https://www.santa-ana.org/pw
Item # 17
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Purchase Order for John Deere 410L Backhoe
AGENDA TITLE:
Award a Purchase Order in the Amount of $145,939 for One John Deere 410L Backhoe
and a $25,000 Blanket Order for As Needed Repairs to Bragg Investment Company Inc.,
DBA Coastline Equipment (Specification No. 20-138) (Non-General Fund)
RECOMMENDED ACTION
1. Authorize a one-time purchase order and payment to Bragg Investment Company Inc.,
DBA Coastline Equipment for one John Deere 410L Backhoe in the amount of $135,939,
and a $10,000 contingency, for a total amount not to exceed $145,939, subject to non-
substantive changes approved by the City Manager and City Attorney.
2. Authorize a blanket order in the amount of $25,000 for as-needed repair services
subject to non-substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Maintenance Services Division is in need of a new backhoe
to replace the current vehicle. The backhoe is a vital, multi-function, all-purpose vehicle
that allows staff to perform various tasks efficiently during the course of daily field
operations such as trenching, excavation, moving/lifting heavy equipment, and
objects. The backhoe is crucial and heavily utilized in responding to homeless-related
request for services to locations with challenging terrain requiring earth/soil clearing,
including the Santiago Creek area and similar terrain. In addition, the vehicle is vital when
deployed as part of the City’s emergency response to rain and windstorm-related debris
and after-hours emergency service calls.
The Public Works Agency’s Fleet Services Division is responsible for the acquisition,
maintenance, repair, and replacement of vehicles, trucks, and maintenance
equipment. The Division notes that the current backhoe has reached the end of its useful
lifecycle and has become unreliable, leading to public service delays. The vehicle
exceeds the division’s recommended Equipment Lifecycle Guidelines by exceeding 15
years in age and over 7,000 operating hours, earning a “terrible” conditions rating based
on industry standards from the Municipal Equipment Maintenance Association, the
National Association of Fleet Administrators, and the American Public Works Association.
Award a Purchase Order for John Deere 410L Backhoe
March 2, 2021
Page 2
The Notice Inviting Bids was advertised on October 26, 2020 on the City’s online bid
management and publication system. A summary of the bid invitation and bids received
is as follows:
267 Vendors were notified
0 Santa Ana vendors were notified
7 Vendors downloaded the bid packet
3 Bids received
0 Bids received from Santa Ana vendors
Three bids were received and opened on November 18, 2020, and evaluated. The results
are as follows:
VendorLocationAmount
Bragg Investment Company Inc. Long Beach, CA$135,938.38
Quinn CompanyFoothill Ranch, CA $149,117.00
Sonsray MachinerySanta Fe Springs, CA$137,181.03
The bid submitted from Bragg Investment Comapany Inc., DBA Coastline Equipment, is
responsive to the specifications and meets the City’s requirements. Staff recommends
authorizing a one-time purchase order and payment to Bragg Investment Company Inc.
for one John Deere 410L Backhoe in the amount of $135,939, and a $10,000 contingency
for a total amount not to exceed $145,939.
Additionally, Bragg Investment Company Inc., provides tractor repair services to the Fleet
Services Division on an as-needed basis. With the purchase of the backhoe, the $25,000
aggregate limit will be exceeded. In order for the Division to continue utilizing the vendor’s
services, staff recommends authorizing a blanket order in the amount of $25,000 for as-
needed repairs.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
Award a Purchase Order for John Deere 410L Backhoe
March 2, 2021
Page 3
FISCAL IMPACT
Funds in the amount of $170,939 are available for expenditure in FY 2020-21 as follows:
Accounting Fund
Accounting Unit, Account
Fiscal YearUnit-Account DescriptionAmount
Description
#
Public Works-
06817640-Sanitation
2020-21 Environment/Sanitation, $145,939
66400Fund
Machinery & Equipment
Equipment Maintenance-
07517100-Fleet Garage Operation,
2020-21$25,000
62322MaintenanceMaintenance & Repair
Machinery & Equipment
Total:$170,939
EXHIBIT(S)
1. Abstract of Bids
Submitted By:Nabil Saba, Executive Director, Public Works
Approved By: Kristine Ridge, City Manager
N/A
$0.00$7.00
$699.00
$9,374.67
$10,761.36
$116,339.00
$127,100.36$137,181.03$137,181.03
Sonsray Machinery
Santa Fe Springs, CA
Alternate Product
N/A
$0.00$7.00$0.00
$9,270.00
$11,840.00
$128,000.00
$139,840.00$149,117.00$149,117.00
Quinn Company
Foothill Ranch, CA
Alternate Product
A
N
N/A
$0.00$0.00
A
$2,850.00$6,850.00
A
$10,688.38
$115,550.00
$126,238.38$135,938.38$135,938.38
T
Long Beach, CA
N
Bragg Investment
A
S
F
O
Y
T
I
C
Description John Deere 410L Backhoe Model Year 2020 or Newer 9.25% Sales Tax Subtotal Extended Warranty (Non Taxable)Destination and Delivery (Non Taxable)California Tire Fee (Non Taxable)Misc.
Fees (Non Taxable)Total Price per vehicle 1% Local Vendor Preference Final Bid Amount as Determined by Basis of Award
123456789
10
Item
Public Works Agency
https://www.santa-ana.org/pw
Item # 18
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Quench Buggy Mobile Water Filling Station
AGENDA TITLE:
Award a Purchase Order in an Amount not to Exceed $67,000 to Event Equipment
Distributors Inc. for a Quench Buggy Mobile Water Filling Station (Specification No. 21-
010) (Non-General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to Event Equipment
Distributors, Inc. in the amount of $62,000, plus a contingency of $5,000, for a total
amount not to exceed $67,000, for one Quench Buggy mobile water filling station for the
Public Works Agency, subject to non-substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily
operations of the City’s water system and provides high-quality drinking water to the
residents and businesses of Santa Ana. In the event of a major disaster, incident, or
planned outage in which the City’s water distribution system has been impacted, a mobile
water filling station can be used by the Water Resources Division to deliver potable water
to the public.
A Quench Buggy water filling station is the appropriate size and has the desired level of
mobility to enable Water Resources crews to quickly and effectively respond to these
potential events. This mobile trailer has multiple on-board spigots, fountains, and a full-
length sink, which provide access to up to 300 gallons of clean, potable water. The
attached 130-gallon storage tank ensures that grey water is properly captured. As such,
staff recommends the purchase of a Quench Buggy mobile water filling station from Event
Equipment Distributors.
While the Santa Ana Municipal Code Section 2-807 requires that contracts for City
purchases be awarded through a competitive bid process, it also allows for the direct
award of purchases whenever there is only one reasonable available source or where
solicitation of bids would for any reason be an idle act, which is the case with the Quench
Buggy.
Award purchase order to Event Equipment Distributors
March 2, 2021
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds in the amount of $67,000 are budgeted and available in the Water Quality account
(No. 06017644-66400)
Fiscal Accounting Unit-Fund Accounting Unit,
Amount
YearAccount #DescriptionAccount Description
Water Quality,
2020-2106017644-66400Water$67,000
Machinery & Equipment
Submitted By:Nabil Saba, Executive Director, Public Works
Approved By: Kristine Ridge, City Manager
Public Works Agency
https://www.santa-ana.org/pw
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Santiago Park Gas House Area Development Project
AGENDA TITLE:
Award a Construction Contract to Nationwide General Construction Services in the
Amount of $2,143,418.60 for the Santiago Park - Gas House Area Development Project
with an Estimated Project Delivery Cost of $2,663,857 (Project No. 15-2645) (Non-
General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to reject the bid submitted by Caliba Inc. as non-responsive
and award a construction contract to Nationwide General Construction Services, the
lowest responsible bidder in accordance with the base bid and Addendum 1, in the
amount of $2,143,418.60 for construction of Santiago Park – Gas House Area
Development Project, for the term beginning March 2, 2021, and ending upon project
completion, subject to non-substantive changes approved by City Manager and the City
Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$2,663,857, which includes $2,143,418.60 for the construction contract; $310,438.40 for
contract administration, inspection, and testing; and a $210,000 project contingency for
unanticipated or unforeseen work.
DISCUSSION
Santiago Park is a 35-acre linear park located at the northern edge of the City along
Santiago Creek (Exhibit 1). At the midpoint of the park is a large barren zone referred to
as the “Gas House” area, named for a small stone-façade structure that was built in the
1930s as part of the Works Progress Administration park improvements effort. The
Santiago Park – Gas House Area Development Project involves the renovation of this
structure, renovation of existing restrooms, replacement of playground equipment, and
site development, which includes the construction of an amphitheater, installation of
native riparian landscaping, automatic “smart” irrigation, drainage through natural
infiltration, decomposed granite walkways, site amenities, and interpretive signage.
Santiago Park Gas House Area Development Project
March 2, 2021
Page 2
Public Outreach and Contractor Participation
As legally required, a Notice Inviting Bids was advertised in the Orange County Register
newspaper on November 20 and November 25, 2020. The project was also advertised in
PlanetBids from November 20, 2020 through December 16, 2020. Bids were received
electronically via PlanetBids on December 16, 2020.
To provide opportunities for local vendors to submit bids, the City notified 1,094 regional
vendors via PlanetBids, 65 of which are Santa Ana-based. Fifty-four vendors requested
bid documents. Eleven bids were received, with one being non-responsive. No bids were
received from Santa Ana prime contractors.
Bid Results Summary
RANK BIDDER’S NAMELOCATIONBASE BID
Nationwide General Construction
1
Fountain Valley$2,128,419
Services
2
Aid Builders Inc.Los Alamitos$2,267,455
3
HYM Engineering, Inc.Fullerton $2,291,398
4
PCN3, INCLos Alamitos$2,340,529
5
Access Pacific, Inc.Pasadena$2,348,527
6Act 1 ConstructionNorco
$2,448,164
7Upland
California Landscape & Design, Inc.$2,615,709
8
C.S. Legacy Construction, Inc.Chino$2,634,214
9Woodland Hills
Environmental Construction, Inc.$2,737,753
10
EverLevel Holdings, LLCAltadena$2,891,322
Non-Responsive
NRCaliba, Inc.Stanton
Nationwide General Construction Services submitted the lowest responsive base bid in
the amount of $2,128,419.60 (Exhibit 2). Based on the bid analysis and a contractor’s
reference check, staff recommends awarding a construction contract in the amount of
$2,143,418.60 (Exhibit 3) to Nationwide General Construction Services, which includes
the base bid of $2,128,419.60 and $15,000 for Addendum 1. It should be noted that while
Nationwide General Construction Services is currently not a signatory with local unions,
they do maintain a healthy working relationship with labor unions and will employ local
labor on this project.
Santiago Park Gas House Area Development Project
March 2, 2021
Page 3
An analysis performed by staff on the bid received by Caliba, Inc. revealed that the
references provided by Caliba do not conform to the bid instructions. Those instructions
require bidders to list a minimum of three references to assure that prospective
contractors have sufficient experience performing similar work for public agencies. City
staff cannot consider deviations to this requirement as minor or inconsequential, and
therefore the bid from Caliba, Inc. is recommended to be considered non-responsive.
Staff received a Bid Protest on this project, and per the instructions contained in the bid
document, a hearing was held by the Public Works Agency with the Public Works Director
serving as the hearing officer. The protest was rejected as moot given that the protesting
party, upon a bid analysis by staff, was determined to be the lowest responsible bidder,
and the bid being protested was recommended for rejection. The basis of the bid protest
coincides with the staff analysis for rejecting the Caliba, Inc. bid.
The added time needed to analyze bids and hold the protest hearing has delayed the
award of this project from the potential award date in early February 2021 to March 2,
2021.
Project Delivery
To deliver a complete project, in addition to the construction contract, the estimated total
project delivery cost includes construction administration, inspection, and testing, along
with an allowance for contingencies to account for unexpected or unforeseen
conditions. Construction administration and inspection includes construction
management; implementation of the City’s Community Workforce Agreement
requirements; inspection of the Contractor’s work to ensure contract compliance,
workmanship, and quality; and materials testing. As indicated in the Cost Analysis
(Exhibit 4) and as summarized in the table below, the estimated total construction delivery
cost of the project is $2,663,857.
Project ItemTotal
Construction Contract
$2,143,418.60
Construction Administration, Inspection, Testing
$310,438.40
Contingencies
$210,000.00
Total Construction Delivery Cost
$2,663,857.00
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2019-59 was filed for the project
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $2,663,857, which includes construction, contract administration, inspection,
Santiago Park Gas House Area Development Project
March 2, 2021
Page 4
testing, and an authorized contingency of $210,000. The following table summarizes the
funds budgeted for expenditure to deliver construction of this project:
Accounting Unit
Fiscal Fund Accounting Unit - Account
- Account No.Amount
YearDescriptionNo. Description
(Project No.)
Park Improvements,
05113263-66220 Capital
2020-21Improvements Other Than $265,818
(15-2645)Outlay
Building
Residential Acquisition and
31213260-66220
2020-21Development Development, Improvements $901,505
(15-2645)
District 2Other Than Building
Residential Acquisition and Development
31213261-66220
2020-21Development In Lieu, Improvements Other $496,534
(15-2645)
District 2Than Building
Santa Ana River
PRCSA
16113263-66220Conservancy Program,
2020-21Capital $1,000,000
(15-2645)Improvements Other Than
Grants
Building
Total
$2,663,857
All funds are scheduled for expenditure in Fiscal Year 2020-21. However, any remaining
balances not expended at the end of the Fiscal Year will be carried forward into FY 2021-
22 for expenditure.
EXHIBIT(S)
1. Location Map
2. Bid Proposal
3. Construction Contract
4. Cost Analysis
Submitted By:Nabil Saba, Executive Director, Public Works
Approved By: Kristine Ridge, City Manager
PWA
PUBLIC WORKS AGENCY
ADDENDUM No. ONE
PROJECT 15-2645
COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 15-2645: SANTIAGO PARK - GAS HOUSE
AREA DEVELOPMENT
Construction Contract$ 2,143,418.60
Contract Administration$ 145,438.40
Inspection and Testing$ 165,000.00
Contingencies$ 210,000.00
TOTAL ESTIMATED CONSTRUCTION COSTS$ 2,663,857.00
Public Works Agency
https://www.santa-ana.org/pw
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Auto Body Repair Services
AGENDA TITLE:
Approve an Appropriation Adjustment and Award Purchase Order Contracts to Cosmetic
Care Inc. and Kelly’s Body Shop Inc. for Auto Body Repair Services in an Aggregate
Amount not to Exceed $2,500,000 for up to a Five-Year Term (Specification No. 20-157)
(Non-General Fund)
RECOMMENDED ACTION
1.Approve an appropriation adjustment recognizing $250,000 of prior year fund balance
in the Fleet Maintenance, Prior Year Carry Forward revenue account and appropriate
the same amount into the Fleet Equipment Maintenance-Garage Operation,
Maintenance and Repair Machinery and Equipment expenditure account.
2.Award blanket purchase order contracts for auto body repair services to Cosmetic
Auto Care Inc. and Kelly’s Body Shop Inc. for a one-year period beginning March 17,
2021 and expiring March 16, 2022, with provisions for four, one-year renewal options
exercisable by the City Manager, in an annual shared amount of $500,000, for an
aggregate amount not to exceed $2,500,000, subject to non-substantive changes
approved by the City Manager and City Attorney.
DISCUSSION
The Public Works Agency, Fleet Services Division is responsible for the acquisition,
maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment
that at times requires auto body repair work due to accidents and operational needs such
as painting and refurbishing.
A Notice Inviting Bids for auto body repair services was advertised on December 16,
2020, on the City’s online bid management and publication system. A summary of the
bid invitation and bids received is as follows:
60 Vendors were notified
6 Santa Ana vendors were notified
2 Bids received
2 Bids received from Santa Ana vendors
Auto Body Repair Services
March 2, 2021
Page 2
The bids were received and opened on January 4, 2021. After the bids were evaluated,
both the bids from Cosmetic Auto Care Inc., and Kelly’s Body Shop Inc. (Exhibit 1) were
found to be responsive to specifications and meet the City’s requirements. Staff
recommends awarding contracts to both vendors to allow for competitive quotes on
individual jobs and scheduling flexibility.
Additionally, due to an increase in vehicle collisions requiring auto body work and repairs,
the Fleet Maintenance Services Division has exhausted the budgeted amount in the
Maintenance and Repair Machinery Equipment expense line item. The funds requested
in this appropriation adjustment will allow for auto body repair services and any additional
miscellaneous repairs to be charged to the Fleet Equipment Maintenance-Garage
Operation, Maintenance and Repair Machinery, and Equipment expense line item.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $250,000 of prior year fund
balance in the Fleet Maintenance, Prior Year Carry Forward revenue account (No.
07517002-50001) and appropriate the same amount into the Fleet Equipment
Maintenance-Garage Operation, Maintenance and Repair, Machinery and Equipment
expenditure account (No. 07517100-62322). The funds will be used to cover the FY
2020-21 portion, in the amount of $166,667, of the requested blanket purchase orders for
vehicle body repair services and any additional miscellaneous repairs needed through
the end of the current Fiscal Year. The requested appropriation adjustment will increase
the annual budget amount of the Fleet Equipment Maintenance-Garage Operation,
Maintenance and Repair Machinery and Equipment expenditure line item by $500,000
for FY 2020-21, and the annual amount of $250,000 for the renewal options will be
included in the proposed budget for future fiscal years as follows:
Accounting
Fund Accounting Unit,
Fiscal Year Unit – Amount
DescriptionAccount Description
Account #
Maintenance and
2020-2107517100-Fleet
Repair, Machinery $166,667
(March-June)62322Maintenance
and Equipment
Maintenance and
2021-2207517100-Fleet
Repair, Machinery $500,000
(July-June)62322Maintenance
and Equipment
Maintenance and
2022-2307517100-Fleet
Repair, Machinery $500,000
(July-June)62322Maintenance
and Equipment
Auto Body Repair Services
March 2, 2021
Page 3
Accounting
Fund Accounting Unit,
Fiscal Year Unit – Amount
DescriptionAccount Description
Account #
Maintenance and
2023-2407517100-Fleet
Repair, Machinery $500,000
(July-June)62322Maintenance
and Equipment
Maintenance and
2024-2507517100-Fleet
Repair, Machinery $500,000
(July-June)62322Maintenance
and Equipment
FY 2025-26Maintenance and
07517100-Fleet
(July-Repair, Machinery $333,333
62322Maintenance
February)and Equipment
Total:$2,500,00
EXHIBIT(S)
1. Abstract of Bids
Submitted By:Nabil Saba, Executive Director Public Works
Approved By: Kristine Ridge, City Manager
ABSTRACT OF BIDSEXHIBIT 1
VEHICLE BODY REPAIR SERVICES (20-157)
Bidder 1 Bidder 2
Item
Description
Cosmetic Auto
No.
Care Inc. Inc.
SHOP LABOR RATES (hourly)
1. Body and Collision Repairs
$ 50.00 $ 46.00
2. Paint and Refinishing
$ 50.00 $ 46.00
3. Frame and Structural Repair
$ 60.00 $ 74.00
4. Technical and Electrical
$ 85.00 $ 74.00
SHOP LABOR RATES (per vehicle)
5. Sedan Window Tinting
$ 180.00 $ 240.00
6. Truck Window Tinting
$ 200.00 $ 240.00
7. SUV Window Tinting
$ 220.00 $ 300.00
PARTS AND MATERIALS
8. OEM Parts (discount from Jobbers List)
% 10 % 00
8a. OEM Parts Markup over cost
% No Entry % 00
9. OEM Recycled Parts Markup over cost
% 20 % 20
10. Aftermarket Parts Markup over cost
% 20 % 00
MISC FEES
11. Hazardous Waste Material Disposal
$ 3.00/vehicle $ 3.00/vehicle
WARRANTY
12. Shop Labor (months)
12 Life
13. Parts (months)
12 12
Distance from City Corp Yard
2.1 3.2
Recommended Award:
Multi-vendor award to two vendors:
1. Cosmetic Auto Care Inc.
2.
Public Works Agency
https://www.santa-ana.org/pw
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Water System Control Services
AGENDA TITLE:
Approve an Amendment to the Agreement with Enterprise Automation to Increase the
Agreement Amount by $500,000, for a Total Amount not to Exceed $1,500,000, for Water
System Control Design, Documentation, and Testing Services for the Remaining Term of
the Agreement (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Enterprise
Automation for water system control design, documentation, and testing services, to
increase the agreement amount by $500,000, for a total agreement amount not to exceed
$1,500,000 for the remaining term of the agreement expiring February 5, 2023, and
remove the annual spending limit, subject to non-substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
The Public Works Agency’s Water Resources Division oversees and maintains the daily
operations of highly automated and complex water systems consisting of pump stations,
wells, reservoirs, and flow control valves. These operations require a robust network of
industrial controls, computer programming, and specific parameters to properly manage
the water system. Documenting and maintaining the water control system helps to avoid
confusion and delays when performing routine system operations, responding to system
failures, or implementing system upgrades. Staff has utilized the services of Enterprise
Automation on an as-needed basis to successfully prepare detailed, site-specific control
system and programming documents and standards for several of the City’s water
production facilities.
On February 6, 2018, the City Council approved an agreement with Enterprise
Automation to provide systems control services. The original agreement was awarded in
an amount not to exceed $1,000,000 for a term set to expire on February 5, 2021. An
option to extend the term until February 5, 2023 was exercised on February 5, 2021. Staff
recommends amending the agreement to increase the funding amount by $500,000 for
the remainder of the term in order to provide water system control services at additional
City water system sites. Staff also requests the removal of the annual not-to-exceed
Amend Agreement with Enterprise Automation for Water System Control Services
March 2, 2021
Page 2
amount of $200,000 to allow for greater flexibility in the scheduling and performance of
tasks.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding for the amendment to the agreement in the amount of $500,000 is budgeted and
available in the Fiscal Year 2020-21 Water Utility, Water Production and Supply Account
(No. 06017640-62300), and will be budgeted in future years as indicated in the estimated
spending plan below:
Fiscal Accounting Unit – Fund Accounting Unit, Account
Amount
YearAccount No.DescriptionDescription
Water Utility Water
Production and Supply,
2020-2106017640-62300Water Fund$100,000
Contract Services-
Professional
Water Utility Water
Production and Supply,
2021-2206017640-62300Water Fund$200,000
Contract Services-
Professional
Water Utility Water
Production and Supply,
2022-2306017640-62300Water Fund$200,000
Contract Services-
Professional
Total Amount:$500,000
EXHIBIT(S)
1. Agreement Amendment with Enterprise Automation
Submitted By:Nabil Saba, Executive Director Public Works
Approved By: Kristine Ridge, City Manager
FIRST AMENDMENT TO AGREEMENT WITH ENTERPRISE AUTOMATION
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on March 2, 2021,
by and between Enterprise Automation , and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
California (City).
RECITALS
A. The parties entered into Agreement No. A-2018-024, dated February 6, 2018, by which
Consultant agreed to provide functional specifications and SCADA source and change
control services for the Citys water production and control facilities (
B. The Agreement remains in effect through February 5, 2023.
C. The parties now wish to expand the scope of services and increase the amount to be expended
under the Agreement in consideration of the expanded scope.
The Parties therefore agree:
1. Section 1, Scope of Services, is amended to include services for the following water
production and control facilities:
Pressure Regulating Vault 1
Pressure Regulating Vault 2
Pressure Regulating Vault 3
SA-1
Well 19
Well 38/Cambridge Station
2. Section 2.a., Compensation, is amended to increase the total sum to be expended for the
remaining term of the Agreement by $500,000 and to remove the following sentence: The
annual amount to be expended shall not exceed $200,000.
3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
Page 1 of 2
APPROVED AS TO FORM CONSULTANT
Sonia R. Carvalho
City Attorney
By:___________________________ _______________________________
John M. Funk By:
Joshua Riley
Senior Assistant City Attorney Title:
Principal
RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
Page 2 of 2
Public Works Agency
https://www.santa-ana.org/pw
Item # 22
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Solutions for Congested Corridors Program
AGENDA TITLE:
Approve an Agreement with the State of California - California Transportation
Commission for the Solutions for Congested Corridors Program to Secure Grant Funding
in an Amount not to Exceed $19,917,000 with a Funding match in the Amount of $426,000
for the Santa Clara Bicycle and Pedestrian Improvement Project (Non-General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with the State of California -
California Transportation Commission (SCCP-P-1920-08B) to secure grant funds from
the Solutions for Congested Corridors Program in an amount not to exceed $19,917,000
with a funding match in the amount of $426,000, for the Santa Clara Bicycle and
Pedestrian Improvement project, subject to non-substantive changes approved by the
City Manager and City Attorney.
DISCUSSION
In May 2018, the California Transportation Commission (CTC) adopted the Solutions for
Congested Corridors Program (SCCP) that includes $19,917,000 for five projects from
the Orange County Transportation Authority’s (OCTA) Orange County Central County
Improvement Project. One of the five projects which was to receive funding was the
Warner Avenue Class II Bikeway project in Santa Ana. The City Council approved a
baseline agreement with the CTC for the Bikeway project, which allocated funding but, as
a result of recent roadway improvements made by the City of Tustin in the project area,
the City of Santa Ana is not able to move forward with delivery of the project.
OCTA requested the CTC reprogram the funding award and approve a new project. The
CTC approved the Santa Clara Bicycle and Pedestrian Improvement project in 2020 and
allocated $3,243,000 of the $19,917,000 SCCP program amount to the City for project
delivery. The grant award along with $426,000 in local-match funds will be used to
construct a new sidewalk, install a new traffic signal for pedestrian crossings at Wright
Street, and install a bikeway facility along Santa Clara Avenue from Lincoln Street to the
east City limit.
Agreement Solutions for Congested Corridors Program
March 2, 2021
Page 2
A new baseline agreement for the total program amount of $19,917,000 is required as
part of the project delivery, and requires approval by the CTC, Caltrans, OCTA, and Santa
Ana (Exhibit 1). This agreement will supersede agreement A-2019-225, which included
the Warner Avenue Class II Bikeway project.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action. Individual environmental
review will be conducted for Santa Clara Class II Bicycle and Pedestrian Improvement
Project at the time of implementation. These types of projects typically qualify for
Categorical Exemptions, which can be done by staff.
FISCAL IMPACT
There is no fiscal impact associated with this action. A local match for the amount of
$426,000 will be required next fiscal year. The City will add the project and the matching
funds in the FY 2021-22 Capital Improvement Program.
EXHIBIT(S)
1.Baseline Agreement with State of California – California
Transportation Commission
2.Project Plans
Submitted By:Nabil Saba, Executive Director, Public Works
Approved By:Kristine Ridge, City Manager
Public Works Agency
https://www.santa-ana.org/pw
Item # 23
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Real Estate Title and Escrow Services
AGENDA TITLE:
Approve Agreements with Commonwealth Land Title Company, Fidelity National Title,
and Chicago Title Company for On-Call Real Estate Title and Escrow Services in an
Aggregate Amount Not to Exceed $300,000 for up to a Five-Year Term
RECOMMENDED ACTION
Authorize the City Manager to execute agreements with Commonwealth Land Title
Company, Fidelity National Title Company, and Chicago Title Company for on-call real
estate title and escrow services for a three-year term beginning March 2, 2021 and
expiring March 1, 2024, with two, one-year extensions exercisable by the City Manager
and City Attorney, for a total shared aggregate amount not to exceed $300,000 for the
term of the agreement, subject to non-substantive changes approved by the City Manager
and City Attorney.
DISCUSSION
The City routinely has roadway enhancements and other public improvement projects,
which require real estate, and title and escrow services, for property acquisitions and title
searches. Approval of this item will allow the City to retain Commonwealth Land Title
Company, Fidelity National Title, and Chicago Title Company to provide real estate title,
escrow, and related services for various Capital Improvement Projects and for other
facilities that will be utilized by the public under the direction of City staff. In addition to
real estate title, escrow, and related services, the firms will provide preliminary title
reports, litigation guarantees, title insurance coverage assistance, and purchase
agreement review.
On September 28, 2020, the Public Works Agency released Request for Proposals No.
20-123 on the City’s online procurement portal, PlanetBids, soliciting proposals from
qualified firms for on-call real estate title and escrow services. Three proposals were
received on October 12, 2020. All proposals were deemed responsive and were
subsequently evaluated and ranked by a review committee composed of personnel from
the Public Works Agency CIP Engineering staff. Ranking criteria included relevant project
experience, firm experience, understanding of need, schedule of delivery, and references.
In accordance with the Qualifications Based Selection process, the fee schedules were
Real Estate Title and Escrow Services
March 2, 2021
Page 2
opened after the proposal evaluations were completed. The ranking of the firms is as
follows:
FirmCityRank
Commonwealth Land Title CompanyNewport Beach1
Fidelity National TitleNewport Beach2
Chicago Title CompanyIrvine3
The proposals by Commonwealth Land Title Company, Fidelity National Title, and
Chicago Title Company demonstrate the firms have the necessary labor capacity to
complete the requested services to meet expedited grant-driven deadlines. The firms’
rates are reasonable and within industry standard, the team qualifications are appropriate
for this project, and the proposals were found to provide the best value for the City. Staff
recommends awarding agreements to Commonwealth Land Title Company, Fidelity
National Title, and Chicago Title Company (Exhibits 1 through 3) to provide on-call real
estate title and escrow services based upon the scope of work and selection criteria
outlined in RFP 20-123 (Exhibit 4).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact at this time. Prior to utilizing any of these on-call services, Public
Works Agency staff must receive Finance and Management Services Agency approval
of funding and accounts to be used to ensure funds are available under the authorization
and shared aggregate limit of $300,000. Upon successful completion of the fiscal review,
a corresponding Notice to Proceed containing the specific scope and maximum
expenditure for the task order will be issued.
EXHIBIT(S)
1.Commonwealth Land Title Company Agreement
2.Fidelity National Title Agreement
3.Chicago Title Company Agreement
4.RFP 20-112
Submitted By: Nabil Saba, Executive Director, Public Works
Approved By: Kristine Ridge, City Manager
AGREEMENT TO PROVIDE ON-CALL REAL ESTATE
TITLE AND ESCROW SERVICES
THIS AGREEMENT is made and entered into this 2nd day of March, 2021 by and between
Fidelity National Title Company (ConsultantCity of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
RECITALS
A. On September 28, 2020, the City issued Request for Proposal No. 20-123, by which
it sought qualified consultants to provide on-call real estate title and escrow
services
B. Consultant submitted a responsive proposal that was among those selected by the
City. Consultant represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 20-123.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-
described in the scope of work that was included in RFP No. 20-123, which is attached as Exhibit
and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit C.
Consultant is one of three (3) consultants selected to provide services on an on-call
basis under RFP No. 20-123. The total compensation for these services provided
by all such consultants selected under RFP No. 20-123 shall not exceed the shared
aggregate amount of $300,000 during the term of the Agreement, including any
extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Page 1 of 8
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on March 1,
2024, unless terminated earlier in accordance with Section 17, below. The term of this Agreement
may be extended for two 1-year periods upon a writing executed by the City Manager and City
Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
e
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONSULTANT
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant . Consultant
shall require all subconsultants to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Page 2 of 8
Documents & Data. Consultant makes no such representation and warranty in regard to Documents
& Data which were provided to Consultant by the City. City shall not be limited in any way in its
use of the Documents and Data at any time, provided that any such use not within the purposes
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subconsultants, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Consultant
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-owned automobiles.
c.
Consultant, if Consultant has any employees, is required to be insured against
-insurance. Prior to
commencing the performance of the work under this Agreement, Consultant agrees
not less than
$1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
Page 3 of 8
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
Consultant, without thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its subconsultants, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, includin
product or documents provided by Consultant to the City pursuant to this Agreement.
Page 4 of 8
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbursements charged to
the City for a minimum period of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records and invoices shall
be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and
make transcripts or copies of such records and any other documents created pursuant to this
Agreement during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years
from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
Page 5 of 8
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Justin VanderVeen
Senior Vice President
Fidelity National Title
4400 MacArthur Blvd., Suite 200
Newport Beach, CA 92660
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
sidered null and void. Nothing in this Agreement shall
be construed to limit the`
Page 6 of 8
Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
Page 7 of 8
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultantshall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall be cause for termination of this Agreement.
21.MISCELLANEOUS PROVISIONS
a.Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
or power is not, in fact, held by the signatory or is withdrawn.
b.All exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:CITY OF SANTA ANA
_________________________________________________
DAISY GOMEZKRISTINE RIDGE
Clerk of the CouncilCity Manager
APPROVED AS TO FORMCONSULTANT
SONIA R. CARVALHO
City Attorney
By: _________________________________________________
JOHN M. FUNKName:Justin VanderVeen
Sr. AssistantCity AttorneyTitle:
Vice President
RECOMMENDED FOR APPROVAL
____________________________
NABIL SABA, PE
Executive Director
Public Works Agency
Page 8of 8
EXHIBIT A
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO.: 20-123
Introduction and Background:
Description of Work:
City of Santa Ana RFP20-123
Page A1-1
City of Santa Ana RFP20-123
Page A1-2
City of Santa Ana RFP20-123
Page A1-3
EXHIBIT B
FYIJCJU!C
FYIJCJU!D
AGREEMENT TO PROVIDE ON-CALL REAL ESTATE
TITLE AND ESCROW SERVICES
THIS AGREEMENT is made and entered into this 2nd day of March, 2021 by and between
Chicago Title Company (ConsultantCity of Santa Ana, a charter city and municipal
corporation organized and exssisting under the Constitution and laws of the State of California
RECITALS
A. On September 28, 2020, the City issued Request for Proposal No. 20-123, by which
it sought qualified consultants to provide on-call real estate title and escrow
services
B. Consultant submitted a responsive proposal that was among those selected by the
City. Consultant represents that it is able and willing to provide the services
described in the scope of work that was included in RFP No. 20-123.
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably
be expected from a professional contracting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
On an on-
described in the scope of work that was included in RFP No. 20-123, which is attached as Exhibit
and incorporated in full.
2. COMPENSATION
a. City neither warrants nor guarantees any minimum or maximum compensation to
Consultant under this Agreement. Consultant shall be paid only for actual services
performed under this Agreement at the rates and charges identified in Exhibit C.
Consultant is one of three (3) consultants selected to provide services on an on-call
basis under RFP No. 20-123. The total compensation for these services provided
by all such consultants selected under RFP No. 20-123 shall not exceed the shared
aggregate amount of $300,000 during the term of the Agreement, including any
extension periods.
b. Payment by City shall be made within forty-five (45) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Page 1 of 8
Payment need not be made for work which fails to meet the standards of
performance set forth in the Recitals and Scope of Work, which may reasonably be
expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on March 1,
2024, unless terminated earlier in accordance with Section 17, below. The term of this Agreement
may be extended for two 1-year periods upon a writing executed by the City Manager and City
Attorney.
4. PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
e
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONSULTANT
Consultant shall, during the entire term of this Agreement, be construed to be an
independent Consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant . Consultant
shall require all subconsultants to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Page 2 of 8
Documents & Data. Consultant makes no such representation and warranty in regard to Documents
& Data which were provided to Consultant by the City. City shall not be limited in any way in its
use of the Documents and Data at any time, provided that any such use not within the purposes
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subconsultants, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not
be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any
act or occurrence arising out of Consultant
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
volunteers and representatives as additional insured(s); (b) be primary with
respect to insurance or self-insurance programs maintained by the City; and (c)
contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-owned automobiles.
c.
Consultant, if Consultant has any employees, is required to be insured against
-insurance. Prior to
commencing the performance of the work under this Agreement, Consultant agrees
not less than
$1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved by the City.
Page 3 of 8
(iii) Certificates and policies shall state that the policies shall not be cancelled
or reduced in coverage or changed in any other material aspect, by
Consultant, without thirty (30) days prior written notice to the City.
(iv) Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant or its subconsultants, agents, employees, or other persons
acting on their behalf which relates to the services described in section 1 of this Agreement; and
(2) from any claim that personal injury, damages, just compensation, restitution, judicial or
equitable relief is due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just compensation,
restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the
events referred to in this Section or by reason of the terms of, or effects, arising from this
Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the
defense of the City, including fees and costs for special counsel to be selected by the City,
regarding any action by a third party challenging the validity of this Agreement, or asserting that
personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal
or property rights arises by reason of the terms of, or effects arising from this Agreement. City
may make all reasonable decisions with respect to its representation in any legal proceeding.
Notwithstanding the foregoing, to the extent Consultant
Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section
2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend, indemnify and hold harmless the City, its officers, agents,
representatives, and employees against any and all liability, includin
product or documents provided by Consultant to the City pursuant to this Agreement.
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10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbursements charged to
the City for a minimum period of three (3) years, or for any longer period required by law, from
the date of final payment to Consultant under this Agreement. All such records and invoices shall
be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and
make transcripts or copies of such records and any other documents created pursuant to this
Agreement during regular business hours. Consultant shall allow inspection of all work, data,
documents, proceedings, and activities related to this Agreement for a period of three (3) years
from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means. Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interest and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
13. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
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P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: (714) 647-6956
Executive Director
Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, CA 92702
To Consultant: Cheryl Yanez
Sr. Vice President
Chicago Title Company
725 S. Figueroa St, Ste. 200
Los Angeles, CA 90017
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
timeframes, weekends, federal, state, County or City holidays shall be excluded.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral
or written, between the parties. In the event of a conflict between the terms of this Agreement and
any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be
modified except by written instrument signed by the City and by an authorized representative of
Consultant. The parties agree that any terms or conditions of any purchase order or other
instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not
bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been made by any
party, or anyone acting on behalf of any party, which are not embodied herein.
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
this Agreement shall
be construed to limit the`
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Agreement performed by City personnel or by other Consultants retained by City.
16. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
18. NON-DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, relation, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities or in connection with any activities under this Agreement.
Consultant affirms that it is an equal opportunity employer and shall comply with all applicable
federal, state and local laws and regulations.
19. JURISDICTION-VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
20. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
Page 7 of 8
EXHIBIT A
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO.: 20-123
Introduction and Background:
Description of Work:
City of Santa Ana RFP20-123
Page A1-1
City of Santa Ana RFP20-123
Page A1-2
City of Santa Ana RFP20-123
Page A1-3
FYIJCJU!C
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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Real Estate
Title and Escrow Services on an as needed basis.
Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids
system no later than September 16, 2020 at 4:00 p.m. Proposals received after this date/time will
not be considered. It is the responsibility of the proposer to ensure that any proposals submitted
have sufficient time to be received by the City of Santa Ana prior to this proposal due date and
time.
Additionally, it is a requirement that hard copy proposals also be sent by courier service, mailed,
or hand delivered in an enclosed sealed envelope and marked clearly with the following
ON-CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO. 20-112
IN THE CITY OF SANTA ANA
DO NOT OPEN WITH REG
City of Santa Ana
Attn.: Hayley Gilbert
Public Works Agency; M-36
20 Civic Center Plaza; Ross Annex
Santa Ana, CA 92701
For further instructions regarding hard copy submission proposals, refer to PlanetBids.
All notifications, requests for information, updates and addenda will be posted online on
PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137/ Proposers shall
be responsible for monitoring the site to obtain information regarding this solicitation. Failure to
respond to required updates may result in a determination of a nonresponsive qualification.
LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit
a Letter of Intent of their pending proposal to the noted Project Manager by the required date, as
shown on the cover page of this RFP. Letters shall be sent via certified mail or email. Failure to
submit a Letter of Intent will not lead to disqualification of the firm.
City of Santa Ana RFP 20-112
Page ii
TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 1
II. INSTRUCTIONS TO PROPOSERS 2
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS 4
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES AND SCHEDULE
3. FEE PROPOSAL
4. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 5
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 5
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 6
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 6
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
City of Santa Ana RFP 20-112
Page iii
I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:
The City routinely has various roadway enhancement and other public improvement projects,
which require real estate title and escrow services for property acquisitions and title search.
The City of Santa Ana is seeking a qualified title company to provide real estate title and
as n
Attachment 1 of the Appendix. The total cost for the contract shall not exceed $300,000. The
Scope of Work shall become a part of the Professional Services Agreement.
Number of Proposals and Signature:
Five (5) hard copies are required to accompany an electronic submittal of the complete
proposal package on PlanetBids.
shall be signed by a company official with the power to bind the company and submitted to
the City of Santa Ana. Qmfbtf!cf!fyqmjdju!jo!jefoujgzjoh!uif!bqqspqsjbuf!qfstpo!xjui!mfhbm!
bvuipsjuz!up!cjoe!uif!dpnqboz/!!
The Statement of Qualifications section shall be limited to a maximum of (10) double-sided
pages (excluding front and back covers, section dividers and attachments such as resumes,
forms). Font size shall be minimum 11-
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted will take the following items into
consideration:
Firm/Team Experience 20%
Understanding of Need 20%
Relevant Experience with Public Agencies 20%
Schedule of Delivery 20%
Fee Schedule 20%
The City has established a proposal review committee to evaluate proposers based on the
response to the RFP, which includes adherence to outlined directions and format, and the City
evaluation criteria set forth above. A final score will be calculated for each submitted proposal
and used to rank the proposers.
City of Santa Ana RFP 20-112
Page 1
II.INSTRUCTIONS TOPROPOSERS
https://www.planetbids.com/portal/portal.cfm?CompanyID=20137
III. SUBMITTAL REQUIREMENTS
IV. PROPOSAL REVIEW (CONSULTANTSELECTION)
V.CONTRACT AWARD
VI. IMPLEMENTATION
VII. PUBLIC RECORDS
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
ON-CALL REAL ESTATE TITLE AND ESCROW SERVICES
RFP NO.: 20-112
Introduction and Background:
The Proposer shall provide real estate title, escrow and related services for various Capital
Improvement Projects and other facilities that will be used for public use under the direction of
City staff. The Proposer will be expected to provide experienced and knowledgeable professional
staff. The Proposer and its staff or representatives shall be responsive and maintain excellent
working relationships with City staff and City Right-of-Way Consultants. The Proposer shall be
committed to provide adequate staffing levels at all times in order to adhere to established
schedules.
Description of Work:
The proposal should include the following tasks and fees and any additional tasks and fees deemed
necessary by the Consultant shall be clearly identified in the proposal. Additionally, the City
reserves the right to provide Notice To Proceed (NTP) for any, all or none of the following optional
tasks:
On an as-needed basis, Proposer is responsible for providing real estate title and escrow services
on a timely manner, including but not limited to:
Preliminary Title Reports
1. Update to an existing title report (either ordered by the City or others)
2. Issue new reports and provide copies of all underlying exception and exclusion
documents.
Litigation guarantees Issue condemnation litigation or continuation guarantees.
Provide other related information and documents of record concerning title to property
such as copies of vesting deeds, parcel maps/tract, maps, FEMA flood zone designations.
Issue chain of title reports on an exception basis.
Assist with the development of legal descriptions for: (a) public and private properties;
and/or (b) unrecorded easements, right-of-way or other apparent encumbrances or rights
granted by other agencies.
Assist the City, its consultants and agents in resolving issues affecting marketable title to
properties through, among other things, recordation of corrective instruments and/or other
appropriate means.
City of Santa Ana RFP 20-112
Page A1-1
Escrow services:
Issue either CLTA or ALTA extended-coverage owner
CLTA 100 Comprehensive
CLTA 103.1A Encroachment Coverage
CLTA 103.4 Access through an easement
CLTA 103.7 Access
CLTA 110.1 Deletion of item from policy
CLTA 116 Location
CLTA 116.1 Survey
CLTA 116.4 Contiguity
CLTA 116.7 subdivision
CLTA 123.3 Zoning
Assist the City in determining the appropriate amount of title insurance coverage for each
property or portfolio (or portion thereof) whether acquired by purchase or without financial
consideration and taking into account valuation as determined by appraisal, or by opinion
of value from a commercial real estate company.
Provide all necessary assistance to the City to clear all exceptions stated in the Preliminary
Title report unless waived by the City in writing.
Obtain partial release, partial re-conveyance and subordination agreements from the
property owners or any party having interest in the property.
Ensure that all conditions present and conditions subsequent provide for in the Purchase
Agreement are met and satisfied prior to closing escrow.
Prepare, subject to review and approval by the City, Escrow Instructions for execution by
the City and grantor(s). Proposer shall ensure all legal requirements are satisfied prior to
escrow closing.
Provide a comprehensive Escrow Services to the City and owners involved in the related
transactions.
Prepare all necessary conveyance documents; demand and release of lien/encumbrance
documents and submit the same for approval by the City prior to close of escrow.
Record grant deeds, certificates of acceptance. Memoranda of agreements and related
documents required with respect to the transfer of each property in the office of Orange
County Recorder.
Distribute to the parties originals or copies of executed and/or closing documents
Disburse to the party or parties entitled hereto amounts required to be disbursed in
connection with the closing of each property transfer transaction.
Prepare closing settlement statements reflecting pro-rations and funds disbursed through
escrow in each property transfer transaction.
Provide additional services related to title, escrow and related services specified above, at
hourly rates, the scope of which will be agreed to in writing between the City & Proposer.
Meet and coordinate work with other right-of-way consultants as directed by the City.
Prior to closing escrow, Proposer shall order and provide the City with an updated
Preliminary Title report to ensure that no new liens and/or encumbrances are recorded on
the property/property interests to be acquired by the City.
Provide multi lingual services as needed for efficient closing of escrow.
Company shall at no cost to the City provide status reports of the requested services on a
weekly, bi-
City of Santa Ana RFP 20-112
Page A1-2
Proposer shall at no cost to the City provide the City and its consultants with password
contain all copies of City ordered reports and other documents will be posted no later than
due date agreed upon and indicated on the work authorization. Website access must be
available to City throughout the term of the agreement and after expiration for a minimum
of 3 months from time all ordered documents and reports have been posted.
City of Santa Ana RFP 20-112
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••
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••••••••••••••••••••••
: CONSULTANT
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Appendix
ATTACHMENT 3-1: NON-COLLUSION AFFIDAVIT
CERTIFICATIONS
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non-collusion Affidavit. BIDDERS are cautioned that
making a false certification may subject the certifier to criminal prosecution.
Signed
State of California
County of __________
Subscribed and sworn to (or affirmed) before me on this _____ day of _______, 20__, by
_______________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared
before me.
____________________
Notary Public Signature Notary Public Seal
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Appendix
ATTACHMENT 3-2: NON-LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1.No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2.If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed
by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
Firm ______________________________________________________________________________________
Signed and Printed Name: ____________________________________________________________________
Title ______________________________________________________________________________________
Date ______________________________________________________________________________________
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Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. I-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
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by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub-consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title:
Firm:
Date:
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Public Works Agency
https://www.santa-ana.org/pw
Item # 24
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Final Parcel Map No. 2018-04 for 3100 and 3130 South Harbor Boulevard
AGENDA TITLE:
Receive and File certification of approval by City Engineer of Final Parcel Map No. 2018-
04 (3100 and 3130 South Harbor Boulevard) (Owner: Kearney Harbor, LLCC; Subdivider:
Kearney Real Estate Company)
RECOMMENDED ACTION
Receive and file certification of approval by City Engineer of Final Parcel Map 2018-04.
DISCUSSION
In California, regulation and control of the division of real property is vested in the
legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana,
the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal
Code (SAMC), which pursuant to Section 34-127, includes the approval of a tentative
parcel map by the Planning Commission. Following approval of a tentative map by the
approving body, the property subdivider prepares and submits a final map to the City
Engineer for approval. If the final map is in the correct form prescribed by the Subdivision
Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map
are met, the final map shall be approved by the City Engineer.
The Planning Commission approved a tentative map for 3100 and 3130 South Harbor
Boulevard on July 27, 2020. The City Engineer has received Final Parcel Map No. 2018-
190 (City Parcel Map No. 2018-04) for the referenced subdivision (Exhibit 1) from Sara
Bova, representing Kearney Real Estate Company. This parcel map subdivides an
existing office complex into two commercial (non-residential) condominium units, which
will allow the units to be sold to individual owners. The project site will continue to be
utilized for office uses, which are legal non-conforming within the site’s current M-1 zoning
designation.
The City Engineer is in the process of reviewing the map for technical accuracy and final
approval. This action informs the City Council of the imminent approval of the referenced
subdivision based upon the Subdivision Map Act and meeting all the conditions of
approval set by the City. Pursuant to Section 34-183 of the Santa Ana Municipal Code,
Final Parcel Map No. 2018-04 for 3100 and 3130 South Harbor Boulevard
March 2, 2021
Page 2
the City Engineer shall approve or disapprove this map within 10 days after the City
Council meeting of March 2, 2021.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Location Map
Submitted By:Nabil Saba, Executive Director, Public Works
Approved By:Kristine Ridge, City Manager
Public Works Agency
https://www.santa-ana.org/pw
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Final Parcel Map No. 2019-04 for 1412 N Broadway
AGENDA TITLE:
Receive and File Certification of Approval by City Engineer of Final Parcel Map No. 2019-
04 (1412 North Broadway) (Owner and Subdivider: Glenwood Management, LLC)
RECOMMENDED ACTION
Receive and file certification of approval by City Engineer of Final Parcel Map 2019-04
(1412 N Broadway).
DISCUSSION
In California, regulation and control of the division of real property is vested in the
legislative bodies of local agencies by the Subdivision Map Act. In the City of Santa Ana,
the regulations and processes are provided in Chapter 34 of the Santa Ana Municipal
Code (SAMC), which pursuant to Section 34-127, includes the approval of a tentative
parcel map by the Planning Commission. Following approval of a tentative map by the
approving body, the property subdivider prepares and submits a final map to the City
Engineer for approval. If the final map is in the correct form prescribed by the Subdivision
Map Act and Chapter 34 of the SAMC, and all conditions set forth in the tentative map
are met, the final map shall be approved by the City Engineer.
The Planning Commission approved a tentative map for 1412 North Broadway on
February 24, 2020. The City Engineer has received Final Parcel Map No. 2019-179 (City
Parcel Map No. 2019-04) for the referenced subdivision (Exhibit 1) from Saul Delgado
with Caboraca Investments, Inc., representing Glenwood Management, LLC. This final
parcel map merges two existing lots into one parcel for the purpose of creating three
condominium units, each containing a live/work studio. The property is located within the
Midtown Specific Plan (SP-3) Broadway Corridor District.
The City Engineer is in the process of reviewing the map for technical accuracy and final
approval. This action informs the City Council of the imminent approval of the referenced
subdivision based upon the Subdivision Map Act and meeting all the conditions of
approval set by the City. Pursuant to Section 34-183 of the Santa Ana Municipal Code,
the City Engineer shall approve or disapprove this map within 10 days after the City
Council meeting of March 2, 2021.
Receive and File Approval of Final Parcel Map 2019-04
March 2, 2021
Page 2
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Location Map
Submitted By:Nabil Saba, Executive Director, Public Works
Approved By:Kristine Ridge, City Manager
Information Technology
https://www.santa-ana.org/it
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Veeam Software Licenses
AGENDA TITLE:
Award Purchase Order in the amount of $47,426 to CDW Government LLC, for Veeam
data recovery software licenses (Specification No. 21-006) (Non-General Fund)
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to CDW Government LLC,
for Veeam software licenses in the amount of $47,426, subject to non-substantive
changes approved by the City Manager and City Attorney.
DISCUSSION
The Information Technology (IT) Department provides support to both City Hall and the
Santa Ana Police Department (SAPD) data centers, which together house the largest
concentration of computer systems used to support City operations. More than 300 server
class computers operating in these data centers host business systems that all City
agencies and departments utilize. To ensure the integrity of these systems, the computer
data must be protected from loss or damage due to a disaster, equipment failure, or
inadvertent deletion or change.
The current backup solution relies on proprietary hardware and a proprietary vendor-
cloud solution. Due to the growth of data storage at the City over the past three years,
the backup appliance’s storage capacity is nearly full. Rather than replace the appliance,
we are requesting to purchase the Veeam Backup & Replication solution which is a data
recovery software that allows any non-proprietary hardware to be used for onsite storage,
and also allows for cloud backup using Amazon’s Web Services (AWS) cloud storage.
This solution will allow the City to utilize our existing standard hardware to support the
increased data growth requirements.
The Veeam solution provides a simple, reliable, and flexible solution to protect the City’s
cloud, infrastructure, and data. It helps reduce operational overhead and allows for
flexibility in selecting an infrastructure and storage for the best return of investment on
existing and future infrastructure purchases. In addition, Veeam enables license
portability for workloads that are physical, virtual, or in the cloud with Veeam Universal
Veeam Software Licenses
March 2, 2021
Page 2
License. This license enables customers to license all workloads with one type of license.
This purchase also includes three years of maintenance support.
The Notice Inviting Bids was advertised on January 14, 2021, on the City’s online bid
management and publication system. A summary of the bid invitation and bids received
is as follows:
642 Vendors were notified
4 Santa Ana vendors were notified
8 Bids received
0 Bids received from Santa Ana vendors
The bids were opened on January 25, 2021, and evaluated (Exhibit 1). The bid submitted
from CDW Government LLC (CDW-G), is responsive to the specifications and meets the
City’s requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are available for expenditure in FY 2020-2021 in the Information Technology, Data
Center, Hardware Maintenance & Support Account (No.10920147-62306).
EXHIBIT(S)
1. Abstract of Bids
Submitted By:Jack Ciulla, Chief Technology Innovations Officer
Approved By: Kristine Ridge, City Manager
$0.00
PRICE
EXTENDED
$36,105.30$21,912.00$58,017.30
Tempe, AZ
Hypertec USA Inc
UNIT
$0.00
PRICE
$996.00
$1,641.15
$0.00
PRICE
EXTENDED
$35,312.20$21,448.24$56,760.44
Cerritos, CA
Data Impressions
UNIT
$0.00
PRICE
$974.92
$1,605.10
$0.00
PRICE
EXTENDED
$33,836.00$20,636.00$54,472.00
Inc
San Diego, CA
UNIT
$0.00
PRICE
Emgence Technologies
$938.00
$1,538.00
$0.00
PRICE
EXTENDED
$26,238.08$21,187.76$47,425.84
Vernon Hills, IL
UNIT
$0.00
PRICE
CDW Government LLC
$963.08
$1,192.64
1
2222
QTY
Total
EAEAEA
UOM
Description
Veeam Public Sector Availability Suite Enterprise 1yr 24x7 Support E-LTU Perpetual Licensing Mfg. Part#: R3S11AAEVeeam Availability Suite Enterprise Additional 2yr 24x7 Support Mfg.
Part#: R0E52AAE9.25% Sales Tax (If applicable)
ABSTRACT OF BIDS EXHIBIT 1VEEAM SOFTWARE LICENSES (21-006)
123
Item
Num
PRICE
$8,950.16
EXTENDED
$64,273.44$32,484.98
$105,708.58
Chula Vista, CA
UNIT
PRICE
Corporate Education
Government Computer
$2,921.52$1,476.59$8,950.16
$0.00
PRICE
EXTENDED
$58,989.26$31,854.24$90,843.50
Diltex Inc
West Covina, CA
UNIT
$0.00
PRICE
$2,681.33$1,447.92
PRICE
$5,254.48
EXTENDED
$35,374.46$21,473.98$62,102.92
vCloud Tech Inc.
UNIT
PRICE
$976.09
Rolling Hills Estates, CA
$1,607.93$5,254.48
$0.00
PRICE
EXTENDED
$36,638.14$21,609.06$58,247.20
Questivity Inc
Santa Clara, CA
UNIT
$0.00
PRICE
$982.23
$1,665.37
1
2222
QTY
Total
EAEAEA
UOM
Description
Veeam Public Sector Availability Suite Enterprise 1yr 24x7 Support E-LTU Perpetual Licensing Mfg. Part#: R3S11AAEVeeam Availability Suite Enterprise Additional 2yr 24x7 Support Mfg.
Part#: R0E52AAE9.25% Sales Tax (If applicable)
123
Item
Num
Community Development Agency
https://www.santa-ana.org/cd
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Extension of Pre-Loan Commitment for North Harbor Village and TEFRA
AGENDA TITLE:
Approve a Two-Year Extension of the Pre-Loan Commitment Letter for the Development
of North Harbor Village and Adopt a Resolution Approving the Issuance of Bonds (Non-
General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute a two-year extension of the pre-loan
commitment letter with Jamboree Housing for $1,687,047 in Community Development
Block Grant funds for the development of the North Harbor Village (formerly Budget Inn)
affordable housing project located at 1108 N Harbor Boulevard, subject to non-
substantive changes approved by the City Manager and City Attorney.
2. Adopt a resolution approving the issuance of revenue bonds by the California Municipal
Finance Authority in an amount not to exceed $30,000,000 for the acquisition,
construction, improvement, and equipping of a multi-family rental housing project located
at 1108 North Harbor Boulevard.
DISCUSSION
Two years ago, the City Council approved an award of $1.6 million in funding for the
development of the North Harbor Village affordable housing project by Jamboree Housing
(Jamboree). After two years of pre-development in which Jamboree worked with staff to
secure all of their remaining sources of financing in their capital stack as a condition of
the City’s award of funds, staff is now returning to the City Council to extend their award
of funds for two years because the project may not need the City’s funds now that
Congress has established a new fixed rate for 4% tax credits in the Consolidated
Appropriations Act of 2021. However, the project does need approval of a TEFRA
Resolution in order to close on their financing before March 30, 2021.
On March 5, 2019, the City Council approved a pre-loan commitment letter with Jamboree
for $1,687,047 in Community Development Block Grant (CDBG) funds for the
development of the North Harbor Village (formerly Budget Inn) affordable housing project
Extension of Pre-Loan Commitment for North Harbor Village and TEFRA Resolution
March 2, 2021
Page 2
located at 1108 N. Harbor Blvd, by a unanimous vote. The staff report from March 5,
2019 is attached as Exhibit 1 and the pre-loan commitment is attached as Exhibit 2, both
of which provide further information on the project.
After the City Council approves a pre-loan commitment of funding for an affordable
housing project, a developer is responsible to secure their entitlements and secure their
remaining financing as a condition of the award of funds. The majority of large multi-
family affordable housing projects require Low-Income Housing Tax Credits (LIHTC),
which are very competitive for the higher value 9% tax credits with only two application
deadlines a year and more difficult to finance with the lower value 4% tax credits. After
almost two years since the North Harbor Village project received a commitment of funding
from the City Council, Jamboree has now secured their remaining financing and are
prepared to close on their financing before March 30, 2021 and begin building the project.
To close on their financing, Jamboree secured an award of 4% tax credits for this
project. To the benefit of this project, as well as the City’s Legacy Square project, the
Consolidated Appropriations Act of 2021 included a new fixed rate for 4% tax
credits. Specifically, after years of advocacy by affordable housing developers, one of
the leading proposals from the Affordable Housing Credit Improvement Act and Moving
Forward Act to establish a 4% minimum LIHTC rate for acquisition LIHTCs and tax-
exempt private activity bond-financed developments was included in year-end tax
legislation attached to the Consolidated Appropriations Act of 2021. The provision is
effective for acquisition LIHTCs allocated after December 31, 2020 and for bond-financed
properties placed in service and receiving allocations from private activity bonds issued
after December 31, 2020.
Affordable housing developers have been advocating for this 4% fixed rate for the past
several years to help provide predictability to the marketplace and increase production by
making more developments financially feasible. According to the Affordable Housing Tax
Credit Coalition, the 4% housing credit rate has fallen to lows hovering between 3.07%
and 3.09% in recent months due to COVID-19 and ensuing cuts to federal borrowing
rates, putting housing developments’ financial feasibility at risk. With the new 4% floor,
Novogradac & Co. estimates that an estimated 130,000 affordable homes could be
created from 2021 to 2030.
The new 4% fixed tax rate allowed Jamboree to generate additional tax credit equity for
the development of the North Harbor Village project. This happened similarly with the
Legacy Square project being developed by National CORE. After the approval by
Congress of the new rate, National CORE was able to decline the City’s award of $3.1
million in Inclusionary Housing Funds after the City Council had approved their loan
documents on December 15, 2020. However, the Legacy Square project is a new
construction project and Jamboree’s North Harbor Village project is a motel rehabilitation
project. Therefore, Jamboree is requesting the City to extend their pre-loan commitment
of $1.6 million in CDBG funds in case Jamboree experiences any unexpected cost
Extension of Pre-Loan Commitment for North Harbor Village and TEFRA Resolution
March 2, 2021
Page 3
increases during the rehabilitation of the motel (Exhibit 3). The $1.6 million will generally
be used as a backstop to ensure the rehabilitation project is successful. The extension
will be for two years. If City Council does not approve the extension, staff will need to
return to City Council on March 16, 2021 with a recommendation to approve the CDBG
Loan Documents for the project in order to comply with the City’s original pre-loan
commitment letter for the project.
Project Description
The North Harbor Village project is a motel rehabilitation project that will provide 89 units
of permanent supportive housing for homeless individuals. This will be the City’s third
motel conversion project in the last five years for people experiencing homelessness
following the development of the Orchard and Casa Querencia. The Orchard project
converted the former Guest House motel into 72 units of permanent supportive housing
and the Casa Querencia project converted the former Aqua Motel. Both the Guest House
and Aqua Motel were high-crime, short-term use motels prior to their conversion into
permanent supportive housing with wrap-around supportive services.
Fifty-five of the units at North Harbor Village will be designated for chronically homeless
individuals and 34 units will be designated for homeless veterans. There will be a local
preference for individuals who live or work in Santa Ana. The unit mix and rent restrictions
are as follows:
Unit SizeNo. UnitsAMI
Studio8930%
TEFRA Resolution
North Harbor Housing Partners LP (the “Borrower”), a partnership of which Jamboree
Housing Corporation (the “Developer”), consisting of the Developer and one or more
limited partners, has requested that the California Municipal Finance Authority (“CMFA”)
adopt a plan of financing providing for the issuance of one or more series of revenue
bonds issued from time to time, including bonds issued to refund such revenue bonds in
one or more series from time to time, in an aggregate principal amount not to exceed
$30,000,000 (the “Bonds”) for the acquisition, construction, improvement and equipping
of the North Harbor Village project located at 1108 North Harbor Boulevard.
However, in order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City
of Santa Ana must conduct a public hearing (the “TEFRA Hearing”) providing for the
members of the community an opportunity to speak in favor of or against the use of tax-
exempt bonds for the refinancing of the project. Following the close of the TEFRA
Hearing, an “applicable elected representative” of the governmental unit hosting the
Project (in this case the City) must provide its approval of the issuance of the Bonds by
the Authority for the refinancing of the project. On February 12, 2020, staff held a staff-
level TEFRA Hearing, telephonically, as permitted by the Internal Revenue Service to
satisfy the public hearing requirement in light of the COVID-19 pandemic, at which time
Extension of Pre-Loan Commitment for North Harbor Village and TEFRA Resolution
March 2, 2021
Page 4
an opportunity was provided to interested parties to present arguments both for and
against the issuance of the revenue bonds. Staff held the staff-level TEFRA Hearing
because the Internal Revenue Service requires the use of a toll-free number and it is an
administrative burden for the Clerk of the Council to create a toll-free number specifically
for this TEFRA resolution. Therefore, as an alternative, a staff-level TEFRA Hearing was
held. No public comments were received during the staff-level TEFRA Hearing and staff
is recommending approval of the resolution for the issuance of the revenue bonds (Exhibit
4).
The bonds to be issued by the CMFA are the sole responsibility of the Borrower. The City
has no financial or legal liability for the project or repayment of the bonds and does not
constitute any type of indebtedness for the City.
FISCAL IMPACT
Upon future approval of the loan agreement, if needed, funds in the amount of $1,687,047
will be available in the Community Development Block Grant, Loans and Grants account
(No. 13518782-69152).
The City received a payment of $896.78 to hold a TEFRA Hearing for this project, which
was deposited into account No. 01102002-53902. The Board of Directors of the
California Foundation for Stronger Communities, a California non-profit public benefit
corporation (the “Foundation”), acts as the Board of Directors for the CMFA. Through its
conduit issuance activities, the CMFA shares a portion of the issuance fees it receives
with its member communities and donates a portion of these issuance fees to the
Foundation for the support of local charities. With respect to the City of Santa Ana, it is
expected that a portion of the issuance fee will be granted by the CMFA to the general
fund of the City. Such a grant may be used for any lawful purpose of the City.
EXHIBIT(S)
1. March 5, 2019 Staff Report
http://clerk/WebLink/1/doc/106298/Page1.aspx
2. Original Pre-Loan Commitment Letter
3. Two-Year Extension of Pre-Loan Commitment Letter
4. TEFRA Resolution
Submitted By:Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 2
EXHIBIT 3
MAYORCITY MANAGER
Vicente SarmientoKristine Ridge
MAYOR PRO TEMCITY ATTORNEY
David PenalozaSonia R. Carvalho
COUNCILMEMBERSCLERK OF THE COUNCIL
Phil BacerraDaisy Gomez
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT AGENCY
Santa Ana, California 92702
(714)647-5360
www.santa-ana.org
March 2, 2021
Laura Archuleta
President
Jamboree Housing Corporation
17701 Cowan Avenue, Suite 200
Irvine, California 92614
Re: North Harbor Village(previously referred to as
1108 N. Harbor Boulevard, Santa Ana, CA 92703
Pre-Commitment Letter for CDBG Loan and Project Based Vouchers
Dear Ms. Archuleta:
Jamboree Housing Corporation financial assistance in connection
with the proposed development of aneighty-nine (89)unit affordable housing complex to be
located at 1108 N. Harbor Boulevard, Santa Ana, CA 92703
previouslyreviewed the Developer's request for assistance,and at the City
Council / Housing Authority meeting on February 5, 2019, the City Council and Housing
Authority Board authorized and approved issuance of apre-commitment letter evidencing
the preliminary award of
-A loan in the maximum amount of $1,687,047 funded from the U.S. Department
of Housing and Urban Development (HUD)Community Development Block
Grant funds (CityLoan; and,
-Eighty-nine(89) U.S. Department of Housing and Urban Development-Veterans
Affairs Supportive Housing (HUD-VASH) Project-Based Vouchers (PBV) for
Permanent Supportive Housing for the Project.
SANTA ANA CITY COUNCIL
Vicente SarmientoDavid PenalozaThai Viet PhanJessie LopezPhil BacerraJohnathanRyan HernandezNelida Mendoza
MayorMayor Pro Tem, Ward 2Ward 1Ward 3Ward 4Ward 5Ward 6
vsarmiento@santa-ana.orgdpenaloza@santa-ana.orgtphan@santa-ana.orgjessielopez@santa-ana.orgpbacerra@santa-ana.orgjryanhernandez@santa-ana.orgnmendoza@santa-ana.org
EXHIBIT 3
At the City Council / Housing Authority meeting on March 2, 2021, the City Council and
Housing Authority Board authorized and approved issuance of an extension of thispre-
commitment letterto March 2, 2023. This letter shall evidence the City-commitment
of the CityAssistance to the Developer for the Project subject to the conditions described
below.
CityLoan:
The amount of the proposed CityLoan has been determined based upon the City
of the Developer's request for the receipt of the CityAssistance and the development
proforma and projected cash flows for the Project submitted by the Developer to the City
City Manager and Housing Authority Executive Director hasauthority to
approve revised development proformas and projected cash flows for the Project; provided,
however, that the CityAssistance is not increased or extended.
The CityLoanshall includethe following terms:
$1,687,047 maximum principal amount, or as much thereof as is disbursed for
acquisition costs to construct the Project,funded from the HUDCDBG fundsheld by
the City of Santa Ana.
3% simple interest per annum.
Repayment from 50% of Residual Receipts(pro-rata with payments due in
connection with other financing provided by other public agencies) (after payment of
operating expenses, debt service, any deferred developer fee, and partnership fees
to be described in the Agreement) with the remaining 50% to be disbursed to the
Developer.
Remaining principal and accrued interest due upon the 55th anniversary of the
issuance of Certificate of Occupancy and/or final building permits or earlier upon sale,
refinancing or default. On that date, the City agrees to review the performance of the
property and consider in good faith any reasonable request by Developerto modify
the terms or extend the term of the CityPromissory Notes. Additionally, the Citywill
receivea pro rata share of50% of the net proceeds received from any sale or
refinancing of the Project, after payment of outstanding debt and payment in full of
any deferred developer fee and establishment of any reserves and transaction costs.
Cost savings from the Project, if any, will be applied first to pay down the City Loan,
Regulations.
lien and regulatory agreement pursuant to the City Loan will be
subordinated pursuant to an approved subordination agreement, in conformance
Affordable Housing Funds Policies and Procedures.
In the event title to the Property is transferred as a result of a foreclosure, or in the
event the HAP contract is terminated, reduced or not renewed for a reason other than
EXHIBIT 3
the default of the Borrower,a deed in lieu of foreclosure or other realization upon the
Property under Senior Loan Documents, notwithstanding anything to the contrary
contained in the , the units subject to restriction under the
ulatory agreement shall be restricted for rental to and occupancy by
households whose income does not exceed 60% of the area median income for the
Orange County, California PMSA, adjusted for household size, as published by the
U.S. Department of Housing and Urban Development, and rent in such units shall be
restricted to the product of 30% of 60% of the area median income adjusted for family
size appropriate for the unit.
Project-Based Vouchers:
The Project consists of eighty-nine(89) permanent supportive housing units to be made
available at affordable rents for a term of fifty-five (55) years.
The project-based vouchers (PBVs)shall includethe following terms:
Voucher Source: The eighty-nine(89) PBVs will be funded exclusively out of the
tenant-based voucher program annual budget authority received by the Housing
Authorityfrom the U.S. Department of Housing and Urban Development (HUD).
Fifty-five (55) PBVs mustbe used to serve chronically homeless individuals with
strong ties to the City of Santa Ana. Four (4) of these fifty-five (55) project-based
vouchers must be designated for non-HUD-VASH homeless veterans as required
by theVeterans Housing and Homelessness Prevention Program funds from the
State of California Department of Housing and Community Development. The
remaining thirty-four (34) PBVs are HUD-VASH PBVs that shall be referred from
the Veterans Affairs Medical Center of Long Beach through the Orange County
Coordinated Entry System, and are residing or working in the City of Santa Ana as
In addition, the Authoritywill also have a local preference for chronically homeless
veterans with strong ties to the City of Santa Ana for fifty-one (51) of these fifty-five
(55) project-based vouchers, but it will not be a requirement as through HUD-
VASH. Specifically, the chronically homeless veterans served at the Project must
be a City of Santa Ana resident established by fulfilling one or more of the following
requirements:
o Proof of strong ties to the community, to include current residency of an
immediate family member mother, father, sibling, or grandparent in the
City of Santa Ana;
o Proof that the individual attended a K-12 school in Santa Ana;
o Proof that the individual resided on property zoned for residential use in
Santa Ana and the individual was on the lease and/or paid utilities
necessary for legal use of the property for residential purposes; or
o Knowledge either first-hand or recorded by the Santa Ana Police
Department that the individual has been a member of the Santa Ana
homeless community.
EXHIBIT 3
If there are no chronically homeless veterans with strong ties to the City of Santa
Ana, then these fifty-one (51)project-based vouchersmust be used to serve
chronically homeless individualswith strong ties to the City of Santa Anaafter the
local veteran preference isexhausted.
Rents: The PBVHAPContract rents below are
preliminary and contingent upon a reasonable rent determination to be conducted
at the time of execution of the HAP Contract:
o 0Bedroom -$1,527
In accordance with HUD regulations and the Housing AuthorityHousing Choice
Voucher Program AdministrativePlan, these rents are subject to review prior to
the execution of a HAP Contract.
Rents and income requirements for the remaining affordable units shall be based
on the requirements of the federal Low Income Housing Tax Credit Program as
administered by TCAC.
Annual Amount: The Project will receive PBVs for eighty-nine(89) units:
Income Total Annual
Unit SizeNo. UnitsProposed Rent
TargetRevenue
0-Br30% AMI89$1,527$1,630,836
The estimated maximum annual amount received under this award is $1,630,836.
These estimates assume 100% occupancy of the assisted units over the twelve-
month period.
Term: The HAP Contract will have a term of twenty (20) years. Any time before
the expiration of the HAP Contract, the Developer may request an additional
twenty (20) years, subject to a determination by the Housing Authoritythat it is
appropriate to continue providing affordable housing for homeless veteransor to
expand housing opportunities and HUD funding. Subsequent extensions are
subject to the same requirements.
Units Receiving PBV Assistance: The maximum number of units receiving PBV
assistance will be eighty-nine(89).
General Provisions:
TheCity's obligation to provide the CityAssistanceto the Project issubject to each of the
following conditions:
Developer must provide proof that it has secured all of its remaining financing for
the development of the Project before staff will return tothe City Council for
consideration of the Loan Agreement.
EXHIBIT 3
Affordable Housing Funds Policies and Procedures, unless alternative
requirements are expressly provided in the executed Loan Agreement or any other
documents related to the development of the Project.
Approval of allrequired entitlements and discretionary actions, to allow the
construction of a 89-unit affordable housing complex to be located at 1108 N. Harbor
Boulevard, Santa Ana, CA 92703.
The City's obligation to provide the Loan is and shall remain subject to all covenants,
conditions, and restrictions set forth in the Loan Agreement, and in particular City's
analysis of the available funding sources and development and operating costs of
the Project and the overall economic feasibility of the Project.
Review and approval of the documents evidencing the City Loanby the City Council,
as applicable.
Execution of HAP Contracts and all necessary documents for
Compliance with applicable federal regulations set forth in 24 Code of Federal
Regulations (CFR) Part 570 and 24 CFR Part 983.
Developer, at its sole cost and expense, will be responsible for securing any and all
permits and discretionary approvals that may be required for the Project by the City,
Housing Authority, or any other federal, state, or local governmental entity having or
claiming jurisdiction over the Property or Project. Notably, this pre-commitment letter
shall not obligate the City or any department thereof to approve any application or request
for or take any other action in connection with any planning approval, permit or other
action necessary for the construction, rehabilitation, installation or operation of the
Project.
This pre-commitment letter for the Project will expire on March 2, 2023.
If you have any questions or require any additional information regarding this award letter,
please contact Judson Brown, Housing Division Manager,by telephone at (714) 667-
2241 or by e-mail at jbrown@santa-ana.org.
Sincerely,
__________________________________________________________
Kristine RidgeSteven A. Mendoza
City Manager ExecutiveDirector
City of Santa AnaHousing Authority of the City of Santa Ana
EXHIBIT 3
Attest:
__________________________________________________________
Daisy GomezDaisy Gomez
Clerk of the CouncilRecording Secretary
City of Santa AnaHousing Authority of the City of Santa Ana
EXHIBIT 4
RESOLUTION NO. 2021-____
A RESOLUTION OF THE CITY COUNCILOF THE CITY OF SANTA ANA
APPROVING THE ISSUANCE BY THE CALIFORNIAMUNICIPAL FINANCE
AUTHORITY OF MULTIFAMILY HOUSING REVENUEBONDS FOR THE NORTH
HARBOR VILLAGEAPARTMENTS
WHEREAS, North
adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified
residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the
ng bonds issued to refund such
exempt facility bonds in one or more series from time to time, and at no time to exceed
construction, improvement and equippingof a multifamily rental housing project located at 1108
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the
Authority must be approved byan
on whose behalf such bonds are expected to be issued and by a governmental unit having
jurisdiction over the entire area in which any facility financed by such bonds is to be located, after
a public hearing held following reasonable public notice, which for this Project will be the City of
because the Project is located within the territorial limits of the City; and
WHEREAS, the City Council of the City(City Council
of the Bonds under Section 147(f) of the Code; and
WHEREAS, the Authority has requested that the City Councilapprove the issuance of the
Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the
Code and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to
the California Municipal Fina
certain local agencies, including the City; and
WHEREAS, pursuantto Section 147(f) of the Code, following notice duly given, on
February 12, 2021, the City conducted a public hearing, telephonically, as permitted by the Internal
revenue Service to satisfy the public hearing requirement in light of the COVID-19 pandemic, at
which time an opportunity was provided to interested parties to present arguments both for and
against the issuance of the Bonds, and the City Council now desires to approve the issuance of
the Bonds by the Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILOF THE CITYOF
SANTA ANAAS FOLLOWS:
Section 1.The above recitals are true and correct.
Section 2.The City Council hereby approves the issuance of the Bonds by the Authority.
It is the purpose and intent of the City Council that this resolution constitute approval of the issuance
of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable
EXHIBIT 4
elected representative of the governmental unit having jurisdiction over the area in which the Project
is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement.
Section 3.The issuance of the Bonds shall be subject to approval of the Authority of all
financing documents relating thereto to which the Authority is a party. The City shall have no
responsibility or liability whatsoever with respect to repayment or administration of the Bonds.
Section 4.The adoption of this Resolution shall not obligate the City or any department
thereof to: (i) provide any financing with respect to the Project; (ii) approve any application or request
for or take any other action in connection with any planning approval, permit or other action
necessary with respect to the Project; (iii) make any contribution or advance any funds whatsoever
to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5.The City Manager and applicable Executive Directors of the City are hereby
authorized and directed, jointly and severally, to do any and all things and to execute and deliver any
and all documents that they deem necessary or advisable in order to carry out, give effect to and
comply with the terms and intent of this resolution and the financing approved hereby.
Section 6.This resolution shall take effect immediately upon adoption.
ADOPTED this ___ day of _________, 2021.
_______________________________
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
By:__________________________
Ryan O. Hodge
Assistant City Attorney
AYES:Councilmembers
NOES:Councilmembers
ABSTAIN:Councilmembers
NOT PRESENT:Councilmembers
2
EXHIBIT 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution
No.2021- to be the original resolution adopted by the City Council of the City of Santa Ana
onMarch 2, 2021.
Date: ____________________________________________________
Clerk of the Council
City of Santa Ana
3
Community Development Agency
https://www.santa-ana.org/cd
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Homeless Navigation Center Lease at 1815 Carnegie Avenue
AGENDA TITLE
Approve Lease Agreement with DYER 18 LLC for Homeless Navigation Center (Non-General
Fund)
RECOMMENDED ACTION
1.Authorize the City Manager to execute a 15-year Lease Agreement with DYER 18 LLC for a
29,503 square-foot industrial building located at 1815 Carnegie Avenue (APN 430-021-02) for
a homeless navigation center, including improvements, with the option to purchase beginning
in Year Two.
2.Authorize the City Manager to execute any/all future agreements required by County, State
or Federal agencies for the use of HEAP, HHAP, PLHA, ESG, HHAP COVID-19, ESG-CV
and any/all other homeless-related funds available.
DISCUSSION
On June 16, 2020, the City of Santa Ana entered into an agreement for the development,
construction, and operation of a year-round homeless shelter and navigation center in the
City of Santa Ana at 1815 Carnegie Avenue, Santa Ana, CA 92705 (“Carnegie site”).
Specifically, the City Council authorized a two-year operator agreement, with eight, one-
year renewal options, for $4,000,000 in one-time costs for tenant improvements and
structural work, $591,289 for one-time start-up costs, and $3,155,367 for on-going
operational costs per year with an annual consumer price index (CPI) adjustment of 1.5%,
for a total not-to-exceed amount of $38,099,351 over ten years.
During May and June 2020 negotiations, the operator submittal included an itemization
of Tenant Improvements estimated to be $4,000,000 and were approved via a Request
for Proposals (RFP) process. During late 2020, it became apparent that the original
estimate for tenant improvements escalated to an amount exceeding $13,000,000.
City staff determined that the developer/operator had produced non-satisfactory
deliverables and/or non-performance in breach of the agreement, warranting termination.
While unwinding the agreement, staff began working toward Plan B—splitting the project
into two components. Component One would be for the property owner to initiate the
building improvements and lease the same improved building to the City. Component
Homeless Navigation Center Lease at 1815 Carnegie Avenue
March 2, 2021
Page 2
Two would involve the City seeking a new operator of the navigation center. The operator
would be decided based upon a future Request for Proposals (RFP) process.
To implement Plan B, the City would become the Lessee of the Carnegie site under the
following terms:
Property Lease Terms
LesseeCity of Santa Ana
LessorDYER 18 LLC
Term15 years
Base Rent$61,666 monthly ($2.09 sq. ft.)
Security Deposit$200,000
Amount Due at Execution$261,666
Annual Rent Adjustment3% (effective 7/1/2021)
Purchase Option$9.2M in Year 2 @ 50% of CPI
R.S.P. relocation Reduction by $1,000,000 for relocated Regulatory Safety Permit
Tenant Improvements (TI) Terms
Retainer 10% ($850,000)
Costs of WorkApprox. $8.5M including prevailing way
Contingency 10% ($850,000)
Approval of the lease commences construction toward an April 30, 2021 opening date.
The proposed lease and lease addendum are attached as an exhibit.
Future Actions
The City’s selected operator (procured via RFP) will be presented to City Council within
the next month and will outline all costs of services related to the operation of the Carnegie
Navigation Center.
FISCAL IMPACT
Funds for the initial start-up of the agreement, tenant improvements and lease are
currently available in the FY 2020-21 budget:
Accounting Fund Accounting Unit,
Fiscal YearAmount
Unit-AccountDescriptionAccount Description
Homeless
FY 20-21HEAP Grant, Payment to
12218700-69135Emergency Aid $913,462.00
(March-June)Subagent
Program (HEAP)
FY 20-21Emergency and HHAP-COVID, Payment to
12218710-69135$125,771
(March-June)Health Grants Subagent
Homeless Navigation Center Lease at 1815 Carnegie Avenue
March 2, 2021
Page 3
Emergency and
FY 20-21HHAP, Payment to
Health Grants-
12218715-69135$5,665,769
(March-June)Subagent
HHAP-1
Emergency
FY 20-21ESG-CV, Payment to
13518789-69135Solutions Grant-$246,664
(March-June)Subagent
Coronavirus
Permanent Local
FY 20-21PLHA, Payment to
15818700-69135Housing $2,660,000
(March-June)Subagent
Allocation
Total$ 9,611,666
The amounts listed in each of the funds are approximate and may vary slightly. Should
tenant improvements continue into FY 2021-22, funds will be carried forward and
expended in FY 2021-22.
Accounting Fund Accounting Unit,
Fiscal YearAmount
Unit-AccountDescriptionAccount Description
Emergency
FY 21-22ESG-CV, Payment to
13518789-69135Solutions Grant-$747,392
(July-June)Subagent
Coronavirus *
Permanent Local
FY 21-22PLHA, Payment to
15818700-69135Housing 174,600
(July – June)Subagent
Allocation
Total $921,992
Accounting Fund Accounting Unit,
Fiscal YearAmount
Unit-AccountDescriptionAccount Description
Permanent Local
FY 22-23PLHA, Payment to
15818700-69135Housing $949,651
(July-June)Subagent
Allocation
Total $949,651
.
EXHIBIT(S)
1. Lease including Addendum
Submitted By:Steven A. Mendoza, Assistant City Manager
Approved By:Kristine Ridge, City Manager
69.15. Closing Costs. Lessor shall pay for (a) all premiums for the ALTA standard coverage
portion of the Title Policy, (b) one-half (½) of all Escrow fees and costs, (c) all sales and
gross receipts taxes, (d) all documentary transfer and/or stamp taxes, if any, and (e)
Lessor’s share of prorations, if any. Lessee shall pay for (i) all premiums for the ALTA
extended coverage portion of the Title Policy and any endorsements requested by Lessee,
(ii) all costs relating to the survey and all reports, studies, inspections, investigations and
all other costs and expenses incurred by Lessee in connection with its review of any
materials, documents, materials, the Premises and other such due diligence conducted by
Lessee, (iii) any document recording fees and charges, (iv) one-half (½) of all Escrow
fees and costs, and (v) Lessee’s share of prorations, if any. Lessor and Lessee shall each
pay for all of its respective legal and professional fees and fees of other consultants
incurred by such respective party, and if Lessee shall finance any of the Purchase Price,
Lessee shall pay all costs and expenses incurred or arising in connection with such
financing. All other normal and customary closing costs and expenses shall, except as
otherwise herein set forth, be allocated between Lessor and Lessee in accordance with the
customary practice in the County in which the Project is situated.
69.16. Purchase Option Assignment. The Purchase Option is personal to Lessee and may not be
assigned in whole or in part at any time. Notwithstanding the foregoing, Lessee may
assign the Purchase Option to any other governmental entity approved by the City to
whom this Lease is assigned as set forth in Section 60 herein above.
(remainder of page left intentionally blank)
18
12926447.1
City Managers Office
https://www.santa-ana.org/cm
Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Requirements for Members of Board, Commissions, and Committees
AGENDA TITLE:
Ordinance Amending Chapter 2 of the Santa Ana Municipal Code relating to Boards,
Commissions, and Committees
RECOMMENDED ACTION
Adopt an ordinance amending Chapter 2 of the Santa Ana Municipal Code relating to
Boards, Commissions, and Committees to remove requirements that a member of an
advisory body be a qualified elector of the City of Santa Ana.
DISCUSSION
On November 6, 2018, Santa Ana Voters approved Measure Z, Santa Ana City Charter
Amendments, which amended Article IX of the City Charter entitled “Appointive Boards
and Commissions.” This amendment provided that the City Council shall establish
appointive boards and commissions by ordinance and shall specify in such ordinance the
powers and duties of each appointive board and commission.
On September 1, 2020, the Santa Ana City Council adopted Ordinance NS-2992
amending Santa Ana Municipal Code (SAMC) Chapter 2, Articles I and IV and repealing
SAMC Section 33-183 and Section 33-184. The amendments made changes to
modernize and streamline Articles I and IV of Chapter 2 of the SAMC, including removing
dated provisions and updating other portions of the Code, as well as to move provisions
relating to the Environmental and Transportation Advisory Committee from Chapter 33 of
the SAMC to Chapter 2.
At the January 19, 2021 meeting, members of the Santa Ana City Council directed staff
to prepare an ordinance to amend the SAMC provisions relating to the eligibility criteria
for participating members of boards, commissions, and committees (“advisory body”) to
remove requirements that a member of an advisory body be a qualified elector of the City
of Santa Ana (“qualified elector provisions”). The purpose of removing the qualified elector
provisions is to authorize the appointment of Santa Ana residents, without a requirement
of citizenship, to boards, commissions, and committees. Such changes to the SAMC
Requirements for Members of Board, Commissions, and Committees
March 2, 2021
Page 2
would strengthen community engagement by eliminating barriers to participation and
encouraging more residents to apply for boards, commissions, and committees.
Of the existing 10 boards/commissions/committees, two advisory bodies—Youth
Commission and Measure X Citizens Oversight Committee—do not require members to
be qualified electors of the City of Santa Ana. The proposed ordinance (Exhibit 1) would
eliminate the qualified elector provisions of the remaining eight advisory bodies: Arts and
Culture Commission, Personnel Board, Community Development Commission, Planning
Commission, Environmental and Transportation Advisory Commission, Historic
Resources Commission, Workforce Development Board, and Board of Recreation and
Parks.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance
Submitted By:
Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING SANTA ANA MUNICIPAL
CODE CHAPTER 2, ARTICLE IV DIVISIONS 2-9 TO
REQUIRE BOARD AND COMMISSION MEMBERS TO BE
RESIDENTS OF THE CITY INSTEAD OF QUALIFIED
ELECTORS
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares that the City of Santa Ana desires to remove barriers that prevent active
participation by all City residents in City government. Consistent with this philosophy is
the inclusion of
Boards and Commissions. As a result and to be consistent with SB 225, the City
Council of the City of Santa Ana has directed removal of the requirement that Board and
. Instead, Board and
Commission appointees will be required to be a resident of the City.
Section 2. The Santa Ana City Council hereby amends Chapter 2, Articles IV,
Divisions 2-9 of the Santa Ana Municipal Code as follows (additions are in red and
underlined, deletions are stricken):
CHAPTER 2 - ADMINISTRATION
ARTICLE IV. - OFFICERS, DEPARTMENTS, BOARDS AND COMMISSIONS
DIVISION 2. -APPOINTIVE BOARDS AND COMMISSIONS
Sec. 2-325. - Compensation for members of boards, commissions.
1. The members of the following boards and commissions of the city shall receive the
compensation as set forth herein:
(a) Dpnnvojuz!Efwfmpqnfou!boe!Ipvtjoh!Dpnnjttjpo/ Fifty dollars ($50.00) per
meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00)
per month automobile allowance.
(b) Qfstpoofm!Cpbse/ Fifty dollars ($50.00) per meeting.
(c) Qmboojoh!Dpnnjttjpo/ Fifty dollars ($50.00) per meeting, three (3) meetings
maximum per month, plus fifty dollars ($50.00) per month automobile
allowance.
Ordinance No. NS-XXXX
Page 1 of 15
(d) Ijtupsjd!Sftpvsdft!Dpnnjttjpo/ Fifty dollars ($50.00) per meeting, two (2)
meetings maximum per month.
(e) Qbslt-!Sfdsfbujpo!boe!Dpnnvojuz!Tfswjdft!Dpnnjttjpo/ Fifty dollars
($50.00) per meeting, two (2) meetings maximum per month.
(f) Fowjsponfoubm!boe!Usbotqpsubujpo!Bewjtpsz!Dpnnjttjpo/ Fifty dollars ($50.00)
per meeting, two (2) meetings maximum per month.
(g) Zpvui!Dpnnjttjpo/ One (1) meeting per month, three (3) special meetings
maximum per year with the compensation of fifty dollars ($50.00) per meeting.
(h) Bsut!boe!Dvmuvsf!Dpnnjttjpo. Each commission member shall receive a
maximum compensation in the amount of $50.00 for attendance at one regular
meeting per month.
2. The members of the appointive boards and commissions may receive
reimbursement for necessary traveling and other expenses when on official duty of
the City when such expenditure has been appropriated by the City Council and
authorized by the board or commission and subject to rules and regulations
prescribed by ordinance or order of the City Council.
Sec. 2-326. Appointments, removals, vacancies, term
a) Except as otherwise specified in the charter, the member of each of the
appointive boards and commissions shall be appointed, and may be
removed, by the City Council, subject in both appointment and removal by
the affirmative votes of a majority of the members. For boards and
commissions having at least seven (7) members, the City Council shall
select seven (7) members from nominations made by the council member
(or mayor in the case of the city-wide seat) whose term coincides with that
board or commission seat, as determined by the City Council in
accordance with subsection (e) below, together with nominations from any
other member of the Council all other appointments shall be as
determined by the charter, or by the City Council from time to time. At
least fifty-percent (50%) of those persons nominated from time to time by
a council member shall be residents of the ward represented by such
council member. At the request of a councilmember, this rule may be
waived by a 2/3 vote for the City Council for any one appointment if the
requesting member is unable to find a qualified and acceptable ward
resident to nominate. For purposes of this rule, residency is only required
at the time of nomination.
b) Vacancies arising from whatever cause shall be filled in the same manner.
Upon a vacancy occurring leaving an unexpired portion of the term, any
appointment to fill such a vacancy shall be for the unexpired portion of
Ordinance No. NS-XXXX
Page 2 of 15
such term. All terms shall begin on the same date as City Councilmember
terms as provided in section 400 of the Charter.
c) If a member of a board or commission absents himself or herself from two
(2) regular meetings of such board or commission, consecutively, unless
by permission of such board or commission expressed in its official
minutes, or fails to attend at least one-half (1/2) of the regular meetings of
such board or commission within a calendar year, or is convicted of a
crime involving moral turpitude, or ceases to be a resident of the City
qualified elector of the City, the office shall become vacant and shall be so
declared by the City Council.
d) Except as otherwise provided in this section, the members of such boards
and commissions shall serve for a term of four (4) years and until their
respective successors are appointed or qualified, but in no event shall any
persons be eligible for reappointment who has served three (3)
consecutive terms of four (4) years each, irrespective of what seat or
seats the member is appointed to by the City Council. Notwithstanding
the foregoing, one seat shall be a city-wide seat having a two (2) year
term which coincides with that of the Mayor, and which shall be limited to
four (4) consecutive terms. Short or partial terms (as defined for City
Council in Section 401 of the Charter) shall not be considered. Unless
otherwise provided by ordinance of the City Council for a board or
commission having more or less than seven (7) members, the terms of
three (3) of the members of each such board or commission shall begin on
the date of the beginning of the term of office of council members elected
at every second general election commencing with the April, 1983 general
election, the terms of three (3) other members shall begin on the date of
the beginning of the term of office of council members elected at every
second general election commencing with the November, 1984 general
election, and one (1), as designated by the City Council, shall coincide
with the term of the mayor. It is the intent of this section that the term of
office on boards and commissions shall be concurrent with the term of
office of council members. Thereafter, any appointment to fill an
unexpired term shall be for such an unexpired period. No person shall be
eligible for appointment to a board or commission who completed a term
on the City Council immediately preceding that board or commission term.
(e) For boards and commissions with at least seven (7) members, the City
Council shall designate six (6) board and commission seats by ward, and
one city-wide. These designations shall be solely for the purpose of
nominations and calculations of terms as provided in this Section 2-326.
Ordinance No. NS-XXXX
Page 3 of 15
Except for purposes of the fifty-percent (50%) nomination rule in
subsection (a) above, residency in that ward is not required.
Sec. 2-327. Prohibition against serving as treasurer for campaign committee.
If any member of an appointive board or commission shall become the treasurer
of a campaign committee which receives contributions for any candidate for mayor or
councilmember, his or her office shall become vacant and shall be so declared by the
City Council. No person who serves as the treasurer of a campaign committee which
receives contributions for any candidate for mayor or councilmember shall be eligible for
appointment to any appointive board or commission.
Sec. 2-328. Meetings; chairperson; recording secretary.
The election of each chairperson and vice-chairperson shall be held at the
meetings of the respective boards and commissions during the month of July of each
year. The board or commission, in the event of a vacancy in the office of the
chairperson or vice-chair person, shall elect one of its members for the unexpired term.
The chairperson shall have the responsibility for informing the City Council of board,
commission, or committee actions or inactions and the reasons therefore.
The City Manager or his or her designee shall designate a secretary for the
recording of minutes for each of such boards and commissions, who shall keep a record
of its proceedings and transactions. Each board and commission shall prescribe rules
and regulations governing its operations which shall be consistent with the charter, this
code, and shall be filed with the Clerk of the Council for public inspection. The
personnel board shall meet monthly, provided there is business on the agenda to come
before it.
Sec. 2-329. Reserved.
DIVISION 3.- PERSONNEL BOARD
Sec. 2-330. Personnel board-Membership.
The personnel board shall consist of seven (7) members to be appointed by the
City Council from the qualifiedresidents electors of the City. None of the members shall
be removed from office without reasonable and sufficient cause, in accordance with
procedures as provided by ordinance. None of the members shall hold public office or
employment in city government or be a candidate for any other public office or position,
be an officer of any local, state or national partisan political club or organization, or while
a member of the personnel board or for period of one (1) year after he or she has
Ordinance No. NS-XXXX
Page 4 of 15
ceased for any reason to be a member, be eligible for appointment to any salaried office
or employment in the service of the City.
Sec. 2-331.-Same-Powers and duties.
The personnel board shall have power and be required to:
a) Hear appeals pertaining to the disciplinary suspension, demotion, or dismissal of
any officer or employee having permanent status in any office, position, or
employment in the civil service; and as otherwise provided for in the civil service
rules and regulations;
b) Consider matters that may be referred to it by the City Council or the City
Manager and render such counsel and advice in regard thereto as may be
requested by the referring authorities;
c) By its own motion, make such studies and investigations as it may deem
necessary for the formulation of civil service policies, or to determine the wisdom
and efficacy of the policies, plans and procedures dealing with civil service
matters and report its findings and recommendations to the City Manager or the
City Council, or to both such authorities, as it may see fit;
d) Conduct public hearings on all proposed amendments to or repeal of civil service
rules and regulations in the manner as prescribed by ordinance, and advise the
council of its findings in such matters within sixty (60) days.
Sec. 2-332. Attendance of witnesses; oaths and affirmations.
The personnel board shall have the same power as the City Council to compel the
attendance of witnesses, to examine them under oath, and to compel the production of
evidence before it. Each member of the personnel board shall have the power to
administer oaths and affirmations in any investigation or proceeding pending before it.
DIVISION 4.- PARKS, RECREATION AND COMMUNITY SERVICES COMMISSION
Sec. 2-333. Parks, Recreation, and Community Services Commission- -Membership.
The members of the parks, recreation, and community services commission shall
be appointed from the qualified residents electors for the City. Seven (7) members shall
be appointed as required by section 2-326 of this code.
Ordinance No. NS-XXXX
Page 5 of 15
Sec. 2-334.-Same-Powers and duties.
The parks, recreation and community services commission shall have the power and
duty to:
a) Act in an advisory capacity to the City Council in matters pertaining to the
acquisition, capital improvements, rehabilitation and maintenance of parks and
recreational, cultural, zoo and facilities;
b) Act in an advisory capacity and consider the proposed annual budget for the
Parks, Recreation, and Community Services Agency and make
recommendations to the City Manager and/or City Council;
c) Act in an advisory capacity to the City Council in recommending policies and/or
legislation on all matters pertaining to parks, recreation and community services;
d) Perform such other duties as may be directed by the City Council;
e) Act in an advisory capacity and provide a recommendation to the City Council
and the City Manager as to the acceptance or rejection of offers of donations of
money, personal property or real estate to be used for recreation and parks
programs; and additionally, it shall make recommendations on the sale, transfer,
or usage of existing or future park property; and
f) The commission shall report annually to the City Council on its goals and
accomplishments.
Sec. 2-335-2-349. Reserved.
DIVISION 5 - PLANNING COMMISSION
Sec. 2-350. - Establishment.
There is created and established a planning commission for the city pursuant to
Santa Ana city Charter section 900.
Sec. 2-350.1 Planning commission-Membership.
The planning commission shall consist of seven (7) members to be appointed by
the City Council from the qualified residents electors of the City, and no member of said
commission shall hold any paid office or employment in City government.
Sec. 2-350.2 Planning commission- Powers and duties
The planning commission shall have the power and be required to:
a) Pe
Ordinance No. NS-XXXX
Page 6 of 15
b) Make studies and plans for future civic land use, including use as public
recreation facilities;
c)
consistency with the General Plan;
d) Exercise such functions as to land subdivisions, zoning and other City
planning as may be prescribed by ordinance; and
e) By its own motion, make such studies and investigations as it may deem
necessary for the formulation of planning and land use policies and report
its findings and recommendations to the City Council or the City Manager,
or to both such authorities, as it may see fit.
Sec. 2-351. - Meetings.
The planning commission shall meet at dates and times as set forth in its bylaws.
Sec. 2-352. -Reserved.
Sec. 2-353. - Committees.
The chairperson of the planning commission shall appoint as needed such
temporary or standing committees for the study, investigation and report of particular
matters as may be helpful in carrying out the responsibilities of the commission.
Sec. 2-354. - Reserved.
Sec. 2-355. - Director's duties.
It shall be the duty of the Executive Director of planning and building safety as chief
administrative officer of the planning department of the city to make or cause to be
made such investigations, studies, drawings, maps and reports and recommendations
as requested by the planning commission in the furtherance of its transactions. In
addition, the planning director shall report to the planning commission all information
and data available to him or her which can be of assistance to the deliberations of the
commission and shall advise and recommend to the commission on all technical
matters relating to city planning.
Sec. 2-356. - City administrative officials' duties.
It shall be the duty of all officials of the city to furnish to the planning commission
within a reasonable length of time any information available to such officials as may be
requested by the commission and required by it for the effective carrying out of its
responsibilities.
Ordinance No. NS-XXXX
Page 7 of 15
Sec. 2-357. - Submission of capital improvement plans.
On or before the first day of March in each year each city officer, department, office,
board, commission or other city agency whose functions include recommending,
preparing plans for or constructing public capital improvements shall submit to the
planning director, as the agent for the planning commission, a list of capital
improvements proposed by such officer or agency for planning, initiation or construction
during the ensuing fiscal year.
Sec. 2-358. - Report to council on capital improvement schedule.
On or before the fifteenth day of May of each year the planning commission shall
submit a report to the city council which shall contain any revisions recommended by it
in the capital improvement program, as required by section 2-357 of this Code, and
shall also contain the comments and recommendations of the commission regarding the
capital improvements proposed by the various officers and agencies of the city as
provided for in section 2-357.
Sec. 2-359. - Appeals from decisions of the building official.
The planning commission shall also hear appeals from the decisions of the building
official in accordance with section 8-4 of this Code.
Sec. 2-360. Attendance of witnesses; oaths and affirmations
The planning commission, when hearing appeals from the decision of the building
official, shall have the same power as the City Council to compel the attendance of
witnesses, to examine them under oath, and to compel the production of evidence
before it. Each member of the planning commission shall have the power to administer
oaths and affirmations in any investigation or proceeding pending before it.
Secs. 2-3612-369. - Reserved.
DIVISION 6. - HISTORIC RESOURCES COMMISSION
Sec. 2-370. - Establishment.
There is created and established a historic resources commission for the city
pursuant to and in accordance with the provisions of city Charter section 900.!
Sec. 2-371. - Members.
The historic resources commission shall consist of nine (9) members. Seven (7)
members shall be subject to appointment and removal and shall serve terms in
accordance with section 2-326 of this Code. The remaining two (2) members shall be ex
officio representatives from the planning commission and the community development
commission, with one (1) member from each commission. Commission members
should possess an expertise and experience in the disciplines of architecture, history,
Ordinance No. NS-XXXX
Page 8 of 15
architectural history, planning or other historic preservation related disciplines, such as
urban planning, to the extent that such professionals are available in the community.
Sec. 2-372. - Meetings.
The historic resources commission shall meet at dates and times specifically set out
and established in the bylaws of the commission.
Sec. 2-373. - Director's duties.
It shall be the duty of the executive director of the planning and building safety , as
chief administrative officer of the planning department of the city, to make or cause to
be made such investigations, studies, drawings, maps and reports and
recommendations as requested by the historic resources commission in the furtherance
of its transactions. In addition, the executive director of the planning and building safety
shall report to the historic resources commission all information and data available to
him or her which can be of assistance to the deliberations of the commission and shall
advise and recommend to the commission on all technical matters to historic
preservation.
Sec. 2-374. - Powers and duties.
The historic resources commission shall have the following powers and duties:
(a) Consider all matters that may be referred to it by the city council or the city
manager and shall render its recommendations, counsel and advice in regards
thereto;
(b) Carry out those duties enumerated in chapter 30 of this Code regarding
places of historical and architectural significance;
(c) Advise and make recommendations to the city council on applications for
properties to be included in financial incentive programs participated in by the
city for the preservation of historic resources;
(d) Advise and make recommendations to the planning commission, city council
and other city boards and commissions regarding historical projects and
property;
(e) Recommend to the city council policies and regulations regarding the
protection, reuse and rehabilitation of historical property;
(f) Recommend to the city council programs for the protection, retention and use
of historic resources including utilizing federal, state, local and/or private
funding sources and mechanisms, such as Certified Local Government
Program, Mills Act Contracts, and the state Historic Building Code;
(g) Recommend to the city council programs that confer recognition upon the
owners of designated historic resources;
(h) Encourage public understanding and involvement in historic and architectural
heritage.
Secs. 2-3752-449. - Reserved.
Ordinance No. NS-XXXX
Page 9 of 15
DIVISION 7. YOUTH COMMISSION
Sec. 2-450. - Commission established; composition.
There is hereby created and established a youth commission for the City of Santa Ana,
having such powers as set forth in this division. The youth commission shall consist of
seven (7) regular members who shall be subject to appointment and removal pursuant
to Section 2-326 of this Code. No member of the commission shall hold any paid office
or be employed in the City government.
Sec. 2-451. - Requirements of membership.
Each member of the youth commission shall be a student enrolled and attending school
thth
in 7 through 12 grades, as well as a resident of the City of Santa Ana. Members shall
consist of up to seven voting members, all residents of the City of Santa Ana. Should
any member cease to reside within the City of Santa Ana, or cease to be a student
enrolled and attending a school his/her office shall automatically be vacated.
Sec. 2-452. - Director's duties.
It shall be the duty of executive director of the parks, recreation and community services
agency, and/or his/her designee, to report to the youth commission all information and
data available to him/her which can be of assistance to the deliberations of the
commission and shall advise the commission on any issues on which they require
assistance and/or guidance.
Sec. 2-453. - Meetings.
The youth commission shall meet at dates and times set forth in the bylaws. The bylaws
shall be approved by the City Council.
Sec. 2-454-2-455. Reserved.
Sec. 2-456. - Organization.
The commission shall elect from its members a chairperson and vice chairperson, each
of whom shall serve in such position for the term of one (1) year. No member shall
serve in the position of chairperson for more than one (1) term.
Sec. 2-457. - Responsibilities and duties of commission.
The youth commission shall have the following responsibilities and duties:
Ordinance No. NS-XXXX
Page 10 of 15
(a) Act in an advisory capacity to the City Council in matters pertaining to youth and
teen services, programs, and cooperation with other public and/or private
agencies;
(b) Act in an advisory capacity and consider the proposed annual budget for the
Parks, Recreation and Community Services Agency and make recommendations
regarding youth services to the City Manager and/or City Council;
(c) Act in an advisory capacity to the City Council in recommending policies and/or
legislation for improving the position of the youth in the City of Santa Ana; and
(d) Perform such other duties as may be directed by the City Council.
Secs. 2-4582-549. - Reserved.
DIVISION 8. - ARTS AND CULTURE COMMISSION
Sec. 2-550. - Establishment.
There shall be created, constituted and established a Santa Ana Arts and Culture
Commission.
Sec. 2-551. - Members.
The arts and culture commission shall consist of seven (7) members. Members of
the commission should be persons who are concerned about arts and cultural issues in
the city and should be persons who have professional expertise or substantial volunteer
involvement in the following areas: Visual, performing or literary arts; architecture,
design or urban planning; education; history; science; film; or arts and cultural institution
management. The commissioners shall be subject to appointment and removal and
shall serve terms in accordance with section 2-326 of this Code.
Sec. 2-552. Meetings.
The arts and culture commission shall meet on dates and times as established in
the bylaws!of the commission.
Sec. 2-552.5 - Duties of the city manager.
It shall be the duty of the city manager or his or her designee to provide staff
support to the arts and culture commission and provide data, materials and resources
which can be of assistance to the deliberations of the commission and shall advise and
recommend to the commission on all technical matters.
Sec. 2-553. - Powers and duties.
The arts and culture commission shall have the following powers and duties:
(a) The commission shall act as an advisory body to the city manager and the city
council and make recommendations regarding but not limited to:
Ordinance No. NS-XXXX
Page 11 of 15
(1) Policies, priorities and plans for the development and improvement of arts
and cultural activities in Santa Ana, and, in conjunction with other
appropriate agencies, in the greater Santa Ana area.
(2) Coordinating with the private sector and other governmental agencies in
promoting arts and cultural excellence as a tool for the encouragement of
economic development, business relocation and tourism.
(3) Organizing and promoting activities which celebrate the city and its unique
cultural heritage.
(4) Allocation and budgeting of funds for arts and cultural funding.
(5) Payments for the design, execution and placement of public art projects,
within established appropriations for the art projects.
(6) Encouraging the use of local artists in city public art projects.
(7) Guidelines for accepting, selecting, purchasing, commissioning, placing
and preserving art projects and other city art acquisitions, gifts or extended
loans of art.
(8) Deaccessioning of artworks, when necessary.
(b) The commission shall advocate for arts education, cultural diversity, and other
initiatives that further the growth and sustainability of the arts and cultural
community in Santa Ana area.
(c) The commission shall have such other powers and duties as may be
appropriate in carrying out the purposes and goals of this division and as set
forth in reports or recommendations adopted by the city council.
(d) The commission shall consider matters referred to it by the city manager or the
city council.
DIVISION 9. - ENVIRONMENTAL AND TRANSPORTATION ADVISORY
COMMISSION
Sec. 2-554. Environmental and transportation advisory commission
1. On December 2, 1991, the city council created and established under city council
Resolution No. 91-112 the environmental and transportation advisory committee
for the City of Santa Ana. This body shall now be known as the environmental
and transportation advisory commission (ETAC). The environmental and
transportation advisory commission shall be comprised of nine (9) members who
shall be qualified residents electors of the city. The provisions of section 2-326 of
this code shall govern the appointment, removal and terms of the members of
ETAC and the existence of vacancies on ETAC Membership in ETAC may
include (1) member who shall be nominated by the Santa Ana Chamber of
Commerce and approved by a majority of the City Council and one (1) member
Ordinance No. NS-XXXX
Page 12 of 15
nominated by the Santa Ana Hispanic Chamber of Commerce and approved by
the City Council within the nine (9) member limit. The members nominated by
the Chambers need not be qualified residents electors of the city. Effective
January 1, 2021, the members nominated by the Santa Ana Chamber of
Commerce and the Hispanic Chamber of Commerce are limited to one, four (4)
year term.
2. ETAC meetings and procedures shall be resolved and detailed in separately
adopted by-laws.
Sec. 2-555. Same-Duties and responsibilities.
1. The duties of ETAC shall consist of acting in an advisory capacity to the city
council in the study, review, and recommendations with regard to the removal,
planting, replanting or disposition of public trees in the public right of way. ETAC
shall review and make recommendations regarding requests for public tree
removal by individual property owners, neighborhood associations, or
developers. The ETAC shall make recommendations on designated species for
specific streets and neighborhoods.
2. ETAC will assist in the dissemination of news and information regarding the
protection, maintenance, removal and planting of public trees on public property
to the city council and citizens of the City of Santa Ana.
3. ETAC-!when requested by the city council, shall consider, investigate, make
finding, report and recommend upon any special matters of question coming
within the scope of the urban forest.
4. The duties of!ETAC shall also consist of acting in an advisory capacity to the city
council, in the study, review, and recommendation related to master planning of
transportation and streetscape matters, and guiding principles on Water and
Wastewater matters.
5.
the Bicycle and Pedestrian Master Plans, and Citywide Complete Streets, and
advice on major surface transportation programs. !ETAC may also provide input
on street environment, streetscape, and right of way aesthetics.
Secs. 2-5562-599. - Reserved.
Section 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
Ordinance No. NS-XXXX
Page 13 of 15
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection, sentence, clause, phrase
or portion thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 4. This ordinance shall become effective thirty (30) days after its adoption.
Section 5. The Clerk of the Council shall certify the adoption of this ordinance and
shall cause the same to be published as required by law.
ADOPTED this _______ day of,2021.
_______________________
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:________________________
Laura A. Rossini
Chief Assistant City Attorney
AYES:Councilmembers _________________________________
NOES: Councilmembers __________________________________
ABSTAIN: Councilmembers __________________________________
NOT PRESENT:Councilmembers __________________________________
Ordinance No. NS-XXXX
Page 14of 15
CERTIFICATEOF ATTESTATION AND ORIGINALITY
I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached
Ordinance No. NS-XXXto be the original ordinance adopted by the City Council of
the City of Santa Ana on ______, 2021 and that said ordinance was published
in accordance with the Charter of the City of Santa Ana.
Date: ____________________________________________________
Daisy Gomez
Clerk of theCouncil
Ordinance No. NS-XXXX
Page 15of 15
City Managers Office
https://www.santa-ana.org/cm
Item # 30
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Premium Pay for Grocery Workers and Retail Pharmacy Workers
AGENDA TITLE:
Ordinance Establishing Premium Pay for Grocery Workers and Retail Pharmacy Workers
RECOMMENDED ACTION
Consider one of the following options:
1.Adopt an urgency ordinance establishing premium pay for grocery workers and retail
pharmacy workers.
2.Approve first reading of an ordinance establishing premium pay for grocery workers
and retail pharmacy workers.
DISCUSSION
COVID-19 Pandemic Timeline
On March 11, 2020, the World Health Organization (WHO) declared the Coronavirus
(COVID-19) a pandemic.
On March 17 2020, the City Council proclaimed a civil emergency in response to the
COVID-19 pandemic, authorizing the City Manager to exercise the emergency powers
necessary to take extraordinary measures to prevent death or injury of persons and to
protect the public peace, safety and welfare, and alleviate damage, loss, hardship, or
suffering.
On March 19, 2020, California Governor Gavin Newsom issued a Stay Home order,
closing all non-essential workplaces, requiring people to stay home except to participate
in essential activities or to provide essential business services, and banning all gatherings
for social, spiritual, and recreational purposes. In addition to healthcare, public health,
and emergency services, the Stay Home order identified grocery stores, among other
businesses/services, as essential business sectors critical to protecting the health and
well-being of all Californians and designated their workers as essential critical
infrastructure workers.
Premium Pay for Grocery Workers and Retail Pharmacy Workers
March 2, 2021
Page 2
Grocery Stores as Essential Businesses
Grocery stores are essential businesses. As such, grocery workers employed at grocery
stores are essential workers who perform services that are fundamental to the economy
and health of the community during the COVID-19 crisis. They work in high-risk conditions
with inconsistent access to protective equipment and other safety measures, work in
public situations with limited ability to engage in physical distancing, and continually
expose themselves and the public to the spread of disease.
COVID-19 Cases and Deaths to Date
As of February 25, 2021, the World Health Organization reported a global total of
112,209,815 cases of COVID-19, including 2,490,776 deaths; California reported
3,455,361 cases of COVID-19, including 49,877 deaths; and Santa Ana reported 43,835
cases of COVID-19, including 688 deaths.
Premium Pay
Premium pay, such as a “hazard pay” or “hero pay” is wages paid to an employee in
addition to regular wages. Premium pay is an established type of compensation for
employees performing hazardous duty or work involving physical hardship that can cause
extreme physical discomfort and distress.
Premium Pay in Other Cities
Several cities throughout California and elsewhere in the United States have proposed or
adopted local ordinances to establish premium pay for grocery workers:
County of Los Angeles, CA: On January 5, 2021, the Los Angeles County Board
of Supervisors voted to draft a mandate requiring large grocery and drugstore
chains to provide workers a $5 per hour pay increase for at least 120 days.
City and County of San Francisco, CA: In January 2021, the San Francisco Board
of Supervisors passed a nonbinding ordinance urging companies to pay hazard
pay.
City of Irvine, CA: On February 9, 2020, the Irvine City Council approved an
ordinance requiring grocery store employees in the city to be paid an extra $4 an
hour for 120 days.
City of Long Beach: On January 19, 2021, the Long Beach City Council approved
a “Premium Pay for Grocery Workers Ordinance” which requires employers to pay
a $4 per hour premium wage for employees.
City of Los Angeles, CA: On February 2, 2021, the Los Angeles City Council
directed staff to prepare an emergency ordinance that will provide all on-site
grocery workers at grocery stores and certain drug retail stores with 300 or more
employees with an additional five dollars per hour in wages, to be effective for 120
days. The City of Los Angeles approved its hero pay ordinance on February 24,
2021.
City of Montebello, CA: The Montebello City Council approved an ordinance
requiring large drug and grocery stores to give its employees a $4 per hour pay
raise for 180 days. The ordinance applies to stores operating within Montebello
Premium Pay for Grocery Workers and Retail Pharmacy Workers
March 2, 2021
Page 3
that are publicly traded or have at least 300 employees nationwide and more than
15 employees per grocery or drug store location.
City of Oakland, CA: In February 2021, the Oakland City Council approved a
Hazard Pay Ordinance requiring certain grocery store employers to pay an
additional $5 per hour in hazard pay for all part-time and full-time employees, and
comply with other new legal obligations. The ordinance does not require employers
who have already implemented hazard pay of any amount to pay the additional $5
per hour.
City of Santa Monica, CA: On January 12, 2021, the Santa Monica City Council
approved $5 per hour “hero pay” for grocery workers at large employers.
City of Seattle, WA: On January 25, the Seattle City Council unanimously passed
a similar mandate requiring certain large grocery and food retail businesses with
at least 500 employees globally to pay $4 per hour hazard pay for grocery workers.
Pending Litigation with Cities and Premium Pay Ordinances
The California Grocers Association filed a lawsuit against the City of Long Beach,
declaring their hero pay ordinance unconstitutional. The suit claims the ordinance is illegal
because, by singling out certain grocers and ignoring other groups that employ essential
frontline workers, it violates the equal protection clause of the U.S. Constitution that
requires that similarly situated people must be treated alike, and that the ordinance is
preempted by the federal National Labor Relations Act relating to the collective-
bargaining process.
The California Grocers Association filed similar lawsuits relating to premium pay
ordinances enacted by the City of Montebello and City of Oakland.
February 2, 2021 City Council Meeting
At the February 2, 2021 meeting, the City Council directed staff to deliver a written report
prior to March 2, 2021 that contains a proposed Urgency Ordinance that includes the
following:
A requirement that retail stores located within the city limits which are privately and
publicly traded, with at least 300 employees nationwide, and with more than 15
employees per store site, pay all their employees an additional four (4) dollars per
hour in wages;
“Discount language” that applies to employers who are already providing similar
benefits;
A sunset clause, occurring 120 days from the effective date of the ordinance; and
Any other provisions necessary to implement the intent of the motion.
Additionally, the City Council directed the City Attorney to advise the City Council on the
enforceability of such an ordinance, in light of the lawsuit filed against the City of Long
Beach in response to their City Council’s adoption of a similar ordinance.
Premium Pay for Grocery Workers and Retail Pharmacy Workers
March 2, 2021
Page 4
Proposed Urgency Ordinance
The following are key components of the proposed ordinance:
Grocery Store and Retail Pharmacy Applicability:
o The ordinance applies to certain grocery stores and retail pharmacies
(“hiring entities”) which employ over 300 workers nationally and more than
15 employees per grocery store location or retail pharmacy location in
Santa Ana.
A “grocery store” means a store that devotes 70 percent or more of
its business to retailing a general range of food products, and/or a
store that has at least 15,000 square feet of floor space dedicated
to retailing a general range of food products.
“Retail pharmacy” means a corporate or chain (three or more
locations nationally) pharmacy or publicly-traded company that is
licensed as a pharmacy by the State of California and that
dispenses medications to the general public at retail prices.
Premium Pay Wages for Designated Workers:
o The ordinance requires hiring entities to provide each designated worker
with premium pay consisting of an additional $4 cash per hour for each hour
worked.
For the purposes of the ordinance, “designated worker” means a
grocery worker or retail pharmacy worker employed by a hiring entity
who is entitled to premium pay pursuant to the ordinance.
Recognition of Premium Pay Already Being Provided:
o If a grocery store or retail pharmacy already provides hourly premium pay
in accordance with the ordinance, such compensation may be credited
toward the additional $4 per hour of premium pay (and achieving
compliance if such pay is in the full amount of $4).
Duration of Premium Pay:
o The ordinance requires premium pay for designated workers for (120) days,
beginning on the effective date of the ordinance.
Notice of Rights:
o Grocery stores and retail pharmacies must advise their employees of their
rights under the ordinance, including their right to premium pay guaranteed
by the ordinance.
Private Right of Action:
o A designated worker that suffers financial injury as a result of a violation of
the ordinance or is the subject of retaliation may bring a civil action in a court
of competent jurisdiction against the hiring entity or other person violating
the ordinance.
Premium Pay for Grocery Workers and Retail Pharmacy Workers
March 2, 2021
Page 5
The ordinance is attached for consideration as either an urgency ordinance (Exhibit 1) or
regular ordinance (Exhibit 2). The only difference between the two ordinances is that the
urgency ordinance contains express findings that the ordinance is necessary as an
emergency measure to protect and preserve the health, safety and welfare of the citizens
of the City of Santa Ana, and therefore, would become effective immediately if passed by
the affirmative votes of at least two-thirds of the members of the City Council. The regular
ordinance does not declare such express findings, and therefore, would be considered
for a first reading and second reading; if the majority of the members affirm the passage
of the first and second readings, the regular ordinance would become effective 30 days
after the second reading.
OPTIONS
The City Council has the following options to consider relating to this matter:
1.Adopt an urgency ordinance establishing premium pay for grocery workers and
retail pharmacy workers.
2.Approve first reading of an ordinance establishing premium pay for grocery
workers and retail pharmacy workers.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1.Urgency Ordinance
2.Regular Ordinance
Submitted By:
Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
ORDINANCE NO. NS-XXX
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA ESTABLISHING PREMIUM PAY
AND ASSOCIATED LABOR PROTECTIONS FOR
GROCERY AND RETAIL PHARMACY WORKERS
WORKING IN SANTA ANA
City Attorney Summary
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WHEREAS, the new coronavirus 19 (COVID-19) disease is caused by a virus
that spreads easily from person to person and may result in serious illness or death, and
is classified by the World Health Organization (WHO) as a worldwide pandemic; and
WHEREAS, COVID-19 has broadly spread throughout California and remains a
significant health risk to the community, especially members of our most vulnerable
populations; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom proclaimed a
state of emergency in response to new cases of COVID-19, directing state agencies to
use all resources necessary to prepare for and respond to the outbreak; and
WHEREAS, on March 17, 2020, the City Council approved Resolution No. 2020-
016 proclaiming the existence of a local emergency regarding COVID-19 and authorizing
the City Manager to exercise the emergency powers necessary to take extraordinary
measures to prevent death or injury of persons and to protect the public peace, safety
and welfare; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued a
l non-essential workplaces, requiring
people to stay home except to participate in essential activities or to provide essential
business services, and banning all gatherings for social, spiritual, and recreational
purposes. In addition to healthcare, publi
Home grocery and retail pharmacy stores as
essential business sectors critical to protecting the health and well-being of all
Californians and designated their workers as essential critical infrastructure workers; and
WHEREAS, on December 3, 2020, Governor
WHEREAS, on January 25, 2021, Governor Newsom lifted the stay-at-home order,
returning California counties back
Ordinance No. NS-XXX
Page 1 of 10
WHEREAS, Orange County remains in the most restrictive purple tier, where many
non-essential business operations remain closed and the virus widespread; and
WHEREAS, as of February 25, 2021, the WHO Situation Report reported a global
total of 112,209,815 confirmed cases of COVID-19, including 2,490,776 deaths; California
reported 3,455,361 confirmed cases of COVID-19, including 49,877 deaths; and Santa
Ana has reported 43,835 cases of COVID-19, including 688 deaths; and
WHEREAS, grocery and retail pharmacy stores are essential businesses
operating in Santa Ana during the COVID-19 emergency, making grocery and retail
pharmacy workers highly vulnerable to economic insecurity and health or safety risks;
and
WHEREAS, grocery and retail pharmacy workers have been unable to work from
home, including those with children engaged in distance learning, and have therefore
likely incurred additional childcare expenses; and
WHEREAS, grocery and retail pharmacy workers are essential workers who
perform services that are fundamental to the economy and health of the community during
the COVID-19 crisis. They work in high risk conditions with inconsistent access to
protective equipment and other safety measures; work in public situations with limited
ability to engage in physical distancing; and continually expose themselves and the public
to the spread of disease; and
WHEREAS, premium pay, paid in addition to regular wages, is an established type
of compensation for employees performing hazardous duty or work involving physical
hardship that can cause extreme physical discomfort and distress; and
WHEREAS, during the early stages of the COVID-19 pandemic, many grocery
companies provided premium pay, which was generally implemented as either a
temporary hourly wage increase or a one-time bonus, but this practice has either
generally been phased out or terminated; and
WHEREAS, grocery and retail pharmacy workers working during the COVID-19
emergency merit additional compensation because they are performing hazardous duty
due to the significant risk of exposure to the COVID-19 virus. Grocery and retail pharmacy
workers have been working under these hazardous conditions for months. They are
working in these hazardous conditions now and will continue to face safety risks as the
virus presents an ongoing threat for an uncertain period, potentially resulting in
subsequent waves of infection. Additionally, new and potentially more contagious
variants of the coronavirus have now been detected in California; and
WHEREAS, the availability of grocery and retail pharmacy stores is fundamental
to the health of the community and is made possible during the COVID-19 emergency
because grocery and retail pharmacy workers are on the frontlines of this devastating
pandemic supporting public health, safety, and welfare by working in hazardous
situations; and
Ordinance No. NS-XXX
Page 2 of 10
WHEREAS, establishing a requirement for grocery and retail pharmacy stores to
provide premium pay to grocery and retail pharmacy workers protects public health,
supports stable incomes, and promotes job retention by ensuring that grocery and retail
pharmacy workers are compensated for the substantial risks, efforts, and expenses they
are undertaking to provide essential services in a safe and reliable manner during the
COVID-19 emergency; and
WHEREAS, the City Council finds that this Ordinance is necessary for the
preservation of public peace, health, and safety of grocery and retail pharmacy workers
working in Santa Ana.
NOW, THEREFORE, the City Council of the City of Santa Ana ordains as follows:
Section 1. Incorporation of Recitals. The findings and determinations reflected
above are true and correct, and are incorporated by this reference herein as the cause
and foundation for the action taken by and through this Ordinance.
Section 2. PREMIUM PAY FOR GROCERY AND RETAIL PHARMACY
WORKERS
Purpose.
As a result of the COVID-19 pandemic
by California Governor Gavin Newsom, this Ordinance aims to protect and
promote the public health, safety, and welfare during the new coronavirus 19
(COVID-19) emergency by requiring grocery and retail pharmacy stores to
provide premium pay for grocery and retail pharmacy workers performing work in
Santa Ana. Requiring grocery and retail pharmacy stores to provide premium pay
to grocery and retail pharmacy workers compensates grocery and retail pharmacy
workers for the risks of working during a pandemic. Grocery and retail pharmacy
workers face magnified risks of catching and/or spreading the COVID-19 disease
because the nature of their work involves close contact with the public, including
members of the public who are not showing symptoms of COVID-19 but who can
spread the disease. The provision of premium pay better ensures the retention of
these essential workers who are on the frontlines of this pandemic providing
essential services and who are needed throughout the duration of the COVID-19
emergency. As such, they are deserving of fair and equitable compensation for
their work.
Short title.
This OGrocery and Retail
Pharmacy
Definitions.
For purposes of this Ordinance:
Ordinance No. NS-XXX
Page 3 of 10
designated worker,
garnishing gratuities, temporarily or permanently denying or limiting access to
work, incentives, or bonuses, offering less desirable work, demoting, terminating,
deactivating, putting a designated worker on hold status, failing to rehire after a
seasonal interruption of work, threatening, penalizing, retaliating, or otherwise
discriminating against a designated worker for any reason prohibited by this
Ordinance.
person acting on the h designated worker
from exercising any right afforded by this Ordinance.
designated worker or other person who suffers
violation of this
Ordinance.
Santa Ana.
Designated means a grocery worker or retail pharmacy worker
employed by a hiring entity who is entitled to premium pay pursuant to this
Ordinance.
employed by a hiring entity at a grocery
store for hourly compensation, including a worker who has full-time employment,
part-time employment, joint employment, temporary employment, or employment
through the services of a temporary services or staffing agency.
of its business to retailing a general range of food products, which may be fresh or
packaged, and/or a store that has at least fifteen thousand square feet (15,000 sf)
of floor space dedicated to retailing a general range of food products. There is a
rebuttable presumption that if a store receives seventy percent (70%) or more
revenue from retailing a general range of food products, or if a store has at least
fifteen thousand square feet (15,000 sf) of floor space dedicated to retailing a
general range of food products, then it qualifies as a grocery store.
or retail pharmacy that employs over
three hundred (300) workers nationally and employs more than fifteen (15)
employees per grocery store location or retail pharmacy location in the City of
Santa Ana. For purposes of this section, the number of workers counted toward
the national total shall encompass all employees who work for compensation,
including employees not covered by this Ordinance.
bonuses, or any other form of payment owed to the worker, including, but not
limited to, any holiday, overtime, or vacation pay, or other benefits such as
additional sick leave pay, retirement contributions, or store discounts.
Ordinance No. NS-XXX
Page 4 of 10
grocery store, retail pharmacy, parent company or
any person who is alleged or found to have committed a violation of this Ordinance.
means a corporate or chain (three or more locations
nationally) pharmacy or publicly-traded company that is licensed as a pharmacy
by the State of California and that dispenses medications to the general public at
retail prices. Such term does not include a pharmacy that dispenses prescription
medications to patients primarily through the mail, nursing home pharmacies, long-
term care facility pharmacies, hospital pharmacies, clinics, charitable or not-for-
profit pharmacies, government pharmacies, or pharmacy benefit managers.
means a worker employed by a hiring entity at a
retail pharmacy for hourly compensation, including a worker who has full-time
employment, part-time employment, joint employment, temporary employment, or
employment through the services of a temporary services or staffing agency.
Designated worker coverage.
For the purposes of this Ordinance, covered designated workers are limited
to those who perform work for a hiring entity where the work is performed in the
City of Santa Ana.
Hiring entity coverage.
A. For purposes of this Ordinance, hiring entities are limited to those
who employ three hundred (300) or more designated workers nationally and
employ more than fifteen (15) employees per grocery store or retail pharmacy
location in the City of Santa Ana.
B. To determine the number of designated workers employed for the
current calendar year:
1. The calculation is based upon the average number per
calendar week of designated workers who worked for compensation during the
preceding calendar year for any and all weeks during which at least one (1)
designated worker worked for compensation. For hiring entities that did not have
any designated workers during the preceding calendar year, the number of
designated workers employed for the current calendar year is calculated based
upon the average number per calendar week of designated workers who worked
for compensation during the first ninety (90) calendar days of the current year in
which the hiring entity engaged in business.
2. All designated workers who worked for compensation shall be
counted, including but not limited to:
(a) Grocery workers and retail pharmacy workers who are
not covered by this Ordinance; and
Ordinance No. NS-XXX
Page 5 of 10
(b) Designated workers who worked in Santa Ana.
Premium pay requirement.
A. Hiring entities shall provide each designated worker with premium
pay consisting of an additional four dollars ($4.00) per hour for each hour worked.
B. Hiring entities shall provide the pay required by this Ordinance for a
minimum of one hundred twenty (120) days from the effective date of this
Ordinance.
C. If a hiring entity already provides hourly premium pay as of the
effective date of this Ordinance, such compensation may be credited towards the
additional four dollars per hour of premium pay required by this Ordinance.
Accordingly, compliance with this Ordinance may be achieved if a hiring entity
provides hourly premium pay in the full amount required by this Ordinance as of
the effective date of this Ordinance and for the duration of its effectiveness,
provided that all other requirements of this Ordinance are satisfied. In no event
shall premium pay provided prior to the effective date of this Ordinance be credited
towards the premium pay required by this Ordinance.
D. Unless extended by the City Council, this Ordinance shall expire in
one hundred twenty (120) days from its effective date.
Designated worker and consumer protections.
A. No hiring entity shall, as a result of this Ordinance going into effect,
take any of the following actions:
1. Reduce a designated worker compensation
by reducing the base wage rate, overtime, holiday or other premium pay rate,
hours of work, vacation, pension contributions, or other non-wage benefits of any
designated worker, or by increasing charges to any designated worker for parking,
uniforms, meals, or other work-related materials or equipment;
2. Limit a designated worker
B. It shall be a violation if this Ordinance is a motivating factor in a hiring
immediately above, unless the hiring
entity can prove that its decision to take the action(s) would have happened in the
absence of this Ordinance going into effect.
Notice of rights.
A. Hiring entities shall provide covered designated workers with a
written notice of rights established by this Ordinance. The notice of rights shall be
in a form and manner sufficient to inform designated workers of their rights under
this Ordinance. The notice of rights shall provide information on:
Ordinance No. NS-XXX
Page 6 of 10
1. The right to premium pay guaranteed by this Ordinance;
2. The right to be protected from retaliation for exercising in good
faith the rights protected by this Ordinance; and
3. The right to bring a civil action for a violation of the
as required
against a covered designated worker or other person for asserting the right to
premium pay or otherwise engaging in an activity protected by this Ordinance.
B. Hiring entities shall provide the notice of rights required by posting a
written notice of rights in a location of the grocery store or retail pharmacy location
utilized by employees for breaks, and in an electronic format that is readily
accessible to the designated workers. The notice of rights shall be made available
to the designated workers via smartphone application or an online web portal, in
English and any language that the hiring entity knows or has reason to know is the
primary language of the designated worker(s).
Hiring entity records.
A. Hiring entities shall retain records that document compliance with
this Ordinance for covered designated workers.
B. Hiring entities shall retain the records required above for a period of
two (2) years.
C. If a hiring entity fails to retain adequate records required under the
Ordinance, there shall be a presumption, rebuttable by clear and convincing
evidence, that the hiring entity violated this Ordinance for each covered designated
worker for whom records were not retained.
Retaliation prohibited.
No hiring entity employing a designated worker shall discharge, reduce in
compensation, or otherwise discriminate against any designated worker for
opposing any practice proscribed by this Ordinance, for participating in
proceedings related to this Ordinance, for seeking to exercise their rights under
this Ordinance by any lawful means, or for otherwise asserting rights under this
Ordinance.
Violation.
The failure of any respondent to comply with any requirement imposed on
the respondent under this Ordinance is a violation.
Ordinance No. NS-XXX
Page 7 of 10
Remedies.
A. The payment of unpaid compensation, liquidated damages, civil
penalties, penalties payable to aggrieved parties, fines, and interest provided
under this Ordinance is cumulative and is not intended to be exclusive of any other
available remedies, penalties, fines, and procedures.
B. A respondent found to be in violation of this Ordinance for retaliation
prohibited by this Ordinance shall be subject to any appropriate relief at law or
equity including, but not limited to reinstatement of the aggrieved party, front pay
in lieu of reinstatement with full payment of unpaid compensation plus interest in
favor of the aggrieved party under the terms of this Ordinance, and liquidated
damages in an additional amount of up to twice the unpaid compensation.
Private right of action.
Any covered designated worker that suffers financial injury as a result of a
violation of this Ordinance, or is the subject of retaliation prohibited by this
Ordinance, may bring a civil action in a court of competent jurisdiction against the
hiring entity or other person violating this Ordinance and, upon prevailing, may be
awarded reasonable attorneyfees and costs and such legal or equitable relief as
may be appropriate to remedy the violation including, without limitation: the
payment of any unpaid compensation plus interest due to the person and
liquidated damages in an additional amount of up to twice the unpaid
compensation; and a reasonable penalty payable to any aggrieved party if the
aggrieved party was subject to prohibited retaliation.
Encouragement of more generous policies.
A. Nothing in this Ordinance shall be construed to discourage or prohibit
a hiring entity from the adoption or retention of premium pay policies more
generous than the one required herein.
B. Nothing in this Ordinance shall be construed as diminishing the
obligation of a hiring entity to comply with any contract or other agreement
providing more generous protections to a designated worker than required by this
Ordinance.
Other legal requirements.
This Ordinance provides minimum requirements for premium pay while
working for a hiring entity during the COVID-19 emergency and shall not be
construed to preempt, limit, or otherwise affect the applicability of any other law,
regulation, requirement, policy, or standard that provides for higher premium pay,
or that extends other protections to designated workers; and nothing in this
Ordinance shall be interpreted or applied so as to create any power or duty in
conflict with federal or state law. Nothing in this Ordinance shall be construed as
Ordinance No. NS-XXX
Page 8 of 10
restricting a designated worker
for violation of their rights.
Severability.
The provisions of this Ordinance are declared to be separate and severable.
If any clause, sentence, paragraph, subdivision, section, subsection, or portion of
this Ordinance, or the application thereof to any hiring entity, designated worker,
person, or circumstance, is held to be invalid, it shall not affect the validity of the
remainder of this Ordinance, or the validity of its application to other persons or
circumstances.
Exemption for collective bargaining agreement.
All of the provisions of this Ordinance, or any part thereof, may be expressly
waived in a collective bargaining agreement, but only if the waiver is explicitly set
forth in the agreement in clear and unambiguous terms. Unilateral implementation
of terms and conditions of employment by either party to a collective bargaining
relationship shall not constitute a waiver of all or any of the provisions of this
Ordinance.
No waiver of rights.
Except for a collective bargaining agreement provision made pursuant to
this Ordinance, any waiver by a designated worker of any or all provisions of this
Ordinance shall be deemed contrary to public policy and shall be void and
unenforceable. Other than in connection with the bona fide negotiation of a
collective bargaining agreement, any request by a hiring entity to a designated
worker to waive rights given by this Ordinance shall be a violation of this
Ordinance.
Section 3. CEQA. The City Council determines that the adoption of this Ordinance
is exempt from environmental review under the California Environmental Quality Act
of Regulations, Chapter 3: this Ordinance is exempt under CEQA Guidelines Section
ct or indirect
physical changes in the environment.
Section 4. Severability. If any section or provision of this Ordinance is for any
reason held to be invalid or unconstitutional by any court of competent jurisdiction, or
contravened by reason of any preemptive legislation, the remaining sections and/or
provisions of this Ordinance shall remain valid. The City Council hereby declares that it
would have adopted this Ordinance, and each section or provision thereof, regardless of
the fact that any one or more section(s) or provision(s) may be declared invalid or
unconstitutional or contravened via legislation.
Ordinance No. NS-XXX
Page 9 of 10
Section5.Adoption, Certification, and Publication.The Clerk of the Council
shall certify the adoption of this Ordinance and shall cause the same to be published as
required by law.
ADOPTED this ______ day of _________, 2021.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
AYES:Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT:Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on _______________, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: ____________________________________________________
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 10of 10
ORDINANCE NO. NS-XXX
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING
PREMIUM PAY AND ASSOCIATED LABOR PROTECTIONS
FOR GROCERY AND RETAIL PHARMACY WORKERS
WORKING IN SANTA ANA
City Attorney Summary
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WHEREAS, the new coronavirus 19 (COVID-19) disease is caused by a virus
that spreads easily from person to person and may result in serious illness or death, and
is classified by the World Health Organization (WHO) as a worldwide pandemic; and
WHEREAS, COVID-19 has broadly spread throughout California and remains a
significant health risk to the community, especially members of our most vulnerable
populations; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom proclaimed a
state of emergency in response to new cases of COVID-19, directing state agencies to
use all resources necessary to prepare for and respond to the outbreak; and
WHEREAS, on March 17, 2020, the City Council approved Resolution No. 2020-
016 proclaiming the existence of a local emergency regarding COVID-19 and authorizing
the City Manager to exercise the emergency powers necessary to take extraordinary
measures to prevent death or injury of persons and to protect the public peace, safety
and welfare; and
WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued a
l non-essential workplaces, requiring
people to stay home except to participate in essential activities or to provide essential
business services, and banning all gatherings for social, spiritual, and recreational
purposes. In addition to healthcare, publi
Home grocery and retail pharmacy stores as
essential business sectors critical to protecting the health and well-being of all
Californians and designated their workers as essential critical infrastructure workers; and
WHEREAS, on December 3, 2020, Governor
WHEREAS, on January 25, 2021, Governor Newsom lifted the stay-at-home order,
returning California counties back
Ordinance No. NS-XXX
Page 1 of 11
WHEREAS, Orange County remains in the most restrictive purple tier, where many
non-essential business operations remain closed and the virus widespread; and
WHEREAS, as of February 25, 2021, the WHO Situation Report reported a global
total of 112,209,815 confirmed cases of COVID-19, including 2,490,776 deaths; California
reported 3,455,361 confirmed cases of COVID-19, including 49,877 deaths; and Santa
Ana has reported 43,835 cases of COVID-19, including 688 deaths; and
WHEREAS, grocery and retail pharmacy stores are essential businesses
operating in Santa Ana during the COVID-19 emergency, making grocery and retail
pharmacy workers highly vulnerable to economic insecurity and health or safety risks;
and
WHEREAS, grocery and retail pharmacy workers have been unable to work from
home, including those with children engaged in distance learning, and have therefore
likely incurred additional childcare expenses; and
WHEREAS, grocery and retail pharmacy workers are essential workers who
perform services that are fundamental to the economy and health of the community during
the COVID-19 crisis. They work in high risk conditions with inconsistent access to
protective equipment and other safety measures; work in public situations with limited
ability to engage in physical distancing; and continually expose themselves and the public
to the spread of disease; and
WHEREAS, premium pay, paid in addition to regular wages, is an established type
of compensation for employees performing hazardous duty or work involving physical
hardship that can cause extreme physical discomfort and distress; and
WHEREAS, during the early stages of the COVID-19 pandemic, many grocery
companies provided premium pay, which was generally implemented as either a
temporary hourly wage increase or a one-time bonus, but this practice has either
generally been phased out or terminated; and
WHEREAS, grocery and retail pharmacy workers working during the COVID-19
emergency merit additional compensation because they are performing hazardous duty
due to the significant risk of exposure to the COVID-19 virus. Grocery and retail pharmacy
workers have been working under these hazardous conditions for months. They are
working in these hazardous conditions now and will continue to face safety risks as the
virus presents an ongoing threat for an uncertain period, potentially resulting in
subsequent waves of infection. Additionally, new and potentially more contagious
variants of the coronavirus have now been detected in California; and
WHEREAS, the availability of grocery and retail pharmacy stores is fundamental
to the health of the community and is made possible during the COVID-19 emergency
because grocery and retail pharmacy workers are on the frontlines of this devastating
pandemic supporting public health, safety, and welfare by working in hazardous
situations; and
Ordinance No. NS-XXX
Page 2 of 11
WHEREAS, establishing an immediate requirement for grocery and retail
pharmacy stores to provide premium pay to grocery and retail pharmacy workers protects
public health, supports stable incomes, and promotes job retention by ensuring that
grocery and retail pharmacy workers are compensated for the substantial risks, efforts,
and expenses they are undertaking to provide essential services in a safe and reliable
manner during the COVID-19 emergency; and
WHEREAS, the City Council finds that this Ordinance is necessary for the
preservation of public peace, health, and safety of grocery and retail pharmacy workers
working in Santa Ana and finds urgency to approve this Ordinance immediately based on
the facts described herein and detailed in the staff report.
NOW, THEREFORE, the City Council of the City of Santa Ana ordains as follows:
Section 1. Incorporation of Recitals. The findings and determinations reflected
above are true and correct, and are incorporated by this reference herein as the cause
and foundation for the action taken by and through this Urgency Ordinance.
Section 2. PREMIUM PAY FOR GROCERY AND RETAIL PHARMACY
WORKERS
Purpose.
As a result of the COVID-19 pandemic
by California Governor Gavin Newsom, this Ordinance aims to protect and
promote the public health, safety, and welfare during the new coronavirus 19
(COVID-19) emergency by requiring grocery and retail pharmacy stores to
provide premium pay for grocery and retail pharmacy workers performing work in
Santa Ana. Requiring grocery and retail pharmacy stores to provide premium pay
to grocery and retail pharmacy workers compensates grocery and retail pharmacy
workers for the risks of working during a pandemic. Grocery and retail pharmacy
workers face magnified risks of catching and/or spreading the COVID-19 disease
because the nature of their work involves close contact with the public, including
members of the public who are not showing symptoms of COVID-19 but who can
spread the disease. The provision of premium pay better ensures the retention of
these essential workers who are on the frontlines of this pandemic providing
essential services and who are needed throughout the duration of the COVID-19
emergency. As such, they are deserving of fair and equitable compensation for
their work.
Short title.
This OGrocery and Retail
Pharmacy
Definitions.
For purposes of this Ordinance:
Ordinance No. NS-XXX
Page 3 of 11
designated worker,
garnishing gratuities, temporarily or permanently denying or limiting access to
work, incentives, or bonuses, offering less desirable work, demoting, terminating,
deactivating, putting a designated worker on hold status, failing to rehire after a
seasonal interruption of work, threatening, penalizing, retaliating, or otherwise
discriminating against a designated worker for any reason prohibited by this
Ordinance.
person acting on the designated worker
from exercising any right afforded by this Ordinance.
designated worker or other person who suffers
s violation of this
Ordinance.
Santa Ana.
Designated means a grocery worker or retail pharmacy worker
employed by a hiring entity who is entitled to premium pay pursuant to this
Ordinance.
employed by a hiring entity at a grocery
store for hourly compensation, including a worker who has full-time employment,
part-time employment, joint employment, temporary employment, or employment
through the services of a temporary services or staffing agency.
of its business to retailing a general range of food products, which may be fresh or
packaged, and/or a store that has at least fifteen thousand square feet (15,000 sf)
of floor space dedicated to retailing a general range of food products. There is a
rebuttable presumption that if a store receives seventy percent (70%) or more
revenue from retailing a general range of food products, or if a store has at least
fifteen thousand square feet (15,000 sf) of floor space dedicated to retailing a
general range of food products, then it qualifies as a grocery store.
or retail pharmacy that employs over
three hundred (300) workers nationally and employs more than fifteen (15)
employees per grocery store location or retail pharmacy location in the City of
Santa Ana. For purposes of this section, the number of workers counted toward
the national total shall encompass all employees who work for compensation,
including employees not covered by this Ordinance.
cash compensation owed to a designated worker
that is in addition to existing base salary, commissions, tips, gratuities,
bonuses, or any other form of payment owed to the worker, including, but not
limited to, any holiday, overtime, or vacation pay, or other benefits such as
additional sick leave pay, retirement contributions, or store discounts.
Ordinance No. NS-XXX
Page 4 of 11
grocery store, retail pharmacy, parent company or
any person who is alleged or found to have committed a violation of this Ordinance.
means a corporate or chain (three or more locations
nationally) pharmacy or publicly-traded company that is licensed as a pharmacy
by the State of California and that dispenses medications to the general public at
retail prices. Such term does not include a pharmacy that dispenses prescription
medications to patients primarily through the mail, nursing home pharmacies, long-
term care facility pharmacies, hospital pharmacies, clinics, charitable or not-for-
profit pharmacies, government pharmacies, or pharmacy benefit managers.
means a worker employed by a hiring entity at a
retail pharmacy for hourly compensation, including a worker who has full-time
employment, part-time employment, joint employment, temporary employment, or
employment through the services of a temporary services or staffing agency.
Designated worker coverage.
For the purposes of this Ordinance, covered designated workers are limited
to those who perform work for a hiring entity where the work is performed in the
City of Santa Ana.
Hiring entity coverage.
A. For purposes of this Ordinance, hiring entities are limited to those
who employ three hundred (300) or more designated workers nationally and
employ more than fifteen (15) employees per grocery store or retail pharmacy
location in the City of Santa Ana.
B. To determine the number of designated workers employed for the
current calendar year:
1. The calculation is based upon the average number per
calendar week of designated workers who worked for compensation during the
preceding calendar year for any and all weeks during which at least one (1)
designated worker worked for compensation. For hiring entities that did not have
any designated workers during the preceding calendar year, the number of
designated workers employed for the current calendar year is calculated based
upon the average number per calendar week of designated workers who worked
for compensation during the first ninety (90) calendar days of the current year in
which the hiring entity engaged in business.
2. All designated workers who worked for compensation shall be
counted, including but not limited to:
(a) Grocery workers and retail pharmacy workers who are
not covered by this Ordinance; and
Ordinance No. NS-XXX
Page 5 of 11
(b) Designated workers who worked in Santa Ana.
Premium pay requirement.
A. Hiring entities shall provide each designated worker with premium
pay consisting of an additional four dollars ($4.00) per hour for each hour worked.
B. Hiring entities shall provide the pay required by this Ordinance for a
minimum of one hundred twenty (120) days from the effective date of this
Ordinance.
C. If a hiring entity already provides hourly premium pay as of the
effective date of this Ordinance, such compensation may be credited towards the
additional four dollars per hour of premium pay required by this Ordinance.
Accordingly, compliance with this Ordinance may be achieved if a hiring entity
provides hourly premium pay in the full amount required by this Ordinance as of
the effective date of this Ordinance and for the duration of its effectiveness,
provided that all other requirements of this Ordinance are satisfied. In no event
shall premium pay provided prior to the effective date of this Ordinance be credited
towards the premium pay required by this Ordinance.
D. Unless extended by the City Council, this Ordinance shall expire in
one hundred twenty (120) days from its effective date.
Designated worker and consumer protections.
A. No hiring entity shall, as a result of this Ordinance going into effect,
take any of the following actions:
1. Reduce a designated worker compensation
by reducing the base wage rate, overtime, holiday or other premium pay rate,
hours of work, vacation, pension contributions, or other non-wage benefits of any
designated worker, or by increasing charges to any designated worker for parking,
uniforms, meals, or other work-related materials or equipment;
2. Limit a designated worker
B. It shall be a violation if this Ordinance is a motivating factor in a hiring
immediately above, unless the hiring
entity can prove that its decision to take the action(s) would have happened in the
absence of this Ordinance going into effect.
Notice of rights.
A. Hiring entities shall provide covered designated workers with a
written notice of rights established by this Ordinance. The notice of rights shall be
in a form and manner sufficient to inform designated workers of their rights under
this Ordinance. The notice of rights shall provide information on:
Ordinance No. NS-XXX
Page 6 of 11
1. The right to premium pay guaranteed by this Ordinance;
2. The right to be protected from retaliation for exercising in good
faith the rights protected by this Ordinance; and
3. The right to bring a civil action for a violation of the
as required
against a covered designated worker or other person for asserting the right to
premium pay or otherwise engaging in an activity protected by this Ordinance.
B. Hiring entities shall provide the notice of rights required by posting a
written notice of rights in a location of the grocery store or retail pharmacy location
utilized by employees for breaks, and in an electronic format that is readily
accessible to the designated workers. The notice of rights shall be made available
to the designated workers via smartphone application or an online web portal, in
English and any language that the hiring entity knows or has reason to know is the
primary language of the designated worker(s).
Hiring entity records.
A. Hiring entities shall retain records that document compliance with
this Ordinance for covered designated workers.
B. Hiring entities shall retain the records required above for a period of
two (2) years.
C. If a hiring entity fails to retain adequate records required under the
Ordinance, there shall be a presumption, rebuttable by clear and convincing
evidence, that the hiring entity violated this Ordinance for each covered designated
worker for whom records were not retained.
Retaliation prohibited.
No hiring entity employing a designated worker shall discharge, reduce in
compensation, or otherwise discriminate against any designated worker for
opposing any practice proscribed by this Ordinance, for participating in
proceedings related to this Ordinance, for seeking to exercise their rights under
this Ordinance by any lawful means, or for otherwise asserting rights under this
Ordinance.
Violation.
The failure of any respondent to comply with any requirement imposed on
the respondent under this Ordinance is a violation.
Ordinance No. NS-XXX
Page 7 of 11
Remedies.
A. The payment of unpaid compensation, liquidated damages, civil
penalties, penalties payable to aggrieved parties, fines, and interest provided
under this Ordinance is cumulative and is not intended to be exclusive of any other
available remedies, penalties, fines, and procedures.
B. A respondent found to be in violation of this Ordinance for retaliation
prohibited by this Ordinance shall be subject to any appropriate relief at law or
equity including, but not limited to reinstatement of the aggrieved party, front pay
in lieu of reinstatement with full payment of unpaid compensation plus interest in
favor of the aggrieved party under the terms of this Ordinance, and liquidated
damages in an additional amount of up to twice the unpaid compensation.
Private right of action.
Any covered designated worker that suffers financial injury as a result of a
violation of this Ordinance, or is the subject of retaliation prohibited by this
Ordinance, may bring a civil action in a court of competent jurisdiction against the
hiring entity or other person violating this Ordinance and, upon prevailing, may be
awarded reasonable attorneyfees and costs and such legal or equitable relief as
may be appropriate to remedy the violation including, without limitation: the
payment of any unpaid compensation plus interest due to the person and
liquidated damages in an additional amount of up to twice the unpaid
compensation; and a reasonable penalty payable to any aggrieved party if the
aggrieved party was subject to prohibited retaliation.
Encouragement of more generous policies.
A. Nothing in this Ordinance shall be construed to discourage or prohibit
a hiring entity from the adoption or retention of premium pay policies more
generous than the one required herein.
B. Nothing in this Ordinance shall be construed as diminishing the
obligation of a hiring entity to comply with any contract or other agreement
providing more generous protections to a designated worker than required by this
Ordinance.
Other legal requirements.
This Ordinance provides minimum requirements for premium pay while
working for a hiring entity during the COVID-19 emergency and shall not be
construed to preempt, limit, or otherwise affect the applicability of any other law,
regulation, requirement, policy, or standard that provides for higher premium pay,
or that extends other protections to designated workers; and nothing in this
Ordinance shall be interpreted or applied so as to create any power or duty in
conflict with federal or state law. Nothing in this Ordinance shall be construed as
Ordinance No. NS-XXX
Page 8 of 11
restricting a designated worker
for violation of their rights.
Severability.
The provisions of this Ordinance are declared to be separate and severable.
If any clause, sentence, paragraph, subdivision, section, subsection, or portion of
this Ordinance, or the application thereof to any hiring entity, designated worker,
person, or circumstance, is held to be invalid, it shall not affect the validity of the
remainder of this Ordinance, or the validity of its application to other persons or
circumstances.
Exemption for collective bargaining agreement.
All of the provisions of this Ordinance, or any part thereof, may be expressly
waived in a collective bargaining agreement, but only if the waiver is explicitly set
forth in the agreement in clear and unambiguous terms. Unilateral implementation
of terms and conditions of employment by either party to a collective bargaining
relationship shall not constitute a waiver of all or any of the provisions of this
Ordinance.
No waiver of rights.
Except for a collective bargaining agreement provision made pursuant to
this Ordinance, any waiver by a designated worker of any or all provisions of this
Ordinance shall be deemed contrary to public policy and shall be void and
unenforceable. Other than in connection with the bona fide negotiation of a
collective bargaining agreement, any request by a hiring entity to a designated
worker to waive rights given by this Ordinance shall be a violation of this
Ordinance.
Section 3. Urgency Findings. Pursuant to Santa Ana City Charter Sections 415
and 417, this Ordinance is declared by the City Council to be necessary as an emergency
measure to protect and preserve the health, safety and welfare of the citizens of the City
of Santa Ana and will become effective immediately if passed by the affirmative votes of
at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds
that there is an urgent need to adopt these regulations in order to address the current and
immediate threats set forth above. Given the uncertain and evolving nature of the COVID-
19 pandemic, the premium pay and associated protections must be immediately
implemented to ensure that grocery and retail pharmacy workers continue working and
providing these essential services to the residents of Santa Ana and the region generally.
These workers have already been working for many months through this pandemic.
Grocery and retail pharmacy workers face magnified risks of catching and/or spreading
COVID-19 because the nature of their work involves close contact with the public,
including members of the public who are not showing symptoms of COVID-19 but who
can still transmit the disease. The provision of premium pay better ensures the retention
of these essential workers who are on the frontlines of this pandemic providing essential
Ordinance No. NS-XXX
Page 9 of 11
services and who are needed throughout the duration of it. This urgency ordinance is
needed during the emergency in the interest of maintaining access to and continuity in
essential grocery and pharmacy services.
Section 4.CEQA.The City Council determines that the adoption of this Urgency
Ordinance is exempt from environmental review under the California Environmental
following provisions of the CEQA Guidelines, 14
California Code of Regulations, Chapter 3: this Urgency Ordinance is exempt under
not result in direct or indirect physical changes in the environment.
Section5.Severability.If any section or provision of this Urgency Ordinance is
for any reason held to be invalid or unconstitutional by any court of competent jurisdiction,
or contravened by reason of any preemptive legislation, the remaining sections and/or
provisions of this Urgency Ordinance shall remain valid.The City Council hereby declares
that it would have adopted this Urgency Ordinance, and each section or provision thereof,
regardless of the fact that any one or more section(s) or provision(s) may be declared
invalid or unconstitutional or contravened via legislation.
Section6.Adoption, Certification, and Publication.The Clerk of the Council
shall certify the adoption of this Ordinance and shall cause thesame to be published as
required by law.
ADOPTED this ______ day of _________, 2021.
Vicente Sarmiento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:_________________________
John M. Funk
Sr. Assistant City Attorney
Ordinance No. NS-XXX
Page 10of 11
AYES: Councilmembers ______________________________________
NOES: Councilmembers _______________________________________
ABSTAIN: Councilmembers _______________________________________
NOT PRESENT: Councilmembers _______________________________________
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the
City of Santa Ana on _______________, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date: ________________ ____________________________________
Clerk of the Council
City of Santa Ana
Ordinance No. NS-XXX
Page 11 of 11
City Manager Office
www.santa-ana.org/cm
Item # 31
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Ad Hoc Commmittees
AGENDA TITLE:
Establish City Council Ad Hoc Committees: Solid Waste, Housing, School Collaboration,
and Homeless Ad Hoc Committees
RECOMMENDED ACTION
It is recommended that the Mayor establish the following City Council ad hoc committees:
1. Solid Waste Ad Hoc Committee
2. Housing Ad Hoc Committee
3. School Collaboration Ad Hoc Committee
4. Homeless Ad Hoc Committee
DISCUSSION
As local elected officials, members of the City Council engage in policymaking relating to
matters of importance for City of Santa Ana. While some policy issues may be routine in
nature, from time to time the City Council is presented with specific issues, which require
the establishment of an ad hoc committee to meet for a limited time duration to address
such issues. Ad hoc committees are established by the Mayor and at his discretion.
The City Council has been presented with the following pressing issues, which are highly
complex and require a short-term, specific discussion through an ad hoc committee: solid
waste, housing, school collaboration, and homeless. Mayor Sarmiento has requested the
establishment of the aforementioned ad hoc committees to address the limited scope of
each topic.
To move forward in the most efficient manner, staff is requesting that the City Council
establish the aforementioned ad hoc committees in compliance with the Ralph M. Brown
Act. In establishing ad hoc committees, the City Council must articulate the specific task
or objective that the ad hoc committee is expected to complete or perform and further
requires the City Council to establish a time frame for the completion of that task or
objective. If established as requested, the proposed ad hoc committees will each meet to
carry out a specific purpose and for a limited duration of time as further discussed below.
Ad Hoc Commmittees
March 2, 2021
Page 2
The Ralph M. Brown Act (Gov. Code, § 54950-54963; the “Act”) generally provides that
the legislative body of a local agency must hold its meetings open to the public except as
expressly provided in the Act. (Gov. Code, § 54953(a).) Section 54952 of the Act defines
legislative body to include:
The governing body of a local agency or any other local body created by state or
federal statute.
A commission, committee, board, or other body of a local agency, whether
permanent or temporary, decision making or advisory, created by charter,
ordinance, resolution, or formal action of a legislative body.
Standing committees of a legislative body irrespective of their composition, which
have continuing subject matter jurisdiction, or a meeting schedule fixed by
charter, ordinance, resolution, or formal action of a legislative body.
Advisory bodies in general and all standing committees must comply with the
open meeting requirements of the Brown Act. However, advisory committees,
commonly referred to as ad hoc committees, “composed solely of the members
of the legislative body which are less than a quorum of the legislative body” are
not subject to the Act’s open meeting requirements. (Gov. Code, § 54952(b).)
In forming an ad hoc committee, best practices require the City Council to articulate the
specific task or objective that the ad hoc committee is expected to complete or perform
and further requires the City Council to establish a time frame for the completion of that
task or objective. Once created, the ad hoc committee should report back to the City
Council at a noticed public meeting on the committee’s progress, within the time period
established by the City Council at the time the committee is created. Once the ad hoc
committee’s task or objective is completed, the ad hoc committee is required to report
back to the City Council, at which point the ad hoc committee will be dissolved. The
actions and reports of each ad hoc committee should be reflected in the City Council
meeting minutes.
The proposed Ad Hoc Committees are as follows:
Solid Waste Ad Hoc Committee
Composed solely of three members of the City Council, appointed by the Mayor
Serves in an advisory capacity to the City Council
Studies, reviews, and/or discusses the following topic: Solid waste services
competitive request for proposals process
Reports in intervals as needed
Automatically dissolves upon the report to the full City Council
Housing Ad Hoc Committee
Composed solely of three members of the City Council, appointed by the Mayor
Serves in an advisory capacity to the City Council
Ad Hoc Commmittees
March 2, 2021
Page 3
Studies, reviews, and/or discusses the following topics: Housing Element,
General Plan amendments, Housing Opportunity Ordinance, and rent
stabilization
Reports in intervals as needed
Automatically dissolves upon the report to the full City Council
School Collaboration Ad Hoc Committee
Composed solely of three members of the City Council, appointed by the Mayor
Serves in an advisory capacity to the City Council
Studies, reviews, and/or discusses the following topics: collaboration with the
Santa Ana Unified School District and other school districts which provide
services to Santa Ana residents relating to advancing programs and services for
residents; and existing and future joint-use agreements for City-owned and
school district-owned facilities
Reports in intervals as needed
Automatically dissolves upon the report to the full City Council
Homeless Ad Hoc Committee
Composed solely of three members of the City Council, appointed by the Mayor
Serves in an advisory capacity to the City Council
Studies, reviews, and/or discusses the following topics: current state of homeless
services and homelessness in Santa Ana; how to provide relief to residents,
business owners, and other community members
Report in intervals as needed
Automatically dissolves upon the report to the full City Council
To ensure progress, the ad hoc committees should report to the City Council at regular
intervals (e.g. three months, six months, and nine months) with the expectation that a
final set of recommendations shall be prepared within one year, for consideration by the
City Council.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By:Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
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Successor Agency
https://www.santa-ana.org/cd
Item # 3
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
March 2, 2021
TOPIC: Quarterly Report of Contracts
AGENDA TITLE:
Receive and File the Quarterly Report of Contracts entered into by the City Manager
(September 1, 2020 – December 31, 2020)
RECOMMENDED ACTION
Receive and file.
DISCUSSION
On November 19, 2012, the City Council of the City of Santa Ana acting as Successor
Agency to the former Community Redevelopment Agency of the City of Santa Ana
(Successor Agency) established the City Manager’s authority to execute agreements in
an amount not to exceed $25,000. This authority required the submission of a quarterly
report to the Successor Agency at a public meeting on all such agreements, including the
names of contractors and the amounts of each contract.
On February 4, 2020, the City Council of the City of Santa Ana acting as Successor
Agency adopted Resolution 2020-002 to increase the City Manager’s contract authority
to $50,000 to be consistent with the 2019 approved limits of the City Manager for non-
public works contracts. The requirement to provide a quarterly report remained the
same. There were no agreements that were entered into during the period of September
1, 2020 through December 31, 2020.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By:Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager