HomeMy WebLinkAbout FULL AGENDA PACKET_2021-04-20City Council Meeting Packet
April 20, 2021
CLOSED SESSION MEETING - 5:00 PM
REGULAR OPEN MEETING - 5:45 PM
(Immediately following the Closed Session Meeting)
CITY COUNCIL CHAMBER
22 Civic Center Plaza Santa Ana, CA 92101
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Thai Viet Phan
Councilmember—Ward 1
Jessie Lopez
Councilmember- Ward 3
Johnathan Ryan Hernandez
Councilmember- Ward 5
Sonia R. Carvalho
City Attorney
Vicente Sarmiento
Mayor
David Penaloza
Mayor Pro Tern - Ward 2
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Phil Bacerra
Councilmember- Ward 4
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Nelida Mendoza
Councilmember- Ward 6
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Mayor and Council telephone: 714-647-6900
Agenda item inquiries: 714-647-6520
Kristine Ridge
City Manager
Daisy Gomez
Clerk of the Council
In compliance with the Arneriean5 with Disabilities Act (ADA), if you need special assislance to participate in this Meeting,
lacontact Michael Ortiz. City ADA Program Coordinator. at (714) 647-5624. Notification 48 hours prior to the Meeting will enable
the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting
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City Council 1 4/20/2021
CITY VISION AND CODE OF ETHICS
The City of Santa Ana is committed to achieving a shared vision for the organization and its
community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful
and inclusive process designed to set the City and organization on a course that meets the
challenges of today and tomorrow, as follows.
Vision - The dynamic center of Orange County which is acclaimed for our: Investment in
youth • Safe and healthy community • Neighborhood pride • Thriving economic climate
Enriched and diverse culture • Quality government services
Mission - To deliver efficient public services in partnership with our community which ensures
public safety, a prosperous economic environment, opportunities for our youth, and a high
quality of life for residents.
Guiding Principles- Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility
Innovation • Transparency
Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008,
voters approved an amendment to the City Charter which established the Code of Ethics and
Conduct for elected officials and members of appointed boards, commissions, and
committees to assure public confidence. The following are the core values expressed:
Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency
City Council 2 4/20/2021
Due to Governor Gavin Newsom's Executive Order and the City Council's Proclamation of
Local Emergency, there will be no in -person meeting location for members of the public to
attend the City Council meeting. The City Council meeting will occur live via teleconference
Zoom webinar. You may view the meeting from your computer, tablet or smart phone via
YouTube LiveStream at,ul.vy.m/,on CTV3, available on
Spectrum channel 3 and AT&T U-verse channel 99.
PUBLIC COMMENTS — Members of the public who wish to address the City Council on
closed session items, items on the regular agenda or on matters which are not on the
agenda, but are within the subject matter jurisdiction of the City Council may do so by:
1. MAILING OPTION written communications — Public comments may be mailed to: Office of
the Clerk of the Council, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written
communications received via mail by 4:00 p.m. on the day of the meeting will be distributed
to the City Council and imaged into the City's document archive system which is available for
public review.
2. SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's
office at!:lrK! rr6rrsa r�l(i iir anla n .=rrc . Please note the agenda item you are commenting on in
the subject line of the email. All emails received before 4:00 p.m. on the day of the meeting
will be distributed to the City Council and imaged into the City's document archive system
which is available for public review.
3. PROVIDING LIVE COMMENTS OPTION — Members of the public may provide live
comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type
the following address into your web browser.Y.:l:t .;;i ((�q J?.?uy. .::zf,)j�tr,,Ual . To join
the Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149#. You will be
prompted by the City Clerk when it is time for i) general public comment, ii) to speak on a
specific agenda item or iii) for a public hearing item. You may request to speak by dialing "9
from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the
last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must
press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify
themselves by name. Each caller will be provided three (3) minutes to speak, unless due to
the number of speakers wanting to speak a decision is made to provide a different amount of
time to speak.
LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS — You can provide live
comments on closed session items by joining Zoom or the Conference Call as described in
the LIVE COMMENTS OPTION above. Speaker queue will open at 4:30 p.m. YOU
MUST JOIN ZOOM OR THE CONFERENCE CALL BY 5:00 p.m. Speakers who are not in
the speaker queue by 5:00 p.m. will not be permitted to speak.
LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA
ITEMS (GENERAL PUBLIC COMMEN 1) — You can provide comments byjoining Loam or
the Conference Call as described in the LIVE COMMENTS OPTION above. Speaker queue
will open at 4:30 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL PRIOR TO
6:00 p.m. Speakers who are not in the speaker queue by 6:00 p.m. will not be permitted to
speak.
City Council 3 4/20/2021
LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS — You can provide comments
by joining Zoom or the Conference Call as described in the LIVE COMMENTS OPTION
above. Speakers not in the queue by 6:00 p.m. will not be permitted to speak.
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for
each agenda item, you must select the agenda item to see the attachments to either open in
a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tom
Mayor
City Manager
City Attorney
Clerk of the Council
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
PUBLIC COMMENTS — Members of the public may address the City Council on Closed
Session items.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
1. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION pursuant to
Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code -
A. Randy Saunders V. City of Santa Ana; Workers' Compensation Appeals Board
Case #ADJ11212513
B. City of Santa Ana v. JPacific International. et al., Orange County Superior Court,
Case No.30-2021-01183801
2. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION Significant
exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section
54956.9 of the Government Code: One Case
City Council 4 4/20/2021
A. El Centro Cultural de Mexico 837 N. Ross
3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government
Code Section 54956.8:
Address of Property: 625 S. Cypress Avenue, Santa Ana, CA 92701 (APN# 404-102-
06)
Negotiators: City Manager Kristine Ridge
Negotiating Party: T.R. Customs, Owner, Taylor J. Rudd
Terms: Potential Sale of Cypress Fire Station
CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
RECESS — City Council will recess to Closed Session for the purpose of conducting regular
City business.
RECONVENE — City Council will reconvene to continue regular City business.
City Council 5 4/20/2021
CALL TO ORDER
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Moment of Reflection
CEREMONIAL PRESENTATIONS
Certificate of Recognition Presented by Mayor Sarmiento to Jeff Jensen of Chapter
One in Recognition of the 10-Year Anniversary and Outstanding Contributions to the
Community.
2. Certificate of Recognition Presented by Councilmember Lopez to Orange County Fire
Authority Fire Captain Robert Richardson for 35 Years of Outstanding Service.
3. Certificate of Recognition Presented by Councilmember Mendoza to Alianza
Translatinx for Outstanding Contributions to the Community.
4. Proclamation Presented by Councilmembers Phan and Bacerra to Pivot Network
Recognizing Black April, the Fall of Saigon.
5. COVID-19 Update in the Community.
6. Friends of Santa Ana Zoo
CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed
Session.
PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for
ALL comments on agenda and non -agenda items, with the exception of public hearings.
Comments for public hearings will take place after the hearing is opened.
CONSENT CALENDAR
RECOMMENDED ACT/ON: Approve staff recommendations on the following
Consent Calendar Items: 7 through 27.
7. Excused Absences
Department(s): Clerk of the Council
Recommended Action: Excuse the absent members.
City Council 6 4/20/2021
8. Minutes from the Regular, Special, Housing Authority, and Successor Agency Meetings
of March 2, 2021
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
9. Appoint Andrea Harris Nominated by Mayor Pro Tern Penaloza as the Ward 2
Representative to the Arts and Culture Commission for a Partial -Tenn
Expiring December 13, 2022
Department(s): Clerk of the Council
Recommended Action: Appoint Andrea Harris to the Arts and Culture Commission
representing Ward 2.
10. Receive and File Certification of Approval by City Engineer of Final Tract Map 2017-
02 (610 South Newhope Street) (Applicant Steven Jones; Owner. Rocky L.Y.
Diamond, LLC)
Department(s): Public Works Agency
Recommended Action: Receive and file certification of approval by City Engineer of
final Tract Map 2017-02 (640 S Newhope Street).
11. Receive and File Citywide Sidewalk Replacement Program Update
Department(s): Public Works Agency
Recommended Action: Receive and file citywide Sidewalk Replacement Program
update.
12. Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2020
Department(s): Finance and Management Services
Recommended Action: Receive and file the Single Audit Report for the Fiscal Year
ended June 30, 2020.
13. Adopt a Resolution Accepting Grant Funds from the California State Library for the
Workforce Partnership Initiative Project and Approve an Appropriation Adjustment to
Recognise and Appropriate the Grant Fund (Non -General Fund)
Department(s): Library
Recommended Action: 1. Resolution No. 2021-XXX — Adopt a resolution
accepting grant funds in the amount of $16,500 from the California State Library for
the Workforce Partnership Initiative project to offer workforce training to Santa Ana
residents and authorize the City Manager and her designee, the Library Services
Director, to complete, sign, and deliver any required document as it relates to the
grant and its implementation.
City Council 7 4/20/2021
2. Approve an appropriation adjustment (2021-162) to recognize $16,500 in grant
revenue from the California State Library and appropriate $16,500 into the
corresponding expenditure accounts (Public Library Grant Fund) in implementing the
program. (Requires five affirmative votes)
14. Award a Purchase Order Contract to Dave Bang Associates, Inc. to Provide Fabric
Shade Canopies over the Fitness Courts Located at Cabrillo, Delhi, El Salvador,
Heritage, Jerome, Lillie King, Rosita and Thornton Parks, in an Amount Not to Exceed
$151,401.62 (Non -General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Award a purchase order contract to Dave Bang Associates,
Inc. to provide custom fabric shade canopies over the fitness courts located at
Cabrillo, Delhi, El Salvador, Heritage, Jerome, Lillie King, Rosita and Thornton Parks
in an amount not to exceed $151,401.62, subject to non -substantive changes
approved by the City Manager and City Attorney.
15. Award Purchase Orders to Safeway Sign Company and Zumar Industries, Inc. for
Traffic and Street Name Signs, for tlp to a Five -Year Term, in an Aggregate Arnount
not to Exceed $850,000 (General and Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Award blanket purchase order contracts to Safeway Sign
Company and Zumar Industries, Inc. for the purchase of traffic and street name signs
for a three-year period beginning April 27, 2021 and expiring April 26, 2024, with
provisions for two, one-year renewals exercisable by the City Manager, in an
aggregate shared amount not to exceed $850,000, subject to non -substantive
changes approved by the City Manager and City Attorney.
16. Award a Purchase Order in the Amount of $145.939 for One John Deere 410L
Backhoe to Bragg Investment Company Inc., DBA Coastline Equipment
(Specification No. 20-138) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 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, with 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.
17. Award a Purchase Order in an Amount not to Exceed $89,257 to National Auto Fleet
Group for One Ford Transit Crew to be Used as a Zoomobile for the Santa Ana Zoo
(Specification No. 21-007) (Cannabis Public Benefit Fund)
Department(s): Public Works Agency and Parks, Recreation, and Community
Services
City Council 8 4/20/2021
Recommended Action: Authorize a one-time purchase and payment of purchase
order to National Auto Fleet Group for the purchase of one Ford Transit Crew T-350
van, in the amount of $84,257, plus a contingency of $5,000, for a total amount not to
exceed $89,257, subject to non -substantive changes approved by the City Manager
and City Attorney.
18. Award a Construction Contract to Best Contracting Services, Inc., in the Amount of
$491,188 for the Main Library Roof Improvements Project With an Estimated Project
Delivery Cost of $552,000 and Amend the Fiscal Year 2020-21 Capital Improvement
Program (Project No. 21-7536) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Award a Construction Contract to Best Contracting
Services, Inc., the lowest responsible bidder, in accordance with the Base Bid in the
amount of $491,188, for construction of the Main Library Roof Improvements Project,
for the term beginning April 20, 2021 and ending upon project completion. Authorize
the City Manager to execute the contract subject to non -substantive changes
approved by the City Manager and City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost
of $552,000, which includes $491,188 for the construction contract, $20,812 for
contract administration, inspection and testing, and a $40,000 project contingency for
unanticipated or unforeseen work to be funded from Community Development Block
Grant (CDBG) funds.
3. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement
Program to include $552,000 in construction funds for the Main Library Roof
Improvements Project, to be funded from CDBG funds.
19. Approve an Agreement with Edgeworth Integration, LLC for the Purchase and
Installation of Security Cameras at the Santa Ana Zoo at Prentice Park in the Amount
of $82,359.67, and for Annual Monitoring and Maintenance in an Annual Amount of
$51,000, with a Three -Year Not -to -Exceed Amount of $153,000, for a Total Not -to -
Exceed Amount of 235,359.67 (General Fund)
Department(s): Parks, Recreation, and Community Services
Recommended Action: Authorize the City Manager to execute an agreement with
Edgeworth Integration, LLC for the Purchase and Installation of Security Cameras at
the Santa Ana Zoo at Prentice Park in the Amount of $82,359.67, and for Annual
Monitoring and Maintenance in an Annual Amount of $51,000, with a Three -Year Not -
to -Exceed Amount of $153,000, for a Total Not -to -Exceed Amount of 235,359.67,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
20. Approve an Amendment to Agreement with Data Ticket, Inc. in the Amount of
$1,007,685 for Parking Citation Processing Services for the Police Department
(General and Non -General Fund)
City Council 9 4/20/2021
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute an amendment to the
agreement with Data Ticket, Inc. for parking citation processing services in the
amount of $1,007,685 for the period of April 20, 2021 through February 6, 2022,
subject to non -substantive changes approved by the City Manager and City Attorney
(Agreement No. 2021-XXX).
21. Approve a $1,687,047 Loan Agreement with North Harbor Housing Partners LP for a
55-Year Term for the Development of the North Harbor Village Affordable Housing
Project; Approve a Future Subordination Agreement with JP Morgan Chase Bank,
N.A.; Approve a Future Subordination Agreement with the State of California
Department of Housing and Community Development (Non -General Fund)
Department(s): Community Development Agency
Recommended Action: 1. Authorize the City Manager to execute a loan agreement
with North Harbor Housing Partners LP (c/o Jamboree Housing Corporation) for
$1,687,047 in Community Development Block Grant funds for the development of the
North Harbor Village affordable housing project located at 1108 N Harbor Boulevard,
Santa Ana, CA 92701, subject to non -substantive changes approved by the City
Manager and City Attorney (Agreement No. 2021-XXX).
2. Authorize the City Manager to execute two future Subordination Agreements with
Union Bank and Jamboree Housing for the City's Community Development Block
Grant loan agreement with North Harbor Housing Partners LP, prior to the execution of
the loan agreement, subject to non -substantive changes approved by the City
Manager and City Attorney.
3. Authorize the City Manager to execute a future Subordination Agreement with the
State of California Department of Housing and Community Development, for the
City's Community Development Block Grant loan agreement with North Harbor
Housing Partners LP, after the North Harbor Village affordable housing project is
complete, subject to non -substantive changes approved by the City Manager and City
Attorney.
22. Approve an Agreement With IDS Group for Design Services for Pacific Electric Bike
Trail Phase 2 and Sandpointe Park Security Lighting in an Amount not to Exceed
$71,556 for a Three -Year Term (Project Nos. 21-2726 and 21-2728) (Non -General
Fund)
Department(s): Public Works Agency and Parks, Recreation and Community
Services
Recommended Action: Authorize the City Manager to execute an agreement with
IDS Group to provide concept design, design development, and contract documents
for the Pacific Electric Bike Trail Phase 2 and Sandpointe Park Security Lighting
project in the amount of $65,051, with a contingency of $6,505, for a total amount not
to exceed $71,556, for a three-year term beginning April 20, 2021 and expiring April
City Council 10 4/20/2021
20, 2024, with an option for two, one-year extensions, subject to non -substantive
changes approved by the City Manager and City Attorney (Agreement No. 2021-
XXX).
23. Approve Agreement with Little Diversified Architectural Consulting Inc. for Design and
Construction Services for 17th Street Triangle Park Renovation in an Amount not to
Exceed $81,323 for a Three -Year Term (Project No. 21-2741) (Non -General Fund)
Department(s): Public Works Agency and Parks, Recreation and Community
Services
Recommended Action: Authorize the City Manager to execute an agreement with
Little Diversified Architectural Consulting Inc. to complete plans, specifications, and a
cost estimate for the 17th Street Triangle Park Renovation Project in the amount of
$73,930, with a 10 percent contingency of $7,393 in an amount not to exceed
$81,323 for a three-year term beginning April 20, 2021 and expiring April 19, 2024,
with an option for two, one-year extensions, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2021-XXX).
24. Approve Agreement with CLR Design, Inc. for Bidding and Construction
Administration Services for the Santa Ana Zoo Giant River Otter and Primate Trails
Project in the Amount of $106,980 With an Estimated Total Cost of $118,000 (Project
No. 16-2658) (Non -General Fund)
Department(s): Public Works Agency and Parks, Recreation and Community
Services
Recommended Action: Authorize the City Manager to execute an agreement with
CLR Design, Inc. for Bidding and Construction Administration Services for the Santa
Ana Zoo Giant River Offer and Primate Trails Project, for a two-year period beginning
April 20, 2021 and expiring April 20, 2023, with provisions for two one-year renewal
options exercisable by the City Manager and City Attorney, in an amount not to
exceed $118,000, including any renewals, subject to non -substantive changes
approved by the City Manager and City Attorney (Agreement No. 2021-XXX).
25. Approve a Three -Year Agreement with the Orange County School of the Arts for
School Resource Officer Services in the amount of $829,560 (General Fund)
Department(s): Police Department
Recommended Action: Authorize the City Manager to execute a three-year
agreement with Orange County School of the Arts (OCSA), which provides for the
Santa Ana Police Department to staff one full time School Resource Officer to the
academic institution, for the period of April 1, 2021 through March 31, 2024, in an
amount not to exceed $829,560, subject to non -substantive changes and approval by
the City Manager and City Attorney (Agreement No. 2021-XXX).
26. Authorize Budget Reallocation in the Amount of $18,761 and Approve Appropriation
Adjustments to Carry Forward Unspent Amounts From Previous Fiscal Years to FY
City Council 11 4/20/2021
2020-21 in an Amount not to Exceed $23,664,294.23 (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: 1. Approve an Appropriation Adjustment (2021-171) to
increase the FY 2020-21 budgel for amounts carried forward from previous fiscal
years in an amount not to exceed $2,693,855.89. (Requires five affirmative votes)
2. Approve an Appropriation Adjustment (2021-168) of $7,728,611.60 in Measure
M2 Competitive, Arterial Capacity Enhancements grant funding from the Measure M-
Street Construction Revenue account and appropriate the same amount to the
Measure M2 Competitive Street, Improvements Other Than Building expenditure
account. (Requires five affirmative votes)
3. Approve an Appropriation Adjustment (2021-170) authorizing the expense of
$1,455,739.14 from the Traffic System Management, State Grant -Direct revenue
account and appropriating the same amount to the Active Transportation Program,
Improvements Other Than Building expenditure account. (Requires five affirmative
votes)
4. Approve an Appropriation Adjustment (2021-169) authorizing the expense of
$2,017,642.98 in Highway Safety Improvement Program grant funds from the Federal
Aid Safety Program, Federal Grant -Indirect revenue account, and appropriating the
same amount into the Public Services -Street Safety Projects, Improvements Other
Than Building expenditure account. (Requires five affirmative votes)
5. Approve an Appropriation Adjustment (2021-167) recognizing $9,768,444.62
from prior year fund balance in the Special Gas Tax Fund, Prior Year Carry Forward
revenue account, transferring the funds to the Select Street Construction revenue
account, and appropriating the same to the Select Street Construction, HUTA 2103
Gas Tax, Improvements Other Than Building expenditure account. (Requires five
affirmative votes)
6. Approve the reallocation of unspent Measure M2 Local Fairshare funds in the
amount of $18,761 from Project Development FY 19/20 Project (No. 20-6899) to
Edinger Protected Bike Lanes Project (No. 17-6885).
27. Approve Submittal of Request for Time Extension of Measure M2 Comprehensive
Transportation Funding Program for Bristol Street Improvements Phase 3A, Bristol
Street Improvements Phase 4, and Santa Ana Transit Stop Improvements (Project
Nos.13-6792, 11-6741 & 15-6843) (Non -General Fund)
Department(s): Public Works Agency
Recommended Action: Authorize the Public Works Agency to request a one-time,
two-year time extension of Measure M2 Comprehensive Transportation Funding
Program Construction funds for the following projects: Bristol Street Improvements
Project Phase 3A, Civic Center to Washington; Bristol Street Improvements Project
Phase 4, Warner to St. Andrew; and Santa Ana Transit Stop Improvements (Project
Nos. 13-6792, 11-6741 and 15-6843).
City Council 12 4/20/2021
. r r731i7N�K _ _ q 0 10
28. Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street
Racing" to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed
Contests and Reckless Driving Exhibitions
Department(s): Police Department
Recommended Action: Approve first reading of an ordinance to prohibit spectators
who knowingly attend or assist with illegal speed contests and reckless driving
exhibitions. If approved, Article XV, sections 36-706 through 36-710 entitled "Street
Racing" will be added to the Santa Ana Municipal Code.
jiili A 12 I4Zda:311-iI.I*101111507\4:4 lk I07\z;W
COUNCIL COMMENTS
ADJOURNMENT — Adjourn the City Council meeting.
Future Items
1. Carnegie Shelter Operator
2. Reasonable Accommodation and Group Homes Regulatory update
City Council 13 4/20/2021
I ? , I Minutes of the
Regular Meeting, Housing Authority and
Special (Open Session — Item 22) Meeting
of the City Council
City of Santa Ana, California
March 02, 2021
VIRTUAL MEETING
Due to Governor Gavin Newsom's % -..I . 5- L ;-and the City Council's " ,o w o m
n there was no in -person meeting location for the community to attend
public meetings.
CLOSED SESSION
CALL TO ORDER
ATTENDANCE Council Members
Mayor Pro Tom
Mayor
City Manager
City Attorney
Clerk of the Council
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
11ITI -TITMiUMi ,
David Penaloza
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
MINUTES: Mayor Sarmiento called the Closed Session meeting to order at b.06 p.m.
Clerk of the Council conducted roll call. All councilmembers were present.
PUBLIC COMMENTS — Members of the public may address the City Council on items on
the Closed Session Agenda may do so by.
City Council 8-1 4&0/2021
Comments will be held during the beginning of the meeting for ALL comments on agenda
and non -agenda ilems within the jurisdiction of the City, with the exception of public hearing
items. Comments for public hearings will take place after the hearing is opened. This is being
done to respect the time constraints of residents who cannot stay tuned late into the evening
to comment on items that they feel strongly about.
Individuals who would like to comment on an agenda item or make a general comment
regarding a topic not in the meeting agenda may do so ahead of the meeting by:
Email: Please email your comments by 4:00 p.m. on Regular Council meeting Tuesday, or as
noticed for Special meetings, to eComment(r)santa-ana.ora. Comments received after the
cut-off time will be published soon after the meeting as part of the record as early as
possible.
OR DURING THE MEETING BY:
Zoom Webinar: Please click on or type the following address into your web
browser https://us02web.zoom.us/m/315965149
IWN
Conference Call: Dial (669) 900-9128 and enter MEETING ID: 315 965 149# when
prompted.
The public can begin joining the speaker queue at 4.30 p.m., or 30 minutes prior to Special
meeting. Once a caller has entered the meeting, they will be placed in a holding queue.
Callers will be prompted to speak in the order received. After the Clerk confirms the last three
digits of the caller's phone number or Zoom ID and unmutes them, the caller must press '6 or
microphone icon to speak. Callers are encouraged, but not required, to identify themselves
by name. Each caller will be provided three (3) minutes to speak.
To watch the meeting without participating via these remote options:
• YouTube LiveStream at,.� � � ,,, noi+.,_. / ,rI,, r a ";, ,i
• Channel CTV3, available on Spectrum channel 3 and AT&T U-verse channel 99
About the Agenda
To download or view the attachments (staff report and other supporting documentation) for
each agenda item, you must select the agenda item to see the attachments to either open in
a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ).
MINUTES:
• Clerk of the Council, Daisy Gomez, reported out on correspondence received.
• Mark Rothenberg spoke in support of enforcement of the homeless encampment.
• Roy Kirk spoke in srtpport of enforcement of the homeless encampment.
City Council 2-2 4&0/2021
• Benjamin Vasquez from El Centro Cultural de Mexico spoke regarding finding a no harm
solution and various other topics related to Item 1.
• Dale Helvig expressed safety concerns with the homeless encampment and provided various
comments related to Item 1.
• Mike Tardiff spoke irr support or enforcement related to Item 1.
• Felicity Figeuroa, Chair of the Orange Quality Quality Coalition, provided various comments
related to Item I and urges the city to enter into good faith conversation with El Centro Cultural
de Mexico.
• Darius Dehghan with Elder Law and Disability Rights Center urges city to assist homeless and
provided various other- comments related to Item 1.
• Carlos Perea urged council to find good faith solutions and provided various other comments
related to Item 1.
• Maria Manguilar urged council to find good faith solutions and provided various other
comments related to Item 1.
• Pat Davis urged council to find good faith solutions and provided various other comments
related to Item 1.
• Angel Barnes expressed concern for public safety during the pandemic state and provided
various comments related to Item 1.
• Marla Sanchez encouraged the city to work together for a solution regarding homeless
encampments.
• Jeffrey Katz. resident and volunteer case manager with Second Chance Orange County,
supports any legal action the City decides to take regarding enforcement, urges assistance to
find a humane solution and provided various other comments related to Item 1.
• Speaker with El Centro Cultural urged council to find good faith solutions and provided various
other comments related to Item 1.
• Speaker noted that current shelters are at capacity. expressed the additional assistance
needed to address homelessness, and provided various comments related to Item 1.
CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain
matters without members of the public present. The City Council finds, based on advice from
the City Attorney, that discussion in open session of the following matters will prejudice the
position of the City in existing and anticipated litigation:
CLOSED SESSION REPORT — The City Attorney will report on any action(s) to be taken at
the Regular Open Session which will begin immediately following the Closed Session.
itKi72NIa:1.4AM6 1TA19:110t7_\WKi1fP►6y:l01•tr:11krrr_INIIIrti_� rr.7'LNl
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of
Section 54956.9 of the Government Code: One Case, El Centro Cultural de Mexico
RE E — City Council will recess to Closed Session for the purpose of conducting regular
City business.
MINUTES: Council recessed for Closed Session discussion at 5:46 p.rn.
City Council 8-3 4&0/2021
RECONVENE — City Council will reconvene to continue regular City business.
MINUTES: Mayor Sarmiento recessed the Closed Session meeting at 6:01 p.m. and converted to
the Regular Open Session.
Mayor Sarmiento adjourned the Regular Open City Council meeting at 9:54 p.m. and reconvened to
the Closed Session meeting.
Mayor Sarmiento adjourned the Closed Session meeting at 11:21 p.m.
Daisy Gomez,
Clerk of the Council
City Council A-4 4&0/2021
CALL TO ORDER
MINUTES: Mayor Sarmiento called the Regular Open Session meeting to order at 6:04 p. tn.
ROLL CALL
MINUTES: Clerk of the Council conducted roll call. All councilmembers were present.
PLEDGE OF ALLEGIANCE Mayor Sarmiento
INVOCATION Pastor Tommy Cota
CEREMONIAL PRESENTATIONS
2. Proclamation presented by Councilmember Bacerra naming March as Youth Art Month.
3. Certificate of Recognition presented by Councilmember Mendoza to Birdwell Beach
Britches for Outstanding Contributions to the Community.
4. Certificate of Recognition presented by Councilmember Lopez and Councilmember
Hernandez to Tish Leon for Outstanding Contributions to the Community.
CLOSED SESSION REPORT— The City Attorney will report on any action(s) from Closed
Session.
MINUTES: Mayor Sarmiento announced that council will be reconvening to Closed Session after
the Open Session has concluded.
STAFF PRESENTATIONS
5. COVID-19 Update in the Community.
MINUTES: City Manager Kristine Ridge provided a brief COVD-19 update on.
e Health equity
• Vaccinations, and
a Direct assistance for renters and small business owners
6. Orange County Mosquito and Vector Control District presentation on Mosquitoes in
Orange County
MINUTES: Lora Young, Director of Communications with Orange County Mosquito and
Vector Control District, provided a brief presentation.
7. National Fitness Campaign Presentation
MINUTES: Executive Director of Parks. Recreation, and Community Agency Lisa Rudloff
introduced Trent Manthias, Director of the National Fitness Campaign, who provided a brief
presentation.
City Council 8-5 4&0/2021
PUBLIC COMMENT— Public comments will be held during the beginning of the meeting for
ALL comments on agenda and non -agenda items, except for public hearings. Comments for
public hearings will take place after the hearing is opened.
MINUTES: Partial public comments taken out of order and considered after roll call was taken,
• Tania Castaneda, Municipal Manager, with Republic Services spoke regarding Item 31 and
indicated why their company would be the best partner to work with the city.
• Adam Overton with Clergy and Laity United for Economic Justice (CLUE), spoke in support of
Item 30.
• Victor Mendez concurred that City is leading the way in public participation during the
pandetnic state and spoke on various other topics,
• Frank Gutierrez thanked council for his appointment to the Arts and Culture Commission and
spoke on various other topics.
• Shauna manager with Rite Aide spoke in support of Item 30.
• Marlyn Cendejas spoke regarding the homeless encampment near El Sol Academy.
• Jennifer Ward. Sr. Vice President of government Affairs and Advocacy for the Orange County
Business Council, spoke in opposition of Item 30.
• Carlos Viramontes with the Latino Food Industry Association spoke in opposition to Item 30.
• Victor Rojas spoke in support of Item 30.
Pledge of allegiance, invocation, and ceremonial presentations considered out of order- after speaker
Victor Holas.
• Ray Diaz commended Mayor Sarmiento for having a voice for the community, spoke in support
Of Item 30, and various other topics.
• Satrnerrta Mendoza spoke in support of Item 30.
• Nathan Taft spoke in support of Item 32.
• Dale Helvig thanked Executive Director Lisa Rudloff and Ron Ono regarding Item 19 regarding
Park Santiago improvements, requested Item 28 be placed on hold for reasons cited, at
recommended that the oath of office be changed if Item 29 is approved.
• Carolina Mendez with College Democrats of California State University of Fullerton and
CHISPA member, spoke in support of Item 30.
• Manny Escamilla spoke in support of Item 30, asked for restoration funds for mural and
memorials located at the Memorial Community Center and park, noted the importance of long-
term data storage and expressed support for Item 32.
• Tanya Navarro spoke regarding the homeless encampment and encouraged the city to find a
better solution_
• Ada Tomayo spoke in support of Item 30.
• Speaker Gonzalez called regarding property taken from the unhoused.
• Kathy Aleman spoke regarding the homeless encampment on Ross Street.
• Nick Buro spoke in opposition of Item 30.
• Austin Lynch organizing director with United Local Eleven, spoke in support of Item 30.
• Clerk of the Council, Daisy Gornez, reported out on correspondence received.
City Council 8 — 6 4&0/2021
ICONSENT CALENDAR
RECOMMENDED ACT/ON: Approve staff recommendations on the following
Consent Calendar Items: 8 through 28.
8. Excused absences
Department(s): Clerk of the Council
Recommended Action: Excuse the absent members.
9. Appoint various boards and commissions members nominated by
Councilmember Lopez as the Ward 3 representatives for a full term expiring December
10, 2024
Department(s): Clerk of the Council
Recommended Action: Appoint.
1. Monica Mouet — Parks, Recreation and Community Services Commission
2. Debra Russell — Arts and Culture Commission
3. Michelle Pulido— Personnel Board
4. Mia Verdin — Youth Commission
10. 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)
Department(s): Parks, Recreation, and Community Services
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 (Agreement No. 2021-XXX).
MINUTES- This consent Item - Agreement No. 2021-023 was approved-
11. Adopt two resolutions for the Memorial Community Center (Phase 1) and Santa Ana
Zoo at Prentice Park Revitalization Projects for the submittal of grant applications for
the Statewide Park Development and Community Revitalization Program
Department(s): Parks, Recreation, and Community Services
Recommended Action: Resolution Nos. 2021-XXX and 2021-XXX — Adopt two
resolutions for the Memorial Community Center (Phase 1) and Santa Ana Zoo at
Prentice Park Revitalization Projects for the submittal of grant applications for the
Statewide Park Development and Community Revitalization Program.
City Council 9-7 4&0/2021
MINUTES: This consent Item - Resolution No. 2021-008 and Resolution No.
2021-009 was approved.
Executive Director of Parks, Recreation, and Community Agency Lisa Rudloff spoke on the
grant application process.
Ethan Fischer, Zoo Manager, provided updates on the proposed changes at Elk Lane and
Chestnut along with additional beatification to be included on Parks Master Plan.
Moved by Mayor Pro Tem Penaloza, seconded by Councilmember Mendoza
to Adopt.
YES: 7 — Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7-0-0-0— Pass
12. 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.
Department(s): Parks, Recreation, and Community Services
Recommended Action: 1) Resolution No. 2021-XXX —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). (Requires five affirmative votes) 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.
MINUTES: This consent Item- Resolution No. 2021-010 was approved.
13. 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)
City Council 8 — 8 4&0/2021
Department(s): Police Department
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 (Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-024 was approved.
14. 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)
Department(s): Police Department
Recommended Action: Award a contract to HP, Inc. for the purchase of mobile
computer equipment for the Police Department, in an arnount not to exceed
$83,274.40, subject to non -substantive changes approved by the City Manager and
City Attorney.
15. Receive and File Quarterly Report of Investments as of December 31, 2020
Department(s): Finance and Management Services
Recommended Action: Receive and file.
16. 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)
Department(s): Public Works Agency
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.
17. 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
Kind)
Department(s): Public Works Agency
Recommended Action: 1. Authorize a one-time purchase order and payment to
Bragg Investment Company Inc., DBA Coastline Equipment for one John Deere 410L
City Council 8 — 9 4&0/2021
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.
18. 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)
Department(s): Public Works Agency
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.
19. 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)
Department(s): Public Works Agency
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 52,143,418.60 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.
Moved by Councilmember Mendoza, seconded by Councilmember Lopez to
approve.
YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7-0-0-0— Pass
MINUTES: City Manager Kristine Ridge addressed council regarding the bid process.
City Council SO- 10 4&0/2021
Councilmember Lopez requested staff to include project updates and timelines at
neighborfrood meetings.
20. 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)
Department(s): Public Works Agency
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. (Requires five affirmative votes)
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.
21. 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)
Department(s): Public Works Agency
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
(Agreement No. 2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-025 was approved.
22. 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)
Department(s): Public Works Agency
Recommended Action: Authorize the City Manager to execute an agreement with
City Council S'- 11 4&0/2021
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 (Agreement No.
2021-XXX).
MINUTES: This consent Item - Agreement No. 2021-026 was approved.
23. 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
Department(s): Public Works Agency
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 (Agreerent No.
2021-XXX).
MINUTES: This consent Item — Core Agreement No. 2021-027 was approved.
Councilmernber Phan abstained from Items 23, 27, and 28 due to a conflict of interest.
24. 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)
Department(s): Public Works Agency
Recommended Action: Receive and file certification of approval by City Engineer of
Final Parcel Map 2018-04.
25. 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)
Department(s): Public Works Agency
Recommended Action: Receive and file certification of approval by City Engineer of
Final Parcel Map 2019-04 (1412 N Broadway).
City Council 82- 12 4&0/2021
26. 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)
Department(s): Information Technology
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.
27. 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-Ceneral Fund)
Department(s): Community Development Agency
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. Resolution No. 2021-XXX —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.
• This consent Item - Resolution No. 2021-011 was approved.
• This consent Item - Agreement No. 2021-030 was approved.
• Councilmember Phan abstained from Items 23, 27, and 28 due to a conflict of interest.
28. Approve Lease Agreement with DYER 18 LLC for Homeless Navigation Center (Non -
General Fund)
Department(s): Community Development Agency
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 (Agreement No.
2021-XXX).
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.
MINUTES: This consent Item - Agreement No. 2021-028 and Core Agreement
No. 2021-029 was approved
City Council 83- 13 4&0/2021
Councilrnember Phan abstained from hems 23, 2T and 28 due to a conflict of interest.
Moved by Mayor Pro Tern Penaloza, seconded by Councllmember Phan to approve
Consent Calendar items 8-28 with the exception of items 11 and 19..
YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7 — 0 — 0 — 0 — Pass
MINUTES., Councllmember Phan abstained from Consent Calendar Items 23, 27, and 18
due to a conflict of interest. Fidelity National Title, Jamboree Housing and DYER 18 LLC
are all clients of councilmember's employer.
p6iA.IW033iii7ILMA lk Idri71\1111A.Ir7•\A i
I BUSINESS CALENDAR
29. Ordinance Amending Chapter 2 of the Santa Ana Municipal Code relating to Boards,
Commissions, and Committees
Department(s): City Managers Office, City Attorneys Office
Recommended Action: Approve first reading of 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.
MINUTES: City Manager Kristine Ridge provided a brief summary.
City Attorney Sonia Carvalho addressed council regarding aqe requirements.
Moved by Councllmember Lopez, seconded by Councllmember Hernandez to
Approve.
YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento
NO: 0
ABSTAIN: 0
City Council 84 14 4&0/2021
ABSENT:0
Status: 7-0-0-0— Pass
30. Ordinance Establishing Premium Pay for Grocery Workers and Retail Pharmacy
Workers
Department(s): City Managers Office, City Attorneys Office
Recommended Action: Consider one of the following options:
1. Adopt an urgency ordinance establishing premium pay for grocery workers and
retail pharmacy workers. (Requires five affirmative voles)
2. Approve first reading of an ordinance establishing premium pay for grocery
workers and retail pharmacy workers.
MINUTES: Management Assistant Dania/ Soto provided a brief presentation.
Moved by Councilmember Phan, seconded by Councilmember Lopez to
approved Urgency Ordinance No. 3002 with amended language to change
definition of "Grocery Store" to 10,000 square feet..
YES: 5— Phan, Lopez, Bacerra, Hernandez, Sarmiento
NO: 2 — Penaloza, — Mendoza
ABSTAIN: 0
ABSENT: 0
Status: 5-2-0-0— Pass
31. Establish City Council Ad Hoc Committees: Solid Waste, Housing, School
Collaboration, and Homeless Ad Hoc Committees
Department(s): City Manager Office, City Attorney Office
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
MINUTES:
• City Manager Kristine Ridge provided a brief presentation.
• Mayor Sarmiento established members to serve on the following Ad Hoc committees:
1. Solid Waste Ad Hoc Committee — Councilmembers Phan, Mendoza and open to
interested cowrcilmembers
2. Hnusing Ad Hoc Committee — Councilmembers Phan. 101)07, Mayor Sarmiento
3. School Collaboration Committee — Councilmerribers Mendoza, Lopez, and Hernandez
4. Homeless Ad Hoc Committee — Councilmembers Hernandez and Bacerra: and Mayor
Pro Tem Penaloza
City Council 85- 15 4&0/2021
**END OF BUSINESS CALENDAR**
COUNCILMEMBER REQUESTED ITEMS
32. Discuss and consider directing City Manager to direct staff to research and bring to
the City Council within 60 days a resolution declaring a climate emergency,
committing to policies opposing fossil fuel expansion and accelerating the clean
energy transition as part of the safe cities movement, and endorsing the call for a
global fossil fuel non-proliferation treaty — Councilmember Lopez
MINUTES: Council provided direction to City staff.
Mayor Sarmiento recessed the Council meeting and convened to the Housing Authority
tneeting at 9:43 p.m. followed by the Special Successor Agency at 9:44 p.m.
Mayor Sanmiento recessed the Special Successor Agency and reconvened to the Regular
Open meettng at 9:46 p.m.
CITY MANAGER COMMENTS
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MINUTES:
• Councilmember Hernandez expressed his condolences to the Fox family and AFGE Local 2076
for their loss.
• Coutrcilmernber Lopez expressed her condolences to the Fox family, provided updates On a
future Vector Control presentations, neighborhood association meetings to discuss parking
concerns and reminded everyone she is available via phone.
• Councilmember Mendoza advised the public to be wary of establishments charging "COVID
fees and advised they reach out to the Attorney General Bacerra's office.
• Councilmember Phan expressed concern regarding the increase in hate crimes towards the
Asian American Community.
• Mayor Sarmiento requested staff research legislation regarding the protections aimed at the
Asian American Community.
ADJOURNMENT— Adjourn the City Council meeting and convene to the Housing Authority
meeting.
Future Items
City Council 86- 16 4&0/2021
1. Shelter Operator
2. Cannabis Regulation Updates
3. Group Home Regulation Updates
MINUTES: Mayor Sarrniento adjourned the City Council meeting at 9:54 p.m. and reconvened to
the Closed Session meeting.
Daisy Gomez,
Clerk of the Council
City Council 87-17 4&0/2021
CALL TO ORDER
ATTFNDANCF Authority Members
Vice Chair
Chair
City Manager
City Attorney
Clerk of the Council
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
David Penaloza
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
MINUTES: Chair Sarmiento called the I lousing Authority meeting to order at 9:43 p.m.
Clerk of the Council conducted roll call. All Authority Members were present.
PUBLIC COMMENTS — Members of the public may address Housing Authority on items on
the Housing Authority agenda.
MINUTES: No public comments on Housing Authority items.
I CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 1 and 2.
1. Approve the special meeting minutes of January 19, 2021.
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
2. Excused absences
Department(s): Clerk of the Council
Recommended Action: Excuse the absent members.
Moved by Councilmember Bacerra, seconded by Mayor Pro Tern Penaloza to
approve.
YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento
City Council 88- 18 4&0/2021
NO: 0
ABSTAIN: 0
ABSENT:0
Status: 7-0-0-0— Pass
**END OF CONSENT CALENDAR**
MINUTES: None.
ADJOURNMENT— Adjourn the Housing Authority meeting and convene to the Special
Successor Agency meeting.
MINUTES: Chair Sarmiento adjourned the Housing Authority meeting and convened to the
Successor Agency meeting at 9:44 p.m.
Daisy Comez,
Clerk of the COr117C11
City Council 89- 19 4&0/2021
CALL TO ORDER
ATTFNDANCF Council Members
Mayor Pro Tom
Mayor
City Manager
City Attorney
Clerk of the Council
Phil Bacerra
Johnathan Ryan Hernandez
Jessie Lopez
Nelida Mendoza
Thai Viet Phan
David Penaloza
Vicente Sarmiento
Kristine Ridge
Sonia R. Carvalho
Daisy Gomez
MINUTES: Mayor Sarmiento called the Successor Agency y meeting to order at 9:44 p.m.
Clerk of the Council conducted roll call. All councilmembers were present.
PUBLIC COMMENTS — Members of the public may address Successor Agency on items
on the Successor Agency Authority agenda.
MINUTES: Norre.
I CONSENT CALENDAR
RECOMMENDED ACTION: Approve staff recommendations on the following
Consent Calendar Items: 1 through 3.
1. Minutes from the special meeting of January 19, 2021.
Department(s): Clerk of the Council
Recommended Action: Approve minutes.
2. Excused absences
Department(s): Clerk of the Council
Recommended Action: Excuse the absent members.
3. Receive and File the Quarterly Report of Contracts entered into by the City Manager
(September 1, 2020— December 31, 2020)
Department(s): Community Development Agency
Recommended Action: Receive and file.
City Council 80- 20 4&0/2021
Moved by Councilmember Mendoza, seconded by Councilmember Bacerra to
approve.
YES: 7— Penaloza, Phan, Lopez, Bacerra, Hernandez, Mendoza, Sarmiento
NO: 0
ABSTAIN: 0
ABSENT: 0
Status: 7-0-0-0— Pass
**END OF CONSENT CALENDAR**
SUCCESSOR AGENCY COMMENTS
MINUTES: No public comments on Successor Agency items.
ADJOURNMENT -Adjourn the Successor Agency meeting.
MINUTES: Mayor Sanniento adjourned the Special Successor Agency meeting and reconvened to
the Open Regular City Council meeting at 9:46 p.m.
Daisy Gomez,
Clerk of the Council
City Council 81--21 4&0/2021
Public Works Agency
https://www.santa-ana.org/pw
Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Certification of Final Tract Map 2017-02 (610 S Newhope Street)
AGENDA TITLE
Receive and File Certification of Approval by City Engineer of Final Tract Map 2017-02
(610 South Newhope Street) (Applicant: Steven Jones, Owner: Rocky L.Y. Diamond.
LLC)
RECOMMENDED ACTION
Receive and file certification of approval by City Engineer of final Tract Map 2017-02 (640
S Newhope Street).
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 34-126 and 34-127, includes the approval of
tentative maps by either the Zoning Administrator or the Planning Commission, as
appropriate. 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 610 South Newhope Street on
December 11, 2017. The City Council was informed of the Planning Commission's
approval at its January 16, 2018 meeting. The City Engineer has received final Tract Map
No. 18065 (City Tract Map No. 2017-02) for the referenced subdivision from property
owner Rocky L.Y. Diamond, LLC. This final tract map (Exhibit 1) subdivides one existing
parcel into nine lots for condominium. Each of the nine proposed parcels will contain a
single-family residential structure. The subject site has a Two -Family Residence (R2)
zoning designation, and a Low -Medium Residential (LMR-11) General Plan land use
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
City Council 10 — 1 4/20/2021
Certification of Final Tract Map 2017-02 (610 S Newhope Street)
April 20, 2021
Page 2
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 April 20, 2021.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Final Tract Map
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By. Kristine Ridge, City Manager
City Council 10 — 2 4/20/2021
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Public Works Agency
https://www.santa-ana.org/pw
Item # 11
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Citywide Sidewalk Replacement Program Update
AGENDA TITLE
Receive and File Citywide Sidewalk Replacement Program Update
RECOMMENDED ACTION
Receive and file citywide Sidewalk Replacement Program update.
DISCUSSION
The Public Works Agency's Maintenance Services Division assumed responsibility of the
Sidewalk Replacement Program in 2020, which oversees 800 miles of sidewalks (Exhibit
1). Staff evaluates sidewalks, curbs, and gutters to identify uneven surfaces that may
pose a risk to pedestrians. The goal is to improve safety, increase active modes of
transportation such as walking and biking, and comply with regulations set forth by the
American with Disabilities Act to reduce the potential for liability claims.
For Fiscal Year 2020-21, the City Council approved $1 million of General Fund monies
for dedicated sidewalk replacement. Staff surveyed reported areas with the highest need
and concentration of locations and developed a multi -phased plan to improve the
sidewalk conditions. Beginning in July 2020, the City has worked at an accelerated pace
and has replaced concrete at 1,061 sidewalk locations (approximately 90,000 square
feet), 2,957 linear feet of curb and gutter, and 2,430 linear feet of curb ramps in 12
neighborhoods throughout all six City Council wards (Exhibit 2).
Work began on June 30, 2020 in the Heninger and French Park neighborhoods when the
City Manager authorized the award of a contract to EBS General Engineering Services
Inc. utilizing $200,000 of Special Gas Tax funds.
On October 6, 2020, the City Council authorized $600,000 to perform sidewalk
replacement in other areas of the City, including North Windsor Park, Windsor Park, West
Grove Valley, Thornton Park, Fairbridge Square, and Park Santiago neighborhoods; work
was completed in December 2020.
On January 19, 2021, the City Council authorized the use of the remaining funds totaling
$600,000 to deliver additional sidewalk concrete improvements in the Windsor Village,
City Council 11 — 1 4/20/2021
Receive and File Citywide Sidewalk Replacement Update
April 20, 2021
Page 2
Artesia Pilar, Pacific Park, and Santa Ana Memorial Park neighborhoods, with project
completion in March 2021.
In summary, since July 2020, staff has successfully expedited repairs at over 1,060
locations while maximizing the funds available by capitalizing on favorable pricing of
existing contracts. Staff utilized cost -saving methods by performing in-house tree root
shaving that produced savings of nearly $200,000 and contributed to the repair of over
175 additional locations. A long-term dedicated funding source is required to address the
large backlog of needed services. Staff will continue to pursue alternative funding sources
for concrete sidewalk replacement and has submitted a supplemental budget request for
$1 million of General Fund monies for the 2021-22 fiscal year.
Concrete Sidewalk Renaim: Fiscal Year 2020121
Locations
Curb/Gutter
Curb Ramp
(Sidewalk Square Feet)
(Linear Feet)
(Square Feet)
1,061
(88,391)
2,957
2,430
Concrete Sidewalk Repairs - Fundina: Fiscal Year 2020/21
Project
General Fund
Special Gas
Tax
Total
July — August 2020
$0
$200,000
200,000
October— December 2020
$500,000
$100,000
600,000
January— March 2021
$500,000
$100,000
600,000
2020/21 Total
$1,400,000
When sidewalks are in need of replacement and a funding source is not available,
sidewalk offset grinding or temporary asphalt ramping is used to immediately improve
conditions. Historically, the lack of a dedicated long-term funding source has created
challenges and a backlog of deferred sidewalk replacements nearing 10 years. The
current estimated amount to replace all reported damaged sidewalks is over $8 million.
As such, when balance is available, staff utilizes the limited amount of Special Gas Tax
funds from other roadway maintenance programs to complete small-scale projects.
Prioritization of work is focused on areas with the highest concentration of needed repairs,
with the future intent of providing proportionate levels of service in each of the City's six
Council wards.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
City Council 11 — 2 4/20/2021
Receive and File Citywide Sidewalk Replacement Update
April 20, 2021
Page 3
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. 5-Year Sidewalk Improvement Program Plan
2. Heat Map & Sidewalk Replacement Areas
Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 11 — 3 4/20/2021
EXHIBIT 1
PROJECT SUMMARY and VACATION
Citywide replacement of various damaged concrete sidewalks, curbs, gutters and driveways.
DESCRIPTION
The Maintenance Services Division assumed responsibility of the Omnibus Program in 2019-20. The
Program goal is to improve safe walking accessibility for pedestrians and increase active modes of
transportation, such as walking and biking
The total Citywide service need is estimated at $8 million. Current funding originates from savings
of existing Division Roadway Maintenance programs funded by Gas Tax and total approximately
$200,000 annually. No additional funding source is currently available for the Omnibus Program
Annual General Fund support is requested of $1.4 million over five years to complete all of the
existing repairs within five years as indicated in the table below Thereafter, $500,000 is requested
annually on an on -going basis
The absence of General Fund support would maintain the annual funding level at approximately
$200,000, derived from Division Gas Tax Operations savings, if available.
Prioritization of work will be based on romediating highest risks and mitigating ADA safety concerns
followed by prioritizing the highest volume of service areas in the six Council Wards with the goal of
providing a proportionate level of service improvements in each Ward annually.
If additional funding is unavailable, services will be focused in highest concentration areas only_
RE f
FUNDING SOURCE
', 2620.21'
2021-22
2D22-23
2023-24
2024,25
OTAL
TOTAL
"General Fund
(Zero Currently -
$1,400,000
$1,400,000
$1,400,000
$1,400,000
$1,400,000
$7,000,000
Requested
Commitment)
Gas Tax
(ExistingFundin
$200,000
$200,000
$200,000
$200,000
$200,000
$1,000,000
TOTAL
$1,600,000
$1,600,000
$1,600,000
$1,600,000
$1,600,000
$8,000,000
City Council PAGE 1 QFI2 4 4/20/2021
EXHIBIT 1
SERVICE NEED - REPORTED LOCATIONS
Reported Locations:.2,815
(as of March 2021)
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City Council PAGE 2 OR 2- 5 4/20/2021
EXHIBIT 2
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City Council
11 —6
4/20/2021
Finance and Management Services
https://www.santa-ana.org/finance
Item # 12
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2020
AGENDA TITLE:
Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2020
RECOMMENDED ACTION
Receive and file the Single Audit Report for the Fiscal Year ended June 30, 2020.
DISCUSSION
All non -Federal entities that expend $750,000 or more of Federal awards each fiscal year
are required to obtain a Single Audit to comply with the regulations of the Federal Office
of Management and Budget (OMB). The Single Audit for the fiscal year ended June 30,
2020 has been completed by the City's independent auditor, Clifton LarsonAl len LLP.
During Fiscal Year 2019-20, the City administered 27 Federal grant programs and
expended $59.1 million, representing an increase of $9.6 million from the prior fiscal
year. The increase was primarily due to $4.8 million in additional Community
Development Block Grant (CDBG) capital improvement expenditures, $2.9 million passed
through to a subrecipient related to the Urban Area Security Initiative program, and $1.7
million of various COVID-19 related expenditures.
Of the 27 programs administered by the City, the auditors identified three major programs
for the audit: CDBG Cluster ($8.9 million), Homeland Security Grant Program ($4.3
million), and COVID-19 Coronavirus Relief Fund ($0.5 million).
The Finance and Management Agency is pleased to report that the City received an
unmodified opinion commonly known as a clean opinion, which is considered the most
favorable conclusion for the audit. The unmodified opinion indicates that the City has
complied, in all material respects, with the compliance requirements for the fiscal year
ended June 30. 2020 and no compliance findings were noted related with its federal grant
programs.
The report (Exhibit 1) is posted and available on the City's website
City Council 12 — 1 4/20/2021
Receive and File Single Audit Report for the Fiscal Year Ended June 30, 2020
April 20, 2021
Page 2
(I�or,Jlv�nnrtn� .;pant a an a !,r?a/fiir anrrlconipreherq;�ive-arrn�i �l finaricial-repr�rf� trr�ntlrer_
finarrci_ 31_-r_F_:por_i ) along with prior fiscal years. In addition, the report has been submitted
for certification as part of the Single Audit Data Collection Form process.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
1. FY 2019-20 Single Audit Report
Submitted By: Kathryn Downs, Executive Director Finance and Management Services
Approved By: Kristine Ridge, City Manager
City Council 12 — 2 4/20/2021
Exhibit 1
CITY OF SANTAANA, CALIFORNIA
SINGLE AUDIT OF FEDERAL AWARDS
AND OTHER FINANCIAL INFORMATION
.I U N E 30, 2020
City Council 12 — 3
CI FY OF SAN"IA ANA, CAHFORNIA
fARI T OF CON TNTS
June 30, 2020
Pagc
Number
Tndependent Auditors' Report on Tnternal Control over Financial
I?eporting and on Compliance and Other Matters Hatted on au
Audit (if Financial Statements Performed in Accordance with
Government Auditing Standarrts 1 - 2
Independent Auditors' Report on Compliance for Each Major
Federal Program, Report on Internal Control over Compliance,
Report on Schedule of Expenditures of Federal Awards Required
by the Uniform Guidance, Schedule of Expenditures of State
Awards Required by the State of California, and Housing Authurity
of the City of Santa Ana Financial Data Schedules Required by
the US Department of Housing and Urban Development 3 - 5
Schedule of Expenditures of Federal Awards
Schedule of Expenditures ol'State Awards
6-9
10
Notes to the Schedules of Expenditures of Fcdcral and State Awards 1 I
Housing Authority of the City of Santa Ana Financial Data Schedules:
Financial Data Schedule of Assets, Liabilities, and Equity as of June 30, 2020 12
Financial Daly Schedule of Revenues, Expenses, and Changes in Fquiry
for the Fiscal Year Hided June 30, 2020 13
Sohcilttle of Findings and Questioned Costs
Summary Schedule of Prior -Year Audit Findings
14- 15
16
City Council 12 — 4 4/20/2021
ChftonLarsonAllen LLF
CLAconnocl•(.ovl
TNDF.PF.NT)F.NT AUDITORS' REPORT ON TNTFRNAT. CONTROL OVER
F I NANCIA 1, k F110k I I NG AN1)ONCOMI'I,IANCF.AN1)OTHFI?MAITF.RS
TiASET) ON AN AT 1T)TT OF FTNANCTAL STATEMENTS PFRFO RMFT)
IN ACCORDANCF. WITH G0V1SX1VM1-,N7'AU1)177NGSl41Y1)AN1)S
1'0 the Honorable City Council
of the City of Santa Ana
Santa Ana, California
We have audited, in accordance with the auditing; standards generally accepted in the United 5'tateJ of
America and the standards applicable to financial audits contained in GovcTn1?ten[_1:1thlin1k, Slandards
issued by tttc C'.omptrollcr General of the United States, the financial statcrncnti of the govCmincntal
activities, the business -type activities, each major find, and the aggregate retraining fiord information
of the C'.it) of Santa Ana, California (Ihe. City), as of and For the year ended 7unc 30, 2020, and the
related notes to the basic financial sunemenls, which collectively comprise the City's basic financial
stalements and have issued our report thereon dated December 10, 2020.
internal Control over Financial Reporting
Tn planning and performing our audit of the financial statements, we considered the City's internal
control over linaneial reporting (internal control) as a basis I'or designing audit procedures that are
appropriate in the circumstances for the purpose of expressing our opinions on the financial statements,
but not for the purpose of expressing an opinion on the effectiveness of the City's internal control.
Accordingly, we do not express an opinion on the effectiveness of the City's internal control.
A dcfeiencY in internal control exists when the design or operation of a control does not allow
manageaent or employccs, in the normal course of performing their assigned tivletions, to prevent, or
detect and correct nisstatctnents on a timely basis. A material weakness is a deficiency, or a
combination of deficicneicS, in internal control Such that there is a reasonable possibility that a material
rnisslatenncnt of the City's Imancial slatcmcnts will not be prevented, or dctcetd and corrected on a
timely basis. A significant dcfcicncy is a deficiency, or a combination of deficiencies, in internal
conu-ol that is less severe than a material weakness, yet important enough to merit atterrtiort by those
charged with governance_
Our consideration of internal control was for the limited purpose described in the first paragraph of this
section and was not designed to idenlily all deficiencies in infernal control ilim might be nh;tterial
weaknesses or significant deficiencies. Given these limitations, during ottr audit we did not identify
any deficiencies in internal control that we consider to he material weaknesses. However, material
weaknesses may exist that have not been identified.
1111 p, lxplA tncil 12 — 5 4/20/2021
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City's finaneial statements are free front
material misstatement, we performed tests of its compliance with certain provisions of laws.
regulations, contracts, and grant agreements, noncompliance with which could have a direct and
material cttcct on the financial statcn)cnts. However, Imoviding an opinion oil compliance will) those
provision; was not an objective of our audit, and accordingly, we do not express such an opinion. The
result, of Our tests dkeloscd no instances of noncompliance or other maucrs that are rcquired to be.
reported under Goverument Auditing Standards.
Purpose of This Report
The purpose of this report is solely to describe tl)e scope of our testing of intental control and
compliance and the results of that testing, and not to provide an opinion on the effectiveness of the
('ily's internal control or on compliance. 'I his repon is an integral part of an audit performed in
accordance with Gnvermnr>nt Auditing ,Standards in considering the City's internal control and
compliance. Accordingly, this communication is not suitable for any other purpose.
C'liftunLarsunAllen LIT
Irvine, Californio
Decen)her 10. 2020
City Council 12 — 6 4/20/2021
2
ChftonLarsor Allen LLF
CLAconnocl•covl
TNT)FPF.NDF.NT ATIT)TTORS' RF.1'ORT ON COMPT.TANCF FOR F.ACH MAJOR
FFI)HRAI.I'R0(iRAM, RFPORTON INfFRNAI,CONTROLOVF:R COMPHANCF.,
RFPORT ON TTTF. S( TTFT)TIT.F OF FXPF.NDTTTIRFS ( )F FF.T)FRAT, AWARDS RF.QTITRFT)
BY THE UNIFORM (UIDANCF:, SCHFI)LILF OF F.XI'F.NI)FFURFS OF S'IXI+.
AWARI)S RI-QUIRI.1) BY 11IIi STAf1'.O1 CALIFORNIA, AND I IOUSING AU-1-1IORITY
OF T11E CITY OF SANTAANA F1NAN(_'lAL DATA SCHEDULES REQUIRED BY
I HI': US DFPARI'MFNTOF HOUSING ANI) URBAN 1)I%VI;:L0PMI;.NT
I Ionorablc City Council
of the City of Santa Ana
Santa Ana, California
Report (in Compliance for Fach Mayor Federal Program
We have audited the City of Santa Ana's (the City) compliance with the types of compliance
rcquircnrCnts described in Lhe OMP Compliance Supplement that could have a direct and material
effect on each of the City's major federal programs for the year ended June 30, 2020- The City's major
federal programs are identified in the summary of auditors' results section of Lilt accompanying
schedule of findings and questioned costs-
Manaretuew's Responsibility
Mauagemcnt is responsible for compliance with the tedctnl statutes, regulations, and the terms and
conditions of its federal awards applicable io its federal programs.
Auditors' Responsibility
Our responsibility is to express an opinion on compliance for each of Lhe City's major federal programs
based on our audit of the types of compliance requirements refereed to above- We conducted our audit
of compliance in accordance with auditing standards generally accepted in the United States of
America, the standards applicable to financial audits contained in Gov<'rnment Auditing Standards,
issued by the Comptroller General of the United States, and the audit requirements of Title 2 US (ride
of Federal Regulations Pail 200, Uniform Adnrirustrative Regnirenferrts, Cost Principles, and Andit
Requirements lbr Federal .Awards (Uniform Cntidance). Those standards and the Unitorm Guidance
require that we plan and perform the audit to obtain reasonahle assurance ahout whether
noncompliance with the types of compliance requirements referred to above that could have a direct
and material effect on a major federal program occurred. An audit includes examining, on a test basis,
evidence about the City's compliance with those requirements and performing such other procedures
as we considered necessary in the circumstances.
We hchevc that our audit provides a reasonable ha is for our opinion on compliance for each major
federal program. However. our audit does not provide a legal determination of the City's compliance.
ncil
r.::. lluc�9
trrr�,��alo,,.a
3
12-7
4/20/2021
Opinion on Each Major Federal Program
Tit our opinion, the Oty complied, in all material respects, with the types of compliance requirements
relered to above that could have a direct and material ellea on each of its major federal programs for
the year ended June -10, 2020-
Report on internal Control over Compliance
Management of the City is responsible for establishing and maintaining effective internal control over
conrpliarrce with the, types of compliance regttirements rcfcrred to above. In planning and performing
our audit of compliance, we considered the City's internal control over compliance with the types of
compliance requirements that could have a direct and material effect on each major federal program to
determine the auditing procedures that are appropriate in the circumstances for the purpose of
expressing an opinion on compliance for each major federal program and to test and report on interial
control over compliance in accordance with the Uniform Guidance, but not for the purpose of
expressing an opinion on the effectiveness of internal control over compliance. Accordingly, we do not
express an opinion on the effectiveness of the City's internal control over compliance.
A de)`icietuy in internal control over compliance exists when the design or operation of a control over
compliance does not allow management or employees, in the normal course of perfin-minty their
assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance
requirement of a federal program on a timely basis. A material n•eahness in internal control over
cornphawe is a deficiency, or combinalion of deliciencies, in internal control over compliance, such
that there is a reasonable possibility that material noncompliance with a type of compliance
requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A
siIzniJiea;la deficiency in internal corrlrol over conaplittoce is a deficiency, or a combination of
deficiencies, in internal control over compliance with a type of compliance requircnicnt of a federal
program that is less severe than a material weakness in internal control civet compliance, yet important
enough to merit attention by those char-ged with governance.
Our consideration of internsl control over compliance was for the, limited purpose descrihed in the first
paragraph of this section and was not designed to identify all deficiencies in internal control over
compliance that might be material weaknesses or significant deficiencies. We did not identity any
deficiencies in internal control over compliance that we consider to be material weaknesses. however.
material weaknesses may exist that have not been identified.
'I he purpose of this report on internal control over compliance is solely to describe the scope of our
testing of internal control over compliance and the results of that testing based on the requirements of
the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.
City Council 12 — 8 4/20/2021
4
Report on Schedule of 11,xpenditures of Federal Awards Required by the Uniform Guidance, the
Schedule of Expenditures of State Awards Required by the State: of California, and the Housing
Authority of the City of Santa Ana Financial Data Schedules Required by the US Department of
Housing and Urban Development
We have audited the financial statuincnts of the governmental activities, the business -type activities,
each major fund, and the aggregate rernaining fund iniorination of Lhe City of' Santa Aua as of and for
the year crided Junc 30, 2020, and the related notes to the financial statcmans, "hicli collectively
connprisc Lhc City's basic financial staLcmcnts. We issued our report Lhcrcon dated Dccnnbcr 10, 2020,
which unuained unmodified opinion, on those financial statenleuk- Our audit was conducted for the
purpose of forming opinions on Lhc I'Mancial siatcinenls LhaL collceLivcly comprise Lhc basic financial
statements_ The accompanying Schedule of' Expenditures of Federal Awards, Lhe Schedule 01'
I-.xpendiun-es of Slate Awards, and the Housing Authority of the City of Santa Ana hinarncial Data
Schedules are presented for purposes of additional analysis as required by the ihnifrrnn Guidance, the
State of California, and the US Dceparlmenl of Housing and Urban Development. respectively, and are
not a required part of the basic financial statements. Such information is the responsibility of
management and was derived from and relates directly to the underlying accounting and other records
used to prepare the basic financial statements. The information has been subjected to the auditing
procedures applied in the audit of the financial statements and certain additional procedures, including,
comparing and reconciling such information directly to the underlying accounting and other records
used to prepare the basic financial statements or to the basic financial statements themselves, and other
additional procedures in accordance with auditing standards generally accepted in the United States of
Autcrica. In our opinion, the Schedule of ; xpendiuuros of Federal Awards, the Schedule of
Expendinires of State Awards, and the Housing Authority of the City of Santa Ana Financial Data
Schedules are fairly stated in all material respects in relation to the basic financial statements as a
whole.
C:liftonLarsonAllen LLP
Irvine, California
March 25, 2021
City Council 12 — 9 4/20/2021
5
SCHEDULE OF EXPENDITURES
OF FEDERAL AWARDS
City Council 12 — 10 4/20/2021
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended .June 30, 2020
Catalog
of Pcdcral
Federal Grantor /
Domestic
Pass-1 hrough
Passed
Pass -Through Grantor /
Assistance
Entity Identifying Federal
Through to
Program I Clusler Tilly
Number
Nuulber Expendil tires
Subrecipienis
U.S. Department of Homing and Urban Dccciupincnt
Direct P1-oglamn_
COBG - LIAILen1c11I Gm .' Cltutcr:
CJnnnnonlly De. rlopn1011 B1661 GnnVEmilknlnnl GRIIIIi
Comm.mity Devclopnwni R3oA Crane,
14118
NIN
$ M PI
(o1rlm.,nity DCclopnlanl Rlo&(:renca
1421%
N/A
115,2119
Conununtty Dcvclopnlant 1110A Grants
14 21X
N/N
1403,996
Conlnluntly Development Block Grsnu
1421,
N/,N
1,109014
Cumnu.nllp Development Block Grants
1421E
N/1
1001,943
Cmnu1tm11y Dcvclopumnt Block Qram,,
I4219
N/A
1,4.I Nil'
I:; uuunmuly Dcvclopulcut Blocl. Omlus
14.11S
NLA
_'11,d1g
CAVID-19-('1,nuuoluly Flrvrlapucul Bled ownt,
II'IS
NL\
54 5.75 1
Ncirhhnrhnod 9ra111117atlnn Pmrranl 1
14.)IS
N/A
15,512
Ncighb(irhnnd Stabilization Program 3
14_)IS
N/A
4212
�ubt.Tnl CDBO - Entit],imerit (Iron, Cl.,to
S,949,748
Lmclgctmy t14LAipn] ❑r.utl l'n.gn1111
112i I
N/A
Enlagenry 901u110ni Grant Program
14131
NIA
449,170
Cl V1D-19 Eat, ,,iicv Salmons Cntm Pt,6tim
14111
NIA
1Q �90
SnhroraI PmGft,n.y St'hm 1C Guar P"'f"rIm
465.(.79
Housing Douchcrs Clurtei
Section t( 11ountng Chotcc Vouches
14,$71
N/A
37,606 06
COVID-Pi` Sct.u.n B l lousing Chuice Vouchers-CARGSAc-
11.E71
N/A
69,762
S ehIQIJI se(:Gou a housing Choice VU-Ckhe19
3 L6 /6, ,(Ix
Melnslteam V6ochLrs
11 ti79
NL1
645p17
COV1D-19-Mans, amVou,hm-CARES 3el
14S79
NIA
03
SUI'L'Tal Malady -am Vouches
x46 R50
Sllhtatal Ilr1K111P N011chel' ('Iu,rtr
38,522,61$
Fmuilyself-5ufficicncy l'n,gram
14,E9(,
N/A
3C,754
FamilySelf-S'uf G.:icm:y Pmgmin
I4Yt)o
N/.A
sL1IN
4ehtolol Faulily jell-Soffrclmlcy Prvgnnl
i 17,85x
HOMP1n.cslmcnT Parinerahips Promanl
11'49
N/N
124.,10
HOMP Invcxlmem Panncrehips Program
14.149
N/A
13,9-2
HOME Invcntnlan �. Parulcrshtp' Program
14239
N/A
M'78N
HOW Invcxlmcnl Parmsshtp. Program
1423"
N/1
178,300
HOME f,vesanen�. Partnerships Prognnn
141?9
N/1
28,358
9tlht011d HOME IIII.Inlrerll Parmcrshipn I'n,gratn
4_6,3> I
Sec acwmpanymp Noce to the Schedtdes tit Egrcndiau-es of FaLxa1 and Smta Awards
136U,115
y,41V
37',93S
179 r 49
(C .... I ... .—b
City Council 11 12 — 11 4/20/2021
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended June 30. 2020 (Continued)
Cntning
of Fedcral
PcdcrAl Cra n(or /
Domestic.
Pass -Through
PAsncd
Pnss-Through Crantor I
Assistnnce
Entiry identifying Federal
Through to
Program f Cluster Title
Number
Number Expenditures
Subrecipients
A R R A - N-ti ,hhorhond Stahl vvuon h op lm '_
I Icuning Opponumlil Iur with AIDS
Toll U_s. T)eparinienl efiieuslrig and Urban T)eveloprucrn
U.S. Department of Labor
VV'llanc IWIL Va111'11 rind Oppotlutldy Act (W1UAI (-haler
1`asscd 111ough CA tnipLynnenl llcvclfpnletit UIP011nlcm:
W IOA Adult Pmgrnm
WI OA Adull Prohmm
Suhlotal W IOA Adult Program
\4'IOA DIIucjkcl Worker IurrO. I., Grant,
NVTC)A Ft, um..la lirun�
AVTOA Forntttio &.l rS (Rapid R, nli)
W10A Di:Incatcd ica,krr, Fomilll-a (,mll; (Rapid R ,';Pmt<c)
SuhtomI "'It A Dielonnrd Workn' Fornnlla (il'aar5
'A IOA Youth Activities
W'llJA Yculh AOII%lhc5
Sttblctal W'10A Y culh AtOt itics
Pained Ilmnlglt C'ouuly it tOalll Collununily Rc>ou¢es Agency
W10A Adult P4gyflnt
Paesod thmuFh (inndwiII Indnct19cc of Ornnrr.
14:IOA Adult Program (V csrans 6n)ptrrvmcnt An+i+tans Program)
14 1,6
N/A
14.241
N/A
211, 12Y
211 2,N
40,5?9,114
7$0 e91
17.1Sg 119110047
1725,l AA0110_'7
17_1_7K
1<9110041
1717,1
AAnI 101.7
17'_7s
K91100.17
I I 11X
AA0110'7
17 )SO
1)110047
17.2S9
AAU11U_7
1715s
Ip-7V-nOl9-RWS-I'
17.)58
K)110010
Subtotal Nw'orlcRmm lnnovaticia and Oppctttatity Act (WA)A) Churcr
Paved IIII CA Lmp logmcul Dcvelopnten�. Dcpanntc» I:
W10A NatimiA DIsbcarcd Wakcr Ginn, 17.277 AAn 11027
I "mI L G DC{,IILmCltt at I nhor
L.ti. Ilepsrtment of I ranspurtation
HiEbway Planninc sn6 (bnetninian Cingt l
I Iighwar Planning and Conntncaian:
PuSncd Ihtuuch CA Dcpanmcnt of Innuponauon:
Naur1n-al 11i0a,,ly Pctlunncc Program
URLS 5063(164)
111cyels: Cattidat lmpn—ctticill
20105 CMAQ SO(,3(lnn) DC1
111r}ile Carndor ingxnmyncnr
_'0105 CMAi75UG9(1 AI)RC[
39,SI17
tt +'67
951,77(I
)" 8l
011.59',
d,n9R
344 052
2114,421
7'1,654 -
598,o51 420,7(1y
o78,3U5 420,7U6
.�71
'1,](,I
2_r s6,UAi 420l7UK
S')
7,H5o,794-PO_70H
13(t462
Ll13
Ill 1,0
(Conlinucd l
ticc accnmpsaymp Noicx to the Schedules of �xpenditures of I'ccLnal and Stara Awards_
City Council 12 — 12 4/20/2021
CITY OF SAN'I'A ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended .Tune 30, 2020 (Continued)
Catalog,
of Federal
1'/'dcfal Grantor /
DoInvitic.
Vast 1,111,011gh
Pass -Through Grantor 1
Assistance
Entity identifying
Proeram / Cluster Title
Number
Number
Ricycic CnrI do] lnrprov_nlcnl
20.205
CMAO 5063(1N2) RCI
BI'We Lnnir4,r lnlpmv'n1crn
2020S
IfMA(25001133) WI
OmlonytnOon Scc l l 1
20 2(IS
DFM0 5UG1(145)
1IIJIMLn Safcty hnprovrnmul Pregnnn
20205
IISIPL Aolt I -/I)
TTt-,h,Ln SJTCt" TinpiovC[rlrnl hOgf-Jrn
:�1�. �(�S
TTSTT'L 500i1( I Sh1
TTIL.hw„, T„q,a,y.m....I Pn,pn,,,,
^_il ^_iU`
TTI TPT. 5064(I RR)
TTIy,L., ...fi 1,1 v T,np—v. I.i,,,�m,,,
-0_-0Li
TT,CTPT. S061(I R9)
H.t,Irviv fiatcry Toil) ... v_m,: nr Noe.am
10105
HSTPT. SO61(190)
Panned rhmnFh Snnd„In L [Lhti nIe Arv1 imbn of (inv.:rn malt
AaMI ' l7anapona mn PlnKrmil)
20 'oU
A I -PI NT-6t149(ol N)
Suhlolul H,Vh,cfry Planning and Conyln,c0on
1 �.h Wlly �nllty ClfytCr:
Sm[c and Cnmmunity Hi&vay Safsy:
11a+yni through Cn nfticc of I nifiic 5sf zy:
$J-L-riv, T,4tf-P.nt,O-Ololr
10_000
PT19144
lL I : iIVC
'0 000
1111016.1
I'11111ir hd111"lil0„ on HTwc11 Set,N
20_600
I's I )()A I
Pulaic Hducution on RI'vcic Satcry
20 600
11120044
Suhtoml State mid ('.ommumty Highway Safcty
local LL3_Dcpanmcnt of liinsponallon
U.S. DtVallumul of ludic'
0-m t Pwgruns:
PLplitlhla Sh vint Plot mm (Ays'r Fnrfcalnry 10 972 N/A
Rullctpl'nnf %art Pxnnauhip Pmtram io ou7 N/A
Bally" Lm Cnmoni PCJIcy uud lmplcninVutim 16 A I S N/d
CO\'11J-19 e ID IIL Vl,L9 tmcagalcy Supplcallcntal tuudim 1',Om'111,
I t,_04
NLX
Paved through i louuty of0nwgc ShrritI" DCpanmenL
CJwanl L;ynic Mr,I,ViL1l J,uhcr Arislrmcc I)raul Nugimu:
Dyl'III ) L*1 lee AS51'011Y 1!tam 2()17
lf,_gig
2f11'-DJ-BX—(11)9Q
Ryrnc tn'r ' \a"'lane'G Am.'01R
IC,_73A
201R- DJ- RX-08If)
S..hroial File, and Ryrnc Me larial A¢e1'lenc' Cm n PlnGrA n
Pdiied lbl"Dgll lhuilaU Of2M"LYf
1'IIlIL1I'JIIy mid LulguU'Ill Jlly Gl'1.CIfik S\ 1VI\ I J PLVgIJIII
f+_016
2916-WL-AX-00 S4
Tw,al 11.5 Dep;,rrmem of Ju i,-
Pao&'d
Federal
Through to
Expenditures
Subrecipients
8 1,G01
b -
39,-38
93o
sae
9.1'pt
1 144
-
1,Sn3
-
2-,561
264,496
I n n'_70R
;63 6Nx
32, I (IO
4,7511
549,246
S14,142
51' 261
10JIM)
1U,5%
344, /19
9_.17f1
6i firs
155,3'S
10,864
I.099,7R9
(Commucdi
Sx accompan}ing No[cx ro chc SchcLiul n of F: pcndimns of FccLn al and Star- Award,
City Council 12 — 13 4/20/2021
CITY OF SANTA ANA, CALIFORNIA
Schedule of Expenditures of Federal Awards
For the Fiscal Year Ended .Tune 30, 2020 (Continued)
Federal Grantor /
Pats -Through Grantor
Program I Cluster Title
U.S. birparlmcnl III Homeland Sccori1v
Hpmpland $s:::nnry ticvrr Prpgranl:
Ph1cd through CA I)T i- of Fill, rt7aley SalvI—
LJib.n Area SecunIA ImhaOve 201l
Paced Ihnnlgh Cily of Anuhcim:
LTih.in At II;- -nr9v Tn11.i6vi- N) IS
S,Ln a:,l TT„.... I., ... 15, ,T'n _ ..
Peexcrl Thnmyh CA Ot ic, of Fnl_Iynlcy Sew ixc
D I IiJSt-I I,irunry- P1111112 Atx lxrNncc
Pa,,,cd through Uotmlh of Olinge ShclilN Dcpanmcu:
rn rrgLn{:v Mnnngcrnonl Pcrfonnun,c
Tc Ind U.j T).p:f Ti .,:IanJ Sccilr�Iv
U.S. DepaI intent of Health and Human Services
Paiacd IIII ougll County 401 angc Sociril Si, rvitcs Agcmty:
'I'cmpm,,n, Axvmi mc: for Nccdy Famllicn
Ii_S. ficpu rlIII cul of Trcuxu ry
Cheer Program:
FyIL- Inb1c S}irnIng I'iog'urn (used rot clImc)
C.nw)avi41S It, 'of rend:
P ussd th allrh ('ousts' of Qrant_.::
CO V I D-19 - Colmmn mN R, 1 ict Hind
$Ilbheial Conmxvin)s Rclicfrnnd
1 otal Li �. Dopurtnamt of 1rousury
Total Expenditllres of 1. ede1'al Awards
Catalog,
of Federal
DoInvitic
Past 1,111'011gh
Assistance
Entity identifying
Number
Number
Pitmd
Federal Through to
Expenditures Subrecipients
e7 1(,'
)Ol ;-00083019-9,010 $
e, rti9,yh
}' sJ?_>,200
97 067
)0I n-0054
5'1 (L 119
4, 12Q294
1,122__'00
17056
I MA-4305-DR-CA
99,617
v7 01)_
(:M 4'(J N019-0003
41,16LI
0) 671
3,1 `-'_'-00
9't SS:<
WRR0216
593,102
21 QI6
N(1
265A36
-
11 019 A-2020-122 -I(6 7-X
1 a('7-X
751,314
ticc acemilmaymp Noica to ncc Schcdul .,� of F:xpcndimrs of Patiral and Star- Award,
City Council 112 — 14 4/20/2021
SCHEDULE OF EXPENDITURES
OF STAIT AWARDS
City Council 12 — 15 4/20/2021
CITY C1P SAN'I'A ANA, CALIFORNIA
Schedule of Expenditures of State Awards
For the Fiscal Year Ended June 30, 2020
Prdgrarn
SIAIC
Identification
Awards
Grantor / Program Title
Number
Expenditures
CA DepAi tment of Alcoholic Re%erage Control
A IC(IIl(IIIf: Ru, cngIc ('onLml Cnn,nt
I Wi-LA l9
S 71),l0S
CA Department of Education
RSC(- F) - Strung Wo,-kf,n c Prngpxmt
i)CI-I X-2^26-01
I?21
CA Business Consumer Seraices and Housing Agency
Hum: Icss Kann l cmv Aid I'rognun
1 X-H F A P-60007
I ,S99 '70
H„mCILw"HausiIIq.Aai.nmcc& PnWC„t1rn, (7,OVTr)-19
10-14C'FC-(I019
22(; 3OR
1.75667R
CA Department of Hmming anti Community Development
.A ITOIdallle I Inusin_v S1111inoble Cninmunilies Prng,iIml
I (i-AI19C-I 1200
1 19,507
SFf2 PlanninGills Pmgcuu
- -
19-Pt.P-11R95
45.I6R
11i4.1i75
CA Dvparlmcnl of Minor VvIiieles
SC'AQMD Mnhile Snmre Air Pollution Re<luclion
101I-MSPC'MI.1^-0I4
34,000
CA INallrral Rcnourcte Agency
Urhm GI Lxa»n� Cinml. Pmprun - Po opn.ilion R4
I l5915I-0
462 714
Advanced MemnnE. Inlm,lmcLum
6FI906-0
SIR 126
981.1 W
CA DcpurDncnl of RcnuurcvN Rveyeliug and Recovery
Oil Paytnem P,vgram
oPP9
4S,610
Oil Payo,ulr Program
OPPW
66,604
BCvCragc- COatainct Payment I'rogi.un
F117/18
4X.143
160.357
CA Department of] ramportation
AC[w I Tansportatlm, Program
AI'L-5063(170)
0.078
A,rvvc' I l.,nspoitntion Iioglam
A I III-SI161(172)
954,X5->
AM1VC 1Y-anepnrtation Program
A I I'1-SIo,074)
I1'3 H)
AL IIN C - Yunsporboion Pmgmm
AI PI -5061( 177)
27.59>
Aa I, I, Tnuispni i m inn Pinpnml
ATPL-S067( 17R)
737,R42
Acuvc T,,,nspoitation Piuglam
ATPL-5063( 185)
225,7I2
ACL1ve llallSlh,11a71011 P1Ufgl:tlll- SBI ALL}.J11eIRM10n
ATPSBIL-5063(l9l)
154.372
An1vc'ftaaeponat10n 1'tepram- SB1 ALII;lncmatl0n
AlI',9BIL-5063(l93)
23Q163
Active limtspot7st1ryt l'r0grsm-SB1 Augoleotar1011
AII'SSIL-50(i3(195)
337n97
ACu1'C Trausperlauou l'rogL:+m-SBI Au_w.=alslion
ATPSBIL-5663f 19 1
66.183
A,mv Trttusporlaliou Ihngram- SBl Ao_w.:ulsuon
ATPSBIL-5(j63U97)
75.k(17
AaLnc Trxnvpmtatimi Pn,g,nm-SRI Autmnc7nali in
ATPSAI1.-50h,(19R)
45 fii
AcLi<c Tmneportatiun PAngiam - 5B I Augnlcntatiun
ATPSR I L-5063(199)
13,20(i
Southern C,ihtimm,) ASSAK1at1On It GovI,mmenr Glanr
27S-4923UI 01/4823F.01
170.275
3.138A55
CA Offlee of Emd -enC.V ScrsieeK
01iti- I'111)111- Asistance Grant
CAI. OILS I1)(1S9-69000
27383
C'A Will-kfurcc Dccclopmnnt Board
Courtly of 01a11pe SOCI91 Scrvices- I'ruon to l!n,PloymcnL
16-2X-0039-RWS-P
36,274
l ot:d Expenditures of State AtilardS
b li.'123.'108
]cc akcou,peuyiug N VI6Iv LLc ScLcdulrs of t>xpcudilorc5 of federal and
SLaLc A.atcls_
City Council 10
12 — 16
4/20/2021
NOTES TO T11L SCHEDULES OF EXPENDITURES
OF FEDERAL AND STATE AWARDS
City Council 12 — 17 4/20/2021
CITY OfSAN"IAANA,CAH FORNIA
NOTFS TO l-HF SCHI{DUI I(S Of 1APIM)ITURIiS Of I:F.DFRAI.ANf) S'I'A'I'I: AWARI)S
FOR THE YEAR ENDED JUNE 30, 2020
I. BASIS OF PRESF,NTATTON
Ilse accompanying Schedules of FxpendiIures of h'ederal and Stale Awax& (the Schedules) include
the federal and state award activities of the City of Santa Ana, California (the City), tauter
programs of the federal government and the State of California, as well as federal and state
financial assistance passed through other government agencies tier the year ended June 30, Mo.
'the information in the Schedule of Expenditures of Federal Awards (SLfA) is presented in
accordance with the requirements of Title 2 US Code o% hcileral Rekulalions Part 200, Cirri/ornr
Idtrrinisirniive Rerluirt'uu'n[s, Cost Prhiciples, oad Audit RecyttirerrEcrnl3 for P'edend 1I wards
( Uniform Guidance). Because the Schedules present only a selected portion of the operations of the
City, they arc not intended to, and do not, present the financial staterncrrts of the City. The City's
rcpurting entity is defined in Note I of the notes to the City',; futattcial snttcrllcnts-
?. BASIS OF ACC'OUNTTNG
The accompanying Schedules are presented using the modified accrual bauis of accounting for
governmental funds and the accrual basis for proprietary funds, which is described in the Note. 1 of
the notes to the city's financial statements- Such expenditures are recognized following the cost
principles contained in the Uniform Guidance for all awards with the exception of C'k 0A 21.019,
which follows criteria determined by the Department of Treasury for allowability of costs- Tinder
these principles, certain lypes of expenditures are not allowable or are limited as to reimbursement.
'I he information in the SH:A is presented in accordance with the requirements of the Uniform
Guidance. Therefore, some amounts presented in the SEFA may differ from amounts presented in,
or used in the preparation of, the basic financial statements. Pass -through entity identifying
numbers are identified where available.
3. INDIRECT COST RAPE
The City has elected not to use the 10o de ininimis indirect cost ratec allowed under the Uniform
Guidancc.
&. C'ONTIN[GENCIES
Under the terms of federal and state grants, additional audits may be requested by the grantor
agencies and certain costs may be questioned as not being appropriate expenditures raider the terns
of' tile grants. Such audits could lead to a request for reimbursemenl to the grtnnor agencies.
City Council 12 — 18 4/20/2021
HOUSING AUTHORITY OF THE CITY OF SANTA ANA
FINANCIAL, DATA SCHEDULES
City Council 12 — 19 4/20/2021
CITF OF SAN I'A ANA, CALIFORNIA
Housin{; Authorit% ut'the City of Santa Ana
Financial data Schedule of Assets, Liabilities, and Equity
Jlloc 30, 2020
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City Council 12 — 20 4/20/2021
12
CITF OF SAN I'A ANA, CALIFORNIA
Housing Authorit% ut'the City of Santa Ana
Financial Uata Schedule of Revenues, Expenses, and C'.hnlges In Lquiry
For the Fiscal Year Fnded .hire 30, 2020
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City Council 12 — 21 4/20/2021
I :1
SCHEDULE OF FINDINGS
AND QUES`I'IONVI) COSTS
S
City Council 12 — 22 4/20/2021
Ctl Y OF SAM A ANA, CAI.IFORNIA
SCHFDUIJ{ OF PINI)INGS AND QU1:'S_IIONFD COS1 S
FOR THE YEAR ENDED JUNE 30, 2020
Section 1— Summary ol'Auditors' Results
Financial Statements
1 . 'type of auditors' report issued:
2. httemal control ova- financial reporting:
• Material wcakncss(cs) identified?
• Significant dcticicney(ics) identified?
3. Noncompliance material to financial
statements noted?
Federal _ lwards
1 , Internal control over major federal programs:
• Mataial wcakncss(cs) idcattificd?
• Significant dcficicncy(ics) idcntificcl?
2. Type of auditors' report issued on
compliance for major federal programs:
3. Any audit findings disclosed that are
required to be reported in accordance
with 2 CI`It 200.516(a)?
Identification of Afajor Federal Prggramx
CFDA Number(s)
14.218
97.067
21.019
Dollar threshold used to distinguish between
Type A and Type B program;:
Auditee qualiticd as low -risk auditee?
City Council
Unmodified
t lnmodi fled
yes x no
ycs x none t'epor[ed
yes x no
yes x no
yes x nonc reported
yes x no
Name of Federal Program or Cluster
Connnunity Development Block Grants Cluster
I lomcland Sectu•iry Grnnt Progr'nm
Coronavirus Relief Fund
S 1.773207
x yes
12-23
14
BE
4/20/2021
CIIYOI SAMAANA,CAI.IIORNIA
SCHFDUI 1{ OF FINDINGS AND QUI:.SIIONFD COST S
(CONTINUED)
FOR THE YEAR ENDED .TUNE 30, 2020
Section 11— Financial Statement rindintrs
out audit did not ilisclosc any matters required to be rcportcd iri accordancc widt Govcrmuent
Auditing Standards.
Section 111-1-7adings and Questioned Costs — Mgjor Vederal Programs
Our audit did not disclose any matters required to be reported in accordance with 2 CFR 200.516(a).
City Council
15
12 — 24 4/20/2021
CITYOI SAN"IAANA,CAH FORNIA
SUMMARY SCHI:.DUI F.01: PRIOR-YLAR AUD[T I�INDINGS
FOR THE YEAR ENDED JUNE 30, 2020
Neetian T— Finaneial Statement Findinvw
Nonc noted.
Section !! — Findings and Questioned Costs — Afaiar Federal Programs
None noted_
City Council
16
12 — 25 4/20/2021
Library
https://www.santa-ana.arg/library
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Grant Resolution and Appropriation Adjustment
AGENDA TITLE:
Adopt a Resolution Accepting Grant Funds from the California State Library for the
Workforce Partnership Initiative Project and Approve an Appropriation Adjustment to
Recognize and Appropriate the Grant Fund (Non -General Fund)
RECOMMENDED ACTION
1. Adopt a resolution accepting grant funds in the amount of $16,500 from the California
State Library for the Workforce Partnership Initiative project to offer workforce training
to Santa Ana residents and authorize the City Manager and her designee, the Library
Services Director, to complete, sign, and deliver any required document as it relates
to the grant and its implementation.
2. Approve an appropriation adjustment to recognize $16,500 in grant revenue from the
California State Library and appropriate $16,500 into the corresponding expenditure
accounts (Public Library Grant Fund) in implementing the program.
DISCUSSION
The Santa Ana Public Library (SAPL) is committed to providing high -quality learning
experiences through a variety of programs, services and collections. According to the
State of California Employment Development Department, the unemployment rate for
Orange County in January 2021 was 7.4 percent compared to 2.9 percent a year ago.
Further, there was a decline of 51,000 jobs between December 2020 and January 2021.
At a time when unemployment is high and the need is great, SAPL's partnership with the
Santa Ana WORK Center (SAWC) will enlarge the network of support for jobseekers.
SAPL and SAWC staff possess knowledge and expertise that each other need to provide
access to information and support for unemployment application processes. This includes
offering support for resume writing and interviewing, providing access to the internet.
offering resources to grow job related skillsets, best practices for the hiring process, and
for sharing soft skills so as to present well in interviews and on the job.
City Council 13 — 1 4/20/2021
Grant Resolution and Appropriation Adjustment
April 20, 2021
Page 2
Using federal CARES Act funding, the California State Library purchased a JobNow/
VetNow subscription for all public libraries in California. JobNow/VetNow provides free
live online assistance for job seekers, veterans, and their families and is available on the
Library's website. Staff training and experience with using this e-resource is needed in
order to confidently refer users to the website, understand what is possible with the
platform, and know when to refer users to their local Labor and Workforce Development
Agency. A good working relationship between SAPL and SAWC will help facilitate a
"warm hand-off" for referred patrons and clients. Staff will also be better equipped to
provide useful, effective, and meaningful employment support to jobseekers and those
wanting to make a career change. Furthermore, staff will have better knowledge of
resources in their community for jobseekers.
For this Initiative, SAPL will launch a Laptop Lending Program that will circulate 10
Chromebooks with mobile hotspots, providing access to technology and skill development
in the areas of workforce resources, resume creation, job search techniques, and
interview skills. The Library will also conduct two outreach activities to promote a job fair
and workforce development resources/services provided by the SAWC and the
JobNow/VetNow database.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
An appropriation adjustment to recognise revenue and appropriate funds to the respective
accounts is shown below.
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 20-21
15411002-52001
Revenue
LSTA-Library Grants
$16,500
Federal
Revenue, Federal
Grant -Indirect
Grant -Indirect
FY 20-21
15411194-63001
Expenditure
LSTA-Workforce
$16,500
Federal
Training, Miscellaneous
Grant -Indirect
I Operating Expenses
EXHIBIT(S)
1. Resolution
2. Award Letter
Submitted By: Brian Sternberg, Executive Director of Library Services
Approved By: Kristine Ridge, City Manager
City Council 13 — 2 4/20/2021
LR 4/20/21
RESOLUTION NO. 2021-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA ACCEPTING A GRANT FROM THE
CALIFORNIA STATE LIBRARY FOR THE LIBRARY'S
WORKFORCE PARTNERSHIP INITIATIVE WITH THE
COMMUNITY DEVELOPMENT AGENCY IN THE AMOUNT
OF $16,500 AND AUTHORIZING THE CITY MANAGER OR
HER DESIGNEE TO NEGOTIATE AND EXECUTE ANY
AGREEMENTS OR AMENDMENTS THERETO THAT MAY
BE NECESSARY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
WHEREAS, the California State Library has certain grant funds available
pursuant to the federal Library Services and Technology Act;
WHEREAS, the City's Library Services Agency submitted an application for
these grants funds for a Workforce Partnership Initiative Project ("The Project").
WHEREAS, the City was notified that it has been selected for a grant award, by
the California State Library, in the amount of $16,500 for the Project.
WHEREAS, as part of the Project the City's Library Services Agency and the
Community Development Agency will partner together using the City's Work Center
resources and Library Resources to offer work force training to residents of the City,
WHEREAS, the Project will provide resources, training, and support for library
staff working with adults in the areas of employment, unemployment benefits
applications, job skilling, resumes, interviewing, and career change, and
WHEREAS, the Project will also create a partnership with the California Labor
and Workforce Development Agency to share resources, training, and understanding for
the benefit of California residents in the job market.
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares that the City of Santa Ana hereby accepts the award of grant funds from
the California State Library in the amount of $16,500 for the Project.
Section 2. The City Council of the City of Santa Ana hereby authorizes the
City Manager or her designee on terms acceptable to the City Attorney, to execute any
documents that are necessary to accept the grant award for the Project described
City Council 13 — 3 4/20/2021
Resolution No. 2021-XXX
Page 1 of 2
herein including but not limited to negotiating and executing the grant agreement and
any amendments thereto on behalf of the City and required reporting;
Section 3. This Resolution shall take effect immediately upon its adoption by
the City Council and the Clerk of the Council shall attest to and certify the vote adopting
this Resolution.
ADOPTED this day of April, 2021.
Vicente Sarrniento
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: (TauA9- A . R
Laura A. Rossini
Chief Assistant City Attorney
AYES:
NOES.
Councilmembers
Councilmembers
ABS I AIN: Councilmembers
NOT PRESENT: Councilmembers
Cl :irlilC%rNor
Qy_'Iir "r_1rC�P►I_\Nj0T*Q7Ce]IkG\��i'1
I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2021-XXX to be the original resolution adopted by the City Council of the
City of Santa Ana on April , 2021.
Date:
Clerk of the Council
City of Santa Ana
City Council 13 — 4 4/20/2021
Resolution No. 2021-XXX
Page 2 of 2
THE BASICS — YOUR LSTA GRANT AWARD
The following provides all of the basic information about your grant and managing your grant.
Award #:
40-9114
File #:
W-05
IMLS #:
LS-246140-OLS-20
Library:
Santa Ana Public Library
Project Title:
Workforce Partnership Initiative
Award Amount:
$16,500
2019/2020 LSTA APPROVED BUDGET
Salaries/Wages/Benefits
$0
Consultant Fees
Travel
$0
$0
Supplies/Materials
$16,500
Equipment ($5,000 or more per unit)
$0
Services
$0
Project Total
$16,500
Indirect Cost
$0
Grant Total
I $16,500
Start Date: February 26, 2021
End Date: August 31, 2021
This project will be officially closed as of the end date listed above and no new expenditures may be generated,
nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned
within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed
45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report
within 60 days of the end date.
REPORTING
Financial and program narrative reports are required. All required reporting materialswill be located on the California
State Library's website at http://www-IibrarV.ca.gov/grants/library-services-technology-act/ . The forms, along with
instructions, will be on the website under the heading "Manage Your LSTA Grant." The Grant Guide for this project
will list specific reporting due dates. This letter and the enclosed list of LSTA procedural requirements amend the
Consolidated Application/Grant Award Certification document and must remain a part of all your existing copies.
Failure to provide timely reports is a serious breach of a grant recipient's administrative duty under the grant
program, which may result in federal audit exceptions against the state and the loss of LSTA funds.
PAYMENTS
Please noLe Lhis clarificaLion regarding payments. If your full grans amount is $20,000 or more, Len percent (10%) of Lhe
grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project
reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant
program.
,,, Gity, Council 13 — 5 4/20/202r1
Parks, Recreation, and Community Services
https://www.santa-ana.org/parks
Item # 14
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Purchase Order Contract for Shade Canopies at Fitness Courts at City Parks
AGENDA TITLE:
Award a Purchase Order Contract to Dave Bang Associates, Inc. to Provide Fabric Shade
Canopies over the Fitness Courts Located at Cabrillo, Delhi, El Salvador, Heritage.
Jerome, Lillie Kinq, Rosita and Thornton Parks, in an Amount Not to Exceed $151,401.62
(Non -General Fund)
RECOMMENDED ACTION
Award a purchase order contract to Dave Bang Associates, Inc. to provide custom fabric
shade canopies over the fitness courts located at Cabrillo, Delhi, El Salvador, Heritage,
Jerome, Lillie King, Rosita and Thornton Parks in an amount not to exceed $151,401.62,
subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
There are eight fitness courts located in City parks (Cabrillo, Delhi, El Salvador, Heritage,
Jerome, Lillie King, Rosita and Thornton Parks) throughout the city. The installation of
shade canopies over the fitness courts is essential in protecting participants from the
harmful effects of sun exposure experienced in Santa Ana. In addition, the shade
canopies will significantly lower temperatures and provide up to 98 percent UV protection,
help keep the equipment surfaces cool, and ultimately make the fitness court more
comfortable for users.
Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts
from any public agency utilizing a competitive bid process. The Colton Joint Unified
School District contract with Dave Bang Associates, Inc. for playground equipment & DSA
(division of shade architects) shade shelters was awarded as a result of open, competitive
bidding, and meets the City's requirements.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds are budgeted and made available in the following accounts for the specified year.
City Council 14 — 1 4/20/2021
Purchase Order Contract for Shade Canopies at Fitness Courts at City Parks
April 20, 2021
Page 2
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
FY 20-21
01213020-66220
Cannabis Public
PRCSA, Improvements
$116,392.76
Benefit Fund
Other Than Building
FY 20-21
05113263-66220
Capital Outlay
Capital Improvements,
$35,008.86
Fund
Improvements Other
Than Building
EXHIBIT(S)
1. Quote
Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
City Council 14 — 2 4/20/2021
Exhibit 1
Estimate
davebong
m m m;,
�4
a11111........ mMMMMMm
To: City of Santa Ana
Attn: Ali Borujerdi
20 Civic Center Plaza RM 429
Santa Ana, CA 92701
City of Santa Ana - Fabric Shade
CA246359
Estimate Date Salesperson
04/01/2021 Marc GUtfeld
Estimated Shipping Date
Shipped Via
FOB
Terms
6-8 Weeks
Truck- CA
Santa Ana
Net 30 Colton Joint Bid #18-02
Quantity
Description
Unit Price
Total Extended
7
Custom Canopies, 54' x 4U' x 40' Triangular Sails FabrncShade
$1 S,300.00
5107.1 00A0
with 4 Post, 2 Top and 10716/22 Entry Height
Less Colton Discount
($5,355.00)
1
Engineering
$1.1 UU.UU
$1.101.UU
15
Rebar Cages and Threaded Rod Assemblies for Fabric Shade
$530.00
$7,950.00
Shelters
1
Custom Canopies, 54' x 40' x 40' / SO x 4S' x 30' Triangular Sails
$23.107.00
$23,107.00
FabricShade with 6 Post, 3Top and I o7l6/22 Entry Height
Less Colton Discount
($1,1SS.35)
1
Englneering
$1,100.00
$1.100.00
6
Rebar Cages and Threaded Rod Assemblies for Fabric Shade
$530.00
$3,180.00
Shelters
1
Shipping
$1.700.00
$1,700.00
THIS ESTIMATEIS SUBJECT TO THEATTACHED TERMSAND CONDITIONS
Subtotal $1381726.65
I HANK YOU FOR I HIS CHANCE IO ES I IMA I E
Tax (9.25%) $12,674.97
'lave La.l0Asroclate.WC.I'PLLA`.CJ IO:UCMII I,i1,A6OV1, 1:1..1MAI[FOh YOURCON:IDLRA lON.: rIOULD YOU I'LALo
AN okr;Fk, RF A»I IRFD IT WI'. I RFC FTVF nI I PROMPT ATTFNTICN. THIS FMMATF K iIIRJF TTO T'.;F ATTAC,;Fn TFRMS
AND C.�NMTIO�`.A�01`.VA. iD FOR 70DA(-,T'.IrRrAFTrR,ITI:;IRJrCTTO CIIANCr WIT IOUTNOTrcr.
Total $151,401.62
Accepted By
Print Name:
PLEASE SIGN AND RETURN ONE COPY WHEN ORDERING.
Signature:
Date:
THANKYOII!
>, 4r ty yow'gcu III I TI 1 „ 1 14 - 3
4/20/2021
i=M1iNfi
I,tI it,ref
davebong
mmmm
�4
aaal "I II , ammmmmmaaam"mm
1. General Notes
'ASsetnhly znn 'StAl.)Mln NOT Inrlurerl nlesa. nthwwia.e nnrerl
*Payrncnt and PC' InaI1LC bonds aru
c NOT Includco unlc,: othcrw,, v itcd.
If required. addit'.onal charges will apply. Please call for details'
*( ISTrl reSpo )SIOIe for qu0terl allantiT'.e5 and moTI numbers, plea>e rncrk!
`Price I tflccLs quuleLl yu:+rdiLy. Plcese Icyucs[ lcvisiull if al',crna[c quillLily , desitcJ.
Estimate
CA246359
2. P'bj/ment /Ordering
'TO ORDER. ply se si"n q,wte and Ie,unl vI,I en ,1II ur fax to avoiLI It ry _I iipp Try delays. Fax or entail copy deerne(i to be legal egdivalenr of or I .. nil. If Paynwm.
murh Order IS requlrer, )IeaSe Sion quote below an return with P, yYcr L All paST C,Ie aCCOLl SOB eCt to Atfi mOnTnly finance Charge. In T le evenr legal anion
Is Icquu cd to clICCL Lollc(LiOII venue shall be Or nqc. CA.
3. Shio_n ina / Unloading
"Shipped by Common Carrier Customer will need 2 1 people to unload '_iRgate NOT incluaed. Items will be boxed and I or stretch wrapped To pallets and
r , , ri nnr c rrcpnn,ihlr fnr off'.nerliny. DrliVrry Dri.rw<An NOT nnlond
**IMPORTANT Lubtamcl a f Lsponsiblc for rccaVIM] and LYrtc'ainq quanLiLics and Carlo Lion ai. GRID of delivery - Plcasc TOLI, any shortaycs Or oamaycs on
ri PI'. very :rp;y.
*Nc Lwlrh ri..l land ng nythol,J to the cnnbuiyy t ally CcallrraLI Doo.mcnu duronler ands rstandls rh.0 c limited snlpmcnl rnr lot nrlres are art esrimab_ only.
We have in -r over Sh'. parent dares. We runs make no quarn,I to owner or (I tamer regarding The prolecred shipment flare, for materials and mall nor
Lit liable for allylo:o ca Uncrl uy Chc [trNnu ur,nlprucriG
4. Engineered Wood Flher
`fastarril to provide access for Engineered Wood Fiber del very with tractor truck and S2'trailer.
' Cusmmer To provide arress far Engineered Wood Hier del very with Tractor truck and 5i'Trailer.
*C rrnpertmn of nnr Fnglnrwrrl tNnnd Flhor Is NOT Inrlufird In Thr ncmll.lnnn rnsr, If rlrsvrn, plfo,r, rrflursr tin Illdnro rl pmr,nanl. If C lTr rr.. rill of rho
Engineered Waco FIbP" Was p1 rChasen, a IT C h capacity water sallrc2 sucl as a hydrant must be available It applicable, rile COST of a al and / or The Cott of
The wirer 1, NO III I,ICIEiI',n Tile pI opr, aJ IPW tEE(I m aC(ILIIrE [Y12 rOErEr.ltil! nr my rot rhE W3[Er, pie +i•E rEGUe:[ all UpCla[+1 pry?pG,vl
5. General Notes for Purchased installation
'llut+IlatlUti doe, NOI nLILal JIUL LI pr�par 9tlall cxcdVatlon.:irt,[y Lr IJUIly, Aldhir oXCCy oUrfa Cloy Uorder,, pr<p Work. flat WOr k. yrddln .I ru,itmy it
water. electric. Clralnage or sprinkler I. ties unles otherwise norea in dae pI oposal
*Uemo of existing eg Uiprn�nr or afery iL rfacing it. NO indI.Xied Unle otheror. o swreo it rie propoz;l
`ROCK CAJSE: Pricing is based on normal soil eandidons which would allow in auger on i tractor to dig tooting,. It rocks/boulders interfere with the progress
Of The exravaT',n T. innitir,nal fee, Ti apply.
-ACCLSS CAUSL lIr [Lila Clop based Or, dc- r IL x Cu area. Critic sE,Vi(c a NO Included. Customer [o provldc -.:coo for uob<at to NOT it ca. uuu[aI IM..II be
provided by installer. Minimum access shall be Iwl de and /' high. If adequate access Is not provided adaltional charges may apply and repair to landscape and
irriyatiorl may be Iegail eui. C n.umel Is resputuible lur arty repairs Lo IandsLape II It oiler access is not provided.
'UTI TTy t_A'�SE: InsLallat1011 to include Tr,r,rrq al Old ties by D'.q Alert. Dig Alert CANNOT IOCa Le any private lines. PVC or plastic water lines. Tns,allaLion Cues
NOT iu Judc repo-r Or IeILLOL y euy ca Jorytout'Ll obG,.,l o, x.Lll Ju drill aya, Ill yaGon, IIIrc weler Il e.. aiefli low hill", ges, cledtn Lel Lot. ua'/-Lod'.0'I, ur
sewer etc. Cusromers respon_ibil ry to prov de locations of any utilities at or to commencement of work
'L USTO ter 'S rE5p0n5i UlE fur all landSCapE epal S Rich 3q hOT "Or lilti TO damaged Trees, bU5he5 1avan., C,Irbitg, Sidewalks it d/Or isphalr piv'. rig ,apsed by
rnitcl Ial. ,rucld and/ot Lon bobcat needed to cornplrLC prOICCL.
xlnSrallaTIOIC does NOT include QmUnd preparation, excavation, Safety ri.r arrnq, and/or safety ; rrfacinq barriers unleSS orhenneSe noted
'Rcrm c we pruLceu I' it' Liz ployyro,I l! O,,Ilo6un, Lbc yl,ryyruLa lI orcn MUST be %.urvp..L,J, Lc free of dcbr o, end e.i,,v IL,J Plcasc all fit
details.
'L On(reTe pail for Surface rnpUnt items NOT inclOpIT I atio MI11,T he prpvldied by CIIS er rrnleS5 othetwi>@ Stated.
*Su-f. . IIIIInL,nd,Ul l.I y'.0 Jlliloll.a nip eraleosa NOT nLI,IJnJ _, ell uLhLl wise sLoLed.
'Pl male U-i lily '_uca Lur is NOT induced unless otherwise nexd. Or VILE ULili[y Laca',or CANNOT Iaca Le any PVC al plds Jc water lines
*InstallaCion does NO I relade saw cutl'. nq andror care crillinq unless otherwise noreo
'It I SCIl131101)[ICTu NO I rl(lU[IE jackrranlroet Ing. Fle;r;e.III f01' CieLail
'Area MJST have normal so I conditions and be level.
'All ArITPT r Eri,Iipment Coals such as, soccer, foothall, err, nSTall locatinn MUST be marked our by r,ISrnmer prior To nsTallaricn, If insrallar.n n was pur,: aced
P11 1 �ty youPcil nI II 1 n 1 f41-4 ,I, hI „I II;,,, 4/20/2021 rill• I
I '/n
Exhibit 1
Estimate
davebong iMMMMM
a1111111M Mm CA246359
II , I D I I-1 u j II , mMMMMMm
'Scr ul IlpY yl1Jard aa Idlor La nl pU¢vy Icr Linq Lo ppr cvcnL in uiLs, vandal I' III ancVor icudcr Lai Llarnayc to insLa I area or to the rLbbcr nc Ll sui lau' whdc 1 scls is
NOT In-11rrIpo Im1e s nr,rerl o , rlunrP. If Ile irerl, the ',nar311p . ran f IT I I rlurinn ral.P, If fit Irpmpnr lry rp vhrg i� rTfOmmPladpo Alrhnurth clip fp n, t If
prov dad is ntenced to provide mis security. the overall security of me pi operty Is ultimately the respond bility at customer. We are not responsible for any
vwrlahrin or '.. rifir es wen with role provb:ion of the fencing.
7. ADA Access
*Pla L4aiprncnt MUST b2'.,n5[3 ttl Over an.mp3CCdb501b.ng iuiracc,i.(h aS AUAC010p1',aOt Lngincercd WOOCI Fiber sir Ribber Sitric!rlg. -r [lot gUG(c(. please
call YC, details.
*I hi i 3re315 NO ADA COmpl., ant With OCt the r --uALation of rnryph.rn[ -IL facing 11u'1 31I ,rrP U e Tor re up in and nro The playgrnunl 31 e.3. Please r311 for
details
R. Poured -in -Place Rubber Surfacinn
*RLbber Surfacing cure me is normally 48-72 nours and can vary dependinq an weather conditions.
'Rr, hl:pr Surtart )g -annot oe installen during extreme weather ronmrion; inn may ab:n nor lip )walled if ra'...I) or fm<r ic forera.r ouring Thin o3re rime.
'40-1IOU[ Manucd S"Ur Ly is NOT IndUdod 101 rubber.
9. Shade Shelters (non DSA1
`Shade Shelter in tallatl on rice EXCLUDES unless otherwise stated in this quote - engineering, permit,, permit submittal, site plans, special Inspect'. ons. soil
repors: Impair fees. spedaPa le ,,ment fop,. Customer is responsible Inl any acid all of rheip lrem if rPquirpd oy The CIry.
'Shale Shelter n)anur ¢urc Clme 1: r-B wecl<s. Pcrmlcury can JULI 2-4wcel0 Ur more Co Iead Circle PLEASE NOTES,wdc Orders arc NOT rclo-i,eLI Inca (trod UCCIU11
until permit is issued!
*Sh3.: e Shelter ff ata1I300.1 PHOe X(:_UUL'S COOCrete pad, toor., og.., n1a:O111y COI...prir,, electrical WII'. rig 3iid 11yri[ unle<s ouierWlie rioted
10. Shade Shelters (DSA)
""0-8 Wcck Icad Tine I.. AFTER DSA approval byyoL.r aYUdtcCC Ur chUILC
C,,srom Bl'ro rBCPNB Shady shelter. It -PCP v ng by I1.5 '.s npedpd, pleas& call for pric'. ng an0 sere Is,
`Join e, he rmnfAPtipo In one mob 1173T On. Arlrlin anal moves will he ar1mr-lonal p, lr'.. ng if we if, P regr red TO renrnnII17& du& To srhpdnle ssup., se:p w. rk nr .a rielay
In nor,, not CJL:SCd by U_
i f'rlrinr) floes NOT Indlln B, arChlTPCtI,ral ;Irawings, 9rP/pinr plan;, DSA Snhmltt3l tPPS, Job S'.TP In Tpernr fees, Shnp welt'. Tin In SpPCnnn IBPS, 3ndllnr pBYmItS
*IAA in -plant Wolding InSprrtn IT nn hit IIf by rh,r 5r'nnnl 1) Srr. rr. WNrI ng ins[,( Tibor fir his. NOT hill (p for( (I
*school Ddtnct I ArchiLCCL Iu ponsiblu roc ,ubnr s:ion or plans Lo DSA for DSA approval
`faonca ron cannot start unt I inspections have seen coordinated. colors have been selected, and approved plans received
'Ta'Orir anon cannot Start Unnl in5pertinns have Oppo cOor(lin3ted, colors have. been SPIPrteO, and approved plat is Ieceived.
11. Prevail; no Wages
`Prcv3111i i[A WagcS NOT if [.Ijdcij unlccS UtherwlSc riotcJ. (IC Davlc Rarun, TFRO, Ct ) If TniS U` a Picvallh,y Wdye pro)jcj, fdcaSc rcyUc5t alter-iatc priring.
'II P, e,r,d Try Wages I Davis BJCan Wages were INCLUDED. all U-ner sped.A war lees NOT irclu Lled - Add.. Liorial '_ ibor Charges may;ipply it JlLerris.e labor Is
re Q'lire,,.
*If D1R Pru-LL'- Rcyl do - Ull is rnlU'.. red, work may rLA ul,yw c,,L,l we r,,,'.. vc Dili Prujc,-, ID utunbcr
12inderrin by Prely Slnn
'NLI wlLh1WHU ny onyLhiny to the ctu,uary in any CanLraCL Documents we shall have no duty Lu defend or irlijeftirl ;ly Owner, CUstorner, or arty a her parry we
a rpE in,PfPr,Cl or iolemnify in any Cpntrart Uo(;Umpnt5 for mar porno Of ary dal in arising out Of T' P COmpdianVe faUlr of any parry we AL PC To LlpfPi if or
irucnmay in any CUrAfaLL DUCWnahL`1
13. insurance
Available Insurance
,.m1) Plla I Fcrp,, I la Bility:
Ildl OLLAIrenCe- $2,000,000.00
AggregaLe-;2.000.000.00
General Li3b.lity _ mire
Dc(Iurublc - 42.500.00
Etch Occurrence - ti 1.000.000.00
I)aToanPTO RpI-- ^------
-. �f ty Q..00Ih
r 01 A s �4i-5 4/20/2021
Io,1 rn
,r In
Exhibit 1
Estimate
davebong m
aaraaaa1M " CA246359
,( D I tl-° j I "� �I , mMMMMMm
MepicaI Fxpense-$S.000.00
PfrSJoaI g, A v le)ory- $1,000,000.00
General AgyreyaLe (pw projecp- Q, 000.000-00
Pi ooucs Comp)OP Aqq - 52000,000.00
'_xrlu r'..e C.-,nrrarn;al Lia'oility
Av,,ljblc Endor_cmcob.:
Add,T. anal TnsurerJ Ongo'.. ng OperaT'.. on; CC2010
Adclit nn.il lnv.trerl ( r,mpleterl Ope�abnn CG Ati]
P, ,it a, NO,mwLribolOry 1FG-G-00it4
Waiver of Suorogalion CG 2404
e'er Prpletr Apgregate 1FC-G-Li0f.5
Per Lo,.riiou AyyrtyaLt LFG-G-0004
Auto '_iabili'-y Lirnils:
tAny Auto. MTretl Auto=. Non OwneO Aums)
C�irnbi)ecl 5ln01l Llrnit $1,000.000.00
Avoiloblc Lnclorscmcnts:
Aura P,l anker An dirional Tnsureri.ANai,w of St,,hrogaT'. on CAT iS4
Wn,kera romppncmiin tnrl Fm ployer-.I ieniOly:
Each AoStlntt-'L1,000.000-00
Disease (Ea Empl oyce) - 9.1.000.00OAO
Disease (Policy Llrnlq - $1.000.000.00
Waiver of Subroyalion ❑ulorsnitnl avj Jblt upou raqucA
CA WC040306
initial-
4r ty ygy'ncil I f 0 " 14 — 6
4/20/2021
shoolia SON*
Exhibit 1
Sails can he designed
to accommodate
irregular shaped
areas
® Attractive
Co
N-MMURM
Functional
There can be any
ntrnber ofposts
r;
and attachment
pointsfrom
3 upwards.
City Council
Public Works Agency
https://www.santa-ana.org/pw
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Traffic and Street Name Sign Purchase
AGENDA TITLE
Award Purchase Orders to Safeway Sign Company and Zumar Industries, Inc. for Traffic
and Street Name Signs, for up to a Five -Year Term, in an Aggregate Amount not to
Exceed $850,000 (General and Non -General Funds)
RECOMMENDED ACTION
Award blanket purchase order contracts to Safeway Sign Company and Zumar Industries,
Inc. for the purchase of traffic and street name signs for a three-year period beginning
April 27, 2021 and expiring April 26, 2024, with provisions for two, one-year renewals
exercisable by the City Manager, in an aggregate shared amount not to exceed $850,000,
subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The City of Santa Ana's Public Works Agency maintains approximately 30,000 traffic
signs, including 1,200 overhead street name signs, located at 304 signalized intersections
throughout the City. These traffic and street name signs are critical to promoting roadway
safety and efficiency by providing orderly movement of all road users on streets, alleys
and bikeways.
Traffic signs often require immediate replacement due to fading, vandalism, collisions or
as a result of engineering safety enhancements. Once the traffic sign is compromised, it
must be replaced as soon as possible to minimize impacts to the public. Similarly, many
Reflective Street Name Signs (RSNS) require immediate replacement due to illegible text,
fading, low retroreflectivity, graffiti damage, or to meet minimum reflectivity requirements.
Retroreflectivity (reflectiveness) is a critical property as this attribute makes signs visible
during nighttime hours. Most City RSNS have deteriorated over time due to weather
damage, material defects and vandalism, and many are currently at or below minimum
levels of reflectiveness.
In order to replace poorly functioning traffic and street name signs, a notice inviting bids
was advertised on March 12, 2021 on the City's online bid management and publication
system. A summary of the bid invitations and bids received is as follows'
City Council 15 — 1 4/20/2021
Award Purchase Orders for Traffic and Street Name Signs
April 20, 2021
Page 2
134 Vendors notified
11 Santa Ana vendors notified
29 Vendors downloaded bid documents
5 Bids received
Five bids were received and opened on March 26, 2021. After evaluating the bids, four
were determined to be responsive (Exhibit 1). One bid was deemed non -responsive due
to the firm's qualifications. The bids received from Safeway Sign Company and Zumar
Industries, Inc. were the lowest, responsive to specifications, and met the City's
requirements. Staff recommends awarding blanket purchase order contracts to Safeway
Sign Company and Zumar Industries to replace RSNS throughout the City.
Outreach Efforts
The Purchasing Division advertised this project on the City's online bid management and
publication system, which directly notified 11 Santa Ana vendors, none of which submitted
a bid packet for consideration.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds in the amount of $250,000 are budgeted and available for expenditure in the
current Fiscal Year 2020-21 and funds will be included in the annual proposed budget for
future years in the accounts indicated in the table below for the remaining agreement term
and extension options, if exercised.
Fiscal Year
Accounting Unit
Fund
Accounting Unit—
Amount
— Account #
Description
Account Description
Agreement 3-Year Term
2020-21
01117620-62300
General Fund
Contract Services-
$200,000
March -June
Professional
2020 21
General Fund
Roadway Marking and
(March -June)
01117625-62300
Signs/Contractual
$25,000
Service- Professional
2020-21
Public Works -
(March -June)
10117601-62300
Admin &
Administration & Planning
$25,000
Planning
Traffic Signal
2021-22
02917620-62321
Special Gas
Maintenance-
$100,000
(July -June)
Tax
Maintenance & Repair
Improvement
2021 22
General Fund
Roadway Marking and
(July -June)
01117625-62300
Signs/Contractual
$25,000
Service- Professional
City Council 15 — 2 4/20/2021
Award Purchase Orders for Traffic and Street Name Signs
April 20, 2021
Page 3
Fiscal Year
Accounting Unit
Fund
Accounting Unit—
Amount
— Account #
Description
Account Description
2021-22
Public Works-
(JUly-June)
10117601-62300
Admin &
Administration & Planning
$25,000
Planning
Traffic Signal
2022-23
02917620-62321
Special Gas
Maintenance-
$100,000
(July -June)
Tax
Maintenance & Repair
Improvement
2022-23
General Fund
Roadway Marking and
(July -June)
01117625-62300
Signs/Contractual
$25,000
Service- Professional
2022 23
Public Works -
(July -June)
10117601-62300
Admin &
Administration & Planning
$25,000
Planning
Traffic Signal
2023-24
02917620-62321
Special Gas
Maintenance-
$85,000
(July -April)
Tax
Maintenance & Repair
Improvement
2023-24
General Fund
Roadway Marking and
(July -April)
01117625-62300
Signs/Contractual
$20,000
Service- Professional
Public Works -
2023-24
(July -April)
10117601-62300
Admin &
Administration & Planning
$20,000
Planning
Extension Opt on
Traffic Signal
2023-24
02917620-62321
Special Gas
Maintenance-
$15.000
(April -June)
Tax
Maintenance & Repair
Improvement
2023-24
General Fund
Roadway Marking and
(April June)
01117625-62300
Signs/Contractual
$5,000
Service- Professional
2023-24
Public Works -
(April -June)
10117601-62300
Admin &
Administration & Planning
$5,000
Planning
Traffic Signal
2024-25
02917620-62321
Special Gas
Maintenance-
$25,000
(July -June)
Tax
Maintenance & Repair
Improvement
2024-25
Gcncral Fund
Roadway Marking and
(July -June)
01117625-62300
Signs/Contractual
$25,000
Service- Professional
2024-25
Public Works -
(July -June)
10117601-62300
Admin &
Administration & Planning
$25,000
Planning
2025-26
02917620-62321
Special Gas
Traffic Signal
$25,000
Jul -April
Tax
Maintenance -
City Council 15 — 3 4/20/2021
Award Purchase Orders for Traffic and Street Name Signs
April 20, 2021
Page 4
Fiscal Year
Accounting Unit
Fund
Accounting Unit—
Amount
— Account #
Description
Account Description
Maintenance & Repair
Improvement
2025-26
General Fund
Roadway Marking and
(July -April)
01117625-62300
Signs/Contractual
$25.000
Service- Professional
2025-26
Public Works -
(July -April)
10117601-62300
Admin &
Administration & Planning
$25,000
Planning
Total Contract Amount
$850,000
EXHIBIT(S)
1. Abstract of Bids
Submitted By:
Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 15 — 4 4/20/2021
ABSTRACT OF BIDS
REFLECTIVE STREET NAME SIGNS (21-040)
TIR
Lotus USA, Inc.'
Maned Sign Company
Rockart Industries. Inc.
Safeway Sign Company
Zumar Industries, Inc.
LOCATION TOTAL
Los Angeles, CA $2,274.80
Gardena, CA $3,429.62
Mesa, AZ $3,212.16
Adelanto, CA $2,369.63
Santa Fe Springs, CA $3,031.36
'Nonresponsive Bid
Note: Bid totals are based on pricing for quantity of one per type of sign.
City Council 15 — 5 4/20/2021
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
April 20, 2021
TOPIC: Purchase of John Deere 410L Backhoe
AGENDA TITLE
Award a Purchase Order in the Amount of $145,939 for One John Deere 410L Backhoe
to Bragg Investment Company Inc., DBA Coastline Equipment (Specification No. 20-138)
(Non -General Fund)
RECOMMENDED ACTION
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,
with 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.
DISCUSSION
The Public Works Agency Water Resources Division is in need of a new backhoe to
replace the current vehicle purchased in 2001. 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 operations include the following: trenching, excavation, and
moving/lifting heavy equipment and objects such as asphalt and backfill material. The
vehicle is crucial and heavily utilized in responding to water system repair and
maintenance events.
The Public Works Agency's Fleet Services Division (Fleet 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 of 15 years or
7,000 hours.
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
City Council 16 — 1 4/20/2021
Purchase of John Deere 410L Backhoe
April 20, 2021
Page 2
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:
Vendor
Location
Amount
Bragg Investment Company Inc.
Long Beach, CA
$135,938.38
Quinn Company
Foothill Ranch, CA
$149,117.00
Sonsray Machinery
Santa 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 4101 Backhoe in the amount of $135,939, and a $10,000 contingency
for a total amount not to exceed $145,939.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds in the amount of $145,939 are available for expenditure in the current Fiscal Year
2020-21 as follows.
Fiscal
Year
Accounting Unit-
Account #
Fund
Description
Accounting Unit,
Account Description
Amount
Water System
2020-21
06017641-66400
Water Fund
Maintenance,
$145,939
Machinery & Equipment
Total
$145,939
EXHIBIT(S)
1. Abstract of Bids
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 16 — 2 4/20/2021
Item Description
CITY OF SANTA ANA
Bragglnvestment
Long Beach, CA
Alternate Product Alternate Product
Quinn Company Sonsray Machinery
Foothill Ranch, CA Santa Fe Springs, CA
John Deere 410L Backhoe Model Year 2020 or
1
Newer
$115,SS0.00
$128,000.00
$116,339.UU
2
9.25% Sales Tax
$10,G88.38
511,840.00
$10,7G7.3G
3
Subtotal
$126,238.38
$139,840.00
$127,100.36
4
Extended Warranty (Non Taxable)
$2,850.00
$9,270.00
$9,374.67
S
Ueshnahon and Delivery (Nor) taxable)
$6,850.00
$0.00
$O.UO
6
California Tire Fee (Non Taxable)
$0.00
$7.00
$7.00
7
Misc. Fees (Non Tdxdble)
$0.00
$0.00
$699.00
8
Total Price per vehicle
$115,938.38
$149,117.00
$137,181.03
9
1% Locdl Vendur Preference
N/A
N/A
N/A
10
Final Bid Amount as Determined by Basis of Award
$135,938.38
$149,117.00
$137,181.03
City Council 16 — 3 4/20/2021
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
April 20, 2021
TOPIC: Purchase of Van for the Santa Ana Zoo
AGENDA TITLE
Award a Purchase Order in an Amount not to Exceed $89,257 to National Auto Fleet
Group for One Ford Transit Crew to be Used as a Zoomobile for the Santa Ana Zoo
(Specification No. 21-007) (Cannabis Public Benefit Fund)
RECOMMENDED ACTION
Authorize a one-time purchase and payment of purchase order to National Auto Fleet
Croup for the purchase of one Ford Transit Crew T-350 van, in the amount of $84,257,
plus a contingency of $5,000, for a total amount not to exceed $89,257, subject to non -
substantive changes approved by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Zoo, through fun, education and recreation, empowers the community to
save wildlife and wild spaces. To that end, the Zoo's Community Connections, which
includes The Zoo & You program, plans to expand and increase their applied and hands-
on science education by bringing resources and services into the community to create
multiple points of interaction between the Zoo and Santa Ana youth. Individual programs
will be youth -led and inspired by youth's interests, while rooted in S.T.E.A.M. (Science,
Technology, Engineering, Arts and Mathematics) concepts aligned with State education
standards. Each interaction will reinforce science concepts, allowing for natural discovery,
exploration and development of a connection and sense of place within the natural world.
Connecting youth to nature, even in the middle of a City, fosters empathy, knowledge and
respect for oneself and the community they are a part of.
The requested Ford Transit Crew T-350 van will be converted to a Zoomobile and used
to provide these offsite educational programs, and transport ambassador animals into the
community in a manner that is safe for both the animals and the youth. Features of the
new Zoomobile include the following: a generator, exterior lighting system, and an
awning, which will create a unique learning environment for the community. An internal
sink and hose bib will provide water for animal care during extended outreach. The new
customized vehicle will be a mobile representation of the Zoo and a destination in itself.
City Council 17 — 1 4/20/2021
Purchase of Van for the Santa Ana Zoo
April 20, 2021
Page 2
Santa Ana Ordinance No. NS-2312 authorizes the City to utilize purchase contracts from
any public agency utilizing a competitive bid process. Sourcewell (formerly National Joint
Powers Alliance), awarded a contract to National Auto Fleet Group (Contract No. 120716-
NAF) for procurement of Cars, Trucks, Vans, SUVs, & Other Vehicles as a result of open
competitive bidding on behalf of its members, which includes government agencies.
Utilizing the contract awarded to National Auto Fleet Group allows the City to make
purchases through January 17, 2022, and is in accordance with the City's existing
Purchasing Guidelines.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds are budgeted and made available in the following account for the specified year.
Fiscal
Accounting
Fund
Accounting Unit,
Amount
Year
Unit -Account #
Description
Account Description
Cannabis
2020-21
01213020-66400
Public Benefit
PRCSA Youth Services,
$89,257
Fund
Machinery & Equipment
Submitted By:
Lisa Rudloff, Executive Director— Parks, Recreation, and Community Services Agency
Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 17 — 2 4/20/2021
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
April 20, 2021
TOPIC: Main Library Roof Improvements
AGENDA TITLE
Award a Construction Contract to Best Contracting Services, Inc., in the Amount of
$491,188 for the Main Library Roof Improvements Project With an Estimated Project
Delivery Cost of $552,000 and Amend the Fiscal Year 2020-21 Capital Improvement
Prograrn (Project No. 21-7536) (Non -General Fund)
RECOMMENDED ACTION
1. Award a Construction Contract to Best Contracting Services, Inc., the lowest
responsible bidder, in accordance with the Base Bid in the amount of $491,188, for
construction of the Main Library Roof Improvements Project, for the term beginning
April 20, 2021 and ending upon project completion. Authorize the City Manager to
execute the contract subject to non -substantive changes approved by the City
Manager and City Attorney.
2. Approve the Project Cost Analysis for a total estimated construction delivery cost of
$552,000, which includes $491,188 for the construction contract, $20,812 for contract
administration, inspection and testing, and a $40,000 project contingency for
unanticipated or unforeseen work to be funded from Community Development Block
Grant (CDBG) funds.
3. Approve an amendment to the Fiscal Year 2020-21 Capital Improvement Program to
include $552,000 in construction funds for the Main Library Roof Improvements
Project, to be funded from CDBG funds.
DISCUSSION
The City of Santa Ana Main Library (Exhibit 1) was constructed in 1959 and has been
regularly maintained over the years. The 20-year-old roof is scheduled for replacement,
with its deteriorated state being a result of normal wear and tear. Replacement of the
roof will extend the life of the facility and allow residents to continue enjoying the many
services that the library provides. The proposed Capital Improvement Program
amendment allows for the repair of this City facility to be included in the capital
improvements program (Exhibit 2).
City Council 18 — 1 4/20/2021
Award a Construction Contract for Library Roof Improvements
April 20, 2021
Page 2
Public Outreach and Contractor Participation
A Notice Inviting Bids was advertised in the Orange County Register newspaper on
January 21 and January 28, 2021 to provide an opportunity for local vendors to submit
bids. The project was also advertised on PlanetBids, and bids were received electronically
via PlanetBids on February 23, 2021.
The City notified a total of 138 regional vendors via PlanetBids, six of which are Santa
Ana based, and 37 vendors requested bidding documents. Bids were riot received from
any Santa Ana contractors.
Bid Results Summary
RANK
BIDDER'S NAME
LOCATION
BASE BID
1
Best Contracting Services, Inc.
Gardena
$491,188
2
Chapman Coast Roof Co., Inc.
Fullerton
$506.485
3
Letner Roofing Company
Orange
$666,150
A total of five bids were received, with three bids being deemed responsive. Best
Contracting Services, Inc. submitted the lowest responsive base bid in the amount of
$491,188 (Exhibit 3). Based on the bid analysis and a contractor's reference check, staff
recommends awarding the construction contract to Best Contracting Services, Inc. in the
amount bid (Exhibit 4).
Project Delivery
To deliver a complete project with the addition of 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 include construction rnanagernent,
implementation of the City's Community Workforce Agreement, inspection of the
Contractor's work to ensure contract compliance, workmanship, and quality, and material
testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table
below, the estimated total construction delivery cost of the project is $552,0006
Construction Contract
$491,188.00
Construction Administration, Inspection, and Testing
$20,812.00
Contingencies
$40,000.00
ESTIMATED CONSTRUCTION DELIVERY COST
$552,000.00
City Council 18 — 2 4/20/2021
Award a Construction Contract for Library Roof Improvements
April 20, 2021
Page 3
ENVIRONMENTAL IMPACT
In accordance with the California Environmental Quality Act, the recommended actions
are exempt from further review. Categorical Exemption Environmental Review No. ER-
2021-34 was filed for this project.
FISCAL IMPACT
As indicated in the Cost Analysis, the estimated total construction delivery cost of the
project is $552,000, which includes the construction contract, contract administration,
inspection, testing, and project contingency. With the approval of the amendment to the
Fiscal Year 2020-21 Capital Improvement Program, funding for this project in the amount
of $552,000 will be available from Community Development Block Grant (CDBG) funds.
Funding for this project includes $300,000 from the approved Fiscal Year 2020-21 CDBG
funding plan and $252,000 from unspent prior year CDBG funds. All funds are available
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.
The following table summarizes the funds budgeted for expenditure to deliver
construction of this project:
Accounting Unit -
Fund
Accounting Unit —
Fiscal Year
Account No.
Description
Account No. Description
Amount
(Project No.
PROJECT BUDGET
FY 2020-21
13518783-66200
Community
Development
CDBG Programs,
$552,000
(21-7536)
Block Grant
Building Improvements
Total
$552,000
1. Location Map
2. Amended FY 2020-21 GIP Project Sheet
3. Bid Proposal
4. Construction Contract
5. Cost Analysis
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By. Kristine Ridge, City Manager
City Council 18 — 3 4/20/2021
SANTA ANA
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CFRTTr7JCAT.T0.N OF'UNDFRSIANDING
AND A UTi TCIRIZATION
11tojeu Name: _MAIN I.IB[WtY ROOF IMPROVEMENTS
Project Number: __ 21-75-36
This is w,;crfily that ffir rfinCIPON and the authorized pkYmIl cifficrr, bvlow, have read and undetstand the labor
standards c.tauses pertaining to the subject proicip.
The following pmmun(s) is designated as the payroll officer for t1ju undersigted and is authofimcl to sign the
Statement elf compliance, w1rinh will accOmpArly our weekly certified payroll repons felt this prujmt
VaYNA Officer's
Payroll Oflicef's SIjainture
Comacwds uburjntrjtcto r
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Carnlpany Name: (Best Carrtracting Services, Inc.
Dun & Bradstreet D-t.)-N-SO Number: n 1.312 3483
Overview of Your Dun & Bradstreet Business Credit Score;
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class
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Sent: I riday, A(m.)"10 )0, 2019 12,53 PM
70: f1poni tlmvs
subjt: r.-.(.0.11 IRMA f ION: Registration Submitted for Best Contracting Services, Inc.
113 l?'4011 /I OU P in the US. Government's .iystern for Aware] Management (SAM)
Thh; email was 5e.,nr by an auramared adminl5rrarri'. Please do not reply to this raessaye.
Dear Penai Ramos,
You successfully submitted the witity for A P%k ContraetSreg Services, Inc /1111?1481 /1 [ju 12 In the l).S.
Government's System for Award Management (SAM). This registration record will remain in Submitted status until all
external validations are Lurnplete. What happen, next?
1- If You provided A Taxpayer ldenfific;,tlon Number (71N), the Internal Revenue ServIce (IRS)wgil conduct a validation of
your IIN and Taxpayer Nance. This step can take two business days. You will pet art email from @im.fjovwhen that
review is complete.
2. Your registration will then he sent to the I)efPrise Logistic; Agency (1)[A) Commercial and Government Entity (CAr.,L)
Code sy5tern for assignment or validation of your (AGIi, Code- f his step averages two business days, hut: the OLA CAGE
team can take up in turn business days, cr longer, In peak periods. You will get in entail frorn @sarn.grry when that
review is complete.
3. If the 141A CAGE team has any aueStlons, they will contact the individual you listed is the Government Business Point
of Contact (POC) via email. The email will come from an (a)dln.rnil address. Please fell your Government Business POC. to
re,pond tight away to any icqumb frorn are @d[j,mil witail. 11 a tirnely icsponsc is riot IrCLOVO, Your FeplStratfOrt will be
returned to SAM and your registp,-.itiort status rh-aneed to Work In progress. You will have to resubmit and provide the
requested Information to DLA CAGE to continue.
-C You will got an Pirn a i I tram I I P�sarmgov when your reghtration passes these, vxtwnjI validmficins and becomes Active,
While you are waiting, ing, use the Check Status tab in the SAM main navigation bar to see where your regi
stration is in the
review process.
5. If You havP not Previously submitted a notarized letter fornially de.Signating the rntity Administrator for your entity,
YOkk Mast do SO now. USE' the irlurtiCtiOrIS at: irtt
P kbtil d1,6738db0d5fOOb3257d!,
signed notarized letter ba the fallowing address. Failure to dr3 so within 6U daya uL +ctivation may res,lt ire the
rxegistration no lon&r being active. NOTr You ate not required to provide e, notarized letter for a federal entity
repistrution.
F r DrRAL SERVICE' Dr. SK
NfIN
460 INDUSYRIAL BIND
LONVON KV 40?41-7285
Remember, this process is entirely rRET to ycrrj. It is rRrr to register and maintain your registration in SAM. It is RK to
Net help with your registration. C.antnO our supporting federal.Service NnIc at www.lsitgov, or by telephone it 866
606-8V,I) (trill frrw) or 134-206-/828 (internationally), for WEE help.
City Council
&-il-isp: 18 –&nhsp;57
4/20/2021
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Irnllhi rf rIeII gl'f If (I lr.d d1 ,iVStan ll'dpr4to, �h'll d{l.�, wl.[Th11 1,11 IF, nl f(eIIIfg(➢"o"I(711 rltllIilIr fat[I,'f ,I'13t jnrI' Pnr]tm
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Ifhle'q A I II i flo Awma rel Man Iglml(I nt Q'SAMPo A,InM mrtnftrjn
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City CuunOil
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4/20/2021
&II)Sp;
CITY OF SANTA ANA
CONSTRUCTION CONTRACT
PROJtiCT' 21-7536
MAIN LIBRARY ROOF IMPROVEMENTS
Phis CONSTRUCTION CONTRACT" is made and entered into this 20th day of April, 2021 by and
between the City of Santa Ana, California, s charter city and municipal corporation organized and existing
under tire Constitution and laws of the Stale of California (hereinafter "CH Y" ), and Best Contracting
Services, Inc. (hereinafter "CONTRACTOR").
WITN ESSElII:
The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agi'ce as follows:
I. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and
expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction
of the City Engineer of the CITY, the Main Library Roof Improvements Project (hereinafter referred
to as the - WORK Oh IMPROVI Mf-A I—) identified in and in accordance with the Contract
Documents prepared by the City's Public Works Agency and approved by the City Council.
2. Thl: complcu• Construct ion C'onuacr consists of the "Contract DOCur'rle1114" as dclmed by the Standard
Specifications for Public Works COnan nCtiOn and which inCludc the following,_
• Notice Inviting Bids
• Information to Bidders
• Bid Proposal
• Bid Bond
• Contract Form
• Contract Bonds
• General Provisions
• Special Provisions
• Technical Provisions and Project Plans
• Conununity Workforce Agreement
• Appendices
In case of conflict betwccn the Contract Documents, the precedence of documents shall be as
established in the Standard Specifications for Public Works Construction_
3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF
IMPROVEMENT the tium total zunoutrt not to exceed Four Hundred Ninety -One Thousand One
Hundred Eighty Fight and No Cents ($491,188.00), as set forth and identified in the BID PROPOSAL
which is attached hereto and incorporated herein as Exhibit "A."
The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate
quantities only, and [lie City does not expressly or by implication agree that the actual amount ofwork
will correspond therewith, but reserves the right to increase or decrease the amount of any Class or
portion ofthe work or to omit portions of the work as may be deemed necessary or advisable.
City Council 18 — 59 4/20/2021
ovnI/2oI) Page I of 3
4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in
the Time for Completion of Improvements section of the 1311) PROPOSAL (Lxhibii `A") including
conmrencirrg construction within the timeliame therein specified after issuance ofa Notice to Proceed.
5. The CON HRA(' TOR will pay, and will require all subcontractors to pay, all employees on the WORK
OF IMPROVEMENT a salary or wage at ]cast equal to the prevailing salary or wage established for
such work as set forth in the wage determinations for tills work in accordance with applicable State
and Federal law.
6. If applicable, the CONTRACTOR shall adhere to the Cl'IY'S Community Workforce Agreement
(CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and
procedures for CONTRACTOR to Ballow in the crafts persons employed to complete the WORK OF
IMPROVL-MLNT as more fully described in the CWA. The CWA may be found on the City s website
at: hupJ/ww �,uiti in.or1/ptir/dOCLit nLnl /CWAjrdf
7. CON fRAC OR shall, after award of this Contact, furnish two honds to be approved by the CITY,
one in the amount of One Hundrecd Percent (100%) of the Contract price, to guarantee the faithful
performance ofthe work (Performance Bond), and one in the amount ofOne Hundred Percent (100°/�)
of the Contract price to guarantee payment ol'all claims for labor and materials furnished (Payment
Bernd). This Contract shall not become effective until such bonds are supplied to and approved by the
CITY.
8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention
payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond
shall also be required as a condition ofproject acceptance- For projects up to FIVC Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater ofTen Thousand Dollars ($10,000)
or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand
Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars
($100,000) or Ten Percent (10%) ofthe final contract price.
9. CON FRAC'1'OR shall, after award of this Contract, furnish Certificates of Liability In an-aoce and
Worker's Compensation htsurance as outlined in the General Provisions, to be approved b_y the CITY.
10. 1NDEMNIf 1CAUON.
To the fullest extent allowed by law, CONTRACTOR and its `;ubcontartors hereby agree to defend,
indemnify, and hold harmless CF)Y, its City Council, boards and commissions, officers, agents,
employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitces"),
through legal eowisc;l acceptable to CITY, from and against any liability, claim3, actions, vests,
damages or losses, including reasonable costs and attorney's lees, for injury, including death to any
person or damage to any property, wising directly or indirectly from, or in any manner relating to, any
of the following:
(i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its
Subcontractors of any lower tier;
(ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier,
ofany ofthe obligations under the Contract Documents;
City Council 18 — 60 4/20/2021
Pa�,e 2 of 3
(w) Thc cirnsu-ucuon aarortus of CO 1 f0C'TOR or its Subcontractors of any lower tier, either
on the project site or on other properties;
(iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower
tiers for Work of Improvement pet l'ormcd on or off the project site: and
(v) Any personal injury, property datntage or economic loss to third persons related to and arising
from the performance or nonpertbrinance by CONTRACTOR or its Subcontractors of any
lower tier, ofthe Work oflmprovement
(vi) The indemnity obligations of SnbC011L1-aCL0I-S provided by this Section shall be included in all
subcontract documents issued by CONTRACTOR.
Nothing in the Contract Documents shall be consuved to give rise to any implied right of indemnity in
favor of CONTRACTOR against CITY or any other Indcmnitee.
IN WITNESS WI IFRI'.01=, the parties hereto have et:ecuted this Construction Contract on the day and
year first above written_
ATTEST:
DAISY GOMIY
Clerk Of the Council
APPROVED AS TO FORM:
SONIA R. CARVAI.IIO
City Attorney
By:
314 I IN FUNK
Senior Assistant City Attorney
RECOMMhNDIJ) FM APPROVAL:
NAI31I. SABA. Ph,
Exect.rtive Director
Public Works Agency
CITV OF SANTA ANA
KRIS 1'INE 1UDGI:
City Manager
CONTRACTOR:
Best Contracting services. Inc.
I 'IV P
I'atemi
City Council 18 — 61 4/20/2021
Page 3 of3
FXHIRIT 4
COST ANALYSIS
CONSTRUCTION OF PROJECT NO. 21-7536: MAIN LIBRARY ROOF
IMPROVEMENTS
Construction Contract
$
491,188.00
Contract Administration, Inspection and Testing
$
20,812.00
Contingencies
$
40,000.00
TOTAL ESTIMATED CONSTRUCTION COSTS
$
552,000.00
City Council 18 — 62 4/20/2021
Parks, Recreation, and Community Services
https://www.santa-ana.org/parks
Item # 19
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Security Cameras at the Santa Ana Zoo at Prentice Park
AGENDA TITLE:
Approve an Agreement with Edgeworth Integration, LLC for the Purchase and Installation
of Security Cameras at the Santa Ana Zoo at Prentice Park in the Amount of $82,359.67.
and for Annual Monitoring and Maintenance in an Annual Amount of $51,000, with a
Three -Year Not -to -Exceed Amount of $153,000, for a Total Not -to -Exceed Amount of
235,359.67 (General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Edgeworth Integration, LLC for
the Purchase and Installation of Security Cameras at the Santa Ana Zoo at Prentice Park
in the Amount of $82,359.67, and for Annual Monitoring and Maintenance in an Annual
Amount of $51,000, with a Three -Year Not -to -Exceed Amount of $153,000, for a Total
Not -to -Exceed Amount of 235,359.67, subject to non -substantive changes approved by
the City Manager and City Attorney.
DISCUSSION
On December 7, 2020, the City of Santa Ana released a Request for Proposals (RFP)
seeking qualified firms in designing, providing, installing, maintaining, and monitoring
security camera systems. The City notified 235 companies (seven Santa Ana
companies), and eight companies submitted proposals (zero Santa Ana companies).
An evaluation committee reviewed and rated the proposals according to the criteria listed
in the RFP, which includes Statement of Qualifications & References, Manner for
Performing Services & Schedule, and fee. After the initial review, the companies with the
top three scores were asked to participate in an interview session. When the proposal
score and interview score were combined a ranking of the top three companies is as
follows:
Companies
Location
Rankin
Edgeworth Integration, LLC.
Simi Valley
1
Baker Electric, Inc.
Escondido
2
011ivier Corporation
Los Angeles
3
City Council 19 — 1 4/20/2021
Agreement for security cameras at the Santa Ana Zoo at Prentice Park
April 20, 2021
Page 2
The City proposes to enter into an agreement with Edgeworth Integration, LLC for the
purchase and installation of equipment, as well as monitoring and maintenance services
to commence on April 20, 2021 and shall end three years after the date the City accepts
installation of the cameras or December 31, 2024, whichever occurs first.
FISCAL IMPACT
Funds are available in the following accounts for the current fiscal year and will be
budgeted and made available for the next fiscal year:
Fiscal Year
Accounting Unit-
Fund
Accounting Unit,
Amount
Account #
Description
Account Description
FY 20-21
01113220-66400
General Fund
PRCSA, Machinery &
$82,359.67
Equipment
FY 21-22
01113220-62300
General Fund
PRCSA, Contractual
$51,000
Services -Professional
FY 22-23
01113220-62300
General Fund
PRCSA, Contractual
$51,000
Services -Professional
FY 23-24
01113220-62300
General Fund
PRCSA, Contractual
$51,000
1
Services -Professional
EXHIBIT(S)
1. Agreement
Submitted By: Lisa Rudloff, Executive Director of Parks, Recreation and Community
Services
Approved By: Kristine Ridge, City Manager
City Council 19 — 2 4/20/2021
AGREEMENT WITH EDGE WORTH INTEGRATED, LLC FOR INSTALLATION,
MONITORING. ANT) MAINTENANCE OF SECTIRTTS' CAME•.RAS AS THE
SANTA ANA ZOO
T111S AGREEMENT is made and entered into out Otis 20ilt day of April, 2021 by and
between Ldgeworth Integration. LLC, a Delaware limited liability company registered in
California (`Consultant"), and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State ofCalilirrnia
RECITALS
A_ The City issued Request for Proposal (`RFP") No_ 20-150 on December 7, 2o2o for
installation, monitoring and maintcnancc of ',comity cameras ['or thc. Santa Ana Zoo
("Zoo").
it. Consultant was one Of the cieht companies that submitted proposals in response to RI P
20-150. All proposal, were evaluated and Consultanl was selected for award of the
Agreement-
C. Consultant represents that Consultant is able and willing to provide the services requested
pursuant to RFP 20-150 requested by the City.
D_ hr undertaking the performance of this Agreement, Consuhant rcprescrus that it is
knowledgeable in its field and that any services performed by Consultant tinder this
Agreement will be performed in compliance with such standards ns may reasonably be
expected from a professional tmn in the field.
NOW THEREFORE, in consideration of the mutual and respcctivcpromiscs, and subject
to the ternts and conditions hereinafter set forth, the parties agree as follows:
1, SCOPE OF SFRVICFS
a. Consultant shall perform during the term of this Agreement the tasks and
Obligations including all labor, materials, tools, equipment, and incidental
customary work mired to frilly and adequately complete the installation,
monitoring and maintenance of security cameras at the Zoo as more fully described
and set lorth in Scope of Services - Exhibit A, attached hereto and incorporated by
reference. Specifies regarding the location ofsceutay cameras have been omitted
from this Agreement for security reasons but Consultant shall install cameras as
indicated in its proposal dated Jaiu;uy 20. 2021 in response to RFP 20-150 unless
a changec to the location is agreed upon in writing by City and Consultant_
b. The Agreement will have two phases. The first phase will be installation of the
security cameras at the Zoo. I lie second phase will be annual monitoring and
maintenance of the secwity cameras 1or a three-year period to begin after the
installation of the cameras is complete.
City Council 19 — 3 4/26M of 10
2. COMPENSATION
a- City agrees to pay, and Consultant agrees to accept as urial payment lirr its services lirr
City, the rates and charges identified in Compensation - Exhibit 13- The total amount
authorized during the term of this Agreement shall not exceed 5235,359.67. The
products and services provided pursaant to this Agreement shall be as follows:
Service
Cast
Total tot Tern, of
Agreement
Purchase of security
S74,e72-43 + S7,48724
S82,359-b7
camcras and installation
*10"i' cotuitt etic 1
Annual monitoring of
`S16,133-04/per year
`548,399-12
security camcras
Annual maintenance of
s9,600/per year,
s28,800.00
secnnty ca„lera
Annual set aside for as
$25,26696
575,800.88
needed service and
equi merit°
Total Nol to Exceed
b235,359.67
A rcement Amount:
*tttc designated contingcicy and as needed scvices and equipment shall be utilized at the
sole discretion of the City.
b- Payment by City shall be made within forty-five (45) days following receipt ofproper
invoice evidencing work perlormed, subject to City accounting procedLit cs- Payment
need not be made for work, which fails to meet the standards of performance set forth
in the Recitals, which may reasonably be expected by City.
3. TLRM
This Aprcancnt shall commence on April 20, 2021 and shall end three years atic• the date
that the City accepts the installation of the cameras or Dece rnber 31, 2024 whichever occurs first,
unless terminated earlier in accordance with Section 15. below.
4. INUFPFNUFNT CONTRACTOR
Consultant shrill, during the entire term of this Agreement, be conerrUed to be an
in depen (tell I Consultant and not an employee of the City. I'hi Abneemeni is notintendednorshall
it be Consorted to create an employer -employee relationship, a joint venture relationship, or to
allow dtc City to cxc-cise discretion or control over the protcssional marine- in which Consultant
Performs the Services which are the subject matter of this Agrec,ricnr however, the set -vices to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
City Council 19 — 4 4/2 of 10
regulations governing Such services_ Consultant shall pay all salaries and wages, employer's social
security nixes_ nnemploytnent insurance and similar taxes relating to employees and shall be
respotimblc Ibr all applicable witlrlwlding trues.
5. OWNERSHIP OF MATERIALS
This Agreement crcatcs a non-exclusive and perpctual liccnsc for City to copy, ttsc,
modify, reuse, or Sublicense any and all copyri hts, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Document_; vz Data"). Consultant
shall require all subcontractors to agree it writing that City is granted a uou-exclusive and
perpctual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
DOCLLrnCrtS & Dart_ Consultant makes no Such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any Such use not within
the purposes intended by this Agreement shall be at City's sole risk.
G. INSURANCE
Prior to undertaking performance of work- under this Agreement, Consultant shall maintain
and Shall require its subcontractors, ifany, to obtain and maintain insurance as described below:
a. Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain
insurance as described below=
1) Commercial General Liability (CGL): lnsurance Services pllice. Form CG
00 01covering CGL on an "occurrence" basis, including products and
completed operations, property damage, bodily injury and personal &
advertising injury with limits no less than $2.000,000 per occurrence. II a
general aggregate limit applies, either doe general aggregate limit shall
apply sepas'ately to this project/location (ISO CG 25 03 or 25 04) or the
general aggregate limit shall be twice the required occurrence limit.
2) Automobile Liability: Insurance Services Office 1;orrn Number CA 0001
covering. Code 1 (any auto), or if Instructor has no owned autos, Code K
(hired) and y (non -owned), with limits no less than $1,000,000 per accident
for bodily injury and property damage- (Note — re(luired only II'auto is used
in performance of work).
3) Workers' Compensation: as required by the State of Calitornia, with
Startttory Limits, and 1{mployer's Liability Insurance with limit of no less
than $1,000,000 per accident for bodily injury or disease.
4) Sexual Abuse or Molestation (SAM)T.iability:TftheCCU, policy relerenced
above is not nulorscd to include aftirmativc coverage Ibr Sexual abuse or
City Council 19 — 5 4/2 1of 10
molestation, Consultant shall obtain and maintain a policy covering Sexual
Abuse and Molestation with a limit no less than S5,000,000 per occun-ence
or Claim.
b. If the Consultant maintains broader Coverape and/or higher limits than the
minimums shown above, the City of Santa Ana requires and shall be entitled to the
broader coverage and/or the higher limits maintained by the Consultant. Any
available insurance proceeds in excess ofthe specifiedmininumt limits ofinsru-ance
and coverage shall be available to the City of Santa Arta-
c- Other Insurance Provisions - The insurance policies are to contain, or be endorsed
to contain, the following provisions:
1) Additional Insured Status- The City of Sanm Ana, its otticcrs, officials,
employees, and volunteers are to be covered as additional insureds on the
CCrL and SAM policy with respect to liability arising out of work or
opca-ations per-lunmcd by or on bChalf of the Consultant inClud1110 rnalCrials,
parts, or equipment ritrnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement
to the Consultant's insurance (at least as broad as TS) Form C(i 20 10 1 1
85 orifnot available, through the addition ofboth CG 20 10, CG 20 26, CG
20 33, or CG 20 33; and CG 20 37 if a later edition is Used).
2) Primary Coverage- For any claims related to this contract, the Consultant's
insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the City of Santa Ana, its officers, officials,
employees, and volunleers. Any insurance or sell' insurance nulinlained by
the City of Santa Ana, its officers, officials, employees, or volunteers shall
be excess of the Consultant's insurance and shall not contribute with it.
3) Notice of Cancellation- Certificate of Insurance shall provide thirty (30) day
prior written notice of cancellation in a form approved by the City.
4) Waiver of Subrogation- Consultant hereby grant, to City of Santa Ana a
waiver of any right to subrogation, which any insurer of said Consultant
may acquire against the Fmity by virtue of the payment of any loss under
such insurancc. Consultant agrees to obtain any cndotscmcnt that may be
necessary to affect this waiver of subrogation, but this provision applies
regardless ol'whether or nol the Entity has received a waiver ol'subrogalion
endorsement from the insurer-
5) Self-Tnsured Retentions- Self -insured retentions must be declared to and
approved by the City of -Santa Ana- The City of Santa Ana may rcquirc thc.
Consultam to purchase coverage with a lower retention or provide proof of
ability to pay losses and related investigations, claim administration, and
detense expenses within the retention. The policy language shall provide.
or be endorsed to provide, that the self -insured retention may be satisfied
by either the named insured or the City of Santa Ana.
City Council 19 — 6 4/2 2 of"
6) Failure to provide or maintain insurance coverage as required by this
Agreement is ground; for immediate tenninate of this Agreernent-
7. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
ag*cnts, cmployccs, contractors, special counsel, and replescntatives tiom 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 Contractor, its suhcnnn-actors, agents, employees, or other persons
acting on its behalf which relates to the services described in section I ol'this Agreement: and (2)
li-om any claim that personal injury, damages,,lust compensation, restitution,judicial or equitable
relict is due by reason of the terms of or effects arising from this Agreement. phis indemnity aril
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 assorting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of' the tenns of, or el%cts arising 1iorn this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeditrg. Notwithstanding tic foregoing,
to the extent Contractor's services arc subject to Civil Code Section 2782.8, the above indemnity
shall be Iimiled, to the extent required by Civil Code Section 27M2.X, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor-
S. PREVAILING WAGES
C,onsttltant is aware of the requirements of Califomia Labor Code Section 1720, et seq.,
and 1770, et seq as well as Califomia Code of Regulations, Title 8, Section 16000, et seq
("Prevailing Wake Laws"), which requite the payment of prcvailinp wage rates and the
performance of otter requirements on "public works" anti "maintenance" projects. When the
Services being perl'ornled are part ol'an applicable "public works" or -maintenance" project, as
defined by the Prevailing Wage Laws, and the total compensation is S 1,000 or more, Consuhant
agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and
hold the City, its elected officials, officers, employees and agems lice and harmless from any claim
or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
�). RECORDS
Consultant shall keep Ioeords and invoices in connection with the wink to be performed
under this Agrccmcnt. 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 mininwm period of three (31) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agrccmcnt. All such records and
City Council 19 — 7 4/2 MZ1of 10
invoices shall lie clearly identifiable_ Consultant shall allow a representative of the City to
examine, audit and make transcripts or copies of such records and any other cloeuntents created
pursuant to this Agrccrnc it during, regular business huun. Consuluuit shall alluw tmpcc(iun o1'all
work, Bata, documents, proceedings, and activities related to this Agreement for a period of these
(3) years from the date of final payment to Consultant under this Agreement.
10. CONF'IDENI IAIA I'Y
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 Alureetnetnt and
further agrees to exercise the same degree of care it uses to protect its own illibmiation of like
impottauce, but in no event less than reasonable care. "Confidential tntormatiou" shall include elf
nonpublic information. Confidential information includes not only written information, bitt also
information transferred orally, visually, eleolronically, 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-usc and liondisclosurc 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; (e) is in ri4Thtfitl possession of the Consultant
without an obligation of confidentiality, (d) is required to he disclosed by operation of law-, or (e)
is independently developed by the Consultant without reference to infornatiari disclosed by the
City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in airy manner with performaiiec of services specified under this
Agreement.
12. NON-D1SCIt1M1NATION
Consultant shall not discriminate because oftace, color, creed, religion, sex, marital status,
sexual orientation, gender identity, gender expression, gender, medical conditions, genetic
information, or military and veleran slates, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitnnent, selection, teaching, training, ulilizaticnn,
promotion, termination or other anployment related activities or any services provided under this
Agreement. Consultant affirms that it is an equal oppotunit_y employer and shall comply with all
applicable federal, state and local laws and regulations_
I3. EXCUTS1ViTV AND AMTNDMTNT
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terns of this Agreenent and any attachments hereto, the terms
of this Agtvcntcnt shall prevail. This Agreement tnay notbe modified except bywritten instrument
signed by the City and by in authorized representative of Contractor. The parties agree that any
City Council 19 — 8 4/2 of 10
terns or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereol', shall not bind or obli.gate Consultant or the City. F.ach
party to this Agreement acknowledges that no rcprescntationN, induccrucutN, promises or
agreements, orally or otherwise, have been manic by any party, or anyone acting on behalf of any
party, which is not embodied herein.
14. ASSIGNMEN F
inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
tiritten consent of the (pity and any Such assignment, u-ansfer, delenation or subanuracr without
the CAWS prior written consent shall be considered null and void. Nothing in this Agreement s11a11
Lie wnstruccl to limit the Cit-v's ability to have any of the services, which arc the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
15. TF.ItMINATI0N
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. 1n such event, Consultant steal I he entitled to receive and the t :ity shol I pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
tenmination, subject to the following condition;:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work produu(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, sod
Consultant consents to the City s use thereof for such purposes, as the City deems
appropriate-
b. Payment need not be made for wort:, which fails to meet the standard of
pa'formance specified in thc. Recitals ol'this Agreement.
16. WAIVER
No waiver of breach, failure of any condition, or any tight or remedy contained in or
granted by the provisions of this A�-r-cemcnt shall be Offective unless it is in writing and signed by
the parry waiving the breach, failure, right or remedy. No waiver Of any breach, tailurc or right, of
remedy shall be deerned a waiver of any other breach, failure, right or remedy, whether or not
similar, our shall any waiver constitute a continuing waiver unless the writing so specifies.
17. .T1IRTSDTCT10N` - VENTIT.
I his Agreement has been csecuted and delivered in the State of California and the validity.
inIerpretxtioil, 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.
City Council 19 — 9 4/2 MAof 10
18. PROFESSIONAL LICENSES
Con,ullant shall, throughout the term ol' this Agrecuren, raintain all necessary licetlsca,
permits, approvals, waives, and exemptions necessary tot the provision of the services hercuuder
and required by the laws and regulations of the Uniled $tales, [lie Slate of California, the City of
Santa Ana and all other governmental agencies- Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
cxetnptions. Said inability shall be cause for termination of this Agiecnlent.
19. NOTICE
Any notice. tender, demand, delivery, or other cotmnunicalion ptu-suant to This Agreement
shall be in writing and shall be dectned to be propetl-v given if delivered in person or mailed by
first class or certified mail, postage prepaid, or sent by fax or other telcgazphie communication in
the manner provided in this Section, to the following persons:
To City
Clerk of 4ie City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P-O. Box 1988
Santa Ana_ CA 92702-1988
I-ax: 714- 647-6956
With courtesy copies to:
Executive Director, Parks, Recreation &
Conlmunit-y Services Agency
City of Santa Ana
20 Civic Center Plaza (M-23)
P.O. Box 1988
Santa Ana, Caliturnin 92702
To Contractor:
Mr. Danny Haddad
Sales Engineer
1000 Cotmnerce Drive, 2"" Floor
PittSbnl-glh, PA 15275
Final]- dhadidi edeeworthsecmity-corn
A party may changec its address by giving notice in writing to the other party. Thereafter,
any colntmmication shall be addressed and transmitted to the new address. if sent by mail,
City Council 19 — 10 4/2M of 10
communication shall he effective or deemed to have been given three (3) days after it has been
depo fled in the Umled States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. 11'sent by lax, cuuununicatiun shall be eflluctive or deemed to have
been given twenty-four (24) hour's after the time set torth on the tratrsnlission repot issued by the
transmitting racsimile machine, addressed as sel Ibrih above. For purposes of calculating these
time harries, weekends, federal, state, County or City holidays shall be excluded_
20. MISCELLANEOUS PROVISIONS
aEach undersi.-ned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parries to each of the reruns of
this Agreement, and shall indemnify City fully, including reasonable costs and
attomey's lees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. The Agrcunent is the tined and complete agreement and any prior or
COntempor'arrCOnS aQrCCmenLS for similar Services between the parties is superseded
by this Agreement. -this shall not apply where the Parties are currently engaged
and Consultant is providing services not contemplated by this Agreement.
c. This Agreement may be siguricd in counter parts, by fax, and/or electronically.
Separate signaun-c. pages tnay be compiled into one document, which will operate
as the original for all purposes.
c. 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 Inert
above written.
ATTEST:
Daisy Gomez
Cleric of the Council
APPROVED AS TO FORM-
SONIA R. CARVAI-110
City Attorney
By:
--Ru
Laura A_ Rossini
ChiefAssistani City Allorney
[Signamres continue on the next page]
CITY OF SANTA ANA
Kristine Ridge
City Manager
CON S LILTANT:
Danny Oaddad
Sale Lug*isle r
Edgewonh Integration LLC.
City Council 19 — 11 412 1of 10
RI:COMMI[NF)1i1) FOR APPROVAL:
Lisa Rudloff
Executive Director
Parks, Recreation & Community Services Agency
City Council 19 — 12 410 1 L" 10
EXHIBIT A
SCOPF.01: SI;.RVICI;S
City Council 19 — 13 4/20/2021
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VAS Security Systems, Inc_
Danny Haddad
Jan 20, 2021
Santa Ana 7oo
1801 E Chestnut Ave. Santa Ana,CA,92701
Santa Ana Zoo-2020
City Council
19 — 16 4/20/2021
iia
Reporter: Danny Haddad i Date:January 20, 2021
Survoy NamaSanta Ana Zoo-2020 I Site Name:Santa Ana Zoo
Totals by Element Type
Element Name
..Quantity.........
Multi -Lens Games
1
Wireless ACCCSS Point
5
Fixed Camera
14
PTZ Carnera
1
nn,
?'...
NVR-DVR
1
��IIII�I
Speaker
OIIII�W
fi
City Council
Reporter: Danny Haddad I Date:January 20, 2021
19 — 17
4/20/2021
✓�r, �,.n , 3
Survoy NamaSanta Ana Zoo-2020 I Site Namc:Santa Ana Zoo
Totals by Element Detail
Element Name Quantity
r
Multi -Lens Carnera
Element Name Element ID Description Quantity
Multi -Lens Camera Carnera 5.0 1
Wireless Access Point 5
Element Name Element ID Description Quantity
Wircicss A000ss Point WTx.2 5GHz NanOBcam ao 9
Gent 19dBi US
Wireless Access Point WTx 1 5GHz NanoBeam ac
Gcn2 19dSi US
.........Wireless Access PoinL
WTx.4
5GHz NanoBeam ac
1
Gen2 19dBi US
Wireless Access Point
WTx 3
5GHz NanoBeam ac
1
Gen2 19dBi US
Wireless Access Point
WAP-005
5GHz NanoBear ac
1
Gcn2 19dBi US
,. ,..
Fixed Camera
14
Element Name
Element ID
Description
Quantity
Fixed Camera......
Camera 13
__.2MP Domc..
1
Fixed Camera......
Camera 15
2MP Dome_
1
Fixed Camera......
Camera 12
.Bullet Carnera
1
Fixed Camera......
Camera 14
2MP Dome..
1
Fixed Camera...._
Camera 3
__.2MP Dome_
1
Fixed Camera...._
Camera 6
2MP Dome..
1
"IWY Councirixed Carnera Carnera 119 _ 18 2MH Dome 4/20/2021 1
Reporter Danny Haddad I Date:January 20, 2021 „�air� ^� - 4
Survoy Name Santa Ana Zoo-2020 I Site Name:Santa Ana Zoo
Fixed Camera Cartier 10
2MP Dome
Fixed Camera......
Camera 7
.....2MP Dome..
1
Fixed Camera......
Camera 11
....2MP Dome..
Fixed Camera...._
Camera 9
.....2MP Dome_
Fixed Camera......
Camera 8
....2MP Dome..
Fixed Camera...._
Camera 4
....Fixed Dome
Fixed Camara......
Camera 2
.....2MP Dome..
1
PTZ Carnera
1
Element Name
Element ID
Description
Quantity
PTZ Carnera........
Camera 5.1
PTZ
NVR-D V R
1
Element Name
Element ID
Description
Quantity
NVR-DVR
NVR
1
Speaker
Element Name Element ID Description Quantity
40 Speaker Speaker
m SpCBkcr SpolkcrS 1
m,.
Speaker Speaker
Speaker Speaker
Speaker Speaker2 1
Speaker Speaker 1
City Council
Reporter: Danny Haddad I Date:January 20, 2021
19 — 19
4/20/2021
iia
✓�r, �,.n , 5
EXHIBIT R
COMPMSATION
hee Proposal
City Council 19 — 20 4/20/2021
EDGEWORTH
FEE Proposal
Equipment and Tnstall
4.1 All malCM1l/Cquipnreut
4.2 Sales lax
4.3 Installation of all system equipment
4A Lump Sum of items 4-1 thrpugh 43
Total- $74,872.43
Monthly Video Monitoring
4.5 Monthly or quill -Wily Ice 111 monitorine, live and alarm activated video monitoring Monday through
Sunday, 6:00pm — 4:00ain
$4.42
$1,344.42
$16,133
1,3 1 1- 12 per month X 16 months
Total- $48,399.12
Surndard Maintenance (services broken down in auached SLA document)
4.b Standard maintenance (included in SLA douunew)
4.7 Service call rates (included in SI,A (Jocnment above)
4.5 Data retrieval rates (included in SLA d0CUtnem above)
$2,400.00 per quarterly visit X 12 quarters
Total- $28,800
City Council
19 — 21 4/20/2021
Ho
Edgeworth Integration, LLC
2560 BYlarta Way U1111 F
Simi V;Jllfq, CA
C'r7rp('.4E4Lu Qlticf:
1000 Gorylryevce Dr. 211d Floor
Pittsburgh, PA I52i5
RECIPIENT:
Santa Ana Zoo
Parks,
2C G[%nf; Gofitci Pla/a M23
Am), CA 92/0 1
Phone,- (71 .11 571 .4"" 12
SERVICE ADDRESS:
itej Am:1, Gahform;j 92O 1
Sent on
1001 EDGE WORTH
'ritle� Ana z7oo r;f-rl NO., 20 150 1
Equipmeril Seneca Fialh !S'ervel
Rl 321 W10
XPPPLUSBI.
Milestone bfvice License XKIPIAJSAk
XPRO I knG I [If <)FF:S 0 NAL t OENIGF! L
mllr'stang ^uppvl y:3Xppp[ ly',[)[ 161
All I (I cawrias for 3 yr,,.ir!,
F:(11 flp1TX,-r I I Am". MultvxwfSol C'arres l
PR611 7-P[J- 8MP MOE I IDIRV-C I 10,JAL I IF' IR
WbA ANI-) 110 11 f INEA-R
Equipmeril Am"t, p I Z
F"65" E60liZ,PIZGAMERA,.i(iC)P/%1'4r:()Rf.?,()IlllNf.)()OFI/`O�f.)
�;I'J I D"OOR WITH I I 32X
Equipment Infrared Illuminator 2
\/Ar,":?-18-2
VA11102 1,3, 2 PANF:1. INFRARF:(-) 11ALUMINA I OR
Equipment Axis Fixed Doitie Carer ra 14
NA3206 L..VLc 4MP FIXF D DOMLc GAM Ill.), 11 216411V JPf G, 100 F Ov
WDR. IR, POE, I K.10
[..quipineril AyiS IP Speaker
(';1110-[ hJ I WORK I IORNP ;N-AKV-R -40C I ()+50C, ',? BUILT-IN
1 -11`4
Equlpme.rii Axl,,.; Pendant K11 1
City Council THREAD, WALL MOUN 1 19-22 4/20/2021
1 of 4 page�-
Edgeworth Integration, LLC
2560 S[Iar[;'l Way U1111 F
Simi V1J11fq, CA
1000 Gorylryevce Dr. 211d Floor
Pittsburgh, PA I5275
Equipment
F quipmeril
Equipment
Frjkjiprneril
A Y, [,�,� Prk, MoUnj
19 1116 / 1:1 () L 1: M 0 U `.Jr (5 1 ('15 NA
Axi"' pi)kM('11,111t
191F4S7PO1.F:MOiJN1
411. 1 6 I,
Axis Pendant Kit
194AWDPENDANT K.11 FOR Q60&P51.,1EERIE: THREAD
GE1111,101 MOUNEr
Axis Wjll NAouril
19 1 G61 WAL - VOUN I
Ecjimrjmerit Rack
186 5282
SECURFc SU Vf R I IGAL WAI I Mt..'Um I RAGV, 30" LA F. P
RV -AR PORT 4-PORT C'AGA131 I S=1 I C3 I W1 I I I ',FP
Equipment HardericdSwitch
1 F1054 1
5 POR I IND(J" I BIAL - I I GFI IJHMANAGED I 1ARDENED
-)VV
GIGABI I POE-1 (.1111 RAIIJP30
F.'.quprnrit Arikjiria
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I HH.AKVVAVk!: 5(!HZ AAN(-)k*!:AV1 AC. (A!112 191)kil (N.'i
1001 EDGE WORTH
Equipineril '13ma1I UPS
I" M I I 600C
'03VIAR I UPS SIVAR I ANNEG 1, 1 500VA REMO I E MON 1, (8)6
15R, 1',!0V I WRS I SP EFT, BLACK
Equipment Oulk"t
RF7550(."'
RAC K-IJN; F6 8 (.AYMFT5E10VA 120V
Equipment
I PE 162OWS
16-PORT GI( AI-'J I WEBSMART SWITCH W12. 'it I
SFF'-2(5A
NAJGA[*J- NAOLARA—SMALL FORM FAC I (A? r (A)FX
551j/1310NIKA 21<14 1 F-IRF'.R MM.S(,: (.10NN
City Council 19-23
13
2
6
4/20/2021
2 of 4 page�-
Edgeworth Integration, LLC
E2560 SYiar[a Way Unit f
Simi vli lley, CA 183CiEFi
f: orpr;tedte CHTBoa:
1000 Gommeme Dr. 2nd Floor
Pittsburgh, PA 15275
fsG)>-s915-n 21 t
ar_r_auntingrir�edgeworthsecurity-com
1001 EDGE W ORTH
Laber - Video iro >8 of work - Video
f_dyeworlh Security wM pmvide Meabove v;? erlrnpm,9nt, andlor Servi< �.zs.
the below SuVJ rr,prer_ r rtt f._d leworlh >ecuri ys props, zl based on customer
provided wry, ui r rtu,nts ;nrl sit.; walk Hlf ase vwiew thvr f ropor al elements below to
confirm lhat they are in accordance with your r ip�;rt<.ttir,n _
1) Run r„abl r; infra8tn inure
2) Install erluipment
3) program system
4) For_us :and Adjust cameras
5) Perform basic funotions training
H_x CI(h ton$;
1. All permits In be: supplied and pnW for by Man it applic sble.
2. `�eivic:e ;and/or repairs to the emsting system are excluded foam this pivig s mi.
a. All patching painting and nsplar d rr�d nts, willfad reg,ud t; ca ire, are ra;e,.Jfically
e.x(jud l from this pn>posal.
4. r, yl}It is ndyn-plernirn rated (If ph rlurn rlr"sire i_ Fidgewurth can adjust prgpn al as
needed)
S Labor rate i tandard norr•prewAINg- If prevailing w,agd desired f iigeworth
r..ran ievise Iabix to refleci flierse roles.
Assumptions:
I Most work will he done durinq normal business hours; same cabling may need to
be done before/after normal buaine:s:s hoi_irs at Edgewoi th S'ecunty's discretion and
c Llu n er agmernenl.
2. All anus what; wort: is to be pert mined will bu made readily available 1a
F_dgewprth Security rAurinry installation ;and testing Periods
3- High 4peed Internet and slatic Ifr: cµsircd fix n:rn<d:: d d ,�,�If3umote
(:hoard :-ie rvices
I..of Hardware:: GaksLs. (;onn(ttors, fi, Mkoetilanuous. Mounting Hardware, fiber P akli Gahles
Pnaject Management On and off site project management-
Pro[e ,sional ;e rvire; On day of On _ He support for prograirunirlg, tronhlegYVsritinq, and saining-
:shipping Sh ppmg is c; ern lied and fsrepaW. It will be added to fined inwoe lMY Apes npt
inc6_ide expedited shipping.
Mra Payment Bond
General AClrninislration Ged neral Administration
22
City Council 19 — 24 4/20/2021
3 of 4 page ,,,
Edgeworth Integration, LLC 1001 E D G E W O R T H
2160 Way Uml F
Simi CA :006Fi
Curpoiale DRIct:
1000 Comam ive A 2nd Roor
Pitlisburgh P/% 1ti2 4;
f305-91 5
ac cmri
Subtotal $71,712.00
NorvwmNe San Leandro $3,159.43
I, r,,i41,ir-1 to pru-., f d with rvA4111,ikrm mll;k- IIII; (jk'011t ki',X U ;Af,',-IAad (Unincorporated)
ONE YEAH PAHTSWARRANTY 10 DAY U UN LANK (Wu Kom. 14MR, symm be
,iddk I ii I,)k, g)l g ollnukklnAll,,.Ilw-irt in.il ?i,. Ill nrr it und,A)l6t
l,,ilk f1g;1 16"Ik;d lg) "y'-, Ill luil, rtwill he riurm.I[,.ery (.e r,AlEdu,twui i.h
-U, li"I', 11 �—Ibr)vv clit.-ril IS In Idditimal rr,,ir,,d )n it �,qmrk.d by W 11em Total $74,872.43
... I,or "'t [II, j"
hy ,[ 'Ill.; "Itj Ill ''t (I paI
it t)y lW, WlII,JI.,vIO I', 1,11,1mv p Ip.,n 'I ::,Nj.;Wf,Nj, ,
ymm" W"m "t, Will ;reap d I I 01m " I l7win; MOWN 1"y Loy., in • Sill
j1p,11A klv'k.,;
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City Council
19-25
4/20/2021
4 of 4 pagm,,
Police Department
https://www.santa-ana.org/pd
Item # 20
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Parking Citation Processing Services
AGENDA TITLE:
Approve an Amendment to Agreement with Data Ticket, Inc. in the Amount of $1,007,685
for Parking Citation Processing Services for the Police Department
RECOMMENDED ACTION
Authorize the City Manager to execute an amendment to the agreement with Data Ticket,
Inc. for parking citation processing services in the amount of $1,007,685 for the period of
April 20, 2021 through February 6, 2022, subject to non -substantive changes approved
by the City Manager and City Attorney.
DISCUSSION
The Santa Ana Police Department's Parking Enforcement Unit is composed of a parking
enforcement supervisor and ten parking control officers. The team handles all parking
and abandoned vehicle -related complaints and enforcement throughout the City. They
also monitor the Downtown parking meters, street sweeping enforcement routes, and
enforce oversized vehicle violations. During the past year, parking enforcement officers
have been instrumental in providing parking and traffic control at multiple weekly food
drives throughout the City and COVID-19 testing and vaccination locations. In addition,
the City has an agreement with Serco Inc., which supplements the parking control unit by
providing nine parking ambassadors to handle all parking -related issues. The numbers
below represent the total gross revenue for the last three years and year-to-date revenue
generated through parking violations.
Fiscal Year
Total Dollars
Collected
FY 2017-18
$5,144,532
FY 2018-19
$4,889,240
FY 2019-20
$5,418,613
FY 2020-21 YTD
$3,036,388
On February 7, 2017, the City Council approved an agreement (agreement 4A-2017-026)
with Data Ticket, Inc. to provide parking citation processing services for the Police
City Council 20-1 4/20/2021
Parking Citation Processing Services
April 20, 2021
Page 2
Department. Under this agreement, Data Ticket provides automated parking citation
processing services and has facilitated the use of current technology (hand-held ticket
writers) that contribute to enhanced efficiencies and cost savings. Data Ticket's services
include managing the citation database, sending out daily notices for payment collection,
and hosting a full -service, bilingual customer service call center that allows motorists to
obtain general information regarding the citation process and specific information on
particular citations. Data Ticket also handles the citation appeals process for the Police
Department. In addition, Data Ticket provides online and after-hours services, including
the ability to pay citations online and at the City Hall customer kiosk.
The original agreement in the amount of $885,975 covered the three-year period of
February 7, 2017, through February 6, 2020, and included the ability to extend the
agreement for two one-year options. On December 19, 2019, the City exercised the first
one-year option. On February 12, 2021, the City exercised the second one-year option,
which extended services from February 7, 2021, through February 6, 2022. Both one-
year extensions extended the term of the agreement only. This amendment will add
funds in the amount of $841,645 to fund the two one-year agreement extensions.
Lastly, this amendment includes additional funding in the amount of $166,041 to cover
the cost of payment refunds, which are processed through Data Ticket, and higher costs
associated with better than anticipated delinquent collections. The new not -to -exceed
agreement amount will be $1,893,660. Data Ticket has been accommodating,
professional, and consistent in its provision of citation processing services, and staff
recommends approval of this agreement amendment.
FISCAL IMPACT
Funds for the final one-year agreement extension are available in [he FY 20-21 Police
Department's Traffic Division and the Downtown Parking budgets and will be included in
future year budgets as follows.
Accounting Unit, Account
Fiscal Year
Accounting Unit -Account #
Description
Amount
Traffic Division — Contract
FY 2020-21
01114405 62300
Services
150,950
Downtown Parking —
FY 2020-21
2718131 62300
Contract Services
22,556
Traffic Division — Contract
FY 2021-22
01114405 62300
Services
211,331
Downtown Parking —
FY 2021-22
2718131 62300
Contract Services
31,578
Total
416,415
Funds in the amount of $591,270 were expended in prior fiscal years under this
agreement
City Council 20 — 2 4/20/2021
Parking Citation Processing Services
April 20, 2021
Page 3
EXHIBIT(S)
1. Agreement Amendment with Data Ticket, Inc.
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 20 — 3 4/20/2021
Exhibit 1
AMENDMENT TO AGREEMENT WITH DATA TICKET. INC.
TO PROVIDE AUTOMATIC PARKING CITATION PROCESSING
THIS AMENDMENT to the above -referenced agreement is entered into on April 20, 2021,
by and between Data Ticket, Inc., a California corporation ("Contractor"), 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-2017-026, dated February 7, 2017, by which
Contractor agreed to provide services related to the processing of automated parking
citations and collecting on delinquent accounts ("Agreement'). The initial term of the
Agreement was for three (3) years until February 6, 2020, with an option for the parties to
extend the Agreement for up to two (2) one (1) year periods.
B. On March 25, 2019, the parties, by operation of a change order, modified the scope of
services to the Agreement, which did not affect the not -to -exceed amounts to the
compensation of the Agreement.
C. The parties also exercised the two (2) extension periods for the Agreement. The Agreement
is current and in effect and will expire on February 6, 2022.
D. The parties wish to increase the overall compensation to pay for services during the final
extension of the Agreement.
The Parties therefore agree:
1. Section 4, COMPENSATION, is amended to increase the overall compensation per the
following:
a_ The total amount to be expended for this Agreement shall not exceed $1,893,660. This
amount includes the base amount of $885,975 provided under the initial tern of the
Agreement, $841,645 to fund the extension periods exercised by the parties, and $166,041
to cover the cost of payment refunds.
2. Except as modified by this Amendment, all terms and conditions of the Agreement, as revised
per the change order of March 25, 2019, shall remain in full force and effect.
[signature page to follow]
#118104v1
City Council 120 — 4 4/20/2021
IN WITNESS WIIFREOY. the parties hereto have CXCCLIted this Second Amendment to the
Ag,nccmcnl on dic date and year first written above.
ATTEST
DAISY GOMIJ
Clerk of the Council
APPROVED AS TO FORM
SONIA R. CARVAH 10, City Attorney
BY:
FAMARA TIOGO.';IAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL
DAVID VALENTIN
Chief of Police
#118104vl
CITY OF SANTA ANA
KRIS I INF RIDGE
City Manager
DATA TICKET, INC.
By:
Citle•Lflr'
City Council i 20-5 4/20/2021
Community Development Agency
https://www.santa-ana.org/cd
Item # 21
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Affordable Housing Project at 1108 N. Harbor Blvd
AGENDA TITLE:
Approve a $1,687,047 loan agreement with North Harbor Housing Partners LP for a 55-
year term for the development of the North Harbor Village affordable housing project;
approve a future Subordination Agreement with JP Morgan Chase Bank, N.A.; approve
a future subordination agreement with the State of California Department of Housing and
Community Development (Non -General Fund)
RECOMMENDED ACTION
1. Authorize the City Manager to execute a loan agreement with North Harbor Housing
Partners LP (c/o Jamboree Housing Corporation) for $1,687,047 in Community
Development Block Grant funds for the development of the North Harbor Village
affordable housing project located at 1108 N Harbor Boulevard, Santa Ana, CA 92701,
subject to non -substantive changes approved by the City Manager and City Attorney.
2. Authorize the City Manager to execute two future Subordination Agreements with
Union Bank and Jamboree Housing for the City's Community Development Block
Grant loan agreement with North Harbor Housing Partners LP, prior to the execution
of the loan agreement, subject to non -substantive changes approved by the City
Manager and City Attorney.
3. Authorize the City Manager to execute a future Subordination Agreement with the
State of California Department of Housing and Community Development, for the City's
Community Development Block Grant loan agreement with North Harbor Housing
Partners LP, after the North Harbor Village affordable housing project is complete,
subject to non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
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 affordable housing project located at 1108 N.
Harbor Blvd, by a unanimous vote (Exhibit 1). On March 2, 2021, the City Council
City Council 21 — 1 4/20/2021
Affordable Housing Project at 1108 N. Harbor Blvd.
April 20, 2021
Page 2
approved a two-year extension of the pre -loan commitment letter with Jamboree for the
development of the project by a unanimous vote (Exhibit 2).
After the approval of the two-year extension of their pre -loan commitment letter,
Jamboree informed the City that they would not be able to determine if they could decline
the City's funds until after the project is complete. The details of that matter are discussed
in the Staff Report attached as Exhibit 2. Specifically, Jamboree and their senior lender
at JP Morgan Chase Bank will not know how the Internal Revenue Service (IRS) is going
to allocate the 4% low-income housing tax credits for the project until a Form 8609 is
approved by the IRS when the project's construction loan is converted to a permanent
loan. This IRS Form 8609 is submitted to the IRS for approval no more than 12 months
after the project receives a Certificate of Occupancy from the City. If the IRS does not
allocate 100% of the 4% low-income housing tax credits that Jamboree will be submitting
on the IRS Form 8609, then Jamboree will need the entire $1.6 million from the City. On
the other hand, if the IRS approves all of the 4% tax credits for the project than Jamboree
will be able to return all or a portion of the $1.6 million of the City's funds. The IRS
determination on the final value of the project's tax credits dictates whether or not the
project will need our City's $1.6 million. The reason why Jamboree does not have this
information now is because the review of the IRS Form 8609 cannot be done until it is
submitted to the IRS and the California Tax Credit Allocation Committee is unable to opine
on financial matters pertaining to the IRS.
Therefore, staff is recommending approval of the Community Development Block Grant
loan agreement attached as Exhibit 3. The following loan terms are incorporated into the
loan agreement:
• Borrower: North Harbor Housing Partners LP (c/o Jamboree Housing
Corporation)
• Loan Amount: $1,687,047 principal amount from the Community Development
Block Grant program
• Interest Rate: 3% simple interest compounded annually
• Tenn: 55 years from the date of issuance of the Certificate of Occupancy for the
Project
• Terms of Repayment: Repaid from 50% of residual receipts (pro-rata with
payments due in connection with other financing provided) calculated after
payment of operating expenses including debt service on the senior loan, property
management fee, owner administration fee, required reserves, and any deferred
developer fee. I he borrower shall retain the other 50% of the residual receipts.
• Disbursement Schedule: 90% of the funds will be disbursed upfront for the
construction, with a 10% contingency after construction is complete.
• Selection of Tenants: The Developer shall give preference in leasing units to
households that live and/or work in the City of Santa Ana. Implementation of the
preference will be monitored by staff in the Community Development Agency.
City Council 21 —2 4/20/2021
Affordable Housing Project at 1108 N. Harbor Blvd.
April 20, 2021
Page 3
Regarding the two Subordination Agreements with Union Bank and Jamboree Housing,
the City's total loan for this project is $1,687,047 compared to Union Bank's loan of
$890,000 and Jamboree Housing's loan from Home Depot of $500,000. The City's loan
is larger than the two loans from Union Bank and Home Depot and therefore we need
Union Bank and Jamboree Housing to subordinate their loans to our larger City loan. The
two Subordination Agreements will be drafted and finalized prior to executing and
recording the City's loan agreement. However, the State of California Department of
Housing and Community Development (HCD) requires the City to subordinate our smaller
loan to HCD's larger Veterans Housing and Homelessness Prevention program loan. The
Subordination Agreement with HCD will be executed at the time of permanent loan
conversion after the project is complete.
If the loan agreement is not approved by City Council, the City will be held liable under
our enforceable funding commitment that the City issued and extended in our pre -loan
commitment letter.
Project Description
The North Harbor Village project is a motel rehabilitation project that will provide eighty-
nine units of permanent supportive housing for homeless individuals in the City of Santa
Ana. 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. Similar to the conversion of this motel, the 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-one of the units at North Harbor Village will be designated for chronically homeless
individuals and thirty-eight units will be designated for homeless veterans. There will be
a local preference for residents of Santa Ana who live or work in the City. The unit mix
and rent restrictions are as follows:
Unit Size
No. Units
AMI
Studio
89
30%
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for the loan agreement in the amount of $1,518,342.30 (90% of the total) are
available in the Community Development Block Grant, Loans and Grants account (no.
13518782-69152) for expenditure in the current fiscal year. The remaining $168,704.70
(10%) will be budgeted and included in the FY 2021-22 annual budget.
City Council 21 — 3 4/20/2021
Affordable Housing Project at 1108 N. Harbor Blvd.
April 20, 2021
Page 4
EXHIBIT(S)
1. Staff Report from March 5, 2019
htLg.//f tinl.a-
2. Staff Report from March 2, 2021
3. Community Development Block Grant Loan Agreement
Submitted By: Steven Mendoza, Assistant City Manager
Approved By: Kristine Ridge, City Manager
City Council 21 —4 4/20/2021
EXHIBIT 3
FREE RECORDING REQUESTED PURSUANT
TO CrOVFRNMFNT CODE SF,CTiON 6103 & 27383
When Recorded Mail to:
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O. Box 19RR
Santa Ana_, Califomia 92702
Attention: Clerk of the Council
I RLL RLCORDIN(i 12LQUES IED
[(;rnernuieni Cnde SeCLimi 6101]
CDBG LOAN AGREEMENT
by and between the
CITY OF SANTA ANA
And
NORTH HARBOR HOTISTNG PARTNERS LP
a California limired partnership
(1 1 OR North Harbor T3oulevard, Santa Ana, California)
Dated: April 20, 2021
City Council 1 21 — 5 4/20/2021
EXHIBIT 3
LOAN AGREEMENT
CDBG PROGRAM
THIS LOAN AGREEMENT(the "Agrccmcnt") dated, for identification purposes only,
as of April 20, 2021, is made and entered into by and between the City of Santa Ana, a
charter city and municipal corporation (referred to herein as -City") and North Harhor
Housing Parmers LP, a California limited partnership, with rcli:renec to the following_
RECITALS:
A- City has received an allocation of fluids from the United States Department of
Housing and Urban Development ("HUD") Wider the CoinnALuity Development Block
Grant progntm pursuant to Title I of the Housing and Community Development Act of
1971, as amended (the "CD116 Program") (12 U.S.C. §530.1, et scq.) to hcuscd in
accordance with applicable statulory requirements and regulations (the "C:DFl(i
Regulations") (24 CFR Part 570);
B. Among the purposes of the CDBG Program are (1) provide decent
housing and a suitable living environment, and (2) expand economic oppottunities for
low- and moderate -income persons;
C. Devcluper is the owner ofthat certain pruperty commonly known as 1 108
North I larbor Boulevard, within the City ofSama Ana, California, and legally described
in F_xhibit A ;11tache(I herelo (the "Properly"). "I he loans rel'erenced herein shall assist in
the acquisition and rehabilitation of said Property lirr a multifamily residential housing
development.
D. In fintherance of the CDBG Program, Developer has applied to City for a
Iran with which to.
1. provide deeper allordability for a longer tenn, as well as acquire and
rehabilitate the Property, and
2, thereafter I mainlain, operate and professionally manage the Properly
as decent, safe, sanitary and affordable rental housing.
L. City, on certain terms and conditions, desire to make such loan to Developer
in order to make possible the acquisition and rehabilitation of the Property, to expand The
supply of decent, safe, sanitary and affordable housing-
F- If t}tcre is any discrepancy between Federal and State guiticlines with rcgard
to any of the terms and conditions contained herein, the more stringent shall apply.
G- The Loan Agreement and all of its attachments shall be enforceable by Cily
in accordance with the terms thereof- Each of the Loan Agrccmcnt, the Affordability
Restrictions on Transfer of Property, the City/CDBG Loan Nou aird the City/CDBG
Deed of Trust provide a means of enforcement by the City if Developer is in breach of its
City Council . 21 — 6 4/20/2021
EXHIBIT 3
obligations hereunder and thereunder, including liens on the Property, use and deed
restrictions and covenants running with the land.
NOW, THEREFORE, forand in consideration of the to imat covetiauts and
agreements herein contained, City and Developer agree as follows.
1. DEFINITIONS AND INTERPRETATION
1.1 Detincd Terms. All capitalized terms used herein, including, without
limitation, in the TLecitals above and in all other Project Documents, unless otherwise
expressly defined, are defined where first used in this Agreement and/or as set forth in
This Article 1.
"Affordable Housing" means housing operated in ,iccorclanec with the
requirements of 24 CH? parl 570, and uliliiing the standards of the HOME Investment
Partnerships Program (TTOME) at 24 CFR 92252and 24 CFR 92253, and the rents issued
by the Tax Credit Allocation Convnittec.
"Affordability Restrictions on Transfer of Property" means that
certain document affecting real property benefiting the City, attached hereto as Fxhibit F_
"Affordable Rent" means the Monthly rents that arc sct lorth in inure detail
in Section 7 of this Agreement.
"Building Permit" means the building permit(s) issued by City and
rccluired for the construction, if any.
"Business Day" me,nrs any Monday. Tuesday. Wednesday, Thursday or
Friday on which Santa Ana City Hall is open to the public for the conduct of City affairs.
"Calendar fear" means each consecutive twelve (12) month period from
Jauuary 1 to December 31.
"CI)BG Compliance Period" is for a period of l'i fieeii (15) years.
"CDBG Program" has the, meaning set forth in Recital "A" above.
"CDBG Regidatinns" has the meaning set forth in Recital "A" above.
"Cerlifieale of Completion" has the meaning set Ibrth in Article IT
"City" means the City ofSanta Ana, California, a charter city and
municipal corporalion.
"City/CDBG Loam" means the loan to be made to Developer by City
from CDBG funds pursuant to Article 5 of this Agrecmcnt.
"City/CDRC Loan Deed of Trust" means the deed of truSt encuntherinv
City Council 3 21 — 7 4/20/2021
EXHIBIT 3
the Property, in the forin attached hereto as Exhibit 1), to he executed by Developer
pursuant to Section 5.132 in order to seats the Loan Note-
"City/CDB(; Loan Note" mans that certain promissory note in the
original principal amount of $1,687,047, in the form attached hereto as Fxhibit F., and to
he executed by Developer in favor of 'iIy to evidence the obligation ofDeveIoper to repay
the City/CD130 Loan -
"Close of Escrow" shall mean the date upon which the City/CDBG Loan
Deed of Trust is recorded in the Official Records Of the County -
"Closing Stalement" means the final Aateinent of Developer's
Escrow account for the Pill ehase and sale of the Property pursuant to the Purchase Contract.
"Community Deveopmcnt Block Grant" or "CDBG" has the meaning
set finch in Recital "A" above-
"COUMV" 111e311s the County of Orange, California.
"Developer" means North TTarbor Uousing Partners LP , a California
limited partnership, its successors and assigns -
"Developer's Representative" shall near John Witkowski of the
Managing General Partner of Developer or his/her designee.
"Escrow Holder" means First American Titic hrsurancc Company,
18500 Von Karman Ayenuc, Suite 600, Irvine, CA 92612.
"Tvent of Default" has the meaning set forth in 'Section 20.1-
"Executive Director" means the Executive Director of the Community
Development Agency, or ]cis/her designee.
"Extremely Low income" an adjusled income which does not exceed
thirty percent (304„) of dte area median income for the Orange County, Califirrnia PMSA,
adjusted fir household size, as published by HUD.
"General Partner(s)" means the Cleneml Partner of Developer, .ITTC-North
Harbor LL C, and their respective successors and assigns -
"Governmental Authority" means any govcrntncntal or quasi
governrncntal agency, board, bureau, commission, depart7tcnt, court, administrative
tribunal or other insiruntenfality or anlhorily, and any public utility.
"Hazardous Materials" moms tlanunable materials, explosives,
radioactive materials, hazardous wastes, toxic substances and similar substances and
materials, including all substances and materials defined as hazardous or toxic wastes,
substances or materials under anv annlicahle law- including Without limitation the
City Council 4 21 — 8 4/20/2021
EXHIBIT 3
Resource Conservation and Recovery Act, 42 TT_S_C - §§ 6901 et sue., and the
Comprehensive Environmental Response, Compensation and T.iability Act of 1980, 42
U.S.C. §§ 9601, et seq., as amended.
"HUD" means the United States Departnnent of Housing and Urban
Development and any successors or assigns thereof.
"Improvements" means all improvements and flxtnres now and hereafter
comprising any portion of the Property, including, without limitation, landscaping, trees
and plant materials; and offsite improvements (including, without limitation, streets,
curbs, s1.01111 drains, and adjacent street lighting)_
"Indebtedness" of a person means (a) all indebtedness for borrowed
money, (b) notes payable and drafts accepted representing extensions of credit, whether
or not representing obligalions for borrowed money, (c) any obligation for the purchase
of property or services in excess of 510,000 in the aggregate that is 6) deferred for more
than six (6) months, or (ii) evidenced by a note or similar insnvmcnt, and ( d) all recoursc
and all non -recourse indebtedness secured by any Lien on any property or asset of such
person (whether or not assutned by such person).
"Indcrnnilecs" ha> the meaning set forth in Section 145.
"Laws" means all statutes, laws, ordinances, regulations, orders, wn43,
judgnlents, injunctions, decrees or awards of the United States or any state, county,
nnrulicipality or other Governmental Authority_
"Lien" means any lien, mortgage, pledge, security interest, charge or
encumbrance of any kind (including any conditional sale or other title retention
agreement, any lease in the nature thereof, and any agreement to give any lien or security
interest).
-Limited Partner" ancans the Limited Partners of Developer, and their
successors and assigns.
"Loan Documents" means, colleetivcly, this Agreement, the City/CDBG
Loan NUCC, the City/CDBG Deed ofTrtsi, the Affordability Rcsuictions on Transfer of
Property, and any oilier agreement, document, or instrument that ilie City requires in
connection with the execution ofthis Agreement or from time to time to effectuate the
purposes of this Agreement_
"Low Income" means an adjusted income which does not exceed eighty
percent (80%) of the area median inconnc for the Orange County, California PMSA,
adjusted for household sire, as published by HUD.
"Median income for the Area" means the median income for the Orange
County, California PMSA as most recently determined by HUD. Also may be referred h)
interchangeably in the Loan Documents as "Area Median Income" or "AMP'.
City Council 5 21 — 9 4/20/2021
EXHIBIT 3
"Partnership Agreement" means the Amended and Restated Agreement
of T.imited Partnership let North Harbor Housing Partners IT dated March 1, 2021, as
aad ParuicShip Agrceincm inay be amended troin tiinc to tiinc.
"Permitted Encumbrances for the Affordable Housing Restrictions"
means, collectively, the Senior Loan Deed ol'Trust and Al other title exceptions and
limitations ",lilt respect to the Property hei-cafter approved by the EXCCtrtive Director in
writing.
"Permitted Encumbrances for the City Loan Deed of Trust"
means, collectively, the Senior Lrm Deed of Trust and all other title exceptions and
limitations with respect to the Property hereafter approved by the Exectrtive Director in
NAIL lg.
"Project" means the acquisition and rehabilitation -of (he 1roperty by
Developer pursuant to this Agreement.
"Project Budget" means the line -item budget for the Project
attached hereto as Exhibit C, as modified front tine to tithe in accordance with this
Agreement.
"Project Costs" means all costa of any nature incurred in connection with
the project in accordance with generally accepted accounting principles.
"Property" means the Property that is located at 1 108 North Harbor
Boulevard, within the City of Santa Ana, and is more ftllly described in tlrc "Lc yal
Description" of the Property attached hereto as Exhibit A and incorporated hk ircirt b-y
reference.
"Senior Lender" means each of,ll'Morgan Chase Kahle, N.A., and the
Deparunent of Housing and Community Developmem. or any other holder of either
Senior Loan Note or any refinancing ofeither Sci for Loan Note.
"Senior Loan" shall mean the senior loan made by (i) JPMorgan Chase
Sank, N.A. prior to the City Loan for payment of a portion of the acquisition and
rehabilitation vests, and (it) the senor loan that will be made by the Depaltlncnt of
llousing and Cotnrnunity Development for a portion of the operating costs, and shall
include any suhsequent loan that refinances an initial Senior Loan.
"Senior Loan Deed ol'Trusl" means a deed of trust securing a
Senior Loan by cncttmbering the Property.
"Senior Loan Documents" means, collectively, the loan agreement
governing a Semor Loan, a Senior Loan Note, a Senior Loam Deed of Trust, and any
odlcr agreement, document or instivment that it Senior Lender requires in connection
wtlll a Senior Loan.
"Senior Loan Note" means a promissory note evidencing a
City Council F 21 — 10 4/20/2021
EXHIBIT 3
Senior Loan from a Senior Tender_
"Terns" the tctins and conditions contained herein shall remain in eflecl
tier fifty-tive (55) years. The Affordability Restrictions oil Transter of Property shall also
remain in effect for fifty-five (55) years.
"Very Low income" means an adjusted income which does not execcd
fifty percent (501%,) of the area median income for the Orange County, California PMSA,
adjusted for household size, as published by HUD.
12 Sinoular and Plural Terms. Ally defined tens used in the phu-al in this
Agreement or any other City Loan Document shall refer to all members of Ilse relevant
elass and arty defined terin used in the singular shall refer to any number of the members
of the relevant class.
1.3 References and Other Tams. Any reference to this Agreement or Lilly
Loan Document shall include such docuinem both as originally excuued and as it inay
from time to time be modified. References herein to Articles, Scetions and Exhibits shall
be construed as references to this Agreement unless a different document is named.
References to subparagraphs shall be consnrued as references to the same Section in
which the reference appears. The tello "dOCumeln" is used in its broadest sense acid
cncoiitpaascs agrecinents, catilicates, opinions, consents, inatruincnt, and other written
material of every kind. The terms "including" and "include" mean "including (include)
Without. linii(ativn."
1 A Exhibits incorporated_ All attaehmcnts and exhibits to this Arrccincnt,
as riow existing and as the same may from time to time be modified, arc iticorporatcd
herein by this reference.
2. IRESE14VFI)l
3. SCOPE OF WORK/ PROJECT BUDGET
Developer shall comply with this Section unlil the Certificate ofConipletion is
slued.
A "Scope of Work" for the Property is attached hereto as Exhibit B. Any change
to the Scope of Work requested by the Developer, which would result in a change
to the Project Budget in excess of ten percent (10%) of any individual line item or in
excess of live percent (5°/,) of the aggregate budget, shall be subjeeIto the prior written
approval of tltc Exeeutivc Director.
A line -item budget for the Project, including a summary statement of sources and
uses of fiords, is incorporated into Exhibit C (the "Project Budget")- Any material change
to the Project Budget in excess of tell perccnt (109%) of any ineividual uric item or in
excess of five percent (5%,,) of ilre aggregate budget shall be subject io the prior written
approval of the Executive Director which if not eranted or denied within five (5 )
Business Days_ shall be deemed annroved_ ni-ovided_ however. that in all events_
City Council 7 21 — 11 4/20/2021
EXHIBIT 3
Developer shall at all times obtain anti maintain all required permits and approvals from
the City's Planning and Building Agency- Nohvillhstanding the foregoing, the 01-y's
approval of a change order shall not be reluircd unlesS the approval oC a Senior Lendcr is
required with respect to Snell change order.
4. jRF.SFRVFDj
5. LOANS
A. CiTV LOAN-
1. Amount and Purpose. Subject to the terms and conditions of his Agreement,
City agree; to make a loan of CDBG ftmdS to Developer in the principal amount of up to
$1,087,0'17 (the "City/CDBG Loan") for the acquisition of the Property to provide tar nn
adaptive reuse as arrordable housing.
2. City/CDBG Note and Deed of Trust. The City/CDBG Loan shall be
evidenced by the City/CDBG Loan Note in the form attached hereto as Exhibit E. The
City Loan shall be secured by the City/CDBG Loan Deed of Trust in the foffit attached
hereto as Exhibit D. The City/CDBG Deed of Trust shall be a deed of gust encumbering
the Property, subordinate to the Senior- Loan(s) made to Developer and the Senior Loan
DUCtnncnta.
3. City/C.DRG Loan Ferms.'I'he Leans and conditions of the ('i1y/0)B(j
Loan are as set forth in the City/CDBG Loam Note which is a residual receipts note- The
CDBG Compliance Period is fifteen (15) years, cornntencing on the datc iliac all work is
complcte and the Property is fully occupied.
G. CONDITIONS TO DISBURSEMENT OF LOAN PROCEEDS
Developer shall comply with 1111S Section until the Certificate of Compliance is issued.
6.1 Conditions Precedent. City's obligation to disburse the Loan Amount is subject
to the salislaclion, or waiver by the Executive Director, ol'lhe Billowing conditions
prec echo:
(a) Loan Documents. Developer shall have delivered to the
Fscrow Holder, signed by the authorized officer or officers of Developer, with such
signature(s) acknowledged where necessary, each of the following documents:
(i) the Loan Agreement;
(ii) The Cily/CDBG Loan Note.
(in) The City/CDBG Decd of Trust, and
(iv) The Affordability Restrictions on Transfer of Property.
City Council 8 21 — 12 4/20/2021
EXHIBIT 3
(h) Title Tnsurance_ City shall have received an LP-10 AT.TA Lender
loan policy of title insurance (2006 edition), or evidence of a annrYriunent therefore
satisfactory to City, issued by First American Titic lrtaurancc Company and Lit form and
substance satisfactory fir City, together with all endorsements and binders required,
naming City as the insured, in a policy amount of not less than the City/CDHG Loan
Amount, showing Developer as the 1ee owner of the Property and insuring the
City/CDBG Dccd ol'Trust to be it valid lien on the Property_ This Agreement, the
City/CDBG Loan Note, and City/CDBG Deed of Trust shall be subordinate to caeh
Senior Loan Note and each Senior Loan Deed of Trust.
(c) Affo-dttbilityResuictionsonTransferofProperty. Developer
shall have delivered to the Escrow Holder, in the form atuaehed hereto as Exhibit F, the
Af bidabilay Restictions on Transfer ofTitle pursuant to which, among other things,
Developer agr'ccs that the Property shall be used only for decent, safe, sanitary and
allordable rental housing pw3uam to the a ffordabi lily requirements ol'Code of Federal
Regulations (-'CFR") section 92252 , as applicable.
(d) Documents Recorded. This Agreement, the City/CDBG Loan Deed
Of Trust and the Affordability Restrictions on Transfer of Property shall have been
recorded in the Official Records of the County. This Agreement, and the City/CDBG
Loan Deed ol'Trust shall be subordinate to each Senior Loan Note and each Senior Loan
Dccd ol'Trust.
(e) Request for Notice. For the benel it of City. Lwow Holder shall
have recorded a request for notice of default of Senior Loan made by JPMorgan Chase
Bank, N.A. (the "Request for Notice of Default").
(f) hrsurance. City shall have received evidence satisfactory to the City
Attorney that all of the policies of insurance required by Section 19 of this Agreement are
in full force and effect.
(g) Representations and Warratttics. The representations and
warranties of Developer contained in this Agreement and the other Loan Documents shall
be correct in all malerial respects as ol'lhe Close ofEscrow as though made on and as of
that date, and if requested by the EXCCLItiVe DirtiClor, City shall have received a CCI-LifiCatc
to that effect signed by Developer's Representative.
(h) No Default. No Event of Default by Developer shall have occurred,
and nn event shall have occurred which, with the giving of notice or the passage of time
or both, would constitute an Event of Default by Developer Linder this ADreernenl, and it'
requested by the Exccutivc Director, City shall have received a certificate to that ctfect
signed by Developer's Representative.
62 Dishursement Procedm•es fur Lortn.
The Loam proceeds shall be disbursed to Borrower's account aL L11c JPMorgan Chase Ballk,
N.A. TO finance the acquisition of the Property, with other proceeds being used for the
rehabilitation (as evidenced in Exhibit C). The Loan proceeds shall not he used for any
City Council 9 21 — 13 4/20/2021
EXHIBIT 3
purpose other than for acquisition costs of the Property and/or rehabilitation costs, including
a Developer fee and soft costs related to development ol'the Project (Costs till subject to
City's prior review). W%, of the Lotus procccds will be disbursed by City to Burrower aller
execution and recording ofthe Loan Agreement, with 10'/o held back by the City and not
disbursed to Borrower until after completion of construction on the Project and issuance of a
Certificate o f occupancy.
6.3 First Disbursement. The City's obligation to approve the first disbursement of
the Construction Portion is subject to satisfaction of the following conditions precedent:
(a) General Contractor. If the Executive Director has not ,yet approved
die General Contractor, the Executive Director shall have approved the identity and
qualiticatiuris of the Gencral Contractor.
(b) Construction Conlracl. If the hxectinve Director has not yel
approved the Ctntsn2ictirnt Contract, the Executive Director shall have approved the
Construction Contract.
(c) Relocation Plan. If the relocation of any existing tenants is
contemplated by the parties, the Executive Director shall have approved a plan for the
relocation of such tenants of the Property detelmtined by the FXeentive Director to be
clipblc fur relocation assistance.
6.4 'Termination for Failure of Condition. If(a) any of the condilions set forth
herein are not timely satisfied or waived by the Executive Director, and (b) City is not in
dcfatli undo this Agreement, City inay terminate this Arrccmcnt without any ftrdicr
liability on its part by giving written notice of termination to Developer. Upon the giving
Of such notice, all principal- interest and other amounts owing under the City Loan Note
shall be immediately due and payable, regardless of any other specified due date.
6.5 I Rese rved.l
6.6 I tteserved.l
6.7 Waiver of Conditions. The conditions set forth pertaining to City's
Obligation to approve disbursements of the, rehabilitation or construction portion arc for
C'ity's benefit only and the Lxecutive Director may waive all or any part of such rights by
written notice to Developer-
6.8 Waiver of Disbursement Conditions. Unless City otherwise agrees in
writing, iltc approval by City of any disbuiscincnt with knowlcdtgc that any condition to
such disbursement is not fultilled shall constitute a waiver of such condition only with
respect to the particular disbursenienl made.
6.9 Modification of Disbursement Conditions and Procedures. The.
EXCutive Director shall have the authority to modify the disburscrncm conditions and
procedures set forth herein in order to conform diem to the payment provisions of the
Construction Contract.
City Council 10 21 — 14 4/20/2021
EXHIBIT 3
6.10 Other Ternts and Conditions ohLont.
A. I'he Note shall become immediately clue and payable, in the evelu elf ally
of the following.
(1) railure to complete the Project within boar (4) years of the
recording date,
(2) all CDBG rental units do not achieve initial occupancy within 6
months of project Completion—
(3) violation of any of the use covenants and resLneuons contained in
this Agreement after the expiration of any applicable notice and cure
periods;
(4) an Event ofDefault by Developer which is not timely cured after
expiration of any applicable notice and care periods pursuant to the
terms of this Agreement.
(i.l 1 Closing Costs and Pees. Developer shall pay (a) all escrow fees and charges,
(b) all recording fees and charges on any document recorded pursuant to this Agreement,
and (c) the prctniutn lot the title insurance tequired hcreLndcr.
7. AFFORDABILITY REQUIREMENTS, USE AND MAINTENANCE OF THE
7.1 Use Covenants and Restrictions.
A. Developer agrees and urvenants, which covenants shall run with the land and bind
Developer, its SLIQCe55prs, its assigns and every NtwQessor in interest to the Property that
Developer will snake all rental units on the Propeny available to extremely low-income
households at rents affordable to quell households tut titty-five (55) years tiom the issuance of
the Certificate ofComplction. The 0D13G restrictions shall be enforced until the date that is
fifteen (1 51 years tiller the dale on which Lhe Certificate of Completion is issued or until
repayment of principal and all aecluul interest on the CDBG Loan, whichever Conics last.
The City permits the Developer to limit the eligibility and/or give preference to a particular
segment of the population in accordance with 24 (TR 92.253(d).
H_ The Project shall consist of ninety-one (91) units, two(-") of which shall be on -site
tanager units-
C. At initial lease tip. households in the units cannot cal n more than 30'% of AMI.
1{ental increases shall be in conformance wilh federal 'and stale law. Alter the fifteen (15)
year CDBG Compliance Period, the City shall require thaL the nails remain affordable for
the Terns of this Agreement, with rents calculated based on asstuucel hottschold size at the
saille incolile levels.
City Council 11 21 — 15 4/20/2021
EXHIBIT 3
D. All ofthe units will be restricted to occupancy by families earning no more than thirty
(30°/,) of the Area Median Income (AMI).
L. Maximum Occupancy will be two (2) people per belroum plus one (1). Lxample for a
two -bedroom unit, five (5) people would be maximum occupancy.
F. Aflin-dablc rents shall be govci-ned by tbe. Tax Credit Allocation COtmlIInCC.
G. Developer must have a written lease between tenant and owner for a period of at least
one year, unless a shorter period is mutually agreed upon. Teases must be consistent with
the HOME Progl-am regulations at 24 CFR 92253(a) and (b).
7.2 Affordability Levels/Unit Mix:
Hie al"fordability levels/unit mix for the Project is as follows:
Unit Size
No. Units
AMI
Studio
89
30%
I he remaining two (2) units will be reserved for onsite management.
( l ) In rut event shall the rent charged to the units be more than that amount of tlrc rent
affordable to a family at 30% Area Median Income as published by the Tax Credit
Allocation Committee, as amended from Lime to time.
(2) Annually with the financial statements, the Developer shall provide an annual report
of rents and occupancy of all units, to verify compliance with affordability
requirements.
.I be affordable rents charged at the Project must comply with the standards set forth by the
Cahlimtia Tax Credit Allocation Committee (TCAC). Notwithstanding anything to the
contrary contained in this Agrounicnt or the Alli>rdability Rcsnictious on Translbr of
Property, in the event of a foreclosure, or delivery of a deed in lieu of foreclosure, of any
Senior Loan, (1) the maximum qualifying tenant household income shall be increased to
60%, of Area Median Tncome adjusted for family sire appropriate to the min, and (2) the
nraxinuut annual al'lixdablc rent shall be inn -cased to comply with the rent limits set [brlh
by California Tax Credit Allocation Committee (TCAC) for households at 601/,, Arca
Median Income.
utility allowances must be deducted from the Maximum dross Monthly I{ent. t he Housing
Authority of the City of Santa Ana publishes the Utility Allowance Schedule.
Initial rents may be recalculated to allowable rcotal amounts at the time of initial lease -up
following completion of construction in accor&m,:e with any changes in allowable rent and
income tables as Published by TTTTD.
7.3 Rent Increases: On an annual basis, the City shall provide Developer with the
maximum allowable schedule of rents for the Property in accordance with changes in
allowable rent and income tables published by the California Tax Credit Allocation
City Council 12 21 — 16 4/20/2021
EXHIBIT 3
Conunittee (TCAC), provided however that the rent for the CDBC i units Shull in no event be
higher than the rent liir the equivalent non-CDBG assisted units within the Project. In no
evcut can Developer charge any tenant more than such amount. The City will snake all best
eftcnts to provide Developer with the inaxinnnn allowable schedule of rents within no more
than 30 calendar days after the date TC'AC publishes the allowable rent and income tables.
7-4 Prohibited Fees. The Developer and subsequent owner is prohibited bons charging
fees that are not customarily charged in rental housing such as laundry room access tees, and
other fees. however, may charge reasonable application fees to prospective tenants, may
charge parking fees to tenants only if such fees are customary for rental housing projects in
the neighborhood; and may change fees for service. such as bus tansportatiou or meals, as
long as such services are voluntary. The Developer and subsequent owner Can change
reasonable application tees to prospective tenants; other tires only to the extent that dte-v are
reasonable and customary for the project area; and fees for services provided to tenants,
provided that these services are not mandatory.
7S Maintenance of the Property. Solely at Developer's expense, Developer agtce, to
maintain the Property in a clean and orderly condition and in good condition and repair and
keep the Property free from arty accumulation of debris rued waste materials. If at any time
Developer fails to maintain, or cause to be maintained, the Property as requited by this
section, and said condition is not eon-ected alter the expiration ofa reasonable period of time
not to exceed thirty (30) clays Born the date ol'wtittcn notice Burn the City, unless such
condition cannot reasonably be cured within thirty (30) days, in which case Developer shall
have such additional lime as reasonably neceSsary to complete such cure, the Cady may
perlorni the necessary maintenance and Developer shall pay all reasonable costs incurred for
such ntaintcnanec. The City shall inspect ttre Property annually after the date of issuance of
the Certificate of Completion as described in Article 17 of this Agreement. During the
CDBG Compliance Period, the Property must meet all applicable State and local codes. The
Property must lie free of all health and safety defect; during the CMG Compliance Period-
7.6 Oblioalion to Refrain from Discrimination. Developer covenant_; and agrees for
itself, its Successors, its assigns and every successor it interest to the Properly or arty part
thereof, that there shall be no discrimination against or segregation of any person or group of
persons on account of'race, color, creed, religion, sex, mental orphysical disability, marital
status, ancestry or national origin in the sale, lcaSe, sublease, transfer, use, occupancy, lenurc
Of cnjoyrucnt of the. Property not shall Developer itself Of any person claiming under or
through him establish or permit any such practice or practices of discrimination or
segregation with reference to the selection, location, number, Ise or occupancy of tenants,
lessees, subtenants, sublessees orvendees of the Property- 'Ilie foregoing covenants shall
rani with the land and shall remain in effect for the term of the Ag eement-
7.7 Increase in Rent and Occunancv Restrictions upon Termination of Rental
Sunsidies. The parties acknowledge thal Developer is only able to rent units to
Extremely Low Income Households because the City is providing 89 Project -Based
Vouchers to[ Penrlanent Supportive Housing ("PBV Vouchers"). In the event the PBV
Vouchers expire, terminate, are not renewed or are reduced for arty reason other than a
default by Developer under the P13V Vouchers, then the occupancy requirements for all
of the units shall automaticaliv increase to fist% of the Area Median hiconre and the
City Council 13 21 — 17 4/20/2021
EXHIBIT 3
Affordahle Rent shall increase to Affordable Rents for 11On5eholds earning 00'/n ofthe Area
Median Income in accordance with the rent limits set Ibrth by the Calilimiia Tax Credit
Allucaliun Committcc (TCAC) Ibr huuscholds earning 60'G, of the Area Median Income.
S. IMSERVED.
9. GENERAL PROVISIONS AND WARRANTIES
As a material inducement to City to enter into this Agreement, Developer
represents and warrants as follows-
9.1 Formation, Oualil'icalion and Contnlianee, !HC-Nordt Harbor LLC_ die
managing general partner of Developer (a) is a limited liability company, validly existing
and in ;ood standing under the laws of the State of California, (b) has all requisite
authority w conduct its business and own and lease its properties, and (c) is qualilied and
in good standing in every jurisdiction in which the nature of its business makes
qualification necessary or where failure to qualify could have a material adverse effect on
its financial condition or the performance of its obligations under the Loan Documents.
Developer is in compliance with all laws applicable to its business and has obtained all
approvals, licenses, exemptions and other authorizations from, and has accomplished all
filings, registrations and qualilieations with, any Goverrnnemal Authority that are
nccessuy fur the transaction of its business.
9.2 Execution and Performance of Loan Documents.
9.11 Developer has all requisite authority to execute and perform its
obligations under the Loan Documents.
922 The execution and delivery of Developer of, and the performance
by Developer of its obligations under, each Loan DOCUment has been authorized by all
necessary action and does not and will not:
(a) require any consent or approval not heretofore
obtained of any person having any interest in Developer;
(b) violate any provision of, or require any consent or
approval not heretofore obtained under, any articles of incorporation, by-laws or other
governing document applicable to Developer;
(c) result in orrequire the creation ofany lien, claim,
char-c or outer right of other of any hind (other than uncletic City Loan Documents)
Oil or with respect to any property now or hercatter owned or leased by Developer;
or
(d) violate any provision of any law presently in effect;
(e') constitute a breach or default under, nr permit the
City Council 14 21 — 18 4/20/2021
EXHIBIT 3
acceleration of obligations owed under, any contract, loan agreement, lease or other
agreement or document to which Developer is a party or by which Developer or any of its
property is buund.
9.2.3 Developer is not in default in any respect that is materially adverse
to the interest, of C'iiy under the T oan Documents or that would have any material
adverse effect on the, financial condition of Developer or t}re conduct of its business,
tinder any law, contract, lease or other agreement or document described in sub-
paragraph (d) or (e) of the previous subsection.
92.4 No approval, license, exemption or other authorization from, or
filing, regisuation or qualification with, any Governmental Authority is required which
has not been previously obtained in connection with:
(a) the execution of Developer of, and the performance
by Developer of its obligations under, the Loan DOCmnents; and
(b) the creation of the liens described in the Loan
Documents.
9.3 Financial stud Olher Inlinrmation. To the best of Developei's lnowled e,
all financial infurtnatiun furnished to City with respect to Developer in connection with
the I .oan (a) is complete and correct in all material respects as of the (late of preparation
Ihereol; (b) accurately presents the financial condition ol'Developer, and (c) has been
prepared in accordance with generally accepted accounting principles consistently
applied or in accordance. with such other principles or nn:tliods as arc reasonably
acceptable to City. To the best of Developer's knowledge, all other docunnems and
information furnished to City with respect to Developer, in connection with the Loans,
are correct and complete in all material respects insofar as completeness is necessary to
give the City accurate knowledge of the SttbieQL nnatter. 't o the best of Developer's
knowledge Developer has no material liability or contingent liability not disclosed to City
in writing and there is no material lien, claim, Charge or other right of others ut ativ kind
(including liens or retained security titles of conditional vendors) on any property of
Developer not disclosed in such financial slatements or otherwise disclosed to City in
writing.
9.4 No Material Adverse Chan-e. There has been no material adverse change in
The condition, financial or otherwise, of Developer since the dates of the latest financial
statements furnished to City. Since those dates, Developer has not entered into any
material transaction not disclosed in such financial statements or otherwise disclosed to
City in writing.
9.5 Tax Liability. Developer has tiled all required federal, state and local tax returns
and has paid all taxes (including interest and penalties, but subject to lawful extensions
disclosed to City in writing) other than taxes being promptly and actively contested in
good faith and by appropriate proceedings. Developer is maintaining adequate reserves
for tax liabilities (including contested liabilities) in accordance with generally accepted
City Council 15 21 — 19 4/20/2021
EXHIBIT 3
accounting principles or in accordance with such other principles or methods as are
reasonably acceptable to City-
9.6 Governmental Renuirements. To the best of Developer's knowledge, Developer
is in compliance with all laws relating to the Property and all Governmental Authority
approvals, including Zoning, land use, planning requirements, a nd requirements :n-ising
From or relating to the adoption or amendment of, any applicable general plan,
subdivision and parcel map requirenien; environmental requirements, including the
requirements of the California Environmental Quality Act and the National
Environmental Policy Act and the preparation and approval of all required environmental
impact statements and reports; use, occupancy and building permit requirements; and
public utilities requirements.
9.7 Rights of Others. Developer is in compliancewith all covenants, conditions,
restrictions, easements, rights of way and oilier rights of third parties relating to the
Property-
9.b Litigation. There are no material actions or proceedings pending or, to the best of
the Developer's knowledge, threatened against or affecting Developer or any property of
Developer before any ( lovernmental Authority, except as disclosed to City in writing
prior to the execution ofthis Agreetnent-
9.9 Rankrupfey. .I'o the best of Developer's knowledge, no attachments, execution
proceedings, assignments for the benelil ol'c editors, insolvency, bankruptcy,
reorganization or other proceedings are pending or threatened against Developer, nor are
any of such proceedings contemplated by Developer.
9.10 Information Ace urate. To the best of Developer's knowledge, all information,
regardless of its form, conveyed by Developer to City, by whatever means, is accurate,
eo,-reu and Sufficiently complete to give City u-ua and accurate knowledge of its Subject
matter, and does not contain any material misrepresentation or omission.
9.11 Conflicts of Interest. No member, official or cmployce ofthc City steal I have any
personal interest, direct or indirect, in this Agreement, nor shall any such member, ollicial or
employee participale in any decision relating to this Agreement which affects his/her
personal interests Or the interests ofanycorporation, partnership or association in which
he/she has a direct or indirect financial interest. The Developer m arrants that it neither has
paid nor given, nor will pay or give, any third parry any money or other consideration for
obtaining this Agreement-
9.12 Non -liability of City Officials and Employees. No mcmba, official or cmployce of
the City shall be personally liable to the Dcvcloper in the event of any detault or breach by
the City or for any amount which may become (file to Developer or on any obligations under
the terms of this Agreement-
9.13 No Assignment. Developer expressly acknowledges and agrees that dic City has
only agreed to assist the Developer as a metuis by which to induce the
acquisitioil /rehabilitatit» t/development of the Property- Accordim4ly, Developer further
City Council 16 21 — 20 4/20/2021
EXHIBIT 3
expressly ackno" ledges and agrees that this Agreement is a personal right of Developer that
is neither negotiable, transferable, nor assignable except as set 181111 herein. Developer May
assign some or all of its rights under the Ag cement only with is prior written consent of
the Lxecutive Director (such consent not to be unreasonably witttheld), except that no prior
consent is necessaryforan assignment by limited partner of Developer to an affiliate, oras
otlewise provided in the Deed ofTrust-
9.14 Applicable Law. This Agreement shall be uuerpreted, governed and enforced under
federal and state laws.
9-15 Third Parries- This Agreement is made for the sole benefit of Developer and the
City and their successors and assigns, and no other person or persons ,hall have any rights
or remedies tinder or by reason of this Agreement or any right to the exercise of arty right or
power of the City hereunder or arising from any default by Developer, nor shall the City
owe any duty whatsoever to any claimanl for labor performed or materials furnished in
connection with the C0 tsnuction of the Property-
9.1b Control of Property. The parties acknowledge that the City has not at any time
participated in any manner in the management or operation of the Property, and will not so
participate at any time hereafter
10. CONDITIONS FOR CONSTRUCTION
Developer shall comply with this Section until the Certilicateol'Completion is issued.
10.1 Permits and Approvals. Developer shall dilinenty obtain all permits,
including all building permits, licenses, approvals, exemptions and other authorizations
of governmental Agencies required in connection With the construction of the Property.
10.2 CnnlmCnCCInC1111 and Completion of Construction.
The ccntstntction shall be considered complete tot purposes of this Agreement
only when (a) al I work described has been completed and fill ly paid tor, and (b) all work
requiring inspection orcernficalion by Governmental Authority has been completed and
Lill requisite certificates, approvals and other necessary authorizations (including required
final certificates of occupancy) have been obtained.
10A3 RESERVED.
10-4 Entry and Inspection- At all times prior- to completion of the
construction, upon not le4S than forty-cigltt (48) hours' prior written nUticc, City and their'
agents shall have (a) the right of file access to the Property and all sites away trom the
Property where materials for the consruction are slored, (b) the right to inspect all labor
performed and materials furnished for the construction, and (c) the right to inspect and
copy all doctunents pertaining to the construction; provided, however, that if any such
eery shall occur while construction activities are occurring, a represcrnaLive of
Developer shall accompany City and/or its agents during such entry.
City Council 17 21 — 21 4/20/2021
EXHIBIT 3
1 M Compliance with Section 3 Clause. Section 3 of the Housing and
TJrban Development Act of 1969, 12 i1 S-C- 1701u, as amended by Section 915 of the
I lousing and Community Dcvcloptncnt Act of 1992 requires that economic opportunities
geticrated by I IUD financial assistaucc for housing and community devclopincnt
programs be targeted toward low- and very low- income persons. Whenever HUD
assistance generates opporlimilies lbr employment or contracting, sine and Ioca1
grantees, as well as other recipients of HTJD housing aSSISLIHICC Funds must, to Lhe.
greatest extent feasible, provide these opportunities to low- and very low- income persons
and to businesses owned by or employing low- and very low- income persons. Section 3
applies to projects for which TTTJD's ;hare of project costs exceed; .`F200,000 and
cemtracu and subcontracts awarded on projects for which HLJD's share orprojecL costs
exceeds S200,000 and the contract or,ubconu-act exceeds $100,000.
For purposes of this Section 3 Clause and compliance thereto, whctiever
the word `wn1raclor" is used it shall mean and include, as applicable, the Developer, and
its contractor and subecnitracto -(s), if any- The particular text to be utilized in any and all
contract, of any contractor doing work covered by Section 3 shall be in substantially the
force of the following, as reasonably detcrinined by the City, or as directed by HUD or its
representative, and shall be executed by Tile applicable contractor under penalty of
perjury
" ta) The work to be perlorured under ittis contract is ,Ubjcct to the
ra7lliremcnts of Section 3 of the I lousing and Urban Development Act of 1968, as
amended, 12 U.S.C. 1701 a (`Section 3"). The purpose ol'Sec tion 3 is to ensure
LhaL employment and other economic opporLLLnities generated by HIM assistance
or MJD-assisted projects covered by Section 3, shall, to the greatest extent
feasible, be directed to low- and very low-incontc persons [inclusive of Vcry Low
Income Persons, Very Low Income Households. and Very Low income Tenants
served by the Project], particularly person; who are recipients of TTTJT) assistance
for housing.
(b) The parties to this contract agree to comply with IIUD's
regulations in 24 CPR part 135, which implement Section 3. As evidenced by
their execution ol'lhis contract, the parties to [his conlracl certify that they are
Lurch- no ccnitraetilal or other impcdinrcn that would preveu them from
contplyinp with the part 135 regulations.
(c) The contractor agrees to send to each labor organization or
representative of workers with which the contractor has a collective bargaining
agreement or other understanding, if any, a notice advising the labor organization
or workers' representative of the contractor's commitments under this Scction 3
clause, and will post topics of notices in conspicuous places at the work site
where bolh employees and applicants for training and employment positions can
see the notice- The notice shall describe the Section 3 preference, shall set forth
minimum number of -job titles stll)ject to hire, availability of apprenticeship and
training positions. 111c qualifications for each; and the naive and location of
person(s) taking applications for each of the position; and the anticipated date the
work shall begin.
City Council 18 21 — 22 4/20/202'
EXHIBIT 3
(d) The contractor- agrees to include this Section 3 clause in every
_;ubcontract subject to compliance with regulations in 24 CFR part 135, and
agrees to take appropriate action, as provided in an applicable provision rut the
subcontract or in this Section 3 clause, upon a finding that the subcontractor is in
violation o['the regulations in 24 CFR part 135- The contractor will not
subcontract with any subcontractor where the contractor has notice or lautwledgc
that the subcontractor has been found in violation of thee regulations in 24 CFR
part 135.
(e) The contractor will cerd fy that any vacant ernploytnent positions,
including training positions, that are filled (a) after the contactor is -selected but
betore the contract is executed, and (b) with persons other than those to whom the
regulations of21 CPR part 135 require cntployntcnt opportunities to be directed,
were nol filled to circumvent the conlraclor's obligations under 24 CFR part 135.
(f) Noncompliance. with HUD's rczndations in 24 CFR part 135 may
resuh in sanctions, termination of this contract for default, and debarment or
suspension from future IIUD assisted contracts."
After the foregoing Section 3 Clause, there shall be it signature block ]'or
the contractor, as applicable, the fullowin- lcxt shall be included iuuncdiately above the
signature block: `°the contractor/provide by his/her signawre affixed hereto declares
under penally of perjury [hill cont-aclor has read [he requiremenls ol'the Section 3 Clause
and accepts all its requirements contained therein [irr all of his/her operations related to
this contract."
To the extent applicable, the Developer shall compl-v and/or cause
compliance with Section 3 Clause requirements for the Project- For example, when and
if Developer or its umuactor(s)Isubconuactor(s) hire(s) full time employees, rather than
volunteer labor or materials, Section 3 is applicable and all disclosure and reporting
requircnieuts apply.
10.6 Construction Information, From time to time during the course ofthe
consruction, within ten (10) Business Days following City's "rittat demand thacfbre,
Developer strall furnish requested reports of project costs, ptogress schedules and
contractors' costs breakdowns for the construction, itemized as to trade description and
item, showing the name of the contractor(s) and/or subconnactor(s), and including such
indirect costs as real estate taxes, legal and accounting fees, insurance, architects' and
engineers' fees, loan fees, interest during construction and contractors' overhead-
10.7 Protection Against Liens. I)eveloper shall diligently tilt a valid
Notice of Complelion upon comple[ion of the consruclion, diligenlly file a police of
cessation in the event of a cessation of labor on the construction for a period of thirty (30)
days or mote, and take all actions reasonably required to prevent the assertion of claims
of lien against the Property. In the event that any claim of lien is asserted against the
propert-v or any stop notice or claim is asserted against the City by any person furnishing
labor or materials to the PronerYv- Developer shall nronmtly eive written notice of the
City Council 19 21 — 23 4/20/2021
EXHIBIT 3
saute to City and shall, promptly and in any event within ten (10) Business Days after
written del nand therefor. (a) pay and discharge the saine, (b) elTect the release thereof by
delivering to City it surely bond complying, with the reyuircrncnt of applicable law,, for
such release, or (c) take such other action as City may reasonably require to release City
from any obligation or liability with respect to such stop notice or claim.
10.8 General Contractors who are Related Parties to the Developer- Tf thC.
Project is developed with general contractors who are Related Parties to the Developer,
the Developer must be audited to the subcontractor level by an outside auditing firm
approved by the City. The Developer shall pay for the audit to the subcontractor level by
an outside auditing Finn.
10.9 Labor Standards. Developer shall comply with the provisions of 24 Cl- It
570-603 and related requirements- Developer shall include in all applicable Coll ,n-aclion
contracts the provisions of federal law imposing; labor standards on tcdcrally assisted
contracts. f)evcloper shall comply with the requircrnents of the Secretary of I.abor in
accordance with the Davis -Bacon Act as amended (40 U.S.(-'. 3141 through 3148), the
provisions of Contract Work TTours and Safety Standards Act (40 U.S-C- 327 et seq. and
inrplcrnCntiog regulations), the Copeland Anti -Kiel: Back Act (40 T1-S.C. 270c and IS
U.S.C.. 874 el seq.), the implementing regulations of the U.S. Department of Labor
including 29 CPR Parts 1, 3, 5, 6 and 7, and all other applicable federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to the
perlbmrance ofthe Agreement. Developer shall maintain (locumentalion that demonsn-ates
compliance with these provisions and such doCumerttation shall be made available to City
and HUD for review upon request. Developer shall cause or require to be inserted in full,
in all such contracts subject to such regulations, provisions meeting the requirements of
this paragraph.
10.10 HUD Form 4010. Developer shall comply and cause Developer personnel
to comply with the provisions ofTTUD Form 4010- TTTTD Fonn 4010 must be included in
the bid paCka and Construction contract and subcontracts for the Project -
it. FL:DLRAL (CD11G PROGRAM) COVLNANTS
Developer shall comply with this Section during the CDBG Compliance Period.
11.1 Oualification as Affordable Housing. As inorc particularly provided in
the Affordability Restrictions on Transfer of Property, Developer shall use, manage and
operate the Property in accordance with the requirements oftbis Agreement so as to
qualify the housing on the Property as A ffordable Housing with affordable rents.
11.2 Tenant and Participant Protection. Developer shall comply with the
rcquircnrcnts of24 CI�R 92.253.
11.3 Local Preference. Subject to compliance with the CDBG Regulations, the
HUD-Veteriuts Affairs, Supportive Housing rcferal program rcquircmcnts, the County of
Orange coordinated entry system and applicable California and federal fair housin3 laws.
local preference for Santa Ana residents and workers in tenant selection shall be a
City Council -)0 21 — 24 4/20/2021
EXHIBIT 3
requirement of the Project. Subject to applicable laws and regulations gnvening
nondiscnnination and prelerenceS in housing occupancy required by HUD or the Slate of
Califontia, as well as the City of Santa Ana Allordablc llousiug Funds Policies and
Procedures, the Developer shall give preference in leasing units in the following order of
priority:
1. First prioril_v shall be given to persons who have been permanently displaced or
face permanent displacement from housing in Santa Ana as a result of airy of the
following:
a. A redevelopment prgject undertaken pursuant to California's Camrnunily
Redevelopment Law (Health & Safety Code Sections 3M00, et seq.) --
applicable only to projects ltmded by the Low and Moderate Income
Housing Assct Fund.
b. Ellis Act, owner -occupancy, or removal permit eviction;
e. Earlhquake, lire, flood, or other natural disaster;
d. Cancellation of a TTousing Choice Voucher TTAT' Contract by property
owner; or
e. Governmental Action, such as Code ILntorecment.
2. Second priority shall be given to persons who are either
a. Residents of Santa Ana and/or
Working in Santa Ana at least 32 hours per week for at least the last (i
tnonlhs.
11.4 Handicapped Accessibility. Developer shall comply with (a) Section
504 of the Rehabilitation Act of 1973, and implementing regulations at 24 CI-R Part 8
governing accessibility ofprojecls assisted under the CDR(3 Program; and (h) the
Americans with Disabilities Act of 1990, and inplcancming regulations at 28 CFR Parts
35-30, its applicable in order to provide handicapped accessibility to the extent readily
achievable.
11.5 Use of Debarred. Suspended, or Ineligible I'll •ticipants. Developer shall
comply with the provisions ol'24 CFR Part 5 relating to the eiriployrnem, engagement of'
services, awarding of contracts, or fitnding of any contractor or sttbcontntctor during, any
period of debarment, suspension, or placement in ineligibility status. Developer shall
maintain documentation verilying perlormalice of clearance reviews through the General
Services Administration — System for Award Management (SAM), dated prior to the
enrplo-vment, engagenu:nt of services, awarding of conoracts, or funding of any conuractor
or. subcontractor.
City Council -)1 21 — 25 4/20/2021
EXHIBIT 3
1 1.6 Maintenance of ih-ug-Free Workplace. Developer shall certify that
Developer will provide a drug -free workplace in accordance with The Drug Free
Workplace Act of 1988 and agrees to comply with and be subject to iti rcquirancnts,
which includes
(a) Publishing a statement notifying employees that the unlawful
maoufacnire, distribution, dispensing, possession, or Ilse of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prirh11)111 ur.
(b) Fstablisbing an ongoing drug-fi-cc. awareness program to inform
employees about: (a) the dangers of drug abuse in the work place;
(b) the grantee's policy of maintaining a ditg-tree workplace; (c)
any available drug counseling, rehabilitation, and employee
assislanceprof_rams; and (d) thepenalties that may be imposed upon
employees for drug abuse violations occurring in the workplace.
(c) Making it it requirement that each employee to tie engaged in the
performance of the grant be given a copy of the statcnrcru required
by paragraph (i).
(d) Notifying the crnployce in the statement required by paragraph (i)
that, as a condition of employment under rile grant, the employee
will: (a) abide by the terms of the statement: and (b) notify the
employer in writing of his or her conviction for a violation of a
criminal dru. staunc occurring in the workplace no later than live
(5) calendar days after such conviction.
(e) Notifying, the ageriey in writing, within ten (10) calendar days after
receiving notice under sub -paragraph (iv)(b) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title,
to every grant officer or other designee on whose grant activity the
convicted cmploycc was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the identification number(s) ofeach affected grant.
(f) I'akingoneoftile following actiom,withinthirty (30)ealendardays
of receiving notice under subparagraph (iv)(b), with respect to any
cmploycc who is so convicted- (a) taking appropriate personnel
action against such an cmploycc, up to and including tcrntination,
consistent with the requirements of the Rehabilitation Act of 1973,
as amended; or (b) requiring such employee to parricipwe
satisfactorily in a drug abuse assistance or rehabilitation program
approved for such Purposes by a Federal, State or local health, law
cnlbrcemcni, or other appropriate agency.
City Council 22 21 — 26 4/20/2021
EXHIBIT 3
(g) Making a good faith effort to continue to maintain a drug -free
workplace through implementation of' -paragraphs fit, (it), (in), (rv),
(v), and (vi).
1 1 .7 Environmental. Developer shall comply with and cause personnel,
contractors and agents to comply with the lollowing requirements as they are applicable
to thcperformanecol'this Agrcctnan:
(a) Air and Water. Developer shall comply with the following
regulations insohrr as they apply to the performance of the
Agreement: Clean Air Act, 42 U.S.C. 7401, et seq.; Federal Water
Pollution Control Act, as amended, 33 U-S-C- 1251, of seq-, as
amended, 1.118 relating to inspection, monitoring, envy, reports,
and infrmnation, as well as other requirements specified in said
Section 114 and Scction 308, and all regulations and guidelines
issued thereunder; and the U.S. 1?11vironmcntal Pr'otcetion City
regulations pursuant to 40 CFR Pats 50. as amended.
(b) Flood Disaster Protection Act of 1973. Developer shall assure that
for activities located in in area identified by FFMA as having
special flood hazards, flood insurance undo- the National Flood
1113nrance Program is obtained and maintained.
(c) Lead -Rased Paint. Developer shall comply with the Lead -Based
Paint Rcgulatiuns referenced in 24 CFR 570.608, including 24 CFR
Part 35, a al.
(d) Historic Preservation. Developer shall comply with the historic
preservation requirements set firth in the National historic
Preservation Act of 1966, as amended (16 U.S.C. 470t) and the
proccdrn-es sct forth in 36 CFR Part 900, Advisory Council on
Historic Preservation Procedures lot- Protection of Historic
Properties and related laws and EXeClllive Orders, insofar as they
apply to the performance ofthe Agreement. In general, this requires
concun-ence fi-om the State Historic I'resevauion Oliicer for all
rehabilitation and demolition of historic properties that are fifty
yeas; old or older or that arc included on it fcelcral, static, ur local
historie property list.
(e) Limitation on Activities Pending Clearance. In accordance with
24 C-FR- § 5822 entitled "Limitations on activities pending
clearance, "neither a recipient nor any participam in the
development process, including public or private nonprofit or for-
protit entities, or any of their contractors, may commit I IU1)
assitance under a program listed in 24 CFR 58.1(b) on an activity
or project until I IUD or the state has approved the rct ipicnt's
Request for Release of Funds (RROI�) and the related certiticatiirns
have been approved. Neither a recipient nor any participant in the
City Council 23 21 — 27 4/20/2021
EXHIBIT 3
development process may commit non-TTUD funds or undertake an
activity or project that would leave an adverse environmental
impact or limit the choice of reasonable alternatives_ Upon
completion of envirunntental review or receipt of envirintnlental
clearance, City shall notify Developer. HUD titn& shall not be
utilized before this requirenlenl is satisfied_ The environmental
review or violation of the provisions may result in approval,
modification of cancellation of the Ciry Grant. If a project or
activity is exempt tinder 24 CFR 58.34. or is categorically
excluded (except in extraordinary circurnstances) tinder 24 (-:FR
5835(b), no RROF is required and the recipient inay undertake the
activity immediately after the City has documented its
determination that each activity or project is exempt and meets the
conditions specified for such exanption under this section by
issuing a Notice to Proceed.
1 1.8 Affirmative Marketing. Developer shall implement turd perfornl such
aliirmative marketing procedures and requirements for the Property in compliance with
the C:ity's adopted Program.
1 1.9 Faual Onnortunity and Nondiscrimination. Developer shall comply
with and cause pcnunncl, cuntiactors and malts to comply with the fulluwing
requirenicnts as they are applicable to the pertornlance of this Agreement:
(a) Title VI of the Civil Rights Act of 1964, its amended, including
Public Law 88-352 implemented in 24 C.F.R. Part 1. '1his law
provides in parr that no person shall. on the grounds of race, color,
or national origin bec excluded from participation in, be dalicd the
benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance. In regard to the sale
or ]case of the Site, Developer shall cause or require a covenant
running with the land to be inserted in the deed and leases
prohibiting disclinlination tinder this Title, and providing that City
and the Unitcd Statcs arc bcncticiarics of and entitled to enforce
site[) covenants. Developer shall enforce such covenant and shall
not ilself so discriminate.
(b) Fair (lousing Act, Title Vill of the Civil Rights Act of 1968, as
amended, including Public Law 90-234. The Fair TTottsing Act
provides in part that there shall be no discrimination in lxxtsing
practices on the basis of race, color, religion, sex, and national
origin. The Fair I lousing Act was amended in 1988 to provide
protections front discrimination in any aspect of the sale or rental
of housing for families with children and persons with disabilities.
The Fair Housing Act also establishes requirements for the design
and con,
atterion of new rental or for -sale multi-tarnily housing to
ensure a minion in level of accessibility for persons with
disabilities.
City Council 24 21 — 28 4/20/2021
EXHIBIT 3
(e) Section 109 of Title 1 of the Housing and Community
Development Act of 1974, as amended, including 42 U.S.C.
5301 et seq., 42 U.S.C. 6101 et seq., and 29 U.S.C. 794. This
law provides in part that no parson On the grounds of race, color,
national origin, sex, or religion shall be excluded from
participation in, he denied the benefits of or otherwise be subject
to discrirination under any activity funded in whole or part with
hunts under this Title.
(d) Scction 104(b) of Title i of the Housing; and Community
Development Act of 1974, as amended, including 42 U.S.C.
5301 et. ceq. This law provides in part that any 17rant under
Section 106 shall be made only if the grantee certifies to the
satislactirm of the Secretary of HUD that the grantee will, among
other things, affiirmativcly fintltcr fair housing -
Executive Order 11246, as amended. This order includes a
requircntent that grantees and subrecipients and their contractors
and subcontractors not discriminate against any employee or
applicant for employment because of race, color, religion, .sex, or
national origin.
(f) Executive Order 11063, as amended, including 24 CFR Part
107. This order and its irrrpletrrenting regulations include
requircrnatts that all actions necessary be taken to prevent
discrimination because of race, color, religion, sex, or national
origin in the use, occupancy, sale, leasing, rental, or other
disposition of property assisted with Federal loans, advances,
grants, or concribunons_
(g) Scction 504 of the Rehabilitation Act of 1973, as amended.
This Act specifics in part that no otherwise qualified individual
shall solely by reason of his or her disability or handicap be
excluded from participation (including employment), denied
program benelilS, or+ltbjeoted to discrimination under any
program or activity receiving; Federal assistance_ Developer must
ensure that its programs arc accessible to and usable by persons
with disabilities.
(h) The Americans with Disabilities Act (ADA) of 1990, as
amended. This Act prohibits discrimination on the basis of
disability in employment by state and local governments and in
places of publicc accommodation and conunurcial Facilities. The
ADA also requires that facilities that are newly constructed or
altered, by, on behalf'of; or for use of a public entity, be designed
and consnucted in a manner that makes the facility readily
accessible to and usable by persons with disabilities. The Act
defines the range ol'conditions thatqualil'y as disabilities and the
City Council 25 21 — 29 4/20/2021
EXHIBIT 3
reasonable accommodations that must he made to assure equality
of opportunity, lull participation, independent living, and economic
sell=sul)icictncy forpersuns with disabilities.
(i) The Age Discrirninalion Act of 1975, as arnended. This law
provides in part that no person shall be excluded ti'ortt participation
in, he denied program benefits, or subjected to discrimination on
the basis of age under any program or activity receiving federal
assi stancc-
(j) T.EO/AA Statement. Developer shall, in all solicitations or
adccrtiscmcnts for employees placed by or on behalf of Dcvcloper,
state that it is an Equal Opportunity or Affirmative Action
employer.
(k) Minority/Women Business Enterprise. Developer wilt use its
best efforts to aftord small businesses and minority and women -
owned business enterprises the maximum praclicable opportunity
to participate in the performance of the Agreement. As used in the
Agrcanent, the, term "small business" means a busincs, that meets
the criteria set forth in Section 3(a) of the Small Business Act, as
amended (15 U.S.C. 632), and "minority and women -owned
business enterprise" means it business at least fifty-one percent
(S I1 n) owned and controlled by rninorit-y group members or
wvmcn. Fur the purpose of this dclinition, "minority group
members" are Afi'o-Americans, Spanish-speaking, Spanish-
surnanned or Spanish-herilaCe Americans, Asian -Americans, and
American Tndians- Developer may rely on written representationS
by businesses regarding their stains as minority and femalc
business enterprises in lint of ,in independent investigation.
(1) Violence Against Women Act (VAWA). Developer will
implement the VAWA protections for victims of domestic
violence, dating violence, sexual assault, or stalking who are
applying for, or are the beneliciaries of assistance under this
CDBG assisted Property in accordance with the requirennenk ol'24
CFR Part 5 — Subpart L. Notwithstanding [he title of the sutntte,
protceti Otis art, not IimitCd to women but cove'vi ctims of domestic
violence, dating violence, sexual assault, and stalking. regardless
of ex, gender identity, or sexual orientation.
11.10 Property Standards. Developer shall cause the Property to meet the
City's housing quality standards, OS well aS all applicable local, state and federal codes
and ordinances, including zmning ordinances. Developer shal I also cause the Property to
meet the can enl edition of the Model Energy Code published by the Council of Anletican
Building Officials.
City Council 26 21 — 30 4/20/2021
EXHIBIT 3
1 l .l 1 Displacement and Relocation. Developer acknowledges and agrees
that, pursuant to 24 CFR 570_606 and consistent with the other goals and objectives of
thin part, City must ensure that it has taken all reasonable steps to rninirnize the
displacernenl of persons as a result of the Project. furthermore, to the extent feasible,
residential tenants must be provided a reasonable opportunity to lease and occupy a
suitable, decent, sale, sanitary and allordable dwelling unit on the Property upon
completion of the construction_ Developer agrees to cooperate fully and unnpletcly with
City in meeting the requirements of 24 CFR 570.606 and shall take all actions and
measures reasonably required by the Executive Director in confection therewith. All
applicable state guidelines must also he followed.
(a) City shall not be responsible for relocating any occupants iron the
Site in connection with the Project. If required, Developer shall
have the sole and exclusive responsibility for providing relocation
assklance and paying all relocation costs required to comply with
all applicable federal and state laws, rules, and regulations_
(b) Developer acknowledges and agrees to hire a Relocation
('oncultant to provide relocation services, pursuant to the Uniform
Relocation Act and Real Property Acquisition Policies Act of 1970
(42 U&C_ 4601-4655) and its impletneming requirements at 49
CFR part 24 ("URA") and 24 CFR 570.606.
(c) The City, Developer, and Relocalion Consultant will meet
periodically during the relocation to provide updates and review
tenant files, including. at Project approval and prior to final benetit
calculalions. The Developer and Relocation Consultant shall carry
out activity in compliance with URA and the City's Acquisition
and Relocation Policy and PrOCe(lures Manual ("Manual").
(d) The Developer and Relocation Consultant shall maintain accurate
records and tiles pertaining to the temporary and penuatleut
relocation oftcnants, in accordance with URA and the City's
Manual.
(c) The Developer and Relocation Consultant shall provide all
relocation and tenant files to the City once relocation is complete
-it the Project.
1111 Reversion of Assets. Upon t}re expiration of the finding period or
sooner tcrminatio❑ of the Agrcunatt, Developer shall transter to City (a) any and all
CDIIG Funds, (b) any accounts receivable attributable to the use of CDI16 I-unds. In all
cases in which equipment acquired, in whole or in part, with lands under the Agreenrenl
is sold, the proceeds shall be program income (prorated to reflect the extent to that funds
rc::cived tmdcr the Agreement were used to acquire the cquipnrent). Equipmcnt not
needed by Developer for activities under the Agreement shall at ilic election of City
either be (a) transferred to Cit_v for the CMIG program, or (b) retained by Developer after
City Council 27 21 — 31 4/20/2021
EXHIBIT 3
compensating City an amount equal to the current fair market value of the equipment less
the percentage of non-CDBG Funds used 10 acquire the equipment_
l 1.13 Other Prot ram Requirements. Developer shalt carry out each activity in
compliance with all federal laws and regulations described in subpait K of 24 Ch R part
570, except that Developer does not assume Cily's responsibilities for environmental
rcvicw in 24 CFR 570_604 and 24 CFR 570.200, or the intergovcrimmital rcvicw process
in 24 CFR 570.612 and 24 CFR part 52.
I I J4 Procurement. Developer will comply with the procurement standards
under 2 CFR Section. 200 117-200.326. Participant shall comply with all applicable
existing and future City policies concerting the purchase of equipment.
1 1 .I 5 Request for Disbursements of Funds. Notwithstanding anything
contained in this Agreement to the contrary. Developer may not request disbursemenls of
fluids under this Agreement until the funds are needed for payment of eligible costs (such
funds ,hall be used solely towards the. acquisition and rchabilitarion of the Properry). The
amount of each request shall be limited to the amount needed.
1 I .I () Allowable Costs and Audits. Developer shall use CDBG Funds to pay
costs delined as "eligible costs" pursuant to 2 CFR part 200 — Subpart F._ Developer shall
comply with and administer the Project and Program in accordance with the requn crncnts
of 2 CI-R part 200.
11.1 7 Records kind Reports. Developer shall maintain and from time to Lime
submit to City such records, reports and infirrmation as the Executive Director may
reasonably require in order to permit City to meet the record keeping and reporting
requirements required of it pursuant to 24 CFR 570.506.
11.1 R Uniform Adnrinislrative Itcquirements, Cost I'rinciules, and Audi[
Requirements for Federal Awards. Developer shall comply with the Unitorm
Administrative Regnirentents of 24 CFR 570.502 and the requirements and standards oft
CPR part 200.
1 1. 19 Political Activity. Developer is prohibited from using CDRG Funds to
finance the use of ftcililies or equipment for polilical purposes or to engage in other
partisan political activities, such as sponsoring candidate forums, distributing brochures,
voter uarrsportation, or voterrcgistration (24 CFR 570207(a)(3).
1120 Anti -Lobbying Certification. By its execution of the Agreement,
Developer hereby certifies that:
(a) No Federal appropriated funds have been paid or will be paid, by or
on behalf of it, to any person for influcncing or attempting to
intlucnee an office' or employee of any agency, a Member of
Congress, an officer or employee ol'Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal
contract, the malting of anyFcdcral grant, ncc making ofairy Fcdcral
City Council -),� 21 — 32 4/20/2021
EXHIBIT 3
loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, atnendlnent, or modification of
any rcrle-al contract, grant, loan, or cooperative agrccnrcut.
(b) 11' any funds other than Federal appropriated funds have been paid
or will be paid to any person for influencing or attempting to
intluc ec an office' or enployce of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Mcmbcr of Congress in connection with this Fcdcral contract, grant,
loan, of cooperative agreement, it will complete and submit
Standard Foriu-LLL, "Disclosure forte to Report Lobbying," in
accordance with its instructions-
(C) It will require that the langnagc of this certification be included in
the award documents for all sub -awards at all tiers (including
subconhzicls, sub grams, and contracts cooler grauris, loans, and
cooperative agi-ecinents) and that all subrecipicnts shall certify and
disdo-w accordingly.
This ecrtification is a material representation of fact upon which reliance was
placed when this transaction was made or entered into. This certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31. U.S.C. Any
person who fails to file the required certification shall be subject to a civil penalty of not
less than S 10,000 and not more than $100,000 I'or each such lailure. At the request of City,
Dcvcloper shall execute a separate doCLnncnt that contains the cci ti t ications ,et Ibrth Au ve.
11.211 Conflict of Interest. Developer shall comply with and be hound by the
conflict of interest provisions set forth at 24 CFR 570.61 1 regarding the avoidance of
conflict of interest, as well as state regulations pcl-taining to conflict of interest, which
provisions generally include, but are nut limited to:
(a) Dcvcloper shall maintain a written code or standards ofconduct that
shall govern the performance of its officers, employees or agents
engaged in the award and administration of contracts supported by
Federal funds.
(b) No employee, officer or agent of the Developer shall participate in
the selection_, or in the award, or administration of_, a contract
supported by Fcdcral funds if a conflict of interest, real or apparent,
would be involved.
(c) No covered persons who exercise or have exercised any unctions
or responsibilities with respect to CD13G-assisted activities, or who
are in a position to participate in a decision -making process or gain
inside information with regard to such activities, may obtain a
linancial interest in any contract, or have a financial interest in any
contract, subcontract, or agrcenctu with respcct to the CDB(i-
assisted activity, or with respect to the proceeds from the CDRG-
City Council -)y 21 — 33 4/20/2021
EXHIBIT 3
business or immediate family ties, during their tenure or for a period
Of one ( I ) year thereafter_ For parposes of this paragraph, a
"covered parson" indudes any person who is an crnpluyce, agent,
consultant, officer, or elected or appointed official of the Grantee,
the Developer, or any designated public agency.
1122 Monitoring. Developer shall allow the City to conduct periodic
inspeetions of the CDBG-assisted units on the Property as required by the Program after
the date of construction completion, upon not less than seventy-two (72) hours' advance
written notice. Developer shall cure any defects or deficiencies found by the City while
conducting etch inspections within two weeks of written notice thereof, or such longer
period as is reasonable within the sole discretion of the City.
1 1.23 Recertification of Tenant Income.
(A) Developer shall take all necessary steps to review the income of all tenants
prior to renting to them, as well as reviewing current tenants on an annual basis, in
accordance with CDBG regulations and guidelines. Every filth (5"') year, Developer
shall require new original income documents to be submitted by tenants. Subject to any
restrictions imposed by TCAC, Tenants in CT)BC-assisted units whose incomes no
longer comply with federal income guidelines shall have their rents adjusted in
accordance with 11cdcral 110ME guidelines (24 CFR 92.252-92253).
(fl) CDBO-assisted unils conlinue to qualify as allordable housing despite a
temporary non-compliance caused by increases in the incomes ofexisting tenants if'
actions satisfactory to HUD arc being taken to ensure that all vacancies are filled in
accordance with this scclion until the non-wmpliattcc is eorrccud.
112d Other CDBG Program Retiuirentents_ Developer shall comply with all
Other applicable requirement, of the CDBG Program_
l 1.25 Controlling Covenants. If there is a discrepancy between State and
I-cdcral law with regard to any of the aforementioned covenants, the more stringent shall
apply.
11.26 Faith Based Activities. To the extent applicable to the Project, in
accordance with 24 CFR 5.109, Developer will comply with the restrictions oft the use of
CDBG fends for faith hosed activities as set forth in 24 CFR SJ 09_
12. MAINTENANCE, MANAGEMENT, OPERATION, PRESERVATION
AND REPAIR OF PROPERTY
12.1 Maintenance, Developer shall maintain the Property (and all abulting
grounds, sidewalks, roads, parking and landscape areas which Developer is Otherwise
required to outintain) in good condition and repair; shall operate the Property in a
businesslike manna; shall prudently preserve and protect its own as well as the Cit_y's
interests in connection with the Property; shall not commit or permit any waste or
deterioration of the Pro ierty (extent for nonnal wear and tear)- shall not abandon anv
City Council 30 21 — 34 4/20/2021
EXHIBIT 3
portion of the Property or leave the Property unguarded or unprotected; and shall not
otherwise act, or fail to act, in Such a way as to unreasonably increase the tiyl< of any
damage to the Property or of any other impair-tncnt of City's interest, under lte Loan
Documents. Without limiting the generality of the toregoing, and except as otherwise
agreed by City in writing from time to time, Developer shall promptly and faithfully
perform and observe each of the fallowing provisions!
12.1.1 Alterations and Repair. Developer shall not remove, demolish
or materially alter any lmprovement without City's prior consent, except to make non-
structural repair, which preserve or increase the Property's value, and shall promptly
restore, in a good and professional manner, any Tmprovemerrt (or other aspect or portion
of the Property) that is damaged or destroyed from any cause.
12.2 Compliance. Developer shall comply with all laws and requirements of
Governmental Authorily (including, wilhout limitation, all requirements relating to the
obtaining of Governmental Authority approvals), all Governmental Authority approvals
and all rights of third parties, relating to Dcvcloper, the Property or Developer's business
thereon.
113 Taxes and impositions_ Developer shall pay, prior to delinquency,
all ol'the following (collectively, the "Impositions"): (a) all general and special real
plupclty ta.xcs and assessments unposed on the Property; (b) all other taxes and
assessments and charges of every kind that are assessed upon the Property (or uport the
owner and/or operalor of the Properly) and [hill create or may c eale a lien upon the
Property (or upon any personal property or fixuues used in connection Willi the Properly),
including, without limitation, non-govanmcntal levies and assessntcnts pursuant to
applicable covenants, conditions or restrictions; and (c) all license lees, taxes and
assessments imposed on City (other than City's income or franchise Taxes) which are
measured by or based upon (in whole or in part) the amount of the obligations secured by
the Properly. ifpertnitted by law, Developer may pay an_v Imposition in inStallrnents
(together with any accrued interest).
12.3.1 Right to Contest. Developer shall not be required to pay any
Tmposition so long as (a) its validity is being actively conlesled in good lailh and by
appropriate proceedings, (b) Dcvcloper has dernonsu-atcd to City s reasonable satisfaclicn,
that leaving such Imposition unpaid pending the outcome of such proccedings could not
result in conveyance of the Properly in satisfaction of such Imposition or otherwise
impair City's interests under the T.onn Documents, and (c) Developer has furnished City
With a hand or other security satisfactory in an antumt not less than I OWN, of the
applicable claim (including interest and penalties).
12.3.2 Fvidence of Payment. Upon demand by City from
time to time, Developer shall deliver to Cily, wilhin ihirly (30) days Iollowing the due
date of any Tmpo olion, evidence of payment reasonably salisfhctory to Cily.
12.3.3 Books and Records. Developer shall maintain complete books of
accoum and nther records reflecting its operations (in connection with any other
businesses as well as with respect to the Property), in accordance with generally accepted
City Council 31 21 — 35 4/20/2021
EXHIBIT 3
accounting principles applied on a consistent basis or in accordance with such other
principles ill-methodsas are reasonably acceptable to City, in accordance with 2 CFR
part 200 and 24 CFR 570.5W
12.4 Proicct Operating Account. Subject to the requirements of a Senior
I.ender, Developer must promptly deposit all project income directly into a segregated
depository account established exclusively for the Project ('Project Operating Account")
Withdrawals from this account may be made only in accordance with the provisions of
this Ageement and the approved Project Budget, as it may be revised from tine to tine
with City approval. Prior to the repayment of the City/CDRG Loan in full, Developer
may make withdrawals from this account solely for the payment Ofproject expenses
(including, without limitation, funding reserves and the making of debt service
payments), project lees and permitted distributions to the partners of the Develuper.
Withdrawals from this account for other purposes may be made only with the prior
written approval of the City.
12.5 Replacement Reserve Account. Developer- roust establish or cause to be
established with JPMorgan Chase Bank. N.A., a segregated interest -bearing replacement
reserve depnsitory account ("Replacement Reserve Account") no later than the date the
JPMorgan Chase Hank, N.A. loan converts from a construction loan to a permanent loan -
Developer roust make monthly deposits horn project income into the Replacement
Reserve in dre amount 01'$500 per unit per year. Devclopct may withdraw funds lium
the Replacement Reserve Account solely to fitnd capital improvements for the Project,
such as replacing or repairing structural elements, furniture, Iixtures or equipment ol'the
Project that are reasonably required to preserve the Project- Developer may not withdraw
fitnds floor the Replacement Reserve Account for any other purpose without the prior
written approval of the City.
13. NO NDISCRIMINATIION COVENANTS
I3. I Oblination to Refrain from Discrimination. Developer covenants and
agrees that.
A. in Use of Property. There shall be no discrimination
against or segregation of any person, or group Of persons, on account of race, color,
creed, religion, scx, mental or physical disability, marital scants, national origin, or
ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the
Property, nor shall Developer or any person claiming under or through it, estahlish or
permit any such practice or practices of clisciminatiota or segregation with reference to
the selection, lucaliola, number, rue or occupancy of tenants, lesseeN, Subtenants,
sublessees, ur vendors of the Property.
H. In Affordable Housing Restrictions. 'fhe foregoing
covenant shall (a) be included in the Affordability Restrictions on Transfer of Property,
(b) run with the land, and (c) ramdin effective for the term of the Contract (for 55 years).
C. In Emolovment. In construction of the
City Council 32 21 — 36 4/20/2021
EXHIBIT 3
Property, Developer shall not discriminate against any employee or applicant because of
race, color, creed, religion, sex, marital status, mental or physical disability, national
origin, or auccsiry. Developer shall talcs aflit-rnativc action to cusurc Thal applicants are
employed, and that employees ar-c treated during employment, without regard to their
race, color, creed, religion, sex, marital status, national origin, or ancestry.
D- In all Contracts. Developer shall cause Lite foregoing
covenants to be inserted in all contracts for any work covered by this Agreement so that
such provisions will be binding upon each contractor and subcontractor for the benefit of
City, provided that the foregoing covenant shall not apply to contracts or subcontracts for
standard commercial supplies or raw materials.
14. ENVIRONMENTAL MATTERS
14.1 Iteprescntation anti Warranty, hxcept as disclosed io writing (o the
City including the environnrental site assessments prepared on behalf of Developer and
delivered to the City, Developer- has no knowledge (a) of the presence on, under or about
the Property, now or in the past, of any Hazardous Materials in violation of applicable
law, or of the transportation to or from the Property of any Iazardous Materials. (b) that
asbestos or polychlorinated biphenyls (PCT3s) are contained in or stored on the Property,
or (c) that there are any underground storage tanks located in, on or under Lite Property-
14.2 Comnliance with Fnyironnrental Laws. Developer steal I (a) comply with
all environmental laws and environnrental permits applicable to the Corrslnrclioo Or tile
Property, (b) immediately pay or cause to be paid all costs and expenses incurred by
reason of such compliance, (c) keep the Property free and clear of any environnrental
claims or liens imposed pursuatn to any environnicntal law, an(] (d) obtain and rctrcw all
environmental permits required for ownership or use of the Propert-v.
14.3 1'resence of Hazardous Materials- Developer Nhall not, and shall not
permit anyone else to, generate, use, treat, store, handle, release, or dispose of Hazatdous
Materials on the Property, Or trartsport or permit the transportation of hazardous
Materials to Or from the property except for de nrinimis quantities used at the Property io
compliance with all applicable environnrental Taws aril required in connection with the
routine umsu-uction, operdtion and maintenance of the Property-
14.4 Notice of Environmental Matters. Developer shall promptly advise City
in writing of any of tile following! (ri) any pending or threatened environnrental claim
against Developer or the Property, (b) any condition or occurrence that (i) results in
noncompliance with any applicable environmental law, (it) could reasonably be
anticipated to cause the Property to be subject to any restrictions on the ownership,
occupancy, use or, transferability of the Property node' any environmental law, or (iii)
could reasonably be anticipated to form the basis ol'an environmental claim against the
Property or Developer-
14.5 Environmental Indemnification by the Develouer. Developer agrees to
defend, indemnify and hold harmless the City and their respective officers, directors,
employees and agents (collectively the "Tndemnitees") from and against any and all
City Council 33 21 — 37 4/20/2021
EXHIBIT 3
obligations (including removal and remediation), losses, claims (including third party
claims), wits, judgments, liabilities, penalties, damages (indttdina consequential and
punitive damages), costs and expenses (including, wnsultanti, and atLontcys' fees) of
whatever kind or nature whatsoever that may at any time be incurred by, imposed on, Or
as against the Indemnitees directly or indirectly based on, or arising or resulting
from Lhe actual or alleged presence of Hazardous Materials on [lie Property oilier than
arisinu from the gross negligenec, willful misconduct and/or illegal actions of any
htdcnuti[cc-
I S. OTHER AFFIRMATIVE, COVENANTS
While any obligation of Developer Luider the City Loan Note or City Deed of
Trust runain outstanding, the following provisions shall apply, except to the extent that
1',xee1,1tiVe Dit-CCtOr OthCl-WiSC COnSCWS in Writi nf)
15-1 Existence. Developer's Managing General Partner shall maintain its
cxisicnec in good standing trader thclaws ofthe State of California, and Developer shall
Provide documentalion of such status annually to the City.
152 Protection of Lien. Developer shall maintain the lien of the City Deed of
Trust, during construction and lease -up as a valid second priority, and during the
pertnanetu phase offhc Project as a valid third priority, deed oftrust Oil the Property and
take all actions, and execute and deliver to City all documents, reasonably required by
Cily from Linre to Lime in conneclion lherewilli.
1'53 Notice of Certain Matters. Developer shall give notice to City, within icn
(10) days of Developer's learning thereof, of each of the following:
(a) any filed litigation or claim affecting or relating to the
Property and involving an anu>uni in excess of $5,000; and any litigation or claim that
might subject Developer or any general partner to liability in excess of S5,000, whether
covered by insurance of iiot;
(h) any material dispule between Developer and a
Govenuncnnal Authority relating to Lhc Property, the adverse dctcnninaLion of which
might materially atfect the Property;
(c) any change in Developer's principal place of hnsiness;
(d) any aspect of the improvements that is not in
substantial conformity with the plans or code;
(e) any F:venl of Delault or event which, wilh the giving of
notice or the passage of Lime or both, would constitute an Event of Defiutlt;
(1) an,, material default by Developer or any other party under
any Senior Loan document, or the receipt by Developer of any notice of default under
any Senior Loan document
City Council 34 21 — 38 4/20/2021
EXHIBIT 3
(g) the creation or imposition ofany mechanics' or
maleiahnans' liar or other lion against the Property which might materially akect the
property; and/or
(h) any material adverse change in the lnancial condition of
Dcvclopc -
15.4 Further Assurances. Developer shall execute and acknowledge (or cause
to be executed and acknowledged) and deliver to City all dnCLLrnentS, and take all actions,
reasonably required by City from time to time to confirm the rights Created or now or
herealier intended to be created under the Loan Ductunettt_,; to protect and further die
validity, priority and enforceability of the City Deed of Trust; to subject to the Deed of
'I 'rust any property intended by the terms ofany I -can Document(s) to be covered by the
City Deed of Trust or otherwise to cant' nut the purposes of the I gran Documents and the
transactions contemplated thereunder- Notwithstanding anything to the contrary set forth
herein, die Dcvcluper shall have. no Obligation to cxcctuc any doctunent, or take any
action, which would (i) change a material term of any Loan Document, (ii) change or
impair any material right of Developer and/or (iii) increase the liability of Developer or
any partner thereof
15.5 Annual Financial Statements. Dcvcluper shall deliver to City, within
one hundred twenty (1?0) days atta.the end of each Calendar Year following issuance of
a Certilicate of Completion, (a) it cerlilled public accountant reviewed balance sheet Ior
Developer as oI'the end of'such Calendar Year and a certified public acanuttant reviewed
statement of profit and loss forDevcloper and for Developer's operations in connection
with the Property for such Calendar Year, together with all supporting schedules, (b) a
certificate of such certified public accountant that such doatnrents were reviewed by such
certified public accountant in accordance with generally accepted accounting principles
and otherwise comply with generally accepted accounting principles review
requirements, and (c) a certificate of Developers Managing General Partner that such
documents: (i) were prepared in accordance with generally accepted accounting
principles applied on a consistent basis or in accordance with such other principles or
methods as are reasonably acceplable to City, (it) fairly present Developer's financial
condition, (in) Show all material liabilities, direct and contingent, and (iv) fairly present
the results of Developer's operations. Developer shall also provide the City with any
otter annual audit reports i sued by other monitoring agencies upon written request.
15-6 Audits and Access to Records_ Developer agrees that City, the U-S-
Departrnent of Housing and Urban Development, the Cornpu-oller General of the United
States or any of their authorized representatives shall have the right of access, upon
reasonable notice, to any books, documents, papers, Or other records of Developer which
are pertinent to this Agreement in order to make audils, examinations, absLraclS, expel"ply
or transCipts- Developer will maintain all books and records pertaining to this Agreement
fee it period of not less than five (5) year,,, after all matters pertaining to this Agreement
(i.e., audit, disputes or litigation) are resolved in accordance with applicable federal or
state laws, regulations or policies, and when a period of affordability or recapture applies
City Council 35 21 — 39 4/20/2021
EXHIBIT 3
to Developer's activities, for a period of not less than five (5) years after the affordability
period ends.
16. OTHER COVENANTS
While any obligation ol'Developer under the Cily Note or Cily Deed of'Trusl
remain outstanding, thee following provisions shall apply, except to the extent that
Executive Director otherwise consents in writing:
101 Default (in Senior Loan. Developer shall not default on any of the
Senior Loan documents, provided however, that Developer shall have Such period as is
provided in the Senior Loan Documents dtuing which to effectuate a ctue.
16.2 Sale or Lease of Property. Unless and until Developer has reecivccl a
Certilicate ol'Complelion for the conslruclion from City, Developer shall not sell, lease,
sublease or otherwise transfer all or any part of the Property or any interest therein
without the prior written consent of the. Executive Director, which consent may be
withheld in the Executive Director's reasonable discretion. In connection with the
foregoing consent re(iuirements, Developer acknowledges that City relied upon
Developer's particular expertise in entering into this Agreement and continues to rely on
Such expertise to ensure the satisfactory completion ol`Ihe constntction-
Notwithstanding anything to the contrary contained herein, a "transfer" shall not
include (i) a transfer of any general partner's interest in Developer when shade in
connection with the exercise by the Developer's limited partner (the "Limited Paruher")
of its rights upon a default by it general parincr tinder the Developer's Paronctship
Agreement or upon a general partner's withdrawal in violation of the Partnership
Agreement, so long as the removal and substitution of the defaulting general partner is
made within thirty (30) days of such default or, if such removal and suhstitution cannot
reasonably be completed within thirty (30) days, so long as the Limited farmer
commence, to take action to remove and substitute the general partner with a reasonable
period and thereafter diligently piocccds to complete such Substitution; (it) ally tranSfet' Ot
the Property to the managing general partner of Developer pursuant to the right of first
refusal or to the general partners of Developerpursuanl to the purchase option, as
provided &n- in the Partnership Ag-ccrment; (in) any transfer of the Limited Partncl's
interest in accordance with the Partnership Agrectttcrlt; and (iv) any sale, transfer orother
disposition of an interest in a limited partner of the Developer.
IT CLUT1FICAUFOFCONIPLEPION
Upon satisfactory completion of the construction and upon the rcquc,t of
Developer, or at its own election, the City of Santa Ana shall issue a Certificate of
Completion. Such Cerlificale of Conhplelion shall be, and shall so stale, conclusive
determination ofsalisftCttny an»pletion of the construction -
If City declines to furnish a Certificate of Completion alicr writtern request front
Developer, the Executive Director shall- within thirty (30) days after receipt of the
request, provide Developer with a written statement of the reasons therefore- The
City Council 36 21 — 40 4/20/2021
EXHIBIT 3
statement shall amtain a description of the action Developer must talce to obtain a
Certificate of Completion. if the reason therefore is that the Developer has not completed
a minur portion of the Construction, City tnay, in its reasonable discrctiun, i_suc the
Certificate of Completion upon the posting with City of a bond or other torm of security
acceptable to the Executive Director in the amount of the fair value of the uncompleted
work -
A Certificate of Completion is not evidence of compliance with or satisfaclioil of
the Loan Documents or any obligation of Developer to any other party whatsoever,
including any holder of a mortgage or deed of must- A Certificate of Completion is riot
"notice of completirnn" referred to in Section 9192 of the Cali fomia Civil Code-
1 8. INDEMNIFICATION
1 tt,1 Nonliability, of City. Developer acknowledges and agrees lhal:
(a) The relationship between Developer and City is and
shall remain solely thal ofborrower and lender, City neither undertakes nor assutrles any
responsibility to review, inspect, supervise, approve (outer Than for aesthetics) or inform
Developer of any matter in connection with the construction, including matters rehiring
to: (i) the performance ol' the alnsu-uction work, (ii) architects, corurac.tors,
subcotivactuiss and matciialtncn, ur the wurlernanship ul' ur ruaterials used by any of them,
or (iii) the progress of the construction; and Developer shall rely entirely on its own
judgment with respect to such matlei-s and acknowledges that any review, inspection,
supervision, approval or infilrnation supplied to Developer by City in connection with
such rnattas is solely for the protection of City and that neither Developer nor any third
patty is cluillcd to rely oil w
(h) Notwithstanding any other provision of any Loan Document (i)
the City is not a partner, joint venture, alter -ego, manager, controlling person or other
business associate or participant of any kind of Developer and City does not intend to
ever assume any such stanis; (ii) Cit-v's activities in connection with the Loan(s) shall not
be "outside the scope of the activities ofa lender of nnoncy" within the meaning of
California Civil Code Section 3434, as modified or recodified Boni tinge to lime, and City
does not inland to CVCi-assume any responsibility to any person for the quality or satcty
of the Property; and (iii) City shall not he deemed responsible tiir or a participaru in ally
acts, omissions or decisions of Developer;
(c) City shall not be directly or indirectly liable or responsible for any
loss or injury of any kind to any person or property restdling from any eonst-uctiun on, or
occupancy or use of, the Property, whether arising, tium: (i) any dcta:t in any building,
grading, landscaping or other onsite or ottsite improvement; (ii) any act or omission of
Developer or any of Developer's agents, employees, independent contractors, licensees
or invitees, or (iii) any accident un the Property or any fire or other casualty or hazard
thctcon:and
(d) By accepting or approving, anything required to be performed or
given to City under the Loan Docunents, including any certificate, financial statement,
City Council 37 21 — 41 4/20/2021
EXHIBIT 3
survey, appraisal or insurance policy, City shall not he deemed to have warranted or
represented the sufficiency or legal elect of the samre, and no such acceptance or
approval shall constitute it warranty or representation by City to anyone.
18.2 Indemnity. Developer shall defend (by counsel reasonably satisfactory
to City), indemnify and save and hold harmless the Tndernmiees from and against all
claims, damages, demands, actions, losses, liabilities, costs and expenses (including,
without limitation, reasonable attorneys' fees and court costs) arising from or relating to
(i) a breach of this Agreement by Developer; (ii) the making of the Loan(s), (iii) a claim,
demand or cause of action that any person has or asserts against Developer; (iv) any act
or omission of Developer, any contractor, subconu-actor ormaterial supplier, engineer,
architect or other person with respect to the Property; or (vi) the ownership, occttpane_y or
use of the Property. Notwithstanding the turegoing, Developer ;hall not be obligated to
indemnify City with respect to the Consequences of any act of i Ilcgal Conduct, gross
negligrence or willful misconduct of City. Developer's obligations under this Section shall
survive the cancellation of the City Loan Note, release and recom eyance of the City
Dccd of Trust, issuancc of the Certificate of Completion, and termination of this
Agreement.
1911 Notwithstanding the foregoing, neither Developer, nor any of its
partners, shall be personally liable Ibr an_v indemnilication
Obligation heeuule which would result a, the repayment of
principal and/or interest under the Loan.
1 R_3 Reimbursement of City. Developer shall reimburse City PrornptlY upon
written demand for all costs reasonably incurred by City (including the reasonable fees
and expenses of attorneys, accountants, appraisers and other consultants, whether the
same are independent contractors or employees of City) in connection with the
enforcement of the Loan Documents and all related matters including all claims,
demands, causes of action, liabilities, losses, commissions and other costs against which
City is indemnified under the Loan Document,. Such reimbursement obligation, shall
bear interest at the maximnm rate allowed by law from the date occurring twenty (20)
days after City gives written demand to Oevcloper and shall be secured by the City Deed
ol'Trust. Such reimbursement obligations shall survive the cancellation of the Loan Note,
release and reconvcyanec of the City Deed of Trust, issuance of a Certificate of
Completion, and termination of this Agreemcnt.
19. iNSi1RANCT, CASi1Ai,TV AND Ct)NbTMN.%TioN
19.1 Policies Reuuired. While any obligation ol'Developer under the Loan
Documents remains otrtstanding, Dcvclopca shall maintain at Developer's sole cxpcusc,
with insurers either (i) admitted in California or (ii) are not admitted to California but
have an A.M. Hest hating of "A" or above and reasonably approved by the City, the
f011owing Policies of insurance in form and substance reasonably satisfactory to the City
Attorney:
(a) worker-s compensation insurance and any other insurance reqrired
'ly law in connection with the construction;
City Council 38 21 — 42 4/20/2021
EXHIBIT 3
(b) prior to commencement and lollowing completion of the
conr;tructiou, In-c and hazard "all risk" insurance covering 100%Z of the replacanent cost
of the lmproveincnts in the event offre, lightning, windstorm, vandalism, malicious
mischief and all other risks normally covered by "all risk" coverage policies in the area
where the Property is located (including loss by flood ifthe Property is in an area
designated as subject to the danger of flood);
(c) upon conunencement of the construction and at all times prior to
completion of the construction, huilder's risk -all risk insurance covering 100'Xo of the
replacement cost of all Tmprovenlents (including offsite materials) during the course of
eonsuuetion in the event Of fire, lightning, Aindstol7n, vandalism, earthquake, malicious
mischief and all other risks normally covered by "all risk" coverage policies in the area
where the Property is located (including loss by flood if the Property is in an area
designated as subject to the danger of flood);
(dl public liability insurance in the amount of $1,000,000 fm- "single
occuIrence'%
(e) property damage insurance in amounts reasonably
required by City front time to time, and in no event less than $1,000,000, and
(t) any other insurance reasonably required by City.
All such insurance shall provide that it may not be canceled or materially nodified
without thirty (30) days (ten (10) days for nonpayment ofprcmium) prior written notice.
to City. The policies required under subparagraphs (b) and (e) shall include a "lender's
loss payable endorsement" in form and substance satisfactory to City, showing the City
as encumbrance. The City shall be named as an additional insured(s) in the policies
required under subparagraphs (d) and (e) with primary coverage. Certificates of insurance
fur the above policies (and/or original policies, ifrequired by City) shall be delivered
within ten (t 0) days after demand therctoi c, and prior to ,tart of any cousnvuion work.
All politics insuring against damage to the Improvements shall contain an agreed value
clause sufficient to eliminale any risk ofco-insurance. No less than ten (10) days prior to
the cXpiration of each policy, Developer shall deliver to City evidence of renewal or
replacement of sueh policy reasonably satisfactory to City Attorney_
192 RESERVED_
193 Claims and Procceditt2s. Developer shall give City
invncdiatc notice of any material casualty to any portion of the Property, whether tit not
covered by insurance, and of the initiation or threatened initiation of any proceeding for
the condemnation or other faking for public or quasi -public use ol'any portion of the
Property (collectively, "Condemnation"), and shall provide City with copies of all
documents which pertain to any such casualty or Condemnation. Developer shall take all
action reasonably required b_y City in connection therewith to protect the interests of
Developer and/or City, and City shall be entitled (without regard to the adequacy of its
security) to narticinate in any action_ claim_ adiustment or oroceedini and to be
City Council 39 21 — 43 4/20/2021
EXHIBIT 3
represented therein by counsel of its choice- Developer shall not settle, adjust, or
compromise any claim, action, adjustment or proceeding without poor wtiLLe» approval,
which approval shall not be unreasonably withheld or delayed.
19.4 Dclivery of Proceeds to Citv. In the event that.
nolwilhslanding the "lender's loss payable endorsement" requirement set forth above, the
proceeds from any casually insurance is in excess ol'S500,000, Developer shall, subject
to any superior rights of a Senior Lender, deliver such proceeds to the City promptly
upon receipt.
19-5 Anulication of Casualty insurance Proceeds. Subject Lo the
rights of a Senior Lender, any proceeds collected (the "Proceeds") under any casualty
insurance policy desenbcd in this Agrcetncut shall be disbursal to Developer as pruvided
below, but only upon htlfillincm of each of the following conditions (the "Restoration
Conditions") within ninety (90) days (unless extended by nnrival agreement of Developer
and City) following the Occurrence of the damage for which the Proceeds are collected_
(a) Developer shall demonstrate to City's reasonable
satisfaction that the Proceeds (together with amounts deposited by Developer pursuant to
subparagraph (b)) will he adequate to repair the hnprovements and to restore the fair
rnarkeL value ol'the Property, within two years (or such longer Lime period reasonably
dcicrutincd by City), to at least the value it had immediately prior to sustaining dtc
damage. Such demonstration shall include delivery to City of (i) plans and specitications
reasonably satislaclory to Cily, and (ii) a construction conuact in loan and content, and
with it contractor, reasonably satisfactory to City-
(b) To the extent that the Proceeds arc insufficient to
accomplish the restoration required above, Developer shall deliver to City (the "Shortfall
Funds") in the amount of such shortfall, which fund; shall he assigned to City as security
for Developer's obligation hereunder and held and disbursed in the same manner as the
Proceeds.
(c) Developer shall execute such documents as City reasonably
requires to evidence and secure Developer's obligation to use all amounts disbursed liar
the diligent restoration of the PrOpca-Ly-
(d) No Lvent of Default shall remain uncured.
19-6 Method of Disbursement and Undishursed Funds.
Any Proceed, and Shortfall Funds to be cliNbursed to Developer shall be held by City and
disbursed in atccurdancc with that customary disbttrscncrtt procedures and related
provisions. Any amounts remaining undisbursed tollowing completion ofsuch restoration
shell be returned to Developer up to the amount of any Shortfall Funds deposited by
Developer, and any Other amuunLs remaining shall either he paid to Developer or applied
t)v City against any Obligations to City that are secured by it lien orr the Property, as the-v
elect in their sole and absolute discretion.
19-7 Failure to Satisfy Conditions_ Tn the event that Developer
City Council 40 21 — 44 4/20/2021
EXHIBIT 3
fails to fulfill the Restoration Conditions within ninety (90) days (unless extended
pursuant to Section I9.5) following the date on which the damage occurs, Lite Proceeds
~hall be applied by City against any obligations to City that arc secured by a lien un the
Property, and the selection of which such obligations to apply the Proceeds against shall
be made by City in their sole and absolute discretion, subject to the rights of a Senior
Lender-
19.8 Reserved.
19-9 Condemnation: Treatment of Compensation. Subject to any
superior tights of a Senior Lender, Developer hereby assigns to the City, as security for
all obligations to City secured by a lien on the Property, all atnotmts payable to
Developer in curmection with any Condemnation, and any prucceds of any rcla[ed
settlement (collectively, "Compensation"). Subject to any superior rights of a Scnior
Lender, Developer shall deliver such remaining Compensation to City promptly upon
receipt- if the taking results in a loss of the Property to an extent that, in the reasonable
opinion of City, renders or is likely to render [lie Property not ceonoolically viable or if,
in City's reasonable judgment Developer's security is otherwise impaired, City may
apply the Compensation received due to judgment or settlement in connection with any
condentnatinn or other taking to reduce the tutpaid obligations secured in such order as
City may determine, and without any adj«stnient in the arrrotmt or clue dates ol'payrnenls
due under the Note. If su applied, any award in excess of dre unpaid balance of the Note
anti other sums dire to City shall be paid to Developer or Developer's assignee. City shall
have no obligation to take any action io connection with any actual or threatened
condenlnatinn or wherproceeding
-
19.9.1 Notwithstanding the foregoing, as long as the value of
City's liens are not impaired, any condemnation proceeds may be used by the Borrower
for repair and/or restoration of the Project-
19.10 Waiver of Suhronation. Developer hereby waives all rights to
rep over against the City (Orally officer, employee, agent or represelttalive of the City) for
any loss incurred by Dcvcloper from any cause insured against or required by any Loan
Document, to be insured against; provided, however, that this waiver of subrogation shall
not be effective with respecl to any insurance policy if the coverage thereunder would be
materially reduced or impaired as a result. Developer shall use ils best efforts to obtain
only policies which permit the foregoing waiver of subrogation.
20- DLFAU1,FSANI)12EMEMES
'0.1 Events of Default. The occurrence of any of [hc tbllowing, whatever the
reason therefore, shall coostinrtc an F.vent of Default by Dcvcloper:
(a) Developer flits to make any payment of principal or
interest wtdcr the. City Loan Note when due, and such failure is not cared within fifteen
(15) Business Days alter Developer's receipt of written notice that such paytncm was not
received when due;
City Council 41 21 — 45 4/20/2021
EXHIBIT 3
(h) Developer fails to perform any other obligation for the
payment ol'inoney under any Loan Document, and such failure is not cured within fifteen
(15) Business Days alto- Developer's receipt of wtiucn notice that such obligation was
not performed when due;
(c) Developer fails to perform any obligation (other than I.he
obligations described in subparagraphs (a) and (b) above under any Loan DOCntnenl, and
such failure is not cured within thirty (30) days after Developer's receipt of written notice
that such obligation was not performed; provided that, if cure cannot reasonably be
effected within such thirty (30)-day period, such failure shall not be an Event of Default
so long as Developer (in any event, within ten (10) days after receipt of such notice)
commence, to cure, and thereafter diligently (in any event within ninety (90) days after
receipt of such notice) prosecutes such cure to completion;
(d) Any representalion orwarranly in any boar Dotumenlproves to
have been incorrect in any material respect when made;
(c) Reserved:
(f) Work on the construction ceases for ninety (90) consecutive days
for any reason (other than governmental orders, decrees or reDllatior)s,
acts of Gud ur any utltcr deity, su ikcs ur utltcr causes bcyund Dcvcluper's
reasonable control), provided that the same (lo not, in the aggregate and in
the City',., reasonable judgmenl, threaten to delay the completion ol'the
construction beyond the required completion date set forth in this
Agrccmcnt;
(g) Developer is enjoined or otherwise prohibited by any
( iovernmental Authority from constructing and/or occupying the improvements and such
inil.010011 to prohibiliorr l V1n 11LICS unSLayed for ninety (90) days Ornn(u-e for any reason,
(h) Dcvelirper is dissolved, liquidated or terminated, or all ur
substantial ly al I of the assets of Developer are sold or othawisc transferred without the
Faeculive Director's prior wrilien consent; or
(1) Developer is the, subject of in order fi i relief by a bankruptcy
court, or is unable or admits its inability to pay its debts as they mature, or makes an
assignment for the henefit of creditors; or Developer applies for or consents to the
appointment of any receiver, trustee, custodian, conservator, liquidator, rehabilitator or
similar officer for it or any part of its property; or any receiver, trustee, custodian,
conservator, liquidator, rehabilitator or similar officer is appointed without the
application or consent of Developer and the appointment continues undischarged or
unstayed for ninety (90) days; or Developer inslitules or consents to any bankruptcy,
insolvency, reorganization, arrangement, readjustment ofdebt, dissolution, custodianship,
conscrvaturslrip, liquidation, rehabilitation or similar proceeding relating to it or anv part
of its property; or any similar proceeding is instituted without the consent of Developer
and continues undismissed or unstayed for ninety (90) days; or any judgment, writ.
warrant of attachment or execution_ or similar nrocess is issued or levied against anv
City Council 42 21 — 46 4/20/2021
EXHIBIT 3
property of Developer and is not released, vacated or fully bonded within ninety (90)
days afierit, issue or levy.
0) Any of Senior Loan documents is attended, -Supplemented or
otherwise modified without City's prior written consent, which consent shall not be
unreasonably withheld, to the extent the City's consent is required pursuant to any
subordination agrccrnarl bclwccn the City and a Senior Lcndcr-
20.2 Remedies Unon Default. Upon the occurrence and during the
continuance of any Event of Default, City may, at its option and in its ahsolute discretion,
do any or all of the following:
(a) By written notice to Developer, declare the principal of all
amounts owing under the Loan Documents, together with al I accrued intcrest and other
amounts owing in connection iherewilh, to be immedialely due and payable, regardless of
any other specified due date; provided that any Event of Default described in Section
20.1 ;hall automatically, without notice or other action on Cat}%s part, cause all such
antoums to be immediately duc and payable;
(h) Tn its own right or by a court -appointed receiver, take
possession ol'the Property, enter into corm -acts I'orand otherwise proceed with the
cortrpletion of the consts action by expenditure of its own funds;
(o) Exercise any of ils rights under the I-oan Documents and any rights
provided by law, including, without limitation, the right to seek specific perfirrmance and
the right to forCCIOSC on any security and exercise any othn- rights with respect to any
security, all in such order and manner as City elects in its sole and absolute discretion;
and,
(d) Suspend or lenninate the award of CDBG funds if Developer fails
to comply with any term of that award.
20.3 Cumulative Remedies: No Waiver. City's rights and remedies under the
Than Documents are cumulative and in addilion to all rights and remedies provided by
law. The exercise by City of any right or remedy shall not constitute a etu-c or waives- of
any dctattlt, nor invalidate any notice. of default or any aet done pursuant to any such
notice, nor prejudice the City in the exercise of any other right or remedy. No waiver of
any default shall he implied front any omission by City to take action nn account of such
default if such default persists or is repeated. No waiver of any default shall affect any
default other than the default expressly waived, and any such waiver shall be operative
only for the time anti to the extent stated. No waiver of any provision of any Loan
Document shall be construed as a waiver of any subsequent breach of the same provision.
City's Consent to or approval ofany act by Developer requiring lur(her consent (it -
approval shall not be deemed to waive or render unnecessary City's consent to or
approval of any subsegttent act. The City's acceptance of the late performance of any
obligation shall not constilutc a waiver by City of the right to require prompt perlormanec
of all further obligations; City's acceptance of any performance following the sending or
filinw of anv notice of default shall not constitute a waiver of either nartv's right to
City Council 43 21 — 47 4/20/2021
EXHIBIT 3
proceed with the exercise of its remedies for any unfulfilled obligations; and City's
acceptance ofany partial perlbrinance shall not constitute a waiver by City of any tights.
20.4 Nonrecourse Liabilitv. Neither Developer, tior any partner of Developer,
shall have any personal liability under this Agreement, orthe attached Note and Deed of
Trust, and any judgment, decree or order lit- the payment of money obtained in any action to
enlirrec the obligation ohDevcloper to repay the loan evidenced by such dOCLrtuents shall be
enforceable. against Developer only to the extent of Developer's interest in the Property.
20.5 Limited Partner Right to Cure. Notwithstanding anything to the
contrary herein, City shall provide Developer's limited partner with a copy of any notice
of detaudt delivered to Developer heretmder, and acknowledge; and agree, that
Developers limited partner shall have a right to cure any such detault on the same basis
as I;orrowcr.
21 _ MISCELLANEOUS
21.1 Obligations Unconditional and Independent. Notwithstanding the
existence at any time of any Obligation or liability of City to Developer, or any other
claim by Developer against City, in connection with the Loan or otherwise, Developer
hereby waive, any right it might otherwise have (a) to olTset any such obligation, liability
or claim against Dcvcluper', obligations under the Loan DU(alirtenh, ur (b) to claim that
the existence ofanv such outstanding obligation, Iiabilityor claim excuses the
nonperformance by Developer of any of ils obligations under the Loan Documents.
212 Notices. All notices, demands, approvals and other Collin lull ications
provided for in the Loan Docutents shall be in writing and be delivered to the
apprOpriate party by personal service or certified U.S. mail at its address as follows:
If to Developer: North Harbor Housing Paruters IT
c/o Jamboree Housing Colporation
17701 Cowan Avenue, Suite 200
Irvine, CA 92614
Attn: John Wilkowski
Willi a copy to: Rutan & Tucker, LLP
18575 Jamboree Road, 9"' floor
Twine, CA 92612
Attn: Patrick 1). McCalla
And a copy tu: Rcd Stone Equity
2020 CA Regional fund, I P.
1100 Superior Boulevard, Suile 1640
Cleveland, OH 44114
Attention: General Counsel_
if TO City: City Of Santa Ana
Executive Director (('DA)
City Council 44 21 — 48 4/20/2021
EXHIBIT 3
20 ('iviC Center Plaza (M-26)
P .0. Box 1989
Santa Ana, Califurnia 92702
With a copy to. City Attorney
Cily of Santa Ana
20 Civic CartcrPlaza, 7th Floor (M-29)
Santa Ana, California 92702
Addresses for notice may he chanted as required by written notice to all other parties.
All notices personally served shall be effective when actually received_ All notices
mailed ;hall be effective duce (3) days alter deposit in the U.S. Mail, postage prepaid.
The foregoing notwithstanding, the rlorl-receipt of any notice as the result of a change of
address of which the sending party was not notified or as the result of a refusal to accept
delivery shall he deemed receipt of such notice.
213 Survival of Representations and Warranties. All wprescrtatiorrs and
warranties in the Loan Documents shall survive the making of the Loan described herein
and have been or will be relied on by City notwithstanding any investigation made by
either party.
21.4 No Third Parties Benefited. This Agrccrnu t is made fur ilrc purpusc of
setting forth rights and obligations of Developer and the City, and no other person shall
have any rights hereunder or by reason hereol.
21.5 Binding Effect, Assignment of Obligations. This Agreement shall bind,
and shall inure w the benefit of. Developer and City and their respective 3uCCCSSOr9 and
assigns.
"1.6 Prior ALi,ecmCnts. Atucndtncnts; Consents. This Agreement (together
with the other Loan Documems) contains the entire agreement between the City and
Developer with respect to the Loan and the Property, and all prior negotiatiolls,
ttndcrstandings and agreements arc superseded by this Agreement and such other Loan
Documents. No modificalion ofany Loan Document (including waivers ol'righ(s and
conditions) shall be Ctfbctive unless in writing and siglicd by the party against whom
cntincctncnt Of sttCh modification is sought, and then only in the specific instanec and for
the specific purpose given.
21.7 Governing Law. All of the Loan Documents shall he governed by, and
con hued and enforced in accordance with, the laws ul'the State of California and
Fedu'al law, whichever is more sts'ingent. Developer irrevocably and uticonditiunatlly
submits to the jurisdiction of the Superior Court of the State of California for the County
of Orange or Lhe United Stales District Court of the Central District of C'alilornia, as City
may deem appropriate, in connection with any legal action or proceeding arising out of or
relating to tlris Agrcanent or the Loan Documents. Assuming proper service of process,
Developer also waives any objection regarding personal or in rein jurisdiction or venue.
City Council 45 21 — 49 4/20/2021
EXHIBIT 3
21.S Severahility of Provisions. No provision of any Loan Document that is
held to he unenforceable or invalid shall affect the rernaining provisions, and to this end
all provision:, of the Loan Documents arc hereby declared to be severable.
21.9 Headings. Article and section headings are included in the Loan
Documents for convenience ofreference only and shall not be used in conshuim, the
Loan Documents.
21.10 Conflicts. In the event of any conflict between the provisions of this
Agreement and those of any other Loan DOCtmnent, this Agreement, unless otherwise
expressly provided, shall prevail-, provided however that, with respect to any matter
addressed in both such dOt anents, the fact that one doctmlent provide, lur greater, lesser
or difi'erent rights or obligations than the other shall not be deemed a conflict unless the
applicable provisions are inconsistent and could not be simultaneously enforced or
perlornred.
21.1 1 Time of the Essence. Titnc is of the essence under this Agreement and in
the performance of every term, covenant, and obligation contained herein.
21.12 Conflict of interest. No member, official or employee of the City shall
lra ve any direct or indirect interest in this Agreement, nor participate in any decision
relating to the Agreement which is prohibited by law.
21.13 Warranty Against Payment of Consideration. Developer warrants thal
it has not paid or given, and will not pay or give, any third person any money or other
consideration for obtaining this Agreement.
21.14 Nonlfability of Citv Officials and Lntnloyees. No member, official or
employee of City shall be personally liable to Developer, or any successor in interest, in
the event Of any default Or breach by City or for any amount which may become due to
Developer or successor, or ou any obligation under the terms of this Agreement.
21 .1 5 Plans and Data. As additional collateral for the Loan, Developer hereby
grants to the Cily a security inleresl in all plans and dala concerning the Property, subject
to the tights of any Senior Lender. Such right of City shall be std�ject to any right of the
preparcr of the plans to their use.
21 J 6 Authority to Enter Agreement. Fach undersigned represents and warrants
that its siunature hereinbelow has the power, authority Laid right to hind their respective
parties to each of the terns of this Agreement, and slhall indemnify the City Ildly, including
reasonable costs and attorneys fees, fur any injuries or dannagcs to Ciry in the event that the
signatory had actttal knowledge that such authority or power was not, in fact, held by the
signatory or Thal ii would be imminently withdrawn.
City Council 46 21 — 50 4/20/2021
EXHIBIT 3
IN WITNESS WHEREOF, the parties hereto have caused this Agi-eement to be executed
on the date act Ibrih at the beginning of this Agrccutent.
DEVELOPER
NORTH HARBOR HOUSING PARTNERS LP.
a California limited partnership
By: TTTC:-North Harbor LLC,
a California limited liability company,
Managing General Partner
Ily: Jamboree Housing Corporation,
a California nonprofit public benefit corporation,
Mana u er
By:
Name:
Title:
Acknowledged:
Tung Tran, Senior Director
Jamboree Housing Corporation
4/12/2021
City Council 47 21 — 51 4/20/2021
EXHIBIT 3
ATTEST:
CTTY OF SANTA ANA
Daisy Gomez Kristine Ridge
Clerk of the Council City Manager
Dated: Dated:
APPROVED AS TO FORM:
SONTA R. CARVALHO, City Attomey
� I
I
�I
By:
Ry.srx O. ~dodge
Assistant City Attorney
Dated: April 12, 2021
RI:COMMI Nnlin FOR APPROVAL:
Steven A. Mendoza
Executive Director
Community Development Agency
City Council 48 21 — 52 4/20/2021
EXHIBIT 3
EXHIBITS
Legal Description
Scope (it Wink
Project Budget
City/CDR(T Loan Deed ol'Trust
City/C`DRCi Loan Notc
Affordability Restrictions on Transfer of Property
City Council 49 21 — 53 4/20/2021
EXHIBIT 3
Exhibit A:
Legal Description
City Council 21 — 54 4/20/2021
EXHIBIT 3
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
That certain real property situated in the City of Santa Ana, County of Orange, State of California,
more particularly described as follows:
THE SOUTH 135 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 10 WEST,
SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF ORANGE, STATE OF
CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.
EXCEPT THE WEST 20 FEET THEREOF.
APN. 198-011-05
City Council 21 — 55 4/20/2021
EXHIBIT 3
Exhibit Be.
Scope of Work
City Council 21 — 56 4/20/2021
EXHIBIT 3
North Harbor Village (Budget Inn)
Scone of Work
03-23-2021
Site
• Update parking lot per plan with new curb, gutters, drainage, asphalt paving
• Path of travel upgrades
• New landscaping
• New half size basketball court
• New trash enclosures
• New community garden, BBQ area, dog park, fitness equipment
• Add security gate to parking area
• Site demolition (ex. Pool area), abatement, new driveway
Structure Frames and Envelopes
• Replace apartment building fascia fronting N. Harbor.
• Rehab leasing office spaces
• Repair Doors and Frame as needed
• Upgrade south facing exterior elevation.
• Paint mansard roof materials.
• Assume existing windows to remain
• Solar PV
New Community Building
• A 4,497 sf community building with dedicated service and amenity spaces for
residents include the following: counseling rooms for individual meetings, a small
group counseling room, a computer room, a community kitchen, and a multi-
purpose room for group meetings and activities, lounge area for residents, and
offices for services staff.
Mechanlcal/Electrlcal/Plumbing for New Community Bullding
• New community kitchen and bath GFCI
• New interior stair and elevator
• New accordion glass door open to exterior space
• New partition wall separating community kitchen and multipurpose room
• New heating and cooling equipment
• New restroom exhaust fans
• Assume all utilities connections to existing building master meters.
City Council 21 — 57 4/20/2021
EXHIBIT 3
ADA Compliance
• Upgrades for hearing impaired units (4% of 89 units) — 4 Units
• Upgrades for mobility units (5% of 89 units) — 5 Units. TCAC approved waiver
request reducing from 10% to 5%.
PNA Report date 5/15/2020 with both Long Term Work and Short Term Work and Rehab Repairs
are included and will be completed during construction.
City Council 21 — 58 4/20/2021
EXHIBIT 3
North Harbor Village — Unit Scope
Unit Demolition/Remodel—Building A( No cxish fig KILCIIC flu L Lcs) Building S (ExisLing KILChcnullus)
Demolition
• Demo Flooring
• Demo Entry Door, Frame and Hardwire
• Demo Window
• Oofno Existing KiLcheneues (Building B)
• Demo VanlLy and Sink
• Demo Plumbing Fixtures, Sink, Tub/Shower as required
• Demo Interior Wall & Vanity and Tub/Shower
• Demo Interior Bathroom Walls ((A-101-1 OF, 201-206, 301-306)(R-1 IS- 12$, 220-230, 322-333)
• Patch and Repair existing drywall to receive new texture
n Will Bid Allernale to Overlap exislinp, drywall wilt New %" Drywall
Rcmodcl
• New vinyl Plank Flooring
• New Entry Door with Peep Hole and Doorbell
• New Kitchenette
o Cabinets— Uppers and Lowers
• Countertops and 4" Back Splash
Appliances
12cf Refrlgera[or
• 15" Eleetrir, Cooktop
• 24" Hood
0.7cf Microwave
• New bathro01n
Vanity
-I Countertop
o Sink, Faucet and Garbage Disposal
o Medicine Cabinet
Miirui
WatP-r Closet
�. Ioh/Shower Surround
o Rath Accessories
• TP Dispenser
• Towel Bar —24"
Vanity Light
• New Texture and Paint
• New Electrical Lighting, and Power as required
• New Mechanical
New P A(:
New Kitchen Exhaust Fan (Hood)
New Bathroom Exhaust Fan
• New Plumbing Fixtures with associated Piping
Water Closet
Lavatory
Kitchen Sink and Faucet
Tub/Shower Enclosure
City Council 21 — 59 4/20/2021
EXHIBIT 3
Exhibit Co.
Project Budget
City Council 21 — 60 4/20/2021
EXHIBIT 3
North Harbor Village
3.nrm4 n usaa
PERMANENT SOURCES
n Inveccn aiWo cutt]Ii
PERCENT
2/%.
BEGINNING
TOTAL
to 95r,la
BALANCE
PER UNIT
Izu
ENDING
TOTAL
U
BALANCE
PER UNIT
U
os°t
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USES OF FUNDS
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TOTAL
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11.m6.66noo
mgn.,L41
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150],LII.]]
119,11.00
15Rfi )54W
ACQUISITION
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RESIDENT AL (NEAR Or
REHAB COS�
If
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TOTAL
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a?xsl
1xx.v_C`.
v6u
01.1a0
23.948
1L,aa
1�5]
t].409
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City Council 21 — 61 4/20/2021
EXHIBIT 3
Exhibit Do.
CI*ty/CDBG Loan
Deed of Trust
City Council 21 — 62 4/20/2021
EXHIBIT 3
FREF. RECORDING RF.QUF,STF,D PURSUANT
1ANT
TO 60VERNMENT CODE SECTION 27383
When Recorded Mail to:
CIL) of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
PAY Box 1999
Santa Ana, C.aliflonia 92702
Attention: Clerk ol'the Council
CITY CDBG DEED OF TRUST
AND ASSIGN MVN'1' OF RVN'1'S
(1 109 North Harbor Boulevard, Santa Ana, California)
TIIIS CITY DEED OF TRUST AND ASSI6NM) NT OF RENTS (the --City Deed
of Trust") made this 20`" tlaiy of April, 2021 by North Harbor Housing Pampers i_P, a
Califbrrria limitetlpartnership (the "Trtutor"), AmeriNat, a Minnesota corporation (the
" TruAcc"), and the City ol'Sanla Ana, a cha im city and municipal curpuration (dtc
"l lencticiary").
Trustor, in consideraLion uflhe promises herein recited and the LrusL herein created,
irrevocably grants, transtcis, conveys and assigns to Trustce, in trust, with powcr of sale, the
property located in the City of Santa Ana, County of i)lange, State of California, described
in the attached Exhibit A and mare commonly known as 1108 North Harbor Boulevard
(the "Property"),
TOGETHER with all the impn-oveureriB now or hereafter erected on the Property.
and all casements, rights, appurtenances and all fixtures now or hereafter attached to the
Property, all of which, including replacements and additions thereto, shall be deemed to be
and remain a part of the Properly covered by this City Deed of Trust;
TOGETH LR with the. right, power and authority during the wntintunec of these
Trusts, to collect the renlS, issues, and profits of the Property, reserving unto the Trustor the
right, prior to any defilnit by Tnrstor in paynnent of the indcbtcdncss secured by this City
Deed of I rust Or in the performance of any ag ee»nem Under this City Deed of I rusL, Lo
eollecL and retain these rents, issue, and profit; as they become due and payable; and,
0GI rI'H FR with all articles of personal property or fixtures now or hereafter
allztched to or used in and about the building or buildings now erected, or hereafter w be
erected, on the Property which are necessary, to the complete and comfortable use and
occupancy of such building or buildings tin- the purposes for which they were or arc to be
City Council 21 — 63 4/20/2021
EXHIBIT 3
erected, including all other goods tuut chattels and personal property as are ever used or
furnished in operating a building, or the activities conducted therein, similar to the one
herein dc,,cribcd and rcl'crn;d to, and all renewals or rLplaccuicuw thercof or articles in
substitution thcrefitr, whether or not the same are, or shall he attached to said building (it -
buildings in any manner, and all of the forecoing, toCether with the Property, is herein
referred to as the "Security",
To have and to hold the Security together with acquittances to the Tntslee., its
successors and assigns forever;
TO SFCURF, to the Beneficiary (a) the repayment of the sums evidenced by a
promissory dote to the Beneficiary executed by Trustor" of even elate herewith in the
principal amount of ONE MILLION, SIX HUNDRED EIGI ITY-SEVEN THOUSAND,
AND FORTY-SFVFN DOLLARS (S1,687V7) (the "City CDBG Loan Note'); (b) the
performance of the covenants and agreemenls of Borrower contained in a certain Loan
Agreement and attached exhibits, including the Affiu-dability Restrictions, as hereinafter
defined; and (c) the payment of all other sums, with interest thereon, advanecd in
accordance herewith to protect the security of this City Deed of Trust; and the performance
of the covenants and agreements of Trustor contained herein.
TRl ISTOR AND THF. BFNF.FICIARY COVENANT AND AGRFF. AS FOLLOWS:
I . I'hc Loan Ae,reement. This City Deed ofTrust is executed and delivered,
along with the City Irian Note and the I-oan Agreement, to benefit the Property. A copy of
said Loan Agreement is on file as a public record with the Beneficiary and is incorporated
he-cin by reference (the "Agreement'). Trustor acknowledges that but for the execution of
this City Deed of Trust, the Beneficiary would not enter into the Agrecracin or City Loan
Note secured by this Ciry Deed of Trust.
2. frustor's Fstate. I r-ustor is lawfully seized of the estate hereby conveyed and
has the right to grant and convey the Security; that except as disclosed on the Title Policy
insuring the City Deed ofTntst, the Security is not crtcumbeuf except firr obligations
secured by deeds oftntst, or any other security agrcanau, to secure financing or refinancing
fbr the purchase and rehabilitalion ol'the Property.
3. Repayment of the Loan. Trustor will promptly repay, when due, the
principal and interest, as required by the City Loan Note secured by this City Deed of Trust.
4- SuhOrdinatiUrl- This ohligation secured by this City Deed of Trust shall lie
subordinated to the Senior Loan-
5. Prior MortLir_es and Dccds of"Trust Charecs; I .ions, I'mstor shall perform
all ol'Trustor's obligations under any mortgage, deed of urtst or other security agreement
with a lien which has priority over this ToSLIUMent, including TruSI-or's covenants to make
payments when due (subject to an applicable notice and cure provisions)- Trustor will pay
all taxes, assessments and other charges, fines and impositions attributable to the Security
City Council ., 21 — 64 4/20/2021
EXHIBIT 3
which may artain a priority over this Deed of Trust, by Trustor malting any payment, when
due, directly to the payee thereof Trustor will promptly furnish to the Beneficiary sill
nuticc; of amounts due under this paragraph, and in the event Trustor makes pays-nent
directly, I rustol. will promptly discharge any lien which has priority over this Deed of Trust;
provided that'I'mstorwill not be required to discharge the lien of the heed oft ntst securing
any senior lender orally other lien described in this paragraph so long as Tmsior will agree
in writing to Lhe payment of the obligation secured by such lien in a manner acceptable to
the Beneficiary, or will, in good faith, contest such lien by, or defend enforcement of such
lien in, legal proceedhigs which operate to prevent the enforcement of the lien or forfeiture
of the Security or any part thereof.
6. Hazard hisurance. Trustor will keep the Sectuity insured by Such instrance
policies in such amounts and for such periods as called for in the Agreement. All insurance
politics and renewals thprofwill include a standard mortgagee clause with standard
lender's endorsement in Fovorof the holder of any senior lender and the Beneficiary as their
interests may appear and in a fomt acceptable to the Beneficiary- Trustor- shall promptly
furni It to the Beneficiary, or its designated agent, certificates of insurance, copies of all
renewal notices and copies of all receipts of paid premiums. In the event of loss, Trustor
will give prompt notice to the insurance carrier and the Beneficiary or its designated agent.
The Beneficiary, or its designated agent, may make proof of loss if not made promptly by
Trustor. The Beneficiary shall receive 30 days (10 days for nonpayment ol'premitan)
advance notice of cancellation of any insurance policies rctµriretl undo this Se iUn.
Unless the Beneficiary and Fruslor olherwise agree in writing, insurance proceeds,
subject to the rights of any senior lender, will be applied to restoration or repair of the
S, provided such restoration or repair is economically feasible and the ecttri[j� damaged
Sccurityy of this City Deal of Trust is not thereby impaired. If such restoration or repair is
not economically feasible or if the security of this (- ity Deed of Trust would be impaired,
again, subject to the rights of any senior lender, the insurance proceeds wi I I be used to repay
the loam Beau ed by this Deed of t rust, with the excess, if any, paid to l iustor. If the
Security is abandoned by Trustor, or if Trustor fails to respond to the Beneficiary, or its
designated agent within 30 days, front the date notice is mailed by either of them to Trustor
that the insurance carrier offers to settle a claim for insurance benctits, the I lencficiary, or its
designaled agent, is authorized to collect and apply the insurance proceeds at the
Beneficiary's option tithe- to restoration or repair of the Security or to repay the loan.
If the Security is acquired by the Beneficiary, all right, title and interest of TrnSlor in
and to any insurance policy and in and to the proceeds thereof resulting front damage To the
Security prior to the Sale or acquisition will pass to the Beneficiary to the extent of the soots
Secured by this City Deed of Trust immediately prior to such sale or acquisition subject to
the rights of any senior lender.
7. Preservation and Mainlenance of Securily. llusuor will Keep the Security in
good repair and will not commit waste or permit impaimtett or deterioration ofthe Security.
City Council 3 21 — 65 4/20/2021
EXHIBIT 3
R. Protection of the Beneficiary s Security- Tf Tnlstor fails to perform the
covenants and agreements contained in this City Deed ol'Trttst or i f any action or
pruceccling is commenced which materially alTccts the Bcncliciary's interest in the Scen-ity,
including, but not limited to, detault under the City Deed of Tntst securing any smiler
lender, eminent domain, insolvency, code enforcement, oranangerrrents or proceedings
involving a lhankrupl or decedent, then the Reneliciary, at the Reneliciary's option, upon
notice ut Truslor, may Mahe such appearances, disburse such sums and take such action as it
determines necessary to protect the Benetciary's interest, including, but not limited to,
disbursement of reasonable attorneys' fees and entry upon the Security to make repairs.
Any amounts disbursed by the Beneficiary pursuant to this paragraph, with interest
thereon, will become au indebtedness ofTnrstor secured by dris City Deed of TYtr,t. Unless
Ttusmr and the Beneficiary agree to other terms of payment, such amount will be payable
upon notice from the Beneficiary to T ustor requesting payment thereof, and will bear
interest lion the dale ofdisbursennenl al the rile payable lions lime lO (line on outstanding
principal tinder the City Loan Note unless payment of interest at such rate would be contrary
to applicable law, in which event such amour us will bear interest at the highest rate
permissible under applicable law. Nothing contained in this paragraph will require the
Beneficiary to insure any expense or rake any action hereunder.
9. luspection- The Beneficiary may tnake, or cause to be made, reasonable
entries upon and inspection, ufthc Security during normal business lretaa; pruvidcd that the
Itcrleticiarywill give'Ihtstor not loss than torty-eight (48) hours' prior written notice of
inspection.
10. Forbearance by the Beneficiary Not a Waiver. Any forbcarance by the
Beneficiary in exercising any right or remedy will not be a waiver of the exercise of any
such right or remedy. The procurement of insurance Or the payment Of r<rxes Or Other liens
or charges by the Beneficiary will not he a waiver of the Beneficiary's right to accelerate the
maturity of the indebtedness Secured by this City Deed Of frust-
1 1. Remedies Cunnilative. All remedies provided in this City Deed of Trust are
distinct and cumulative to any other right or rpnedyundcr this City Decd of hnt.st or any
Wier document, or a0brded by law or equity, and nnay be exercised concurrently,
independently or sucecssivc1y-
12. Successors and Assisin, BOUnd. The covenants and agreements herein
cnnrrined shall hind, :-red the rights hereunder shall inure to, the respective successors and
assigns of the Beneficiary and I ntstor suhjeCt to the provisions of this City Deed Of'[ nest.
13. Joint and Scycral Liability. All covenants and aura rncnts of Truster shall be
joint and several.
14. Notice. Except for any notice required raider applicable law to be given in
another manner, (a) any notice to Trustor provided tin in this City Dccd of Trust will be
given b-y certified retail, return receipt requested, addressed to Truster at 17701 Cotian
City Council 4 21 — 66 4/20/2021
EXHIBIT 3
Avenue, Suite 200, Irvine, CA 92614, Attn: President, with copies to JPMorgan Chase
Bank, N.A., Community Development Banking, 300 Grand Avenue, Lo Angeles,
California 90071, Attention_ Dun , Lcczcr, 1PMorgan Chasc Bank, N.A, Legal
Deparunctu, Mail Code: NY 1-RC166, 4 New York Plaza, 2 t st Floor
Mail Code: NY1-F089, New York, New York 10004 ^413, and Red Stone Equity— 2020
CA Regional Fund, T._P., 1100 Superior Boulevard, Suite 1640, Cleveland, OH 44114,
Attention: General Counsel, (b) any notice to the Beneficiary will be Uivcn by certified
mail, rettutt receipt requested, to the Beneficiary at 20 Civic Center Plaza, P.O. Box 1988,
Santa Ana, California 92702, Attention: Housing Division Manager, or at such other address
as the Beneficiary may designate by notice to Trusnrr as provided above, and (c) to Trustee
at 8121 F. Florence Avenue, Downey, California 90240_ Notice shall he effective as of
the date received as shown on the rettun receipt.
15. Governing II aw. This City Deed ofT ust shall be governed by the laws of
the Slate of Cal i forma.
16. Severability. In the oven[ that any provision or clause of this City Deed of
Trust or the City Loan Note conflicts with applicable law, such conflict will not affect otter
provisions of this City Deed of Trust or the City Loan Note which can be given effect
without the conflicting pr0visi0 n, and to this end the provisions of the City Deed of Trust
and the City Loan Note are declared to be severable_
17. Captions. The captions and headings in this City Deed of Trust are tier
convenience only and are not to be used to interpret ordefine the provisions hereof.
is. Default in Foreclosure; Remedies. Upon Trustor's breach of any covenant or
agrernent of TfUSlOr in this City Deed of Trust or the City Loan Note secured by this City
Deed of Trust, including, but not limited to, the covenants to pav, when due, any sums
secured by this City Deed of Trust, the Beneficiary may declare all SUMS secured by thi,
City Deed of I rust immediately due and payable by delivering to 1 17LStpr notice lh ereo f
specifying: ( t) The breach: (2) the action required to cure such breach; (3) a date not less
than 30 day, from the date the notice is received by Trustn as shown oil the return receipt,
by which such breach is to be cured provided, howcvcr, that if such default is not reasonable
susceptible to being cured within 30 days, Trustor shall have a reasonable period to cure the
defect so long as Trn5tor is diligently prosa:utinv the cure to connplclion; and (4) that faihue
to etue such breach on or Before thee date specified in rhe notice may result in acceleration of
the sums secured by this City Deed of Trust and sale of the Security. The notice will also
inform Trustor ofTrustor's right to reinstate after acceleration and the rif�ht to bring a count
action to assert the non-existence of default or any other defense of I Iustor to acceleration
and sale.
'the City Note contains additional cure periods granted to Trustor's limited
partner and no event of del lull shall have occurred unlil and unless the'I ruslor's limiled
partner fails to cure such breach during such cure period_
City Council 5 21 — 67 4/20/2021
EXHIBIT 3
Tf the breach is not cured Lrr or before the dote specified in the notice or such longer
period as provided above or in the City Loan Note or Lhe Agreement, the Beneficiary, at the
Bencliciary':; option, may: (a) declare all of the Alma acuucd by this City Dccd of Trust to
be immediately due and payable without finther demand and may invoke the power of sale
and any other remedies permitted by California law, (b) either in person or by agent, with or
without bringing any action or proceeding, or by a receiver appointed by a cow t, and
wilhoul regard Lo the adequacy of its security, ahler upon Lhc Security and Lake possession
thereof (or any part then of,) and of any of the Security, in its own name or in the name of the
Trustee, and do any acts which it deems necessaiy or desirable to preserve the value or
marketability of the Property, or part thereof or interest therein, increase the income
therefr-otn or protect the security thereof- The entering upon and taking possession of the
Security shall not cure or waive any breach hereunder or invalidate any act done in response
to such breach and, notwithstanding the continuance in possession of the Security, the
I lcrleticiary shall be entitled to exercise every right provided for in this Deed ofllnst, or by
law upon occurrence of any uncured breach, including the right to exercise the power of
sale; (c) commence an action to foreclose this Deed of Trust as a mortgage, appoint a
rce ivcr, or specifically enforce any of the covenants hereof, (d) deliver to the Trvstcc a
written declaration of default and demand for sale, pursuant to the provisions for notice of
sale found at California Civil Code Sections 2924. et seq., as amended from time to time; or
(e) exercise all other rights and remedies provided herein, in the instruments by which
Trustor acquires Lille to any Security, or in any other dOCLanent or agreenhenL now or
hacallcr evidencing, creating or scetuing all or any portion of Lhe obligations sccurcd
hereby, or provided by law.
NouuiLhslanding anything to Lhe contrary herein, Beneficiary hereby agrees that any
care of any default made or tendered by Trustor's limited partner shall be desired to he a
tun by Trustor and shrill be accepted or rcjc eted on the saine basis as if made or teildend by
Trustor.
The Beneficiary shall be entitled to collect all reasonable costs and expense;
incurred in putsuing the remedies provided in this paragraph, including, but not lirrliLed to.
reasonable attomevs fees.
19. Tru tor's Righl to Reinslate. Notwithstanding the Beneficiary's acceleration
of Lhe sLuns sccurcd by this City Deal of TlzrsL, TRrsLor will have Lhc tight to have any
proceedings began by the. Bcncfieiary to cnforec. this City Dccd of Trust disconlinttcd at any
time prior to 5 days before sale of the Security pursuant to the power of sale contained in
this City Teed (if Trust or at any time prior to envy of ajudentent enforcing this City Teed
of l rust if (a) I rwtorPays the Beneficiary all sums which would he then due under this
CiLy Deed of Trust and no acceleration under the City Loan Note has occurred; (b) Truslor
c ucs all brcachcs of any other c>vatants or agrccrnatts of Trustor contained in this Dccd of
Trust and the Attordability Restrictions on Transtor of Property; (C) I illstor pays all
reasonable expenses incurred by the Beneliciary and the lluslee in enforcing the covenants
and agreements ofTrustor contained in Lhis City Deed ofTlust and the Afiin-dabiliLy
Restrictions, and in enforcing the Beneficiary's and dre Trustee's remedies, including, but
not limited to, reasonable attorneys' fees; and (d) Trustor takes such action as 111C
City Council 6 21 — 68 4/20/2021
EXHIBIT 3
Beneficiary may reasonably require to assure that the lien of this City Deed of Trust, the
Beneficiary's interest in the Security and Trustors obligation W pay the sums secured by this
City Decd ol'Trust shall conlinuc unimpaired. Upon such payrncut and cure by TnL"Wr, this
City Deed of Trust and the obligation, secured hereby will ranain in fiilt toice and effect as
if no acceleration had occurred.
20. Acceptance. by Trustee_ Trusteee accepts this Trust when this City Deed of
Trust, duly executed and acknowledged, is made a public record as provided by law.
Trustee is not obligated to notify any party to this City Deed of Trust of pending sale under
any other deed of trust or any action or proceeding in which Truster, Beneficiary, or Trustee
shall be a party unless brought by Trustee_
21. Reconve, anec. Upon payment or turgiveness ofall sums secured by this
City Deed of Trust, the Ilcrmticiary will request the Trustee to reconvey the Security and
will surrender llik City Deed or'[ rust and the Cily Loan Note to the'l rustee. The Trustee
"ill reconvey the Security without warranty and without charge to the person or persons
legtdl_y crrtided thereto. Such per -son or persons will pay all costs of recordation, if any.
22. Substitute Trustee. The Beneficiary, at the Beneficiary's option, may from
time to time remote the Trustee and appoint a successor trustee to any Trustee appointed
hereunder. The successor trustee will succeed to all the title, power and duties conferred
Upon the TRffitCC herein and by applicable law.
23. Request for Notice. Truslor requests that copies 01,01e notice of default and
notice of sale be sent to Trustor and Trustee at the address set forth in Section 14 above_
24. NonreOCIL]rsc Liability. Neither Trustor nor any partner of Trustor shall
have any personal liability under the Loan Agreement. City Loan Note, and this City Deed
of Trust and any judgment, decree or order for payment of money obtained in any action to
enforce the obligation of Trustor to repay the loan evidenced b_v such doeurnents shall be
enforceable against Trustor only to the extent of TTtI$Wr''s interest in the Property.
25. Vxtended Use Agreement. Beneficiary acknowledges that I raster and
the Calilornia Tax Credit Allocation Conuninee have or inlend to enter into an extended
use anrecmenl_ Beneficiary acknowledges and agrees that, in the event of a foreelosurc
of its interest tinder this Deed of Trust or delivery by Trustor of a deed in lira drercof
(collectively, a "foreclosure"), the following rule contained in Section 42(h)(6)(L)(ii) of
the hrrernal Revenue Code shall apply
For a period of three (3) years liclin the date of Foreclosru-e, with
respect to any unit that hail been regulated by the extended use agr'ccntcnt,
(i) none of the eligible tenants occupying those units at the tine of
Foreclosure may be evicted or their lenancy terminated (other than for
good cause, including but not limited to, the tenants' ineligibility pursuant
to Section 42 of the Code), (it) nor tnay any rent be increased except as
otherwise permitted under Section 42 of the Code.
City Council 7 21 — 69 4/20/2021
EXHIBIT 3
TN WTTNLSS WTTT:RT;OP, Truster has executed this City Deed of Trust as of the date first
N'nllen abOVe.
I)F.VF.LOPF.12
NORTH HARBOR HOUSING PARTNERS LP.
a California limited partnership
By: RU- Santa Ana Village LLC,
a Califomia limited liability company,
Managing General Partner
Ily: Jamboree Housing Corporation,
a California nonprofit public benefil corporation,
Manager
By:
Name:
Title:
City Council 8 21 — 70 4/20/2021
EXHIBIT 3
Exhibit Ee.
Cl'ty/CDBG Loan Note
City Council 21 — 71 4/20/2021
EXHIBIT 3
CITY CDBG LOAN NOTE
SECURED RV SITBORDINATED DEED OF TRUST
TO THE CITY OF SANTA ANA, CALIFORNIA
(11O8 N Harbor Blvd, Santa Ana, California)
SL687.047 April 20, 2021
Santa Ana, California
Principal Amount of Loan
I -or value received, NORTH HARBOR HOUSING PARTNFRS I,P, a California limited
partnership ("Borrower") promises to pay to Lhe order of'[ HF CITY OF SANI A ANA ("Cily"),
at 20 Civic ('enter Plaza, 6" Floor, Santa Ana, California 92701, or at such other place as the
City may from time to time designate in writing, or to the assignee of the City, drc In stun
of ONE MILLION, SIX HUNDRED EIGHTY-SEVEN THOUSAND, AND FORTY-SEVEN
DOLLARS (S1,687,047) or so much thereof as shall be disbursed hereunder, with three percent
simple interest (3%) commencing upon filing of Notice of Completion_
City and Borrower have ]reretolure entered into that certain Loan Agrcctnent dated
concurrently herewith (the "Loan Agreement'), pertaining to the acquisition and rehabilitation of
certain real property described in the Loan Agreement as the "Property," commonly known as
110R N Harbor Blvd, Santa Ana, C'alilorma, and the operation of the Property as alTordable
housing for Extremcly-Low, Very -Low and Low Income households. This City CDBG Loan
Note (the'Noic") is made pursuaut to, entitled to the benefits of and rcfetred to as the City Loan
Note in the Loan Agreement; that certain "Affordability Restrictions on Transfer of Property"
between Tlorrower and City, dated on or about the date hereof; and that certain Subordinated City
Deed of Trust and Assignment of (tents between Borrower and City, dated on or about the date
hereof (the "City Deed of Trust'). This Note, the Loan Agreement, the Affordability Restrictions
on Transtcr of Title, and the Deed of Trust arc sometimes collectively rctenecl to herein as the
"Loan Documents." I'hc Loan Documents and the rights and responsibilities inure to the benefit
of the City of Santa Ana. Any capitalized term which is not otherwise delined herein shall have
the meaning ascribed to such term in dtc Loan Agreement_
2. Definitions.
hbr the propose of calculating the payments to be made by Borrower to City pursuant to
this Note, the following terms ,hall have the following respective tneanings_
"Acquisition Costs" shall mean the costs and expenses of Borrower to acquire the
Property, as set forth in Lhe Project Budget allached to the I-oan Agreement.
"Borrower" means Nortlr Harbor Housing Parmcrs LP, a California linrimd partnership_
City Council 21 — 72 4/20/2021
EXHIBIT 3
11 C a 1 c n d a mean Vwla cnr�;ecutive twelve (12) month period li-om .January I to
Decctubcr 11.
"CDRG Deed of 'Trust" shall mean the CDRO Deed of Tntst in favor of the City,
securing the CDBG Loan, substanlmlly in the torn attached to the Loan Agreement as Exhibit
D, which is incorporated hcrcin by this rcicrenec-
"CDBC Loan" shall mean the loan evidenced by this Note repayable to the City in
accordance with the terms of this Note anti secured by the CDBC Deed of Trust.
"CDBC Program" (CDBC) means the Cuttununity Developmem Block Grunt progrann
wnducted pursuant to Title I of the I lousing and Community Development Act of 1974, as
amended by the United Statcs Department of Housing and Urban Development ("HUD").
"City Loan" shall mean the loan evidenced by this Note funded in whole or in part with
CDBC funds.
" C i t y ' s P withcreEerurvCeatcgtJee Residual Receipts, shall mean 50'/o or the
prorated percentage of the total anunurt of firnds contributed after North Harbor TTousing
Parhners LP, retains Idly percent ol' the Residual Receipts, whichever is less, ol' the City's share
of the total Residual Receipts floor the Property as futther desctibcd in Section 5 hcrcol'. ITulher
lenders to the Property arc also repaid fiom Residual Receipts, City's Percentage shall be
reduced proportionally to the ralio that the original principal amount of the Loan bears to the
original principal amount of all loans being repaid from Residual Receipts multiplied by 50'V,
"Closing Costs" shall mean:
0) Tn the case of a Sale, reasonable brokerage commissions payable to a broker as a
result of the sale, which shall not in any event exceed the customary amount charged -for similar
transactions in the immediate market place, costs of title insurance pretiums, documentary
stamp taxes, escrow tees, recurditlg charges, luau repayment charges and other costs reasonably
incurred with respect to the Property, in each ease actually paid by Borrower as a condition of
the sale.
(n) In the case. of Refinancing, the reasonable and necessary costs of
consurtunating such Refinancing, including, without limitation, loan fees, loan repayment
charf;es, costs of title insurance premiums, escrow fees, recording fees, attorneys' fees and costs
of lender required repairs or reserves -
"Gross Revenues" shall mean all revenue,; and receipts of every hind actually received
by Borrower from operating the Property, and all parts thereof, including, but not limited to,
income from both cash and credit lransactions, rental loam leased and/or subleased spaces and
parking fees and charges (but not including security deposits and other tenant deposits, except to
the extent such deposits are forfcited to the Borrower under the tenant's Icasc). Gloss Revenues
2
City Council 21 — 73 4/20/2021
EXHIBIT 3
does not include any insurance proceeds other than any rental interruption insurance proceed,; -
Any credit consideration ;hall be included in Gross Revenues at the time cash proceeds
(principal, interest and/or other) arc received. Burrower shall establish and maintain accounts I'or
the Gross Rcvcuucs (the "'Project Accounts") that are segregated trom revcnucs and iacomc
received by Horrower from all other projects. Gross Revenues shall also include all interest
earned on the Project Accounts to the extent interest is released h-om the Project Accounts -
Gross Revenues do not includethe proceeds of any loans or capital unuributions made. to
Borrower, Refinancing Proceeds or Sale Proceeds.
44 0 p e r a t i n g shad mcpnetlw %iuu WMe followin—
It) payments of principal and interest and all other charges relating to the Senior
Loan(s), exclusively including required payments under the Chase Bank, N.A. Loan, and the
VHHP Loan (any additional loans to the project must be approved by the City);
(ii) a property management fee no greater than 8% of gross rents;
(in) Owner Partnership Management and Asset Management Fees not to exceed 5%,
of gross rents;
(iv) Deposits into required reserves required by any lender or B01TOWer's
Partnership Agiccmcnl;
(V) all other actual, reasonable cash operatina costs and expenses, calculated on an
annual hasis, that are directly attributable to managing and operating the Property and the
Borrower, including, without limiting the grneralay of the foregoing, the following: costs and
expenses for real and personal property taxes, special assessments or similar charges; water, fuel,
electricity and other utilities; heating, ventilation and air conditioning expenses; labor; supplies;
tools; equipment; insurance; advertising and marketing; accounting and legal fees; brokerage
connnissioils and other leasing expense,; reasonable reserves for all anticipated expenses as
approved b_y the City; and other such itetns constituting operation, maintenance and repair costs
actually paid by the Borrowe, subject to the following conditions:
(a) Depreciation and amortisation expenses shall not be considered
Operating Expenses, except as othe,wise provided herein-
(b) Reserved.
(c) Any expenses, compensation or fees paid to any affiliate of Borrower
shall only be included as Operating Expenses to the extent they are not in excess of the
reasonable expenses, compensation or fees which would be payable to unrelated third parties in
arnr 9-ICngth tl'an5letlotU for similar SG'ViCCS in the Sant? Ana, C'alilui"nia area.
(vi) Any other expenses necessary to meet senior lender requirements and requirements
Of Borrower-'S limited partner, or its assignee, as set forth in Borrower's Amended and Restated
3
City Council 21 — 74 4/20/2021
EXHIBIT 3
Agreement of Limited Partnership (the "Partnership Agreement'), including, without limitation,
repayment of any loans to the BO1TOwer by a partner or lax credit recapture Or deficiency
payment,.
(vii) Deferred Developer Fees.
(viii) A social scrviccs adminisn-ativcc fcc-
"Pro,ject" shall mean the acquisition and rehabilitation of the Property by Borrower
pursuant to the Loan Agreement.
"Properly" shall mean the real property located at 1108 N Harbor Blvd, Santa Ana,
California described in the City Deed of Tnut.
"Itofinancing" shall mean changing the then existing financing on the Properly hy,
without limitatiml, modifying final maturity date of an existing Senior Loan, increasing the
stated maximum principal amount of an existing Senior Loan, paying off art existing Senior
Loan in lull and obtaining a new Senior Loan.
"Refinancing Proceeds" shall he disbursed as set forth in Section 7 hereof.
"Residual Receipts" shall nican the Grow RCVCmteS horn the Property, for cash year,
Tess deductions for Operating Fxpenses fiom the Property, applicable to each such year to the
extent not already deducted as an Operating Expense.
"Sale" shall mean any [ranstcr, assignment, conveyance or ]case (other- than to a tenant
for occupancy Or a lransactlon set forth tit Section 15(c) hereof) of the Property or any portion
thereof, or any interest therein by the Borrower, and includes any transfer, assiginnent or sale of
any partnership interest in the Borrower by an individual or entity which is a general partner in
the Bon-ower, or any interest by any individual or entity which holds an interest in any such
general partner in the Bonuwet, which brings the cumulative total of all such direct and indirect
transtcrs, assignments and sales during the term of this Note to more than toity-trine percent
(49%) of the ownership interests in the Iorrower, and any such transfer, assignment or sale of a
direct or indirect partnership interest thereafter. Sale includes a sale in condemnation or under
threat thc-oof. Sale does not include dedications and grants of casements to public and private
utility companies of thee kind customary in real estate dcvcloptncnt, not transfers of Limited
Partnership interests or transfers of General Partner interests caused by the removal of the
( ieneral Partner pursuant to the terms of the Partnership Agreement -
"Sale Proceeds" shall be disbursed as set lurth in Section 8 hereof'
"Senior Loan" shall mean (i) the senior loan made by JPMorgan Chase (lank, N.A. (the
"Chase I.o;in"), prior LO the C'ily Loan Ibr payment of a portion of the Acquisilion and
Rehabilitation Costs, and (it) the senior loan fiam the Veteran Homelessness Prevention Program
(the `VHHP Loan") that will be made at pc-manent loan conversion by the Department of
4
City Council 21 — 75 4/20/2021
EXHIBIT 3
TTousing and Community Dt%elopment_ The term `Senior T,oan" shall include any subsequent
loam that refinances an initial Senior Loan-
... Ferm" the terra for repayment of this Note shall meaty fifty-five (55) years tirmr the
date of recording,
3, Loan Repayment.
Borrower shall make payments to the City as provided in Sections 5 (Residual Receipts),
7 (Refinancing Proceeds), 8 (Sale Proceeds) and 10 (Accelerated Loan Repayment).
4. 00crating Capital Improvement Loan.
If the replacenrcnt rescrve account ("resetves") is depleted clue to unforeseen repairs and
the General I'artner makes a loan to the Partnership, the reserves must be Bally Banded to Iheir
original level prior to repayment of said loan. Such loan shall be repaid with net cash flow prior
to dtc residual receipt split_ The outstanding loan balance will be reticetcd in the annual rrport.
S. Annual Loan Repayment.
a. After any defen-ed Developer Fee has been paid, as set Both hereinabove, the
Burrower shall ihcrcalicr make a loan payment to dye City annually, in the atnouut of the ]essa
of the outstanding balance due under this Note or the City's Percentage of the Residual Receipts,
as provided in this Section 5.
b. Within one hundred twenty (120) clays after the year in which the rchabilitation of
the Project is completed, and on or before the 120th day of each Calendar Year thcrcaftcr, the
Borrower shall submit to the City a detailed statement of Gross Revenues and Operating
Expenses attributable to the Property for the applicable Calendar Year, along with a computation
Of the amlOttrlt of the Residual Receipts applicable to such Calendar- Year with which to make a
City Loan payment then due.
C. Itxcept as otherwise provided in Section 4, (i) the Borrower shall pay to the City
City's Percentage of the Residual Receipts as payment ofprincipal and interest under its loan;
and (it) Borrower shall retain Borrower's titiy percent (50%,) share of the Residual Receipts to
be used by Borrower as determined by the Gcncral Partners of Borrower, including, without
limitation, for distribution to the partners of the Borrower.
d. I he Residual Receipts payment shall he made not later than one hundred fifty (150)
clays after the close of the Calendar Year_ Such payment shall be applied first to any accrued but
unpaid interest, if any, then to reduce the principal balance of the City Loan.
6. Reserved.
7. Loan Renavntent from Retinanchm Proceeds.
5
City Council 21 — 76 4/20/2021
EXHIBIT 3
The Borrower shall make a loan payment to the City from every Refinancing that occurs
dtrring the lean of this Note not to exceed the outstanding balance of principal and interest on
t1m, Note, to the extant of the City's Percentage of the Rclinancing Proceed!, (if any), as follows:
the cash proceeds from such Refinancing (i.e., the proceeds less the costs of such Rctinancing,
any amounts required for repairs, and any announts required to be set aside as reserves) shall he
applied first to pay Closing Costs; next, the amount necessary to pay in full all amounts owing on
the Senior Loans; next, the Borrower shall pity to the City filly percent (50°/,.) of the [lien
remaining unapplied Refinancing Procccds not to exceed the outstanding balance on this Note.
The remaining Refinancing proceeds shall remain with Borrower to be used by Borrower as
determined by the General Partners of Borrower, inducting, without limitation, for distribution to
the pal -Liners Of [Ile BnnTOwer- Such payment shall be due within 30 clays of the date of ',Lie]]
Refinancing, and shall be applied first to any accrued but Unpaid inhere;(, Ilten to reduce the
principal balance of the Loans. The City shall not be required to rceonvey the lien of the Deed of
Trust if Sale Procccds are insufficient to repay the City I oan in hill.
8. Loan Repayment from Sale Proceeds.
The Borrower shall make a loan payment, not to exceed the outstanding balancee of
principal and interest on this Note, to the City from soy Sale that occurs during the Term of the
City Loan, to the extent of the City's Percentage of the Sale Proceeds, as follows: gross sale
proceeds are applied first to pay ClOsing Costs, next to pay in lull all aunournts Owing On the
Scnior Loans: next to pay lot any necessary repairs and any atuouuts rcyuircd to be scl aside as
reserve; next the ROnti)wer shall pay to the City tiny percent (5011/0) of the then remaining
unapplied Sale Proceeds, nod to exceed [he outstanding antounl ol'ptincipal and interest due on
this Note- This dilly percent (501)/,) represents the total payment due under the City Note- The
remaining Sale Proceeds shall remain with Borrower- Such payment shall be due on the date of
such Sale, and shall be applied first to any accrued but unpaid interest, then to nducc fhc
principal balance of the Loans. The City shall not be required to reconvey The lien of the Deed of
Trust if Sale Proceeds are insufficient to repay the City Loan in full-
9. Reserved.
10. Accelerated Loan Pavinent.
The full principal anuxunt outstanding plus accrued but unpaid interest [hereon, shall be
due and payable on the carlicr to occur of the following:
a- Sale or Refinancing of the Property as provided further in Section 15 hereof;
unless: (i) in the case of a Sale in which the City's Percentage of the Sale Proceeds are
insufficient to repay in full the City Loan, the City approves such Nale-and the purchaser assumes
the balance of the City Loan in accordance with the terms of this Note; or (it) in the case of a
Refinancing in which the C'ity's Percentage ofthe Refinancing Procccds are insufficient to repay
in lull the City Loan, the City approves such Refinancing and the Borrower rennain.s obligaled
pursuant to the terns of this Note.
6
City Council 21 — 77 4/20/2021
EXHIBIT 3
b- if an Event of Default occurs pursuant to Section 1() hereof
or
C. The date that is fifty five (55) years after the date of completion of the Project.
Cfi
that date, the City agrees to review the performance of the Property and consider in good faith
any reasonable request by Borrower to modify the terms or extend the Term of this Note.
11. Prepayment
Borrower may prepay the outstaliding principal balance under this Note, in whole or in
part, together with any accrued but unpaid interest, if any, and other sums owed to the City under
this Note, if any, at any time without penalty.
12. Lawful Monev.
Principal and interest are payable in lawful money of the United States of America.
13. Application of Payments; Late Charizes.
a. Any payments received by the City pursuant to tine terms 11erCOf stall be applied
first to sums, other than principal and interest, due the City pursuant to this Note, next to the
payment of all interest accrued to the date of such payment, and the balance, if any, to the
payment ofprincipal-
b. if any pa--iment is not received by the City within fifteen (15) days following the
due date thereof, then in addition to the remedies conferred upon the City pursuant to this Note
and the other Loan Documents, fit a late charge of four percent (+I /o) of the amount due and
unpaid will be added to the delinquent amount to compensate the City for the expense of
handling the delinquency and (ii) the amount clue and unpaid, excluding the late charge, shall
bear interest at ten percent (] 0'%,) per annutn, computed from the date out which the amount was
due and payable until paid. Without prejudice to the rights of the City hereunder or tinder any of
the other T.oan Documents, Borrower shall indemnify the City a8ainst, and shall pay the Cily on
demand, any expense or loss which it may sustain or incur as a result of the future by Bon-owcr
to pay when due any installment of interest and/or principal, fees, or other amotmts payable to
the City under this Note or any other Loan Document, to the extent that any such expense or loss
is nor recovered pursuant to such foregoing provisions. A certificate of the City setting forth the
basis for the determination of the amounts necessary to indenmify the City in respect of such
expenses or direct loss, submitted to Borrower by the City, shall be conclusive and binding for
all purposes except as immediately corrected by Borrower notice to City.
14. Security
This Notee is securcd by the City Deed of Trust-
7
City Council 21 — 78 4/20/2021
EXHIBIT 3
15. Acceleration by Reason of Transfer or Fin aneing.
a. In ruder to induce City to make the loan evidenced hereby, Borrower agrees that
in the event of any transfer of the Property without the prior written consent of City (other than a
transfer resulting boon a loreclosure, or conveyance by deed in lieu of foreclosure, by the holder
of a Senior Loan Deed ol'Trust), City shall have the absohuc right at its option, upon at ]cast 30
days' prior written notice to Borrower, to declare all suttts secured hereby immediately due and
payable. Such consent will not be unreasonably withheld. Consent to one such transaction shall
not he deemed to he a waiver of the right to require consent to future or successive transactions -
City may grant or deny such consent in its reasonable discretion and, if consent shou]d be given,
an_y such transfer shall be suUjeet to this Section 12, and any such t-an leree shall a55tnte all
Obligations hereunder and agree to be bound by all provisions contained herein. Such assumption
shall release Borrower from all liabilitythereundcr from and attar the date ofsuch assumption.
b- As used herein, "transter" includes the Sale, agreement to sell, transfer or
conveyance of the Property, or any portion thcreof or interest therein, whether voluntary,
involuntary, by operation of law or otherwise, the execution of any installntcnt land sale contract
or similar instrument affecting all or a portion of the Property, or the lease Of all or substantially
all of the Property. 'Transfer' shall not include the leasing of individual residential units on the
Property, so long as BO1T6wer- complies with the provisions of the Loan Agreement and the
Aflbrdable housing Restrictions relating to such leasing activity, nut shall it inchUde a
conveyance of the Property to a limiter] partnership in which the general partner of Borrower or
an al'filiate is a general partner, or to it corporation that is wholly owned by the lionower and that
is lornted Rx the sole purpose of owning and operating the Property, or the sale back to the
Burrower- Tn the event of any Retnancino. or partial Rctnancing in all amount in excess of the
balance of a Senior Loan, without the prior written colnscin of City (whieh consent City may
grant or deny in its sole discretion), then the entire Outstanding balance of the City Loan together
with all accrued and unpaid interest, shall he repaid to the City at the time of each Refinancing Or
partial Refinancing.
c. por the avoidance of doubt, a "transfer" shall not include (i) a transter of any
gcncral partner's interest in Borrower what node in connection with the exercise by the
ROrrower's limited partner (the ' T,intited Partner') of its rights upon a default by a general
partner Under the Borrower's Partnership Agreement or upon a general partter's withdrawal in
violation of the Partnership Agt-ccntcnt, so long as the removal and substitution of the defaulting
general partner is made within thirty (30) days Of such default or, if such removal and
substitution cannot reasonably he completed within thirty (30) days, so long as the Limited
Partner commences to take action to remove and substitute the general partner with a reasonable
period and thereafter diligently proceeds to corrrplete such snbstinnion; (it) any transfer of the
Properry to the managing gcncral partner of Burrower pursuant to the right of first tefttsal or to
the general partners Of Borrower pursuant to the purchase option, as provided for in the
Partnership Agreement; (iii) any transleroflhe Limited Partner's interest in accordance with the
Partnership Agreement; and (iv) any sale, transfer or other disposition of an interest in a limited
pa itrtet of the Borrower-
8
City Council 21 — 79 4/20/2021
EXHIBIT 3
16. Event of Default.
Subject to the Provisions of Section 25 hercot, the occurrence of any of the tollowing
shall be deemed to be an event of default (" kveot of Default") hereunder: (a) failure by Borrower
to make any payments provided fin- herein, and if such default is not made good within lifleen
(15) days of written notice to Borrower of such default; or (b) failure by Borrower- to perform
any covenant or agreement in the Deed of Trust, the Loan Agreement, or the Affordability
Restrictions on Transfer of Property within thirty (30) days after written demand therefor by City
(or, in the event that more than thirty (10) days is reasonably required to cure such default,
should Burrower fail to promptly commence such cure, and dilivenily and continuously
prosecute same 10 completion). Notwithstanding the foregoing, if Borrower fail, to cure such
breach during the tittle set forth herein fur such cure, City shall provide written notice of such
failure to Limited Paruter and oo Fveot of Default shall be deemed to occur unless Limited
Partner Iails to cure such breach willim 30 days following delivery of such notice, provided,
however, if in carder to cure such breach Limited Partner determines that it must remove the
Gaactal Partner ptnsuant to the tams of the Parmership Agrecmem, then no Event of Default
shall occur until 30 days follow ing the effective date of such removal.
17. Remedies.
Upon tlic uccurrenec and during the continuance of an Event of Default. after any
applicable notice has been provided aril the expiration of any applicable cure period therefore,
Gly may declare all sums evidenced hereby immediately due and payable by delivery to the
Trustee named in the City Deed of Trust securing this Note, and to Borrower, written declaration
of default and demand for sale, and written notice of dcfattlt and of election to cattle the Property
to be sold, which notice Trustee shall cause to be duly filed for record and City may foreclose on
the City Deed of Trust. Cit-v shall also deposit with Trustee the Deed of Trust, this Note and all
documents evidencing expenditures secured thereby and evidenced hereby- No delay or
omission on the part of the City in exercising any tight under this Note or under any of the other
Loan Documents shall operate as a waiver of such right.
18. Attornevs' Fees.
1f this City Loan Nulc is not paid whets due or if any Event of Default occurs, Bon-owcr
promises to pay all Costs of entorcerncnt and collection, including but not limited to, reasonable
attorneys' fees, whetlner or not an-y action or proceeding is brought to enforce the provisions
hereof
19. Severnhility.
Every provision of this Note is intended to be severable. In the event any term or
provision hereof is declared by a court of compefent jurisdiction, to be illegal or invalid for any
reason whatsoever, such illegality or invalidity shall not affect the balance of the terms and
provisions hereof, which terms and provisions sltall remain binding and cnfmccablc.
9
City Council 21 — 80 4/20/2021
EXHIBIT 3
20. Number and Gender.
hi this Note the singular shall include the plural and the masculine shall include the
feminine and neuter gender, and vice versa, if the context so requires.
21. Non -recourse.
The City Loan is a nonrecourse obligation of the Borrower. Neither Borrower nor any
other party, including Borrower's partners, shrill have any personal liability for repayment of the
City Loan or for any other amounts under any of the documentation evidencing, securing or
describing the City Loan. The sole recourse of City under this Note and the Deed of Trust for
repayment of the City Loan and for such other amounts arming theretioni shall be the exercise of
its rights against the Property and related security thereunder.
22. Subordination.
It is hereby expressly agreed and acknowledged by Borrower and City that the City Deed
of Trust is a subordinate deed of trust, and that this Note is subject and subordinate to the Senior
Loan Deed of Trust held by IPMorgan Chase Rank, N-A_ and the Senior Loan Deed of Trust to
be held by the Department ol' Housing and Community Development.
23. Reserved.
24, Reserved.
25. Force Mnjeure.
Notwithstanding specific provisions of this Note, performance hereunder shall not be
deemed to be in default where delays or default', are due to: war, insunection; stakes; lock -out;;
riots, floods: earthiluakes; fires: casualties; acts of God or other deities; acts of the public enemy:
epidemics; pandemics; quarantine resnictions; tieight embargoes; lack Ot transportation;
governmental restrictions or priority; litigation; unusually severe weather; inability to secure
necessary labor, materials or tools; delays ol'any contractor or supplier; acts of the other party;
acts nr failure to act of the City o- any other public or governmental City or entity (except that
any aet or failure to act of City shall not excuse pertorntancc by City); or any other causes
beyond the reasonable control or without the fault of the party claiming an extension of time to
perform. An extension of time for any such cause shall be for the period of the enforced delay
and shall cannnhence to rim from the time the patty claiming such extension gives notice to the
other party, provided notice by the party claiming such extension is given within thirty (30) days
after the eommenecunc it of the cause. Time of pertbtmanec under this Note may also be
extended in writing by the City and the Borrower.
26. Assignments.
10
City Council 21 — 81 4/20/2021
EXHIBIT 3
The City, and the assignee of the City, Shull have the right to assign this Note and the
City Deed ol' Trust securing this Now, without any further act of Bon-ower. The assignee shall
give notice to Bon-owcr and its limited partner as soon as practicable alley such assigntncnt.
11
City Council 21 — 82 4/20/2021
EXHIBIT 3
This Note is hereby agreed to and executed on the date first set forth above_
"BORROWER"
NORTH HARBOR HOilSIN(i PARTNERS i,P,
a California limited partnmhip
By: J11C-North llarbor LLC.
a California limited liability company,
Managing Cieueral Partner
By: Jamboree Housing Corporation,
a California nonprofit public benefit corporation,
Manager
By:
N ame:
Title:
12
City Council 21 — 83 4/20/2021
EXHIBIT 3
Exhibit Fee
Affordability
Restrictions on
Transfer of Property
City Council 21 — 84 4/20/2021
EXHIBIT 3
RFCORDTNG RFOTTT:STFD BY
AND WHEN RF.CORDF,D RF,TURN TO_
City of Santa Ana
Clerk of the Council
20 Civic Center Plaza (M-30)
P.O_ Box 19ss
Santa Arta, California 92702
Attention: Clerk of the Council
SPACL ABOVE THIS L1NL IOR RLCORD11vG USE.
FIZF:F.12FCORDING' RI-.OUFSIED
[Government Code Section 61031
AFFORDABILITY RESTRICTIONS
ON 'TRANSFER OF PROPERTY
(1 l Os North Harbor Boulevard, Santa Ana, Califomia)
THESE AFFORDABILITY RESTRICTIONS ON TRANSFER OF PROPERTY
(the "Restriction,") are entered into as of April 20, 202 L by and among and North I ]arbor
(lousing Partners LP, (referred to herein as the "Dcvclopci") a California limited
partnership, and the Cily of Santa Ana, a charter city and municipal corporation (the
..City") _
RLCITALS:
A_ Developer is the owner of that certain real property located at 1 109 Not
Harbor Boulevard, (the "Property") located in the City of Santa Ana more partieularly
described in Exhibit A. which is attaached hereto and incorporated herein by this rdcrenec.
H. I he (.'ity is the recipient of Community Development Block Grant
("CDBG") funds from HIM pursuant to Tile T of the Housing and C'nnumunity
Dcvelopnrcnt Act of 1974, as amended ("Act") and 24 CFR Part 570 (" CDBG
Rcgtllations" ).
C. The City is authorized by the CT)BG Regulations to expend fiords to increase
the. supply of low- and moderatc-incomc housing available at affordable housing cot .
D. Developer is entering into this 'lgrecmcnt to acquire and, subject to
entitlerncnt approvals, rehabilitate an adaptive reuse project for the purpose of providing
eighty-nine (R9) units of housing lhal will be affordable to Fxlremely-Low Income
hnuscholds ("Assisted Units"), the Developer and the City have entered into that certain
Loan Agreement, dated on or about the date hercot (the "Loan Agreement") to which
these Restrictions are attached as Exhibit F, which, along with all of its attachments, is
incorporated herein by this reference (any capitalized term that is not otherwise defined in
dress Resrictions shall have the meaning ascribed to such tenrr in the Loan Aurccment).
City Council 21 — 85 4/20/2021
EXHIBIT 3
1,. The Loan Agreement provides, among other things, for the use of the Property
I'm affordable housing with all Assisted TJnits being resuicted to Extremely -Low Income
households. at Affordable Rent(s).
F. The Loan Agreement contains certain provisions relating to the use of the
Property.
NOW, THEREFORE, CITY AND DEVELOPER COVENANT AND AGREE AS
FOLLOWS:
I . Developer em enamts and agrees (for itself, its successors, its assigns, and
every successor in interest to the Property or any part thereof) ttirat Developer, SnCII
successors, and such assigns shall use the Property exclusively to provide affordable
housinc, for FXtrCnlcly-I ,ow Income households. as provided in these Restrictions and in
the Loan Agreement.
2. Developer, for itself and its successors and assigns, hereby covenants and
agrees that all of the units in the Property (less two managers' units) (the "Units") shall be
rented exclusively, at Affordable Rent, to Extremely -Low Income households to the extent
provided for herein. Area median income levels and Affordable Rents are subject to
adjusttnent from tithe to time as provided in Section 3 below.
3. AFPORDAIIII HY RFQUIRItMItNhS, USF AND MAIN II NANCF OP
'I HF. 1'I{0I11:,ItI Y
3.1 Use Covenants and Restrictions.
A. Developer agrees and covenants, which covenants shall run with the land and bind
Developer, its successors, its assigns and every successor in interest to the Property that
Developer will make all rental units on the Properly available to extremely low-income
households at rents affordable to such households for filly -live (55) years from the issuance of
the Cettiticate of Completion. The CDBG resmetions shall be entorecd until the date that is
fifteen (1 5) years after the date on which the Certificate of Completion is issued or until
repayment of'principal and all accrued interest on the CDR(3 Loan, whichever comes last. The
City permits the Devcloper to limit the eligibility and/or give preference to a particular scgmcnl
Of the population in accordance. with 24 CFR 92 253(d).
11. The Project shall consist of ninety-one (91) units, two (2) of which steal I he on -site
manager's units-
C. At initial ]case up, households in the units cannot earn more than 30'X. of AMI.
Rcntal increases shall be in contormanec with tcdcral and state law. Attcr the tift en (15)
year CI)BO Compliance Period, the City shall require that the units remain affordable for
the Tenn of this Agreement, with rents calculated based on assumed household size at the
saner income levels.
D. All of the units will be restricted to occupancy by families earning no more than thirty
00",'o) of the Aren Median hncome (AMT), adjusted for household size.
City Council 2 of 14 21 — 86 4/20/2021
EXHIBIT 3
E. Maximum Occupancy will be two (2) people per bedroom plus one (1). F.xalrill] e liar a
two -bedroom [mil, live (5) people would be rnaxitnutn occupancy.
Affordable rents shall be governed by the Tax Credit Allocation Committee.
Ci- Developer must have a written lease between tenant and owner [irr it period ol'at lett_St
one year, unless a shorter period is mutually agreed upon. Leases trust be consistent with the
IIOMB Program regulations at 24 CFR 92.253(a) and (b).
3.2 Affrtrdn[lriliR, i,evels/ilnit Mix=
The aftbidability levels/unit mix for the Project is as follows:
Unit Size
No. Units
AMI
Studio
89
30%
The retraining units will be one (1) two -bedroom unit and one (1) three-bedro(lm unit
reserved for the on dte manazters-
(1) In no event shall the rent charged to the units be more than that amount of the rent
affordable to a family at 30"1) Area Mediart Income as published by the Tax Credit
Allocation Convnittee, as amended torn time to time.
(2) Annually with the financial statements, the Developer shall provide an annual report
(if -ents and occupancy of Al units, to verify compliance with affirrdability
requirements.
the affordable rents changed at the Project must comply with the standards set forth by the
California I ax Credit Allocation Committee (I CAC)- Notwithstanding anything to the
contrary contained in the Loan Agreement or these Restrictions, in the event of a foreclosure,
or delivery of a deed in lieu of lirreclosure, of any Senior Loan, ( I ) the maxinuan gualil'ying
terrant household income shall be increased to 60 o of Area Malian Income adjusted tin•
family size appropriate to the unit, and (2) the maximum annual affordable rent shall be
increased to comply with the rent limits set forth by California Tax Credit Allocation
Conuninec (TCAC) Ior households at 60'N Arco Mcclian Tncontc-
Utility allowances must be deducted from the Maximum Gross Monthly Rent. The Housing
Authority of the City of Santa Ana publishes the T hility Allowance Schedule -
Initial rents may be recalculated to allowable rental amounts at the bone of initial lease -up
billowing completion of constnletion in accordance with any changes in allowable rent and
incomc tables as published by HUD.
3.3 Rent increases- On an annual basis, the City shall provide Developer with the
rrraxinntm allowable schedule of rents for the Property in accordance with changes in
allowable rent and income tables published by the California Tax Credit Allocation
Committee ("TUAC), provided however that the rent for the CDBG units shall in nn event be
hither than the rent f[n-the egLiivalent non-CDBCi assisted units within the Prodect Inno
City Council 3 of 14 21 — 87 4/20/2021
EXHIBIT 3
event cull Developer charge any tenant more than such amount- The City will make all hest
eflorls Lo provide Developer with the maximum allowable schedule ofl-ents within no more
than 30 calendar days allcr the date TCAC publishes the allowable rc nt and income tables.
3.4 Increase in Rent and Uccupancv Restrictions upon 'I ernrination of Rental
Subsidies- The parties acknowledge Lhat Developer is only able to rent units to Extremely
Low income. Households bCC8uI5C. the City is providing 89 ProlccL-T3ased Vouchers for
Permanent Supportive Housing ("P13V Vouchers'). In the event the P13V Vouchers
expire, terminate, are not renewed or are reduced for any reason other than a default by
Developer under the PT3V Vouchers, then the occupancy requirements for all ofthe Tlnits
shall atuomatically increase to 60% of the Area Median Income and the A 1-fordable Rent
shall increase to Affordable Rents for households earning 601% of Lkre area Median Income
in accordanec with the tent limits set turth by the Califurnia Tax Credit Allocation
Committee ( TCAC for households earning 60'%u of the Ar'cn Median Inconic.
3.5 Reserved.
4. Maximum Rents. Developer, its sneeesSOrS and assigns shall not charge
rents for The Units in excess of the amounts set forth herein, as adjusted oil tide basis of the
revised schedules of area median incomes issued from time -to -time by TTUD. The City
shall noti fy Developer in writing ol'the adjusted allowable maximum incomes and revs.
5. 'Tenant ,Selection Plan. Developer shall adopt and include as part of its
Management flan (described in Section 11 below), written tenant selection policies and
criteria fix the Units, that meet the lollowing requirements_
(a) Arc consistent with the purpox of providing housing for Extrcindy
Low Income households;
(b) Are reasonably related to program eligibility and the applicants'
ability Lo perlorin the obligations of the lease;
(c) Civc reasonable consideration to the housing needs of households
dial would have a preference under 24 CFR Q60.206 (Federal selection preferences to
admission to Public Housing);
(d) Provide for:
The selection of tenants from a written waiting list in the
chronological order ol' their application, insofar as is practicable; and
The selection of tenants for accessible units; and
iii- The prompt written notification Lo any rejected applicant of
the groturds for any rejection;
(e) Subject to compliance with the (.:DB(j Regulations, the IIUD-
Veterans Affairs Supportive Housing referral prm4ram requirements, the County of (-)range
City Council 4 of 14 21 — 88 4/20/2021
EXHIBIT 3
coordinuted entry system and applicable California and federal fair housing laws, local
preference for Santa Ana residents and workers in tenant selection shall lie a requirement
of the Prujcet. Subject to applicable laws and regulations guvernin- nundic;uuninatiun
and preferences in housing occupancy required by HUD or the State (it California, as well
as the City of Santa Ana Affordable Housing Funds Policies and Procedures, the
Developer shall give preference in leasing units in the till lowing order ofprioniy!
First priority shall be given to persons who have been
permanently displaced or face permanent displacement front
housing in Santa Ana as a result of any of the following:
a. A redeveluptnent project tmdertaken pursuant to
Califurim's Community Redevelopment Law (I lealth &
Safety Code Sections 33000, et seq.) -- applicable only
to projects funded by the I -ow ,tnd Moderate Income
TTousing Asset Fund-
b. Ellis Act, owner -occupancy, or removal permit eviction;
c- Earthquake, fire, flood, or other natural disaster;
d. Cancellation of a I iuusing Chuicc VUtlelter I IAP
Contract by property owner; or
e- Govenunental Action, such as Code Entbrcenlent-
it. Second priority shall be given to persons who are either:
a- T2esidents of tianta Ana and/or
b. Working in Santa Ana at least 32 hours per week for at
least the last 6 months.
; and
(f) C `any Out the Affirmative Marketing procedures of the City of Santa
Ana, which are designed to provide intormation and otherwise aurae[ cligifile persons
from all racial, ethnic and gender groups in the housing market area to the units.
Developer shall Cooperate with the City to effectuate this provision prior to the initial
renting, w- upon occun-ence of a vacancy, and the re -renting of any Restricted Units (24
CFR 92351)-
6. 1lousint-, Choice Voucher Program. Developer, its successors and
assigns, shall not reluse to lease a unit to a holder ofa renal voucher under 24 CF R part
982 (Housing Choice Voucher Program) or to a holder of a comparable document
evidencing participation in a HOME tenant -based assistance program bCCauSe of the starts
of the prospective tenant as a holder of such certificate of family participation, rental
voucher, or comparable 11OME tenant -based assistance document. Total rents charged to
the tenant for the tenant's share of rent shall not exceed the allowable rents us descrihed
City Council 5 of 14 21 — 89 4/20/2021
EXHIBIT 3
above.
T Lease Provisions. Any lease of any of the units nnlst be Ibr not less than
irate year, unless by mutual agreement between the tenatit and the Developer. Should the
tenant and Developer agree to a term of less than one year, said agreement shall be
expressed in some type ofwritlen limn, signed by the lenant, and maintained in the
tenant's rental pile held by the Dcvcloper- The lease may not contain any of the [bllowing
provisions (in which references to "owner" shall mean the Developer, its successors or
assigns):
(a) Agreement by the tenant to be sued, to admit guilt, or to a judgment
in favor of the owner in a lawsuit brought in connection with the lease;
(b) Agreement by the tenant that the owncr may take, hold, or sell
personal property of household members wilhoul notice (o (he tenant and a court decision
on the rights of the parties- This prohibition, however, does not apply to an agreement by
the tenant concerning disposition of personal property remaining in the housing Unit after
the tenant has moved out of the Unit. The owner may dispose of this personal property in
accordance with state law;
(e) Agreement by the tenant not to hold the owner or the owner's agent
legally responsible fur any action or leilure to act, whetltet intartional or ncgltgcut;
(d) Agreement of the lenanl [hill the owner play ins(inae a lawsuit
without notice to the tenant;
(e) Agreement by the teitam that the owncr may evict the tenant or
household members without instituting a civil court proceeding in which the tenant has the
opportunity to present a defense, or before a court decision on the rights of the parties;
(1) Agreement by the tenant to waive any right to a trial by jury;
(g) Agreement by the tenant to waive the tenant's right to appeal, or to
otherwise challenge in courl, a court decision in conneclion with the lease;
(h) Agreement by the tenant to pay attorncy's tees or other Icgal costs
even if the tenant wins in a court proceeding by the owner against the tenam. The tenant,
however, may he obligated to pay costs if the tenant loses; or,
(i) Agreement by the tenant (other than a tenant in transitional housing)
to accept supportive services that arc offered.
?S. Lease Termination. Developer, its successors or assigns, may not
terminate the tenancy or refuse to renew the lease of a tenant of rental housing assisted
with CDBG funds, except for serious or repeated violation of the terms arid conditions of
the lease; for violation of applicable Federal, State, or local law; for completion of tic
tenanc-v period for transitional housing or failure to follow any required transitional
11011.1,111121 sunmrrtive services nlan_ or for other good cause. Good cause does not include an
City Council 6 of 14 21 — 90 4/20/2021
EXHIBIT 3
increase in the tenant's income or refusal of the tenant to purchase the housing. TO
Lerminate or refuse to renew tenancy, the OWlier must serve written notice upon the tenant
specifying the grounds fur the action at least 30 days bclurc the termination of tenancy.
9. Property Maintenance. Developer shall continuously maintain the
improvements on the Properly in compliance with all applicable City housing quality
sLandards [24 CFR 922511 and state and local code requircn,ents and shall keep tic
Property free from any tutrcasonablc accumulation of debris or waste materials.
Developer shall also maintain in a healthy condition any landscaping planted on the
Property-
10. Oblinal➢on to Retrain from Discrimination. Developer covenants and
agrees for itself, its successors, its assigns and every successor in interest to the Property
or any part thereof, there shall be no discrimination against or segregation of any person,
or group of persons, on account of race, color, creed, religion, sex, mental orphysical
disability, marital status, national origin or ancestry in the sale, lease, transfer, use,
occupancy, tentee or enjoyment of the Property nor shall the Developer itself or any
person claiming under or through it establish or permit any such practice of practices of
discrimination or segregation with reference to the selection, location, number, use or
Occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property, as
required by the Title VI ol'the Civil Rights Act of 1964, the Fair Housing Act (42 U.S.C.
3601-20) and all irnplcnionting regulations, and the Age Discrirrrination Act of 1975, and
all irnplencnting regulations.
1 I- Management Plain_ Not later Lhan five (5) business days prior Lo the
execution of the documents, Developer shall submit to the Lxectttivc Director a
Managcmciu Plan in a forth that is acceptable to the EXCCutivc Director, including, but not
limited to, the components listed below. Approval of the Management Plan must be
obtained from the Executive Director not later than the time for the Close of Escrow.
Developer shall manage the AssiSIO(I Units in accordance with the approved Management
Plan, including such amendments as may be approved in writing front time to time b-y the
Executive Director, tier the terns of the income and rent restrictions contained in tlicsc
Restrictions. City hereby acknowledges that City has approved Developer's proposed
Management Plan. The components of'lhe Management Plan shall include:
(a) Management A>tctlt. Developer shall subrnit the name and
qualifications of the proposed Managemem Agent. The Executive Director shall approve
Or disapprove the proposed Management Accent in writing based on the experience and
qualifications of the Management Agent. City hereby approves Quality Management
Group as the initial Management Agent.
(b) Management Agreement. Developer shal I subrnit a copy of the
proposed nianagenieni agreement speci Tying the anioulu of the management lee, and the
relationship and division of responsibilities between Developer and Management Agent.
City hctebv acknowledges that City has approved the Point of Developer's proposed
ilianagemcru agreement.
(c) Annual Budget and Projected Cash Flows. Prior to the Close of
City Council 7 of 14 21 — 91 4/20/2021
EXHIBIT 3
Escrow, and annually thereafter not later than ninety (90) days after the close of each
calendar year thereafter until the Loan is repaid in lull, Developer shall submit a projected
uperating budget and cash flow to the EXWLlti%c Director- The budget and cash Clow shall
be in a torm that is reasonably acceptable to the executive Director.
(d) Tenant Selection Policies- Developer shall include in the
Management Plane the tenant selection policies in accordance with Section 5, above-
12. Manaacment and Maintenance Deficiencies. if at ally time the City
determines that the units are not being managed or maintained in accordance with the
approved Management Plan, the City shall send the Developer a detailed description of the
management deficiencies (a "Deficiency Notice"). if the deficiencies set fords in the
Deficiency Notice are not erred within thirty (30) days (or such lunges period as may be
reasonably required to cure the deficiency), with the exception ofCMIG regnlatioos that
require a shorlerperiod, the Executive Director may require Developer to change
management practices or to terminate the management contract and designate and retain a
different management agent. The management agrecntatt shall provide that it is subject to
termination by Developer without penalty, upon thirty (30) days prior written notice, it the
direction of the Executive Director upon failure to cure a Deficiency Notice within the
time period specified above- Within ten (10) days following a direction ofthe Executive
Director to replace the management agetu in accordance with the teens hereof, the
Dcx'clupci shall scluct another manzigcincm agent Ur snake odlci- arrangcinent i sausfactory
to the lxecutive Director or designee for Cot tirrtting rnanagel ent of the units.
13- Restriction Terns. The covenants established in these Restrictions and
any aniendlnents hereto approved by the City and Developer shall, without regard to
technical classification and designation, be binding for die benefit and inn favor of the City
and their respective successors and assigps. These Restrictions shall remain in effect for
fifty-five (55) years. In its discretion, the City may defer repayment of the CDBG Loan or
the City tray agree to such reasonable modifications to the requirements of these
Restrictions, as they ina-y determine are necessary for the continued maintenance and
Opel'atiuu of the Assisted Units. The covenants against disainiination shall remain in
effectforthe period of these Restrictions.
14- CDSG Dishursements. Developer shall not request di,,bLirsCr77Cnt of
CDBG tends until the. funds are needed to pay eligible costs. The City icsctvcs the right
to inspect records and the Project site io determine that reimbursennent and compensation
requests are reasonable, and shall have the right to disapprove any request if the City
determines the request is for an ineligihle item or is otherwise not in compliance with or
ineunsistent with the Loan Agreement and these Restrictions-
15. Records and Reports. Developer shall prepare, maintain and submit to
the City, as appropriate, the following records and reports:
a- Annual Reports. Developer shall file with dic Cit_v an Aruoral Rcport
(herein referred to as the "Annual Report") within one hundred tweiny (120) days
following the end of each calendar -year, commencing with the end of the calendar -year (or
portion thereof) in which the Real Estate Closing occurs- The Annual Report shall contain
City Council 8 of 14 21 — 92 4/20/2021
EXHIBIT 3
a certification by Developer as to such information as the City Executive Director may
then require. including, but not limited to, the following_
(1) 7'hc fiscal condition of the Project, inetuding the Annual Budget and
Project Cash Flow report required by Section 1 1 (c) of the Affordable Housing
Restrictions which shall include a Imancial slatemenl (or the previous calendar year that
ancludcs a balance shecl and a profit and loss sLatentenL indicating any surplus or deficit in
operating accounts; a detailed itemized listing of income and expenses; and the amounts of
any fiscal reserves. Such Annual Budget and financial statement shall be prepared in
accordance with generally accepted accounting practices- The City Executive Director
may require that the financial sLatemenL be audited at Developer's expense by an
independent certified public aeeountam acceptable to the Executive Director.
(2) Any substantial physical defects in the Project, including a
description of any major repair or maintenance work undertaken or needed in the previous
and current years. Such statement shall describe what steps Developer has taken in order
to maintain the Project in a safe and sanitary condition in accordance with applicable
housing and building codes and the property standards set forth in 24 CFR 92.251.
(3) The occupancy of the units indicating the income of each current
resident and the current rent; charged each resident and whether those rents include
utilities, including recurds that dcutonstratc that the Prujeet meets the requircrncnLs of fur
tenant and participant protections specified in Section 7 of these Restrictions.
(4) General management perlbrmance, including LelanL relations and
oche- relevant information.
(5) Records that demonstrate that the units meet the affordability
requirements of 21 CPR 92252 and these Restrictions .
(6) Evidence ol'a currently paid hazard insurance policy in accordance
with the r quircucnts of Section 6 of the City/CDBG Deed of Trust, with a loss payable
endorsement naming the City as a loss paycc(s) together with other approved lenders (as
(heir interests may appear), with a "Replacement Cost F.ndorsenent" in amount sullicienl
to prevenL Developer or City from becoming a cu-insurer Lnder Lhc terms of Ole policy, but
in any event in an atuount not less than 1001% of the then frill replacement cost, to he
determined at least once annually and subject to reasonable approval by the L.xecuuve
Director-
(7) Evidence of a currently paid liability insurance policy, naming the
Cary as additional insured and in a fin m approved by the City Attor'ncy with coverage as
described in the I ),in Agreement.
(9) Termite reports pertaining Lo the Property every fifth (5°i) year-
(9) Such oilier information as may be reasonably required by the
Executive Director or his/her designee.
City Council 9 of 14 21 — 93 4/20/2021
EXHIBIT 3
b. Records and Audits. During the Ci)B(i Compliance Period, Developer
shall maintain the lollowing general program records, and make them available for
im,pection by the City or I IUD:
(1) records which demonstrate that the project meets the property
standard specified in 24 CFR 92 )SI;
(2) records, for each CDBG Assisted Unit, which demoristra[es that the
project meets the income requirements of the CD136 Program and rent requirements of 24
CFR 92252 and these Restrictions.
(3) records which demonstrate compliance with the tenant and
participant protections, as specified in Section 7 of tliese Restrictions;
(4) records which demonstrate compliance with the F.qual Opportunity
and Fair Housing requirements outlined in these Restrictions, including_
(A) data on the extent to which each racial and ethnic group and
single head of household (by gender of head of household) have applied for, participated
in, or benefited from, any program or activity funded in whole or in part with C'DBG
funds;
(11) documentation ofactions undertaken to rnect the equal
opporurniiy requirements o1`24 ChR part 5, Subparl A, and 24 Cl- part 135 which
implements Section 3 of the Housing Development Act of 1968, as amended (12 U_S.C'.
170lu);
(C) documentation and data on the steps taken to implement
Developer's outreach programs to minority -owned and women -owned businesses to meet
the minority outreach requirements of 2 CFR 200.321;
(5) documentation of the steps taken to carry Out all attirma[ive
marketing program in accordance with procedures specified in 24 CF R 92.351, if
applicable,
(6) if applicable, records which demonstmic eomplianec wall [lie
requirements relating to relocation of displaced persons, as described in 49 CFR part 24.
At a minimum, these shall include project occupancy lists identifying the name and
address of all pel-sons occupying the project property up until the date of the Real Estate
Closing (i.e., the date on which Developer obtained site Control);
(7) records concerning lead -based paint ill accordance with 24 CPR
570.60x;
(8) if applicable, records which suppor[ any tc(lu :s[s firr waivcts of the
conflict of interest prohibition as stated in 24 CYR 570.611;
(9) records of certifications of contractor qualifications as they relate to
City Council 10 of 14 21 — 94 4/20/2021
EXHIBIT 3
the debarment and suspension requirement as stated in 2 CFR 2424 and 24 CFR Vert 24;
and
(10) any other reports issued by other ntuttitorittg agencies.
c_ All records related to CDRG funds as required under the provisions ol'24
CFR 570 W trust be retained for the most recent live year period, except that for rental
housing projects, records shall be retained for five years after the project completion date;
except that records of individual tenant income verifications, project rents and project
inspections must be retained for the most recent five year period, until five years after the
affordability period tenninates_ Developer shall cooperate with the City to retain all books
and records relevant to the Loan Agreement for a minintuni of live years after die
expiration of the Loan Agreement and auy and all amendments hereto, or for five years
after the conclusion or resolution of any and all audits or litigation relevant to the Loan
Agreement, whichever is loler. 'I he City, the Slate, the Office of the Auditor General of
TTUD, and/or their representatives shall have unrestricted reasonable access to all
locations, books, and records for thee purpose of rrronitoring, auditing, or otherwise
examining said locations, books, and records with or without prior notice.
d. If so directed by the City, the State or TTUD upon termination of the Loan
Agreement, Developer- shall cause all records, accounts, dtlenrnetltation and all Other
materials relevant to the work to be delivered to the City, the State or HUD, as dcpusitory.
e. All records, accounts, documentalion and other malerials televant to the
Project shall be accessible at any time to the authorized representatives of the Cily, the
State or MJD, on reasonable prior notice, for the purpose of examination or audit.
f. The City shall perform an annual audit at the close Of each calendar year in
which these Restrictions are in effect. Developer shall reasonably cooperate with City in
perfimnitlg such audit.
16. Defaults. If an event of detault occuts under the terms of these
Restrictions, prior to excreising any remedies hereunder, City shall give Developer and its
limited partner written notice ol'such default. Tf the delaull is reasonably capable ol'being
cured within thirty (30) clays, Developer and its limited partner shall have such period to
effect a care prior to exet'cisc. of remedies by the City under these Restrictions. If the
default is such that it is not reasonably capable of being cured within thirty (30) days, and
Developer or its limited partner (i) initiates corrective action within said period, and (it)
diligently, continually, and in good faith works to effect a cure as soon as possible, then
Developer- and its limited partner shall have such additional tittle as is reasonably
necessary to care the default prior to exercise of any remedies by City.
File City k a beneficiary of the terms and provisions of these Restrictions
and the covenants herein, both for and in their own right and for the purposes Of Protecting
the intctrsts of the uxnmttnity and other parties, public or private, for whose benefit these
Restrictions and the covenants running with the land have been provided. Upon the
Occurrence of an event of default auid the expiration of the notice and cure period specified
above_ the Citv shall have the riLlht to exercise all rights and remedies_ and to maintain anv
City Council 11 of 14 21 — 95 4/20/2021
EXHIBIT 3
actions or suits at law or in equity or other proper proceedings to enforce the curing of
much breaches to which they or any other beneficiaries of these Restrictions and covenants
arc entitled.
17. Developer Liability for Performance. The covenants and agreements
contained herein shall nun wilh the land and not bepersonal obligations of Developer_
Upon dre sale, conveyance or other transl'cr ol'the Property (a "Transf'cr') and the
assumption of the obligations hereunder by a transferee, Developer's liability_ for
performance shall be terminated as to any obligation to be performed hereunder after the
date of such Transfer.
19. Enforcement. The Loan Agreement and all of its attaclunent_s shall be
ent'orecablc by
City in accordance with the terms thereof. Itsch of the I-oan Agreement, these
Restrictions, the Oly CDRG Loan Note and the City C)HO Deed of Trust provide a
means of enforcement by the City if Developer is in breach of its obligations hereunder
and thereunder, including liens on the Property, ttse and deed resu ietious and covenants
running with the land [24 CFR 92.504(c)(3)J.
City Council 12 of 14 21 — 96 4/20/2021
EXHIBIT 3
IN WITNESS WTTEREOI', the parties hereto have caused these Affordability
Restrictions on Transler ol'Property to be executed on the date Set forth hereinabove.
ATTEST:
CTTY OF SANTA ANA
Daisy (;omen Kristine Ridge
Clerk of the COLLnCil City Manager
Dated: Dated:
APPROVED AS TO FORM:
SONIA R. CARVALHO, Ciry Attorney
Tay:
Ryan O- Hodge
A-"i5lant City Attorney
Dated:
RECOMMENDED FOR APPROVAL:
Steven A. Mendoza
FAccutivc Dircetor
Community Development Agency
City Council 13 of 14 21 — 97 4/20/2021
EXHIBIT 3
DFVFf-OPFR
NORTH 11ARBOR MOUSING PARTNLRS LP,
a California limited partnership
By: JHC` Sanla Ana Village LLC,
a California limited liability company,
Managing General Partner
By: Jamboree Housing Coipor Lion,
a California nonprofit public benefit cotlawration,
Manager
By:
Name:
Title:
City Council 14 of 14 21 — 98 4/20/2021
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
April 20, 2021
TOPIC: Design Services for Various Projects
AGENDA TITLE
Approve an Agreement With IDS Group for Design Services for Pacific Electric Bike Trail
Phase 2 and Sandpointe Park Security Lighting in an Amount not to Exceed $71,556 for
a Three -Year Term (Project Nos. 21-2726 and 21-2728) (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with IDS Group to provide concept
design, design development, and contract documents for the Pacific Electric Bike Trail
Phase 2 and Sandpointe Park Security Lighting project in the amount of $65,051, with a
contingency of $6,505, for a total amount not to exceed $71,556, for a three-year term
beginning April 20, 2021 and expiring April 20, 2024, with an option for two, one-year
extensions, subject to non -substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
On November 4, 2020, the Public Works Agency released Request for Proposals (RFP)
No. 20-129 to seek the services of a professional engineering firm to provide complete
plans, specifications, and a cost estimate (PS&E) for new electrical and security lighting
systems for the Pacific Electric Bike Trail - Phase 2 project and the Sandpointe Park
project (Exhibit 1). The scope of work includes preparation of the plans, specifications,
and estimate package including, but not limited to, lighting plans and construction details.
The RFP was advertised on the City's online procurement management and publication
system with proposals due on November 24, 2020. Nine proposals were received and
evaluated by a selection committee. The top three scoring firms were invited to participate
in electronic interviews for final selection. Following the interviews, IDS Group was
selected as the most qualified firm for construction management of the project and as
such, staff recommends awarding an agreement to the firm (Exhibit 2). Their proposal
demonstrated a high degree of technical competence and experience performing similar
services. The proposal contains a clear path toward achieving City goals and objectives
as required by the RFP. The following summarizes the responding firms and their ranking.
City Council 22 — 1 4/20/2021
Design Services for Various Projects
April 20, 2021
Page 2
Firm
city
Rank
IDS Group
Irvine
1
KEWO Engineering Inc.
Eastvale
2
Owen Group
Irvine
3
Lopez Engineering
San Diego
4
RJM Design Group
Sari Juan
Capistrano
5
P2S Inc.
Long Beach
6
Synergos Inc.
Walnut
7
Asplundh
Cypress
8
PBS Engineers Inc.
Los Angeles
9
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds are budgeted and available for expenditure in the current Fiscal Year 2020-21
Capital Improvement Program (Project Nos. 21-2726, 21-2728). The table below
indicates the estimated expenditures by fiscal year. Any remaining balances not
expended at the end of the agreement term will be carried forward for expenditure in the
event the optional extension periods are exercised
Fiscal Year
Accounting Unit
Fund
Accounting Unit -
Amount
- Account No.
Description
Account No.
Descri tion
Agreement Term
Residential
Acquisition &
2020-21
31313260-66220
Development
Development,
$g 200
(April -June)
(21-2726)
District No. 3
Improvements Other
Than Building
Residential
Acquisition &
2020-21
31313260-66220
Development
Development,
$3,800
(April -June)
(21-2728)
District No. 3
Improvements Other
Than Building
Residential
Acquisition &
2021-22
31313260-66220
Development
Development,
$36,800
(July -June)
(21-2726)
District No. 3
Improvements Other
Than Building
2021-22
31313260-66220
Residential
Development
Acquisition &
$15,200
(July -June)
(21-2728)
District No. 3
Development,
City Council 22 — 2 4/20/2021
Design Services for Various Projects
April 20, 2021
Fade 3
Fiscal Year
Accounting Unit
Fund
Accounting Unit -
Amount
- Account No.
Description
Account No.
Description
Improvements Other
Than Building
Residential
Acquisition &
2022-23
31313260-66220
Development
Development,
$3,500
(July -June)
(21-2726)
District No. 3
Improvements Other
Than Building
Residential
Acquisition &
2022-23
31313260-66220
Development
Development,
$1,400
(July -June)
(21-2728)
District No. 3
Improvements Other
Than Building
Residential
Acquisition &
2023-24
31313260-66220
Development
Development,
$727
(July -April)
(21-2726)
District No. 3
Improvements Other
Than Buildin
Residential
Acquisition &
2023-24
31313260-66220
Development
Development,
$929
(July -April)
(21-2728)
District No. 3
Improvements Other
Than Building
Total
$71,556
EXHIBIT(S)
1. Location Map
2. Agreement with IDS Group
Submitted By:
Lisa Rudloff, Executive Director— Parks, Recreation, and Community Services Agency
Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 22 — 3 4/20/2021
Exhibit 1
SANTA ANA Project Nos. 21-2726 and 21-2728:
P` A Pacific Electric Bike Trail Lighting Phase 2
41JNR MOK,4 LfFefv And Sandpointe Park Security Lighting
AGREEMENT TO PROVIDE ELECTRICAL LIGHTING DESIGN SERVICES FOR
PACIFICELECTRIC BIKE TRAii. PHASE 2
AND SANDPOiNTE PARK SECURITY LIGHTiNG PROTECT
'11115 AGREEMEN I is made and entered into on this 20" day of ApriL 2021 by and between
IDS Group ("Consultant"), and the City of Santa Anal ("City"), a charter city and municipal
corporation organized and existing under the Constitution and laws of llhe Slate of California.
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
cotrsu-uction matragcment and inspection services.
B. Consultant represents that Consultant is able and willing to provide such services to the
City.
Cl- In undertaking the performance of this Agreement, Consultaun represents that it is
knowledgeable in its field and that ally selvices pertirrmed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of thcmutual and respectiveprotniscs, and subject to the.
tetras and conditions hereinafter set forth. the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall pcilbini during dre term of this Atrccntcnt, the tanks and obligations
including all labor, materials, tools, equipment, and incidental customary work required to fully
and adequ<uely complete the services described and sel forth in Scope of Services - Exhibit A,
attached hereto and incorporated by reference.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for
Cily, the rate. and charges identified in Exhibit li. The total amount to be expended
under this Agreement shall not exceed 571,556 during the terra of dtis Agreement,
including any extension periods exercised under Section 3. The sum is comprised of
the base amount of $65,051 with a contingency in the amount of $6,505 for
addilional services al the Cily's sole discrelion.
b. Payment by City shall be made within 45 days (tiaty-five) days t011owing rrccipt of
proper invoice evidencing work performed, subject to City accouming procedures.
Payment need not he made for work which fails TO meet the standards of performance
set forth in the Recitals which may reasonably be expected by City. City shall main
tell percent (10%,) of the invoice amount from each payment until the completed Project
has been accepted by the City.
City Council 22 — 5 4/26I 02V 1 n
3. TERM.
This Agreement shall continence on the date first written above for a three (3) vear term
with the option for the Cite to grant tip to a two (2) one (1) vear extensions renewals, exercisable
by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance
with Section 16, below-
4. PREVAILINC WALES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq-,
and 1770, ct scq-, as well as California Cock of Regulations, Title 8, Suction 16000, et seq-,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. If the services
Living performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultanl agrees to
fully comply with such Prevailing Wagc Laws. Consultant shall defend, indemnify, and hold the
City, its elected officials, officers, employees and agents free and harmless titan any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONTRACTOR
Consultant shall, during dre entire term of this Agreement, be Construed to be an
independent contractor and not an employee of the City. This Agrccmcnt 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
pertonns true sen'ices which arc the subject matter of this Agrccmcnt 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 shrill be
responsible liar all applicable withholding
taxes -
OWNERSHIP OF MATERIALS
Thin Agreement creates a non-exclusive and perpetual license Ibr City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intcllecural 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
drare,incN or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agrecanent ('Docturternts & Data"). Consultant
shall require all subcontractors to agree in writing that City is 'ranted a 11011-CXCInS1VC and
perpetual license for any Documents & Data the subcontractor prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
I)ocunlentti & Data. Consultant makes no such representation anti warranty in regard to
DOCmnnennts & Data which were provided to CUnnSnitant by the City- City shall not be limited in
any way in its use of the Documents and Data at any time, provided that airy such use not within
the purposes intended by this Agreement shall be at City's sole risk.
City Council 22 — 6 4/26*02V 1 n
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
I
. Conuncreial General Liability Insurance. Consultant shall maintain commercial
general liabilily insurance naming the Cily, its ollicers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, bill not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resultiug from any aet
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles- The amounts of
insurance shall be not less than the lbllowina_ single limit coverage applying to
bodily and personal injury, including death resuhing therchom, and property
damage, in the total amount of S 1,000,000 per ocenrratce, with 52,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(,,), (b) be primary and not contributory
Will) respect to insurance or sell' insm-anec programs maintained by the City, and
(e) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or cquivalcrn fonts, with a combined single
limit of not less than S1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non-ov,ned autonu)hiles-
c. 1 Iorker's Compensation Insurance. In accordance with the provisions of Section
3700 of -the Labor Code, Consultant, if COtl5uhant has any employees, is required
to be ittstvcd against liability tin worker's contpatsation or to undertake self
insurance. Prior to conlmOneing the pertornlanee of the work under this
Agreement, Consullanl agrees to obtain and maintain any employer's liability
insurance with limits not less than S1,000,000 per accident-
d- if Cotsultant is or employs it licensed professional such as an architect or engineer
Prolcssional liability (errors and omissions) insurance, with a coltrbir)ed single limit
of not less than S 1.000.000 per claim with S2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall ntainlain all insurance required above in full lorce and
effect for the entire period coveted by this Agreement.
it. Certificates of itl"'manec shall be fiunishel to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall slate that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(30) days prior wtittcn notice to the City -
iv. Where the amounts or coverage provided by the certificates of insurance
provides coverage greater than those listed by this Agreement, the amounts
provided by the certificates of insurance shall be incorporated by reference
into the Agreement.
City Council 22 — 7 4/26*02V 10
V. Clntsultant 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 tails or refuses to firnish the City with required proof that insurance has
been procured and is in force and paid for, the City steal I have the right, at the City's
election, to forlhwilh lerminale this Agreement. Such termination shall nol affecl
('onsultant's right to be paid for its time and materials expended prior to notification
of tcrtnination. Consultant waives the right to toccive compertsatlOrl and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
R. INDTMNITICATION
Consultant agrees to detcod, and shall indemnify and hold harmless the City, its officers,
agents, employees, contractor, special counsel, and representatives from liability: (I ) for personal
injury, damages,,Iusl Compensation, restitution, judicial or equitable relief arising out ofclaims for
personal injury, including death, and claims firr property damage, which may arise from the
negligent operations of the Consultant, its subeontractors, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
rcliCf is due by reason of the Lerms of or CffeCLs arising front this Agrecmcm. This indennily and
hold harmless agreement applies to all claims for damages, j ust compensation, restitution, j udicial
or equitable relief suffered, or alleged to have been suttered, by reason of the evens referred to in
chi, Section or by reason of the terms of, or effects, arising from this Agrccmcnt. 'I he Consultant
IiuUler agrees to indemnify, hold harmless, and pay all costs for the delense of the City, including
fees and costs tin- special Counsel to be selected by the CiLy, regarding any aCLion by a third party
challenging the validity- of this Ag eernent, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the tetnis 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 tltC CxLCnI Consultant's services are subject to Civil Code Section 2792.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claim; that arise out of,
pertain to, or relate to the negligence, recklessness, or willhtl misconduct of the Consulrant.
9. IN'I'6:LLFCTUA1, PROPERTY INDFMNINIC'A'I ION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by COnSnlLant to the CiLy pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be perftmned
under this Agreement. COnstdtant shall maintain complete and aceuraLC records with respect to
the costs incurred under this Agrccmcnt and any services, expenditures, and disbursements
City Council 22 — 8 4/2020Ilf 1 n
CharUed to the City for a minimum period of three (3) years, or for any longer period required by
law, front the date ol' final payment to Consultant under this Agreement- All Such records and
invoices shall be clearly identifiable. 12011Snitatt Shall allow a fcpt'CSC111at1V0 Ol the City 10
examine, audit, and make transcripts or topics 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 recci%cs from the City information which duC to the nature Of such
infort cation is reasonably understood to be confidential and/or proprietary, Consuhant 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. "Conlidenlial Ill fontation" shall include all
nonpublic inlimnation- Conlidenlial inlirrmation includes not only wtittCn intormation, bill also
intonnation amstu't'cd orally, visually, clecuonically, or by other cleans. Confidential
information disclosed to either party by any subsidiary and/or agent of the outer part-v is covered
by this Agreement- The foregoing ohligations of non-use and nondisclosure steal I not apply to any
information that (a) has beat disclosed in publicly available sourecs; (b) is, through no fault of the
Consuhanl disclosed in a publicly available SOcucc; (c) is in rightful possession of the C0113uhar1l
Without an obligation of confidentiality; (d) is required to be disclosed by operation of lac; or (c)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLIC 1' OF INTERFS'I CI,AUSL
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under this
Agrcctncnl-
13. NON-DISCRIMINATION
Consultant shall not disciminatebec.ause ollace, color, creed, religion, sex, marital status,
sexual orientation, gutdu- identity, -coda- expression, guider, medical conditions, genetic
iotormaticm, or military and veteran status, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization,
promotion, termination or other employment related activities or any services provided under this
Agreement- Consultant affirms that it is an equal opportunity ciriploycr and shall comply with all
applicable fccleral, stale and local laws and rCgulatiOnS-
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and super,cdes any and all other agreements, oral or written, between the parties. In
the event of n conflict between the terns of this Agree meat and any attachments hereto, the terms
City Council 22 — 9 4/2020211f t n
ofthis Agreement shall prevail. This Agi-ecrnettt may not be modified except by written instnunent
signed by the City and by an authorized representative of Consultant. The parties agree that any
Lerins of conditions of any purchase order or other instrutnCllt that are 111CO[t9lstenl with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Bach
party to this Agreement acknowledges thal no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf ol'any
party, which is not embodied herein.
15. ASSIGNMENT
TmrSmuch as this Agrccmcnt is intended to secure the specialized sc viccs of Consultant,
Consultant stay not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, t•anster, detegadon or subcontract without
the City's prior written consent shall be considered mill and void. Nothing in this Agrccmcnt shall
he construed to limil the City's ability 10 have any of the services which are the st[biect to this
Agrccmcnt per-lormcd by City per-sonncl or by other amsill tali ts retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
tcnnination. In such event, Consultant shall be entitled to receive and the City shall pa-y COnsulutnt
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the tollowing condition;:
I
. As a condition of such payment, the Gxecttive Director may require Consultant to
deliver to the City al I work product(s) completed as of such date, and in such case
such work product shall be the progeny of the City carless prohibited by law, and
Consultant ernsctrts to the City's use thereof Ibr such purpuscs as the City dCClrrs
appropriate.
b. Payment need not be made for work which fails to tncet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or
granted by the provisions of this Agreement shall be effective unless it is in writing and signed by
the pally waiving the breach, failure, right or remedy. No waiver ofany breach, I tilure or right, or
remedy shall be deemed a waive- of any other breach, ftilurc, right or remedy, whether or not
similar, nor shall any waiver constitutee a continuing waiver unless the writing so specifics.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of Caliliintia and the validity,
interpretation, performance. and enforcement of any of the clauses of this Agrccmcnt shall be
determined and governed by the laws of the State of California. Both parties turther agree that
Orange Counly, California, shall be the venue for any action or proceeding that may be brought or
City Council 22 — 10 4l26120 V 10
arise out of, in connection with or by reason of this Agrecartcait.
19. PROFESSIONAI, LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary k)r the provision of the services hereunder
and rccluncd by the laws and rce-ulations of the Unitcd States, the State of California, the City of
Santa Ana and all other govermnental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
exemptions. Said inability shall he cause for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrant; that its signature herein below has the
power, authority and right to bind their respective parries to each of the terms of
This Agreement, and shall indemnify City fitlly, including reasonable costs and
attontey's fees, lirr any injuries or damages to City in the event that such authority
or power is not, in fact, }tcld by the signatory or is withdraw n.
h. All Exhibits referenced herein and attached hereto shall bcc ineorporatcd as if fully
sct forth in the body of this Agrecincnt.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be cleaned to be properly given it 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 Seclion, to the Billowing 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
Wittt courtesy copies to:
Nabil Saba
Executive Director, Public Works Agency
City ol' Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, Califontia 92702
Fax 714-647-5635
City Council 22 — 11 4/261202 V M
To Consultant:
Robin (Rob) O'Neil, PC
MI:P Principal
IDS trronp
1 Peters Canyon Road, Suite 130
Twine, CA 92606
(949) 3S7-S500
A party may change its address by giving notice in writing to the other party. Thereafter,
an_y annmunication shall he addresscd and transmitted to the new address_ Tf sent by mail,
conllntmicalion shall be effective or deemed to have been given three (3) day; after it has been
deposited in the United States trail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If salt by fax, communication shall be effective or deemed to have
been given twenly-Ibur (24) hours alley the time set Birth on the transmission report issued by the
transmitting facsimile machine, addresscd as set limb above_ For proposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
TN WTTNF.SS WTTF.RF.OF, the parries hereto have executed this Agreement the date and year first
above written.
ATTEST:
Daisy [nnnez
Cleric of thU Council
APPROVED AS TO FORM:
SON1A R. CARVALHO
City Attorney
Try:
Josc Montoya
Deputy City Attorney
RF.COMMF.NDF.D FOR APPROVAT.:
Nabil Saba
kxccutive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
CONSULTANT:
.................................
Roam O'Neil, PE
MLP Principal
City Council 22 — 12 4/202011f t n
EXHIBIT A
SCOPE OF SERVICES
City Council 22 — 13 4l20/217t41:, 9 of M
Appendix
A 1" 1'AC H M F.N'1' 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
FLF,CTRICAI, LIGHTING DESIGN SERVICES FOR
PACIFIC ELECTRIC BIKE TRAIL LIGHTING PHASE 2
& SANDPOINTE PARK
RF+P No.: 20-129
Introduction and Descrinlion of Work
The City desires to continue its efforts in inslalling security lighting systems by using the same
hardware and fixtures as those recently installed by the manufacturer Ameron international
Corporation at: Pacific Electric Bikc Trail Phase I (McFaddcn Avc to Occidental St) and
Saddleback View Park (sec attachment 5).
flit specitic works to be included are as follows:
- Paci fic Heclric Hike 1'raiI — Phase 2 (Occidental Street to Wenner Avenue) is the soulhern
phase li-om Pacific Electric Bikc Trail — Phase 1 project lion McFaddcn AVOtltic h>
Occidental Street_ Same type of lighting will be continued and shall be designed for the
entire length of the Pacific Electric Bike Trail from Occidental Street to Warner Ave. The
trail currently does not have an electrical nor lighting system. Electrical connection points
shall bec verified and proposed for installation accordingly. Alignment of lighting fixtures
shall face towards the bike trail path and maintain a consistent distance from the edge of
pavement fr. All lighting will be 16 feet from the ground and anti -graffiti coat will be used
for every light fixnlre and its base. (Sec Attachment 4, ILxhibit I ).
- Sandpointe Park currently does not have electrical not lighting system. Thee electrical
connection point shall be verified and proposed fur installation accordingly. The lighting
system shall he hard -wired, coated in anti -graffiti coat, 16 feet from the ground, and will
hang towards the meandering walkway. All Cxistinu lights will be replaced and the
location can be modified depending on the developed photometric diagram for the park.
Alignment of lighting flxnnes shall maintain a consistent distance from the edge of the
meandering walkway for aesthetic purposes (sec Attachment 4, I;exhibit 2)-
City Council City of Santa Ana ft�Y 20-429 4/20/2021
Page Al-1
Minimum Reauirement
.I'lie responsible -charge of the prefects shall be a licensed professional elect iad engineer and shall
sign and stamp all plan sheets, the title sheet of the specifications, calculations, and reports.
Proiectscope
The project scope involves the preparation of PS&F: Ibr new electrical and security lighting
systems at_ I ) Pacific Electric Bike Trail — Phase 2-, and 2) Sandpointe Park.
CityCouncil City of Santa Ana 4/20/2021
Page Al -2
Consultant Responsibilities:
The Consultant's responsibilities include the f dlowing:
Task 1: Pre[itninarh ErrgineerhW
Pretiminary Engineering shall include kick-off meeting with City Staff to discuss scope of work,
project required tasks and objectives, potential clenents and issues, and .schedule. Preliminary
Engineering will also include field work and subsequent meetings with City Taff as required for
preparation of site plans_
Project required tasks include, but ma_y not be limited to:
• Identify the locations where all of the above ground equipment and light standards will be
installed..
• Tdentify where all the underground utilities are located to eliminate field conflicts.
• Coordinate with Southern California Edison from application filing ( trough construclion and
until the lights arc lit.
Task 2: Design Dureiopment (30% puns)
Design development will involve the development of electrical system improvements for security
lighting as outlined in the preliminary engineering phase to address project required tasks and shall
include preliminary electrical engineering plans and cult estimate_ Should project scope exceed
available budget, project plans/specifications will be value enginccicd or phased as appropriate.
Electrical design lacks shall include, but may not be limited to.
• Title Sheet (City provide template)
• Flectrical & T.ighting plans
• I'hottmrerric.
• Load and Diagram schedule
• Details and notes
Task 3: Construction Documents (85%, and 100% plans)
Construction Doctrnrents shall include finalizing Design Development plans, obtaining plan check
approvals and securing permitting. Ibis includes the provision of detailed engineering and
construction drawings that will serve as the basis for both bid advcnisenrerrt and anrstruction.
Consultant shall also provide updated cost estirnale which shall retied finalized plans, materials,
systems, details of construction, and known or anticipated changes in the bidding market relative to
The project.
Project required tasks shall include, but may not be limited to:
• Plans and Spccifiartions (Contraci Documents) shall be reviewed at 851;, and I00°/..
• Updated Cost Estimate shall be provided. Project phasing may need to be considered and
Contract Documents may need to be suventred accordingly pending available construction
funding.
• Review sets shall be provided in .pdf format.
• Final plans shall be provided in Micro Station VYi limnal and .pdt' formal.
City Council City of Santa Ana Rff 20-629 4/20/2021
Page Al-3
• Technical Specifications shall be written using Microsoft Word. The City will provide the
specification hailer plate to the Consultant-
• Quantity calculations shall be provided for items that are applicable to this project, and
prepare and provide cost estimates at milestone stages.
• A list of contract pay items with the descriptions and estimated quantities shall be provided
for inclusion in Bid Proposal and Definition ol' Bid Items of City Boiler Plate.
• All plan sheets and the title sheet of the speeilicatiotrs, calculations and reports shall be
signed and stamped, including license number and expiration date, by the CotSulralll'5
State of California Registered Professional Engineer in the field of Electrical Engineering
responsible for the project.
• Coordinate plan check with the City of Santa Ana and other agencies including but not
limited to City of Santa Ana Public Works Designs and Parks Rccrcation & Community
Services Division.
Task d: Rid Advertisement, Construction Administration, Record Drawin,s:
/f requested, Crnasidraw shall Provide support during bid adnernsetnent road COn$trnetiprl, mud
hruvide record drawings as described below.
Ilid Advertisement:
Tfreymwted, t'anotitcrntshulk
• Respond to written Requests for Tnfonnalion (RFT) to provide clarification or resolve
discrepancies in the contract document. Responses shall be completed within three (3)
working days.
• Revicti addenda.
• Attend pre -bid meeting.
Consu-uclion Supporl:.411 coiwmetinn suititort work shall heat the rcxytrc;ct (rjand coordinated
by the City o1 Santa . Ina. As requested, Consultant shall:
• Attend the pre -construction meeting-
• Rcvicw and approve sttbmirtals, as requested- If requested, Consultant shall complete
submittal reviews vtithin one (1) weeks of receipt.
• Provide periodic field reviews and bring to the attention of the City of Santa Ana any
defects or deficiencies in the work by the construction contractor which the Consultant may
observe. The Consultant shall have no authority to issue instruction on behalf ol'the Cily
of Santa Ana, or to depulize another to do so-
• Be available as requested by the City to resolve discrepancies in the contract doi nnetrtS.
Consultant shall bring, to the attention of the City any defects or dcticicncics in the work
by the construction contractor which the Consultant pray observe. Consultant shall have
no aulhority to issue instruction on behalfol the City, or to deputize another to do so.
• Furnish, at the consultant's sole cost and expense, al neces.,ary drawings for con-ections
turd change orders required by e1T0r-s and omissions of the Consuhant. Hecu-onic files for
the change orders shall be submitted to the city for duplication and distribution.
City Council City of Santa Ana Rff 20rJ29 4/20/2021
Page Al -4
Record Drawings / As-Hnilt flans:
• 11pon completion of construction, the record drawings kept by the General Contractor shall
be IL lled Deer to the Consultant for preparation of "as -built" plans. The CmisLLltant shall
incotpotate all changes to the plans electronically with all necessary revision notations.
Onec plans have been updated, nn electronic file shall be submitted to the Cit_v in
Microstation V8i CARD and pdf formats of the final as -built drawings via CD, c-mail, or
through an F I P rile.
Fee Proposal:
In addition to Sectiun III.B.3 (Submittal Requirements: Pce Proposal) Ice schedule shall be structured
to correspond to the above mentioned tasks as follows:
Task I: Pre -Design
Task 2: Design Development
Tusk 3: Construction Documents
Task 4: Bid Advertisement, Construction Administration, Record Drawings
I olal H ec (for each projecl):
Fee schedule for each task should inelucle an hourly breakdown that corresponds to the task total for
cacti project.
City Responsibilities
The City will be responsible for the lollowing items:
• Furnishing electronic design file with City title block and title sheet (24" x 36")
• Providing standard City builet3)latc specification.
• Processing plans for govermnental agency approvals having jurisdiction over the project.
• Providing support with the application process with Soutltcrrt Calitixnia Edison.
• Meting as a liaison with the appropriate decision making bodies, as necessary.
• Providing standard invoice template.
PAYMENT AND INVOICING:
Selected Consultant shall invoice: the City based on time and material according to the Cit_y's
standard invoice lemplate. Tasks and hours shall be clearly identified and all rates most match
those included in the approved agreement_ City shall retain ten percent (10P%) of the invoice
amount from each payment until the completed Project has beat accepted by the City.
City Council City of Santa Ana Pff 201-829 4/20/2021
Page Al -5
Pacific Electric Bike Trail —Phase 2. Sandnointe Park
RFP No.20-129
Elm,
Our mission at IDS is to deliver a quality project to our clients. To achieve this goal, a carefully thought out plan, in
which both client and IDS agree on the project scope and an approach that will result in a successful project.
The project scope involves the preparation of Construction Documents suitable for bidding and plan check approval to
include new electrical and area lighting systems for Pacific Electric Bike Trail and Sandpointe Park.
The following is a step-by-step approach that was outlined in the City of Santa Ana's RFP and that IDS has
implemented on many successful projects as well.
Task 1: Preliminary Engineering:
Preliminary Engineering shall include one Kick-off meeting with City Staff to discuss scope of work, project required
tasks and objectives, potential elements and issues, and schedule. Preliminary Engineering will also include field work
and subsequent meetings with City staff as required for preparation of site plans.
Engineering and Design tasks include, but may not be limited to:
• Identify the locations where all of the above ground equipment and light standards will be installed. City shall
provide topography maps,
• Identify all the underground utilities are located to eliminate field conflicts. IDS will utilize our in-house Civil
Engineering, and
• IDS will coordinate with Southern California Edison (SCE) from application filing through construction and until the
installation is complete and system is energized from SCE. Our proposal assumes electrical service upgrade is
required for both projects.
Task 2: Design Development (30% plans)
Design development will involve the development of electrical system improvements for security lighting as outlined in
the preliminary engineering phase to address project required tasks and shall include preliminary electrical engineering
plans and cost estimate. Should project scope exceed available budget, project plans/specifications will be value
engineered or phased as appropriate.
Engineering and design required tasks shall include, but may not be limited to,
• Title Sheet (City provide template)
• Electrical & Lighting plans
• Photometrics
• Pancl schedules
• Single line diagrams
• Details and notes
• Structural Calculations and details for lighting pole base foundations as required
• Preliminary Cost Estimation
.AA 1 GRDUP Paye 1a
Pacific Electric Bike Trail —Phase 2, Sandpninte Park
RFP No.20-129
Task 3: Construction Documents (85% and 100% plans)
Construction Documents shall include finalizing Design Development plans, obtaining plan check approvals and
securing permitting. This includes the provision of detailed engineering and construction drawings that will serve as the
basis for both bid advertisement and construction. IDS shall also provide updated cost estimate reflecting finalized
plans, materials, systerns, details of construction, and known or anticipated changes in the bidding market relative to
the project.
Engineering and design required tasks shall include, but may not be limited to:
• Plans and Specifications (Contract Documents) shall be reviewed (with the City staff) at 85% and 100%.
• Updated Cost Estimates. Project phasing may need to be considered and Contract Documents may need to be
structured accordingly pending available construction funding.
• Review sets s provided in PDF format.
• IDS will provide final plans in Micro Station V8i format and PDF format.
• IDS will prepare the Technical Specifications in Microsoft Word, using the City provided boiler plate.
• Quantity calculations shall be provided for items that are applicable to this project, IDS will prepare and provide
cost estimates at milestone stages.
• A list of contract pay items with the descriptions and estimated quantities shall be provided for inclusion in Bid
Proposal and Definition of Bid Items of City Boiler Plate.
• All plan sheets and the title sheet of the specifications, calculations and reports shall he signed and stamped,
including license number and expiration date, by IDS' State of California Registered Professinnal Engineer in the
field of Electrical Engineering responsible for the project.
• Coordinate plan check with the City of Santa Ana and other agencies including, but not limited to, City of Santa
Ana Public Works Design and Parks Recreation & Community Services Division.
Task 4: Bid Advertisement, Construction Administration, Record Drawings:
If requested, IDS shall provide support during bid advertisement and construction, and provide record drawings as
described below -
Bid Advertisernent,
If requested, IDS shall:
• Respond to written Requests for Information (RFI) to provide clarification or resolve discrepancies in the contract
documents. Responses shall be completed within three (3) working days,
• Review addenda, and
• Attend pre -bid meeting.
Construction Support
All construction support work shall be at the request of and coordinated by the City of Santa Ana. As requested, IDS
shall -
AA r GRDUP Pasre 20
Pacific Electric Bike Trail —Phase 2. Sa0ID010e Park
RFP No.20-129
• Attend the pre -construction meeting.
• Review and approve submittals, as requested. If requested, IDS shall complete submittal reviews within one (1)
weeks of receipt.
• IDS will provide periodic field reviews and bring to the attention of the City of Santa Ana any defects or deficiencies
in the work by the construction contractor which the Consultant may observe. IDS shall have no authority to issue
instruction on behalf of the City of Santa Ana, or to deputize another to do so.
• IDS will be available- as requested by the City, to resolve discrepancies in the contract documents. IDS shall bring
to the attention of the City any defects or deficiencies in the work by the construction contractor which the
Consultant may observe. IDS shall have no authority to issue instruction on behalf of the City, or to deputize
another to do so.
• Furnish, at the consultant's sole cost and expense, all necessary drawings for corrections and change orders
required by errors and omissions of the Consultant. Electronic files for the change orders shall be submitted to the
city for duplication and distribution.
Record Drawings I As -Built Plans:
Upon completion of construction, the record drawings kept by the General Contractor shall be turned over to the
IDS for preparation of "as -built' plans. IDS shall incorporate all changes to the plans electronically with all
necessary revision notations. Once plans have been updated, IDS will submit an electronic file to the City in
Microstation V8i CADD and pdf formats of the final as -built drawings via CD, e-mail, or through an FTP site.
.�: 1 GRDUP Page 21
EXHIBIT B
COMPENSATION
Fee Proposal including hourly rates if applicable
City Council 22 - 22 4/20/n2l-1 10 Of I n
rSubmitted by,
City Count- 1U,O VROUP P2 i;-'9C9.387.8500 ® wwW.idsgi
jr.�
November 24, 2020
City of Santa Ana, Public Works Agency
20 Civic Center Plaza, Ross Annex, 3rd Floor Reception
Santa Ana, CA 92701
Attn: Mr. Kenny Nguyen, Project Manager
SUBJECT: Fee Proposal to Provide Electrical Lighting Design Services for Pacific Electric Bike Trail —Phase 2
and Sandpointe Park, RFP No. 20-129
Dear Mr. Nguyen and Members of the Selection Committee:
IDS Group (IDS) is pleased to submit our Fee proposal to complement our Technical proposal to provide electrical
engineering services in response to the City of Santa Ana's Request for Proposal for Electrical Lighting Design
Services, RFP No. 20-129.
Our proposed project hours and fees are presented herein. Our Fee Proposal includes the standard reimbursable
expenses as listed below our hourly rates.
Our breakdown for each park is as follows:
Pacific Electric Bike Trail, Phase 2 $46,035
Sandpoint Park $19,016
Shnuld you have any questions or roncerns relating to our fees, please feel free to contact Mr. Rohin O'Neil, PE, MEP.
ID$ Group, Inc.
ii�Sililn (Rob) O'Neil, PE
MEP Principal
City Coupciy ? ?�4 4/20/2021
1 Pet+ r, ,n/t,n h n �uih� 1 t0, Irvine, nhta�rnia i1 ♦ ( I # ��,iiq) ♦ F 9r, 1 3i37.p�1(ll�ll ♦ www sgi.com
Pacific Electric Bike Trail — Phase 2, Sandpointe Park
RFP No.20-129
Pacific Electric Bike Trail Phase II
Preliminary Engineering
�®
72
$9,624
Design Development
117
$13,827
Construction Documents
198
$15,591
Bid Advertisement. Construction Administration, Record Drawings
36
$4.663
Reimbursables
$2,400
Totals
353
$46,035
Sandpoint Park
Preliminary Engineering
HoursTask Total Team
21
$2,666
Design Development
51
$5,728
Construction Documents
53
$6,321
Bid Advertisement. Construction Administration. Record Drawings
16
$1.901
Reimbursables
$2,400
Totals
141
$19,016
Pacific Electric Bike Trail — Phase 2, Sandpointe Park
IDS Group, Inc.
2020 Rate Sheet
Principal
Associate Principal
Senior Project Manager I Associate
Project Manager
Senior Architect or Engineer
Senior Cost Estimator
Project Architect or Fngineer
Designer Architect or Engineer
Engineering Designer- BIM
Two Man Survey Crew
Architectural Job Captain I Designer
CAD Drafting Engineer I Architect
Office Administration
RFP No.20-129
$190
$178
$168
$157
$146
$135
$135
$120
$105
$250
$100
$90
$55
Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title
company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and
reprographics/ illustrations that may be required for community or other stakeholder presentation, shall
be billed to the owner at Consultant's direct cost plus 5%.
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
April 20, 2021
TOPIC: Design and Construction Services for the 171" Street Triangle Park Renovation
AGENDA TITLE
Approve Agreement with Little Diversified Architectural Consulting Inc. for Design and
Construction Services for 171" Street Triangle Park Renovation in an Amount not to
Exceed $81,323 for a Three -Year Term (Project No. 21-2741) (Non -General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Little Diversified Architectural
Consulting Inc. to complete plans, specifications, and a cost estimate for the 17"' Street
Triangle Park Renovation Project in the amount of $73,930, with a 10 percent contingency
of $7,393 in an amount not to exceed $81,323 for a three-year term beginning April 20,
2021 and expiring April 19, 2024, with an option for two, one-year extensions, subject to
non -substantive changes approved by the City Manager and City Attorney.
DISCUSSION
On January 12, 2021, the Public Works Agency released Request for Proposal (RFP) No.
20-130 to seek the services of a professional engineering firm to provide complete plans,
specifications, and a cost estimate for the design of a steel overlook deck at 1 V, Street
Triangle Park that deters encampments and will withstand fire damage. This proposed
project focuses on the reconstruction of the boardwalk deck overlook, riparian
landscaping, lighting, and signage (interpretive and mile markers).
The RFP was advertised on the City's online procurement management and publication
system, with proposals due on February 2, 2021. Three proposals were received and
evaluated by a selection committee. In accordance with the qualifications -based
selection process, the fee schedule was opened for the top -ranked firm following proposal
evaluation. Based on criteria outlined in the RFP, the following summarizes the
responding firms and their ranking.
City Council 23 — 1 4/20/2021
Design and Construction Services for the 17th Street Triangle Park Renovation
April 20, 2021
Page 2
Firm
City
Rank
Little Diversified
Newport Beach
1
Hirsh & Associates
Anaheim
2
IDS
Irvine
3
Staff recommends awarding an agreement (Exhibit 2) to Little Diversified Architectural
Consulting to provide design engineering services based upon the scope of work and
selection criteria outlined in RFP 20-128. Their proposal demonstrated the firm has the
necessary capacity and expertise to complete the required services on an expedited
grant -funding deadline. The firm's rates are reasonable and within industry standard, the
team qualifications are appropriate for this project, and the proposal was determined to
provide the best value for the City.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Funds are budgeted and available for expenditure in the current Fiscal Year 2020-21
Capital Improvement Program (Project No. 21-2741). The table below indicates the
estimated expenditures by fiscal year. Any remaining balances not expended at the end
of the agreement term will be carried forward for expenditure in the event the optional
extension periods are exercised
Fiscal
Accounting Unit
Fund
Accounting Unit -
Year
- Account No.
Description
Account No.
Amount
Description
Santa Ana River
2020-21
16113263-66220
PRCSA Capital
Conservancy Program,
$10,000
(April -June)
(21-2741)
Grants
Improvements Other
Than Building
Santa Ana River
2021-22
16113263-66220
PRCSA Capital
Conservancy Program,
$63,930
(July -June)
(21-2741)
Grants
Improvements Other
Than Building
Santa Ana River
2022-23
16113263-66220
PRCSA Capital
Conservancy Program,
$6.393
(July -June)
(21-2741)
Grants
Improvements Other
Than Building
Santa Ana River
2023-24
16113263-66220
PRCSA Capital
Conservancy Program,
$1 000
(July -April)
(21-2741)
Grants
Improvements Other
Than Building
City Council 23 — 2 4/20/2021
Design and Construction Services for the 17th Street Triangle Park Renovation
April 20, 2021
Page 3
Fiscal
Accounting Unit
Fund
Accounting Unit -
Year
- Account No.
Description
Account No.
Amount
Description
TOTAL:
$81,323
EXHIBIT(S)
1. Location Map
2. Agreement with Little Diversified Architectural Consulting
Submitted By:
Lisa Rudloff, Executive Director— Parks, Recreation, and Community Services Agency
Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 23 — 3 4/20/2021
Exhibit 1
SANTA ANA Project No. 21-2741
P` A 17th Street Triangle Park Renovation
o,iN q wpcxg •f•Frvrr
AGREEMENT TO PROVIDE ENGINELIUNG SLRVICLS
FOR THE 17TH STREET TRiANCITLAR PARK RESTORATION PROJECT
THIS AGREEMENT is made and entered into on this 20th day ol' April, 2021 by and between Little
Diversified Architectural Consulting, Inc. ("Consultant"), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of California
("City").
RECITALS
A. On January 12, 2021 the City issued Request for Proposal No. 20-130. by which it sought a
Consultant to provide a complete Plans, Specifications, and Cost Estimate (PS&E) package for the
17th Strcct Triangular Parl, Restoration Pro.lect_
B. Cortsultant srnbmittcd a responsive proposal that was selected by the City. Consultant represents
that it is able and willing to provide the services described in the scope of work that was included
in I{hp No. 20-130.
C. fit undertaking the performance of this Agreement, Consulaant represents that it is knowlccigeable
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 it 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:
I. SCOPE OI,' SERVICES
Consultant shall perform the services described in the scope of work that was included in RfT No.
20-130, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal,
which is attached as Exhibit R and incorporated in full_
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City.
the rates and charges identified in hxhibir C. The total amount to be expended under this
Agreement shall not exceed $81,323 during, the teen of this Agreement, including any
extension periods. The sunr is comprised of (1) the base amount of $73,930 and (2) a 100/)
contingency in the amount of 57,393 for additional services at the City's sole discretion.
b. Payment by City shall be made. within 45 days (forty-five) days following receipt of proper
invoice evidencing work pert'ornncd, suUject to City aceountin.0proectlures_ Payment need not
be made for work "hick fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
City Council ' -,- ' —18 — 5 4/20/2021
j. TLRM
This Agrcconent shall commence on the date lint written above and terminate on April 11), 2024,
ilrlless terminated earlier in accordance With Section 16, bcluw. The term of this Agreement may be
extended for two 1-year periods upon it writing executed by the Cky Manager and Cily Attorney.
4. VIONAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770,
et seq., as well as Califtmia Code of Regulations, Title R, Section 16000, et seq., ('Prevailing Wage
Laws"), which require the payment of prevailing wane rates and the perfonnnice of other requirements
on "public works" and "maintenance" projects. if the services being perlorned are part (-'fall applicable
"publie works" or "maintenance" project, as detined by the Prevailing Wage Laws, and the total
compensation is $1,000 or more. Consultant agrees to fully comply with such Prevailing Wage Laws.
Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agenls
free and harmless from any claim or liability arising out of any failure or alleged failure to comply with
the Prevailing Wage Laws.
S. INDEPENDENT CONTRACTOR
(,unultant shall, during the entire teen of this Agreetent, be construed to he an independent
Couuacwr zinc] not an conpluyce of doe City. This Agreement is not intended nor shall it be cunstrucd lu
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 perinrms the services which are
the subject matter of this Agreement; however, the services to he provided by Consultant shal I be provided
in a rnanncr consistent with all applicable standards and regulations governing sttclr services. Consultant
shall pay all salaries and wages, employers social sCCurity taxes, uricmploymctn iltsurance and similar
taxes relating to employees and shall be responsible for all applicable withholding taxes.
G. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license tier City tit copy, use, ulodity, reuse,
or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specification,~, sludies, drawings, estimates, and oilier documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data nrarrnetically or
othcttivisc recorded on computer diskctics, Which arc prepared or caused to be prepared by Consultant
under this Agreement ("Documents & Data"). Consultant shall require all Subcontractors to agree in
writing that City is granted a non-exclusive and perpetual license for airy Documems &. Data the
subconn actin -prepares Under this Agreement_ Consultant represents and warrants that Consultant has the
legal tight to license any and all DoCUnnents & Data_ Consultant Makes no such representation and
warranty in regard to Documents & Data which wac provided to Consultant by tltc City. City shall not
be limited in any way in its use of the Documents and Data at any tine, provided that any such use not
within the purposes intended by this Agreement shall be al C'ity's sole risk.
City Council ' -,- " —18 — 6 4/20/2021
7. INSURANCE
Prior to undCrtaking perlurrnancc of wotic undo this Agrccusnt, Consultant shall maintain and
shall require its subcontractot's, it any, to obtain and maintain insurance as described below:
a. C'omnncrcial General Liability Insurance. Consultant shall maintain conuncrcial general
liability insurance naming the City, its oflicers, employees, agenU, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claim,; arising* fiorrt bodily and personal injury, irtcludirtg death resulting thcrcfrom
and damage to property, resulting from any act or occurrence arising out of Consuhant's
operations in the performance of this 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 therefi-orn,
and property damage, in the total amount of $1,000,000 per occunTnCC, with $^_,000,000
in the aggregate. Such insurance shall (a) name the City, its ofticers, employees, agents,
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'inuu-eds provisions.
b- Business automobile liability insurance, or equivalent Iornr, 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. Worker's Compensation Insurance. In nccordnnce with the provisions of Section 1700 of
the Labor Code, Consultant, it Consultant has an,y employees, is required tin be insured
against liability for worker's compensation or to undertake self-insurance- Prior to
convncncing the pen-formanec of the work under this Agreement, Consultant agrees to
Obtain and maintain any employer's liability insurance with limits not less than $1,000.000
per accident.
d. if Consultant is nr employs a licensed professional such as an architect or engineer:
Professional liability (elror-s and omissions) insurance, A ith a combined single limit of not
less than $1,000,000 per claim with $2,000,000 in the aggrcgatC-
e- The following requirements apply to the insurance to be provided by L0115nhatn pursuant
to this section:
i. Consultant shall naintain all insurance required above in bull force and effeet for
Lhe entire period covered by this Agreennenl.
ii- Certificates ul' insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the C'ity-
iii. Certificates and politics shall state that the policies shall riot be canceled or reduced
in coverage or changed in rmy other material aspect without thirty (30) days prior
written notice to the City-
iv- Where the amounts or coverage provided by the certificates of inuuranCe provides
coverage greater than those listed by this Agreement, the amounts provided b-y the
eertiticatcs of insurance shall be incorporated by retetence trick) the Agrcancnt-
v. Consultant shall supply City with a fully executed additional insured endorsennent.
f. IfC'onsullanl Ilils or relilses to produce or nnainlain the insurance required by this section
or fails or refuses to furnish Lhe City with required proof that insurance has been proCured
City Council ' — 7 4/20/2021
and is in force and paid for, the City shall have the right, at the C'ity's election, to forthwith
tenninate this Agreement_ Such Lennination shall not of lect COtlsarlLLUIC3 tight to be paid
lot its time and materials expcndcel prior to notification of tututination_ Consnhanl waives
the right to receive compensation and agrees to indemuty, the City for any work pertormed
prior Lo approval of insurance by the Cily.
8. INDENINIFICA VION
Consultant agrees to defend, and shall indernify and hold harmless the City, its officers, agents,
employees, contractors, special counsel, and representatives from liability: (1) for personal injury,
damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal
injury, including death, and claims for property claniage, which may arise from the negligent operations
of the Consultant, its subcontractors, agents, employees, or other persons acting on its bchalt which relates
to the services described in section 1 of this Agrceinent: 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 Agrecanent This indemnity and hold hanmless agrecaractu applies to all claims for
damages, just compensation, restitution, judicial or equitable relict suffcrcd, or alleged to have been
suffered, b_y 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 aga rees to indemnify, hold harmless, nd pay al I 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 Lhis Agreemem, or asserting that personal it>jUuy-
datuagcs,-1 ost cornpcnsalion, restitution,,ludicial or cquitablc rclicfduc to personal or property rights ar iscs
by reason of the terms of, or effects arising trom this Agreement. City may malce all reasonable decisions
Willi respect to ifs representation in any legal proceeding. Nolwidislanding the foregoing, to the extent
COt15LLln1111,'S services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to
the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of the CUnSLdtant.
9. INTELLECTUAL PKOPEK`1'Y INDEMNIFICATION
Consultant shall defend and indemnify the City, it_, officers, agent.;, representatives, and employees
against any and all liability, including costs, for infiingancnt of any United States' letters patent,
trademark, or copyright infringement, includinc costs, contained in the work product or documents
provided by Consultant to the Cily pursuant to Ibis Agreemenl.
10. RECORDS
(:onsnitant shall keep records and invoices in connection with the work to he performed ender this
Agreement. Cmistdtant shall maintain complete and accuale records with respect to the costs inctu-r-ed
Under this Agreement and any services, expenditures, and disbursement, charged to the City for a
minianum period of tluec (3) years, or fin- any longer period rcgttircd by law, from the date of final pxymcnt
to Consultant under this AL)rcement. All such records and invoices shall be clearly identifiable.
Consttl(ant shall allow a represenialive of the City to examine, audit, and make uanscripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hotu-s_
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 payrncrn to Consultant under this
City Council . `''v ' "18 — 8 4/20/2021
A greenr ent-
11. CONFIDENTIALITY
IrConstillam receives hom the C'iiy informalion 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 fitrdtcr agrees to exercise the
saute 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,
eleco-onically, or by other means- Confidential inronmation 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 inturrnation 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 righthll
possession or the Consultant wilhout an obligation or confidentialily, (d) is required to be disclosed by
operation of law; or (c) is independently developed by the Consultant without reference to infonnatirnr
disclosed by the City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no imeresu and shall not have interests, direct or
iuducct, "Lich would conlict in any manner with perlurmancc of sctviccs specified under this
Agreement.
13. NUN -DISCRIMINATION
Cottsuhanl shall not discriminate because of race, color, creel, 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, ,election, teaching, u-aininn, utilization, promotion, tennination or other
employment related activities or ally services provided under this Agreement. Consultant affirms that it is
art equal opportunity employer and shall comply with all applicable federal, state and local laws and
rcgu l au o n s.
14. FXCL11SIVITY AND AMFN1)MENT
This Agreement represents the complete and exclusive statement between the City and Consultant,
and supersedes any and all other agreements, oral or written, between the parries- To the event of n conflict
between the teens of this Agreement and any m attachments hereto, the terms of this Agreement shall prevail.
This Agreement tnay not be modified except by written instrument signed by the City and by an authorized
represcntative ol'Consultant- The parties agree than any terms or conditions ol'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 Ibis Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting
oil hchalf of any parry, which is not embodied herein -
City Council ' "'_ : "18 — 9 4/20/2021
15. ASSIGNMENT
luasnnuch as this Agrccmcnt is intended to sccurC the specialized services oC Consultant,
Consultant may not assign, tran3fet, delegate, or subcontract any interest herein without the prior written
consenl of the Cily and any such assignnaenl, transfer, delegation or subconuacl without the Cily's prior
written consent shall be considered null and void. Nothing in this Agreement shall be conshued to limit
the City's ability to have any of the services which arc the subject to this Agrccmcnt performed by City
personnel or by other consultants retained by City.
16. `1'ERMINA,riON
This Agreement may be terminated by the City upon thirty (30) days "mitten notice of termination.
In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation tun
all scwiccs performed by Consultant priorto receipt ofsuch notice ofter•mination, subject to the following
conditions:
a. Asa condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be thcc property of the City unless prohibited by law, and C.OnSnitanl consents
to the Citv'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 Agrccmcnt.
17. WAIVER
No waiver of breach, failure of ally condition, or any right or remedy contained in or granted by
the previsions of this Agreement shall be effective unless it is in writing and signed by the party waiving
the breach, failure, tight or remedy- No waiver of any breach, failure or right, or remedy shall he deemed
a waiver oh any other breach, lailure, night or remedy, whcthcr or not similar, nor shall any waiver
COnStitLLle a COnlinning waiver unless the writing 3O 3pCCifiC3.
18. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of Calitbrina and the validity,
interpretation, pa-&armance, and entbrecnacnt of any of the clauses of this Agrecmaat shall be determined
and governed by the laws of the State of California. Both parties fnrdicr agree that Orange County,
California, shall be the venue for any action or proceeding that may be brought or arise out of, in
cormcction with or by reason of this Agrecment-
19. PROFESSIONAL LICENSES
C:onsttllant shall, throughout the lean of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by
tltc laws and regulations of the iJnitcd Stares, dte State of California, tltc City of Santa Ana and all other
governmental agencies. Consultant shall notify the City immediately and in writing of its inability to
obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability sliall be
City Council ' -,- —18 — 10 4/20/2021
cause for terinination of this Agreement-
20. MISCELLANEOUS PROVISIONS
I
. 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 tcrnn, ofthis Agreement,
and shall indemnify C'ily fully, including reasonable costs and attorney's lees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held by
the signatory or is withdrawn.
b. All Exhibits relcreneed herein and attached hereto shall be incorporated as if Billy set forth
in the body of this Agreement.
21. NOTICE
Any notice, render, demand, delivery, or other communication pursuant to this Agreement shall be
in writing and shall be ilccined to be properly given if delivered in pc son or mailed by first class or
certified mail, postage prepaid, or sent b-y 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 Canter Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702- 1988
Fax: 714- 647-6956
With courtesy copies to:
Nabil Saba
FF,xeCniVe Director, Public Work, Agency
City of Santa Ana
20 Civic Center Plaza (M-2I )
P.O. Box 1988
Santa Ana, California 92702
Fax: 714-647-5615
To Consultant:
Fiarsin Bet Govarger, PF.
Litttc Divcrsilicd Architectural Consultin-, Inc.
1300 Dime Street, Suite 100
Newport Beach, CA 92660
Office- 949-69R-1400
Fax: 949-698-1433
City Council . `,- , —18 — 11 4/20/2021
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 snail, 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_
IN WITNESS WHEREOF, the patties hereto have executed this Agreement the (late and year first above
written.
ATTEST:
Daisy Gomez
Clerk of' the Council
APPROVED AS TO FORM:
SONIA R. CARVALI10
CityAttorney
John M. Funk-
Sr- Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Nabil Saba
Executive Director
Public Works Agency
CITY OF SANTA ANA
Kristine Ridge
City Manager
Studio Principal - Land Development
City Council - 'In- " -23 — 12 4/20/2021
EXHIBIT A
INTRODUCTION AND DESCRIPTION OF WORK
The 17"' Street Triangular Park is a parcel of developed land along the east side of the Santa Anti
River, north of' 17"' Street- Tbis project will address the goals of The Strata Ana River Vision Plan,
which was adopted by City Council on August 7u', 2006, has identified this property as an area of
opportunity to enhance trail access to Ldna Park as well as habitat restoration, interpretive
information and scenic enhancement to nail users.
This facility was originally constructed to fulfill a goal set by the Santa Ana River Vision Plan.
Since the 2014 installation, the wood deck overlook and surrounding site have been destroyed by
lire and vandalism. See Attachment 4 for as-buill plans, location map and photos. The new
construction will involve steel construction of the overlook deck and a design that is not prone to
encaaupments. Tbis proposed project is concc iu-acing on the rcconstruction of 1) Boardwalk Deck
overlook; 2) riparian landscaping; 3) lighting; and 4) signagc (interpretive and mile markers).
The propose(Tproject is located on a site owned by ( )range County Flood Control District (County).
The city has an agreement with the County for Operation and Maintenance. The jcope of work
shall include the following criteria, including, bulnot limited to:
Boardwalk Deck Structural hoprovancnts:
• Designing new steel hoardwalk deck
• Providing Cily design options to preventing people from occupying the area
underneath the deck
Landscaping and lrrigation Work:
• Designing new Landscaping
• lnvestigating whether existing irrigation system can be restored or a new
rri =:Minn system must he installcl.
Electrical Work:
• Investigating whether any existing deco ical system can be restored or it new
electrical system is required for the proposed lighting
Site Furniture and Si nave:
• Reusing the existing site tirnrilure (ifpossible)
• Tnstalling new signagc
City Council City of Santa Ana Pff20FA30 4/20/2021
Page Al-2
CONSULTANT SERVICES:
Consultant shall be responsible lox the preparation and Submittal of the I'SStF, package through
completion with the approval h-oun City to release fur eonsu-uction. Thin shall include, but not limited
to, survey, civil engineering, geotechnical investigation and repoit (tor suils analysis), electrical
engineering. Any additional tasks deemed necessary by the Consultant shall be clearly identified in
the proposal.
A. PROJECT COORDINATION. The Consultant shall be fully responsible for the overall
management and coordination for the project, which may include, but is not limited to project
development term meetings, liaison uith affected agencies, and utility companies- Prepare
progress report and sche(ule, securing permits for all field studies and any other required
permits from other agencies -
It. UTILITV COORDINATION. The Consultant shall be responsible for any necessary utility
coordination efforts, including but not limited to coordination with I-Aison for any electrical
service connections necessary for the project-
C. RECORDS RESEARCH. Research all information pertinctn to the project including, but not
limited to existing field condition, as -built plans and record drawings, right-of-way data and
all future improvement plans adjacent to or affecting the project site- The selected Consultant
shall identify all existing and proposed facilities within the project" limits and potential
conllicts.
1). SU1tVFV. Consultant shall identify in the proposal ifthe sunveywould include and the detail
ofthefealurestobesuiveyed. All survey and base mapping ofdneproject siteshalllie prepared
in US Customary English units by a California liccnscd Land Surveyor in accordance with the
City guidelines and in Microstation V8i Computer Aided design and Drafting (CADD) format.
The horizontal datum shall be NAD 83 and life vertical datum shall be NAVD 88.
F. PERMIT. The Consultant shall be responsible for identifying and applying for any necessary
permits- All permit requirements shall be added to the bid package for the project-
F. PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
1. Development ol'Plans, Specitications and Estinnate (PS&E):
a) All reports, plans, specifications and quantity calculations shall conform to criteria.
policies, procedures and standards of the City. The Consultant shall use the
boilerplate for cut sheets, specifications and estimates provided by the City-
b) The plan developmenl shall include four(4) tmilestotie deliverables-30'/,,, 60'%,, 95"/„
(pre -final) and 100% (final). All plan sheets shall be prepared at 20 scale unless noted
otherwise. I he necessary plans for each I'S&IS package shall include, but not limited
to:
City Council City of Santa Ana Rff 20fa30 4/20/2021
Page Al -3
I _ Title Sheet (City boiler template)
2. Trnprovcnicnis Plan (Layout, Pro[ilc)
3_ Construction Dcmils
4. Electrical Plan
5_ Landscape & Ti-rigation Plans
c) All calculations I'or the design and quantities shall be submitted as part of the PSBcE
submittal regtliremcnts. Qilantitics ti>r all cortuaut pay items shall be subshtntiated by
calculations. Quantity calculations shall be neat and orderly and shall show all
sketches, diagrams, and dimensions necessary to allow them to he independently used
by field inspectors daring construction_ All quantity calculations shall be
independently checked and substantiated with indcpendcru calculations.
d) Electronic files for all ('ADD (in Microstation VSi), reporrs, and calculations shall
he submitted at the end of the contract or v, lien requested by the City_
c) All electronic software developed, databases generated, spreadsheets and intellectual
properties developed during the life of the Agreement shall become the properties of
the City.
2. DclivcrablcPS&Epackagc:
a) 30'10 PS&E
The package shall include the. concept layout of the proposed improvements
including boardwalk layout and material optioiis, planting (Calilbinia native or
drought tolerant plants), type of irrigation, and cost estimates.
h) 601/o, 90%, 100% PS&F,
1) The Consultant shall submit the following documents tot review and approval:
Each milestone submittal shall include the electronic files of the following
dOCtrnlem5: Plans, Standard Spccial Provisions (SSP), preliminary quantities
and estimates, pay item list, design calculations and all reports supporting the
design (i.e. geotechnical report, suvctural calculations).
2) The City review, and comments on the I'S&h: package within four (4) weeks
ol'receipl of the complete milestone PS&F package_
3) ConsUvctabilit_y review meeting shall tale place at 90'% and shall include
C'onsull:lnl and City engineering stall.
City Council City of Santa Ana lffzt�aso 4/20/2021
Page Al -4
c) Final PS&F for Approval and Bidding
The Consultant shall submit one set of PDF of Lhc litllowim, doUurnenLh for
construction Bid purpose_
Signed final design plaits
Signed final specifications
Final cost eSLimate & final quantiLy calculations (includinM derails of hnrop iiim ircnr5)
Final design calculations
3. Construction Iliddine Phases
Bidding procedures will be the responsibility of the City- While the PS&E construction
packagee is advertising for bids, all questions concerning the intent shall be referred to the
City for resolution. In the event that any item requiring interpretatiorr iri the drawings or
specifications is discovered during the bidding period, said items shall be analyzed by the
Consultant for decision by the City-
4. Construction Support Phases
a) This task shall be included as optional in the fee proposal.
b) Consultant shall furnish, at the consuhant's sole cost and expense, all nccessary
revised documents and drawings duee to errors and omissions of the Consultant.
c) Consultant shall review and approve all submittals and shop plan drawings required
to support the consu-uction cone -act- ConsultanL shall complete shop drawings
reviews within two (2) weeks of receipt. Contract Change Order reviews shall be
completed within two (2) working days of receipt.
(l) Consultant shall he available as requested by the City to resolve discrepancies in the
contract docLunents- Consultant shall bring to the attention of the City any defects or
deficiencies in the work by the construction contrac[ol which the Consultant may
observe. Consultant shall have no authority to issue instltction on behalf of the City,
or to deputize ;another to do so.
c) The Consultant shall prepare and deliver to the City the final as -built plans
incorporating field marked prints supplied by the City. Upon completion of
construction, the City will submit field -marked prints toConsultant. Consultant shall
incorporate all changes to the plans electronically with all necessary revision
notations and submit to the CiLy.
City Council City of Santa Ana Fff 20F630 4/20/2021
Page Al -5
[:ENERAL REQU112EMENA S
The Consultant ha total responsibility for the accuracy and connpletenesy of the plans and
related designs, specifications and estimates prepared and shall check all Such materials
aecol diugly. I'he plans will be reviewed by the City for contomitty with the requiretnents of
the Agreement. Reviews by the city do No P include detailed review or checking of design or
the accuracy with which such designs are depicted on the plans. The responsibility for
accuracy and completeness of such itcnns remains solely that of Consultant_
2. Consultant or its sub -consultants shall not incorporate in the design any materials or equipment
of single or sole source origin without written approval of the Gity.
3_ The plans, specifications, estimates, calculations, and other doatmenu famished under the
Agreement shall be of a quality acecpntble to the City. The criteria tot acceptance shall be a
product of neat appearance, well organized, technically and grammatically corrcet, checked,
dated, and having the maker and checker identified. The minimum Standard of appearance,
organization and Content oh the drawings shall be that of similar types produced by the City
Boiler Plate. The Consultant shall modify its work as nccc5saty to meet the level of
acceptability defined by the criteria above.
L The Consultant shrill have a quality control plan in effect during the entire time work is being
performed Wider the Agreement. The Qunlit-y control plan shall establish a process whereby
plans are independently checked, corrected and back checked, and all job related
correspondence and manoranda dated and received by affected persons and then bound in
appropriate job tiles. flan check shall also be provided by the City of Santa Ana's Public
Works Agency and Park and Recreation Agency. Reviews by the City respective Agencies
shall be coordinated by the City
5. Manuals/Standards
Where applicable, engineering design of all PROJECT innprovcnnents shall be compatible and
in accordance with the following:
(1) Ciry of Santa Aria Standard Plans
(2) Standard Special Provisions for Public Works Construction
It will be the responsibility ol'the Consultant to verily that it has received Whe latest version or
update of these documents.
6. Improvement plans shall adhere to City of Santa Ana Standard Plots and the Standard Special
Provisions for Public Works Construction. Plans shall be computer drafted in Microstation
VSi format and shall adheree to thecurrent City of -Santa Ana Public Works Agency Interagency
CAD standards.
7. The Consultant's work will be subject to inspections by representatives of the City.
City Council City of Santa Ana Rff20rJ30 4/20/2021
Page Al -6
8. Project progress
1. Meetings - Progress Revicw Meetings shall be held as deemed appropriate by the City_
2. Progress Reporting - Progress Reports shall be submitted at monthly intervals, indicating
progress achieved during the reporting period in relation to the progress scheduled.
3. Project Schedule - The Consultant shall prepare the project schedule in Microsoft Project
tinntat. The project schedule should break the tasks and subtasks. Any major change to
the project schedule must be approved by the City.
PAYMENT AND INVOICINC:
Selected Consultant shall invoice. the City based on tintec and material according to thc. City's
standard invoice template and olccu•onic submittal instructions. Tasks and hours shall be clearly
identified and all rates must match those included in the approved agreement. City shall retain ten
percent (10'%) of the invt» ec amount fi-nnt each paymatt until the completed Project has been
accepted by the City.
CITY RLSPONSIBILFFIES:
.I he Ory will provide infonnation in its possession relevant to the preparation of the
required information in the Rl-l'_ the City will provide only the stallassi�tance and the
documentation specifically rcicn-ed to herein_
• Furnish scope of work and provide general direction as needed for the assigned project
• All plan check coordination within the City
• Advertise, award, and administer of construction contract
Electronic tiles (sample plans & specifications, City of Santa Ana's CARD Standards)
• l-.lectronic files for title sheets and sheet horders
• Facilitate meeling word inal ion and invilzllion
• Standard invoice template
City Council City of Santa Ana Fff 20f830 4/20/2021
Page Al-7
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STATEMENT OF QUALIFICATIONS
CoverLetter...................................................................................................................02
Contract Agreement Staternent........................................................................................03
Firm and learn Experience..............................................................................................04
Understandingof Need....................................................................................................13
Relevant Project Experience............................................................................................16
References.....................................................................................................................23
SCOPE OF SERVICES AND SCHEDULE
Scopeof Services...........................................................................................................25
Schedule........................................................................................................................26
FEE PROPOSAL
Standard Hourly Fee Schedule [provided In a separate envelope]
CERTIFICATIONS
Attachment 3-1 Non -Collusion Affidavit...........................................................................26
Attachment 3-2 Non -Lobbying Certification......................................................................26
Attachment 3-3 Non -Discrimination Certification..............................................................26
City Council 23 — 20 4/20/2021
,
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4/20/2021
L ,I T„T L E
February 2, 2021
City of Santa Ana
Kenny Nguyen
Public Works Agency; M-36
20 Civic Center Plaza
31" Floor Reception. Ross Annex
Santa Ana, CA 92701
RE: 1711 Street Triangular Park Restoration, RFP No. 20-130
To Whom It May Concern,
Little is pleased to submit this proposal in response to your RFP for City of Santa Ana 17th Street Triangular Park Restoration, RFP
NO. 2D-13D. It's unfortunate to learn that the project is a response to the vandalism that the original triangle park improvements
suffered. This project is an opportunity to build back better and brighter than before, while also adding some amenities not
previously within the budget of the original construction. The site can function as a well needed rest stop along the Santa Aria
River Trail system and we would love an opportunity to work with City Staff to find and implement positive, long term design
solutions that can make this pocket park a success for years to come. The challenge before you now is selecting the right design
team to help you realize the dream that was the 17th Street Triangle Park. Please let us introduce ourselves.
Little Diversified Architectural Consulting, Inc.
1300 Dove Street
Suite 100
Newport Beach, CA 92660
office. 949.698.1400
fax: 949.698.1433
Main Point of Contact
Barsin Bet Govargez, PE
Land Development Studio Principal
mobile: 818.400.3090
email. barsin.govargez@littleonline.coin
As an international architecture and design firm, Little is recognized for developing exceptional design solutions that deliver
'Results Beyond Architecture'. We are dedicated to breakthrough ideas that create a better future. Little was originally founded
in Charlotte, NC back in 1964 and has continued to grow ever since. We currently have nearly 400 employees and five offices
across the United States. Little came to Southern California 19 years ago and has been steadily building on that history ever since.
Our office in Newport Beach currently employs 65 and consists of five architectural studios that are complimented by having in-
house Land Development Services (Civil Engineering and Landscape Architecture) and Structural Engineering. With complete in-
house expertise for holistic, integrated architecture, engineering, and land development, we provide our clients the most efficient,
sustainable, high-performance design.
WHY LITTLE?
At Little, we are dedicated to breakthrough ideas that create a better future for the communities we serve. We believe that the
collaboration of diverse people from many fields of design is a powerful combination. Little's strengths are its people and the
culture they cultivate inside the office. It's our diversity that helps galvanize a culture of excellence and a belief that the next great
idea can come from anyone. Whether new to the firm, or an established associate, everyone is expected to hold our core values
at the heart the decisions they make, Care, Stretch, Spark. Care about their projects, their clients, and their fellow employees.
Stretch their imagination outside the box to find the next breakthrough idea. Spark the imaginations of those around them by riot
being afraid to say, What if?" We look forward to the opportunity to show you what we're capable of.
Sincerely,
Barsin Bet Govargez, PE
Studio Principal - Land Development
1300 Dove Street, Suite 100, Newport Beach, CA 92660
949.6981400 (t)1818.400.3090 (m)
City Council
23-22
4/20/2021
1300 Dovv SYrool. Suite 100, Newr,or[ Boa( CA 92660 1 949.698.144,A I m,ww hA u r v wmie 0
CONTRACT T AGIFSEIEI EIllT STATIEWEINT
Little concurs with the Agreement attached as Attachment #02, in the Appendix of the RFP with exceptions / concerns to the following:
1. Under #7 INDEMNIFICATION
First paragraph, first sentence, strike the word "defend."
2. Under #8 INTELLECTUAL PROPERTY INDEMNIFICATION
First paragraph, first sentence, strike the words "defend and."
THESE CHANGES WERE NOT
ACCEPTED BY THE CITY.
City Council 23 — 23 4/20/2021
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REGISTERED/
LICENSED
REGISTERED
NCIDO
LEED
LICENSED
ENGINEERS
LANDSCAPE
CERTIFIED
ACCREDITED
ARCHITECTS
ARCHITECTS
DESIGNERS
PROFESSIONALS
LEGAL NAME:
Little Diversified Architectural
Consulting, Inc.
TYPE OF OWNERSHIP
Little is a North Carolina Corporation
LOCATION-
1300 Dove Street, Suite 100
Newport Reach, CA 92660
T. 949.698.1412
M. 704.936.7046
E. bryan.starr@littleonline.com
W. www.litgeonline.com
PROXIMITY:
Little's Newport Beach
office is approximately
20 minutes (7.5 miles)
from the City of Santa
Ana Public Works
Agency at 20 Civic
Ccnter Plaza, Santa
Aria, CA 92701
ACCOLADES:
Named as one of the
Top 50 Design Firms by
Architect magazine
Learning by Design
2015 Citation of
Excellence Award
for Invest Collegiate
School
Selected as a "Best
Place to Work'
numerous times
Recipient of North
Carolina AIA Firm of
the Year Award
Numerous design
awards, including 10
AIA awards over the
last three years, three
USGBC Sustainable
Design Awards and a
Sustainable Business
Lcadcr Award in the
last two years.
RECENT
SPEAKING
ENGAGEMENIS:
Numerous national
and international
speaking engagements,
including SCUP, CEFPI,
TEDx, Innovate 2013,
Learning Environment
Conference, and School
& College Building Expo
City Council
23 — 24
4/20/2021
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:3 TFl.T Ei NE E: r•BT OF Q I) A L BF' I C A T I Cl III>
F2111L, Mi,MANSOMMIXR
Subconsultants
Firm Profiles
LINWOOD ENGINEERING. INC. TERRACON
ELECTRICAL ENGINEERING
Linwood Engineering provides complete
HVAG, plumbing, fire protection and
electrical engineering services in house.
Linwood Engineering's technical staff has
a combined experience of over 130 years.
GEOTECHNICAL
ENGINEERING
Terracon is a 100 percent employee -owned
consulting engineering firm providing
quality services to clients. Since 1965,
Terracon has evolved into a successful
Our sustained growth has only been made multi -discipline firm specializing in
JT ENGINEERING
TOPOGRAPHIC SURVEY
JT Engineering is a professional
organization, adept to providing
engineering services for the private sector,
as well as governmental agencies. Our
primary goal is to produce outstanding
professional services to all of our clients in
possible by the commitment or our entire Environmental, Facilities, Geotechnical, planning, design, and engineering aspects
staff to client satisfaction. and Materials. Terracon provides services in a timely mariner. Officers of the firm
Our project managers are required to
address the performance of each project
in staff meetings, which are chaired by the
president of the firm
on thousands of projects each year. Our
culture, systems, and structure enable us
to excel at both small and largo projects.
By combining our national resources
with specific local area expertise, we
consistently overcome obstacles and
deliver the results our clients expect.
Terracon serves a diverse portfolio of
private and public clients. By being
responsive, resourceful, and reliable, we
strive to exceed our clients' expectations
for service, solutions, quality, and speed of
delivery. Based on a deep understanding of
our clients' needs. Terracon's commitment
is centered around these key objectives.
have executed a comprehensive range
of services and projects from inception
through construction and completion.
Our intention is to build a long-lasting
relationship with our clients.
JT Engineering employs a survey crew
with great experience in surveying the
most complicated layouts, along with
finding disclosed monuments and using
global positioning technology to produce
accurate and legible documentation. Our
survey crew works in close contact with our
engineers to ensure that every project is
considered in its uniqueness, and within its
physical properties.
City Council
23-25
4/20/2021
/.A W,FFIN" U-1IJ
I/' Slit¢ IHIAry _LAH'AFKH /riA.ION
BARSIN GOVARGEZ
PRINCIPAL IN CHARGE
15%
TAIEINE:P•Bl <_7f 01)A1.BfBCA-IBUPI£:
ORGANIZATIONAL CHART
DESIGN TEAM
n e4;
BRYAN STARR
LEAD STRUCTURAL
ENGINEER
25%
JAMESBRECK
ELECTRICAL
ENGINEER
Linwood Engineering
25%
lirl r��ea�
i
n„
l
MICHAELLEDBETTER
h h'-, A
LANDSCAPE
ARCHITECT
30%
i
p
` (9
SANTIAGO CRESPO
ENVIRONMENTAL
GRAPHICS
Little
5%
City Council 23 — 26 4/20/2021
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BARSIN BET GOVARGEZ
P. E.
PRINCIPAL IN CHARGE /
PROJECT MANAGER
BRYAN STARR
P.E., S.E., LEED AP BD+C
LEAD STRUCTURAL ENGINEER
MICHAEL LEDBETTER
RLA.ASLA
LANDSCAPE ARCHITECT
City Council
Bersin has '19 years of experiencY; in Civil SELECT PROJECT
Engineering with a focus on axnmerdlA housing,
and City capital irnprovernent projects. He has
proven expertise in the areas of survey, planning,
design, construclion documents and detailing, cost
eWfirnation and analysis and project rnanagernent
of Civil Engineering projects. As Principal -in -
Charge he is in involved with all projects corning
through the office and works hands on with our
other P.Es and E.I.TS to monitor project design,
progress, and quality to arsurc they are meeting
the highest of standards while also staying within
our contract budgets and rneerrig the project
schedule.
Bryan has 20 years of experience as a
Structural Engineer in the design of project types
such as educational, workplace, healthcare,
hospitality, civic, and retail. His international
expertise encompasses sophisticated technical
awareness, project/team management, structural
analysis and design and seismic engineering.
He leads a diverse team of dedicated engineers
and designers with a broad range of design and
construction expertise in projects of all types -
renovations, repairs, seismic upgrades, and new
builds.
Michael's primary responsibility is design and
production management of various types of land
development projects, including commercial,
office, retail, mixed -use, healthcare and public.
Michael has 20 years of experience leading
projects from entitlement and design phases
through the entire implementation process. He
has a strong design sense with excellent project
management and production skills.
23-27
EXPERIENCE:
Moorpark College Wayfinding, Ventura County
Community CD, Moorpark, CA
Adventist Health West Headquarter Office Building
Project, Roseville, CA
Glendale Community College, Verdugo
Gymnasium Replacement, Glendale, CA
Santa Ana College, P.A.M Site Improvements,
Santa Ana, CA
Saddleback College Quad Improvements & ADA
Upgrades, Mission Viejo, CA
Irvine Valley College Quad Improvements &ADA
Upgrades, Irvine, CA
Orange Coast College Aquatics Center, Costa
Mesa, CA
Cabrillo Highschool & Wilson Highschool Track
and Field, Long Beach, CA
SELECT PROJECT
EXPERIENCE:
• Moorpark College Wayfinding, Ventura County
Community CD, Moorpark, CA
• Stevens Creek Nature Center, Mint HIII,NC
• UCSD, McGill Hall Seismic Renovation, San
Diego, CA.
• Glendale Community College, New
Gymnasium, Glendale, CA
• Glendale Community College Ramp
Modifications & Utility Upgrades, Glendale, CA
• Adventist Health West Headquarter Office
Building Project, Roseville, CA
SELECT PROJECT
EXPERIENCE:
• Moorpark College Wayfinding, Ventura
County Community CD, Moorpark, CA
• Adventist Health West Headquarter Office
Building Project, Roseville, CA
• Glendale Community College, Verdugo
Gymnasium Replacement, Glendale, CA
• Santa Ana College, RA.M Site
Improvements, Santa Ana, CA
• Saddleback College Quad Improvements &
ADA Upgrades, Mission Viejo, CA
• Irvine valley College Quad Improvements &
ADA Upgrades, Irvine, CA
• Orange Coast College Aquatics Center,
Costa Mesa, CA
• Cabrillo Highschool & Wilson Highschool
Track and Field, Long Beach, CA
t Services
BuildinEnc g if�i4$fj�021
9 ✓ l/ e/ A r/, KY M1 21,419
I/' Slrt¢ IXIAry ;�LAR AKKrt t 1HAI1 my
9i I I (;
ELECTRICAL ENGINEER
P.C.. PMP
ELECTRICAL ENGINEER
SANTIAGO CRESPO
ENVIRONMENTAL GRAPHICS
LITTLE
S U IBCO IN SU IL. T A IPA T ar
James is an electrical partner who designs
and oversees electrical engineering projects.
In this capacity he assurnes a supervisniy
role, coordinatlna client needs and ensuring
cornplete execution of construction
docurnents. Other responsibilities Inchade
writing CSI specifications, cost es ir7a iny,
supervising and reviewing the work of staff
responsible for a wide range of engineering
projects.
Fled is an office manager and a licensed
cavil engineer (PE) in the State of California
With substantial experience in performing
geotechnical investigations, engineering
design, and project management. These
projects include various educational and
commercial buildings, parks and recreational
areas, renewable energy facilitie retail
centerS, office/warehouse projects, street
rnprovernents, industrial fac,ilibr`s, and public
works projects
Santiago has more than 18 years of design
experience focusing on branding with
an emphasis on corporate identity. His
responsibilities include managing and directing
a staff of graphic designers and communicating
with clients on a variety of projects including
graphic design, corporate identity, logo
development, branding, environmental
graphics and signage from concept through
production.
SELECT PROJECT
EXPERIENCE:
Disneyland Resort, Various Renovations,
Anaheim, CA
Crystal Cove Restoration, Newport
Beach, CA
Moro Canyon Environmental Study,
Newport Beach, CA
Irvine Company, Various CA Location
University of La Verne, West Campus
Sports Complex, La Verne, CA
Irvine Spectrum, East Entry Expansion,
Irvine, CA
Westpark Le Port Montessori School,
Irvine, CA
SELECT PROJECT
EXPERIENCE:
Ponderosa Park Community Center,
Anaheim, CA
John Anson Ford Park Infiltration Project,
Bell Gardens, CA
Temecula Flood Control Channel Recon
and Repair @ Pala Park, Temecula, CA
El Dorado Nature Center Improvements,
Long Beach, CA
Wilacre Park, Los Angeles, CA
Mission Canyon Trailhead Parking Area,
Los Angeles, CA
SELECT PROJECT
EXPERIENCE:
Moorpark College Wayfinding, Ventura
County Community CD, Moorpark, CA
Duarte High School Sports Complex,
Duarte, CA
Adventist Health West Headquarter Office
Building Project, Roseville, CA
Robeson County Dept. of Social Services
Building Graphics, Robeson, NC
Mecklenburg County Valerie Woodard
Renovation, Charlotte, NC
Lowe's Tech Hub & Charlotte Plaza,
Charlotte, NC
Duke Energy Call Center Wayf nding,
Charlotte, NC
City Council
23-28
4/20/2021
10 ✓ - : F , F A ,a.. nr n 1ryil9
IXIAry ;�LAR AKKrt t �HAl WN
DAVID POWLEN
RLA, LEED AP BD+C
LAND DEVELOPMENT STUDIO
PRINCIPAL
LITTLE
DAVID BLANKFARD
P.E.. S.E., LEED AP BD+C
STRUCTURAL ENGINEERING
QA/QC
LITTLE
JEFF ROMAN
P. E., LEED AP
CIVIL ENGINEERING QA/QC
LITTLE
IAIci E KI E N I () f GI.) A E If I C A I 10 PI
11 IN TIE IR IN A IL. Q A I Q C TIE A IM
David has more thari, e8 years cmipetiericc., in
land planning, >*; design, and construction
(Aw,urnentation and administration Hi.,
spans both public and privatesector
projects tram orlb;.,in Mruut>o;ip(., enharrcerneots
tocoiipwalecarflpus master Planning and design.
He has exterisive experience- in ,ill phases of
project i.,lesicin but sfp00%lizes in corfWuctiori
d(w,urivnt preparation and permitting He, is an
eXf)tfft in public project COrlSenSLIS building, site
nii:julatory permitting coordination and working
with multiple Public agencies.
David has more than 26 years of experience with
design and project management in commercial
and public projects. He has worked on a broad
range of project types. Dave utilizes cost effective
construction methods for project delivery and has
experience across the country, with extensive
experience in the Southeast.
Jeff brings over 20 yeaars of experience in (wil
engirirm:iririg des[grt, project/team leademhip
arid COMMUllity '5U.M8rd-Shirl. Ili S rr'.ifiorlSibility
includes the growth and mariagerrient of our
nation al (uIEini of s(rucbwiil, mechanical and
electrical engineers who provide client,.; with
the most integrated, well coordinated and high
porf(irmance, buildingpossible. Jeffs expertise
all types or projects including
office-, interior,-, retail, municipal, educational,
MII use and industrial_
SELECT PROJECT
EXPERIENCE:
Mecklenburg County Reid Neighborhood Park
Adventist Health West Headquarter Office
Building Project, Roseville, CA
Discovery Place, Outdoor Plaza, Charlotte, NC
Charlotte Latin PAC &Amphitheater, Charlotte,
NC
Discovery Place, Outdoor Plaza, Charlotte, NC
Shelby City Park Parking Lot and Playground,
City of Shelby Parks and Recreation, Shelby,
NC*
Heavenly Waters Park Master Plan, Hartford
County Parks and Recreation, BPI Air, MD'
/ , , , '() r1l If), i0 n, ((/"
SELECT PROJECT
EXPERIENCE:
Glendale Community College, New
Gymnasium, Glendale. CA
Glendale Community College Ramp
Modifications & Utility upgrades, Glendale, CA
Adventist Health West Headquarter Office
Building Project, Roseville, CA
Ventura County Community CD Moorpark
College Wayfinding. Bakersfield. CA
SELECT PROJECT
EXPERIENCE:
Renaissance West STEAM Academy (LEED
Silver), Charlotte -Mecklenburg Schools,
Charlotte, NC
Charlotte -Mecklenburg Schools,
Specifications, Charlotte. NC
Florida Gulf Coast University Sports Courts &
Recreation at N. Student Housing'
` f '10, 1"/ u,r'df ffill
City Council
23-29
4/20/2021
1 jT �'l I KIAN';r 1� A KY � N 111-1 YJ
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LJ IN D I , R S T IN I II ING OF IN IE I , ICE
Design is a fluid enterprise, what works for one client in one
situation will not work with another client in another situation.
Each comes to us with its own unique challenges and it's our
job to identify the opportunities and constraints, and help our
clients rrlaxirrlize one while overcoming the other. As such,
our approach to design must be flexible and reactive. For this
projoct, wo have developed the following project framework;
L Develop Specific Goals for the Project — We
understand that the existing deck and surrounding landscape
that was built in 2014 has been victim of vandalism and homeless
encampments. The original detail for the wood deck did provide
for a chain link mesh that was meant to keep people from
accessing the underside of the deck but was ineffective against
more motivated individuals. This project's main focus is to re-
construct the viewing deck and re-establish this pocket park as a
key rest stop along the bike paths that intersect at this location. The
design will need to ensure that it performs better than the original
construction: (1) Utilize steel frame deck construction to ensure
that its not susceptible to fire damage (2) secure the underside
space below the deck to prevent future encampments. Other goals
include new site lighting, interpretive signage, and addressing the
existing landscape (planting and irrigation) so this site can become
what it was once envisioned as. An early task for our design team
will be to sit down with City Staff and key personnel who operate
and maintain the site to understand what other issues can be
addressed by the design and implementation of this project.
ii. Do our Homework — Commonly referred to as "due
diligence", if we're going to give you sound, professional design
advice we need to understand your existing conditions. Tasks
needed for successful completion will include a topographic
survey of the site as outlined in the RFP as well as a geotechnical
report of the site. We need a complete grasp of what is happening
above and below ground in and around the site, to help inform
our design and engineering plans. This will be another early task
for our design team, to review available assbuilts for the site and
surrounding properties and fully understand how the site operates
within it's surrounding context. We've already done some digging
and found the concept plan and other documents that were used
to secure the grant that will be used to cover the construction costs
for the project. Those documents tell us the intent is to redevelop
the entire site, rebuild the deck and turn the site into a riparian
landscape with river rock and boulders. Understanding the existing
conditions and the City's design intent will allow us to make
informed design decisions as we move from schematic design into
construction egfft uncll
iii. Explore Design options — Our next task will be to work
with the City and our design team to nail down some of the design
options that need to he finalized ahead of starting construction
documents. Some of the opportunities and constraints that we see
ahead for this project include but are not limited to,
a. The Deck — The redesign of this deck is an opportunity
for the City to get it right this time. It's still a tough site, cut off
from public street view with limited access from the adjoining
public trails, so it's always going to be inviting for vandals but
it can be rebuilt in such a way that deters that type of behavior
in a more resilient way. Changing the construction of the deck
to steel framing will create a more robust structure. As a part of
the rebuild for the deck we'll take a closer look at the existing
transition detail where the boardwalk meets the bike path. Based
on our site observations and review of the as-builts the existing
detail for the "Bike Path/Boardwalk Transition" is too small. While
the existing concrete header could be utilized it may be beneficial
to remove existing and provide new abutments along the existing
bike path. These are always critical design items when designing
a bridge/boardwalk and making the abutments deeper will allow
for more separation between the new steel framing and finish
grade below.
b. The Framing — Going to steel framing to rebuild the deck
will present some design options to be considered as well. Do we
come back in with wide flange stool members or with HSS Tube
Steel framing? I here are cost impacts and aesthetic impacts for
each. Wide -flange steel framing is typically a little cheaper and
looks more industrial so may fit the context better but can be
harder to keep clean as they provide nesting opportunities just
by the nature of their shape. HISS tubes can be more expensive
but this can be offset by the fact we'll be able to use smaller
bears sizes and the shapes are cleaner and don't create any
internal ledges where mess can collect.
23 — 30 4/20/2021
2
KY N11 1439
Il' SI I XIAN;�LPH'AKA P n 11iAllnry
IAIEMENI Of Gt.IAL If ICA-rBOP��I c;
U IN DIERSTAIN I II ING OF IN IE: I; I
c. The Encampments— Designing an overlook deck that
won't he susceptible to the homeless encampments that overran
the original construction will require some no-nonsense design
work to fend off future attempts to utilize the underside of the
overlook deck as a living area. Clearly the original chain linkfabric
wasn't a sturdy enough material to hold up against the motivated
persons attempting to access these areas below the deck.
We think the best solution is to look at a rigid fence type design
utilizing heavy gauge posts, rails, and pickets is the surest way to
secure the area below the deck. We can also deter people from
wanting to access that area with the use of motion activated spot
lights and large rubble and boulders on the ground, making it an
uncomfortable place to be day or night.
d. The Site Lighting — We think the site lighting could be
a critical component in the future success of this site as a rest
stop for the bike trail. It will make it safer and more inviting for
those using the trails after dark to stop, catch their breath and
enjoy the evening view. It appears the big challenge will be
providing power to any proposed lighting. The as-builts didn't
include any electrical plans and the proposed irrigation controller
was a solar powered model so we're suspect that there will be
existing power available for lighting to this site. Our design team
will help determine the best options based on what's available.
The easiest solution would be if we have an existing power polo
close -by where we can establish a pole mounted transformer
and run power from there, otherwise we'll work with the utility
company to determine where power is available and what will
be required to establish a new service feed and meter pedestal
with a panel onsite. It will he critical to make this determination
as quickly as possible as we'll need to start coordination with the
utility company immediately. This will be a key critical path item.
We'll also need to understand what are the City Standards for
lighting in terms of fixture selection and color temperature for a
park site such as this?
e. Planting and Irrigation —We have a number of tasks to
perform onsite to understand betterhowto approach thelandscape
design. We'll need to walk the site with the maintenance staff
and operate the existing system to make sure we're still getting
head -to -head coverage and identify any gaps. The planting is a
trickier issue to resolve. Looking at the as -built planting plan that
was provided, the tree species that were proposed are suitable
for a riparian landscape but only a few of the shrubs on the as -
built list would be considered "riparian" (ex. Mahonia and Ribes).
Based on what we observed onsite, what has established
onsite and where the bare areas are, it appears most of the
shrubs that were planted with the original construction did
not survive and the existing shrubs that have established
were part of the original hydroseed that was put down.
The as-builts also called out for the existing landscape slope
along the bike path to be protected -in -place but this landscape
has not survived either and will need to be reestablished as part
of this project. We believe that many of the trees and some of
the existing shrub material that has established can be salvaged
for this redevelopment of the site and be part of a successful
riparian strategy. The bigger challenge we see with the existing
landscape is to screen off the adjacent property to the south and
east. That property is currently owned and operated by Ferrell
gas and is comprised of an open asphalt parking area with large
trucks and propane tanks. We want to see that entire edge of the
property be planted with medium to larger size shrubs and small
trees so that a dense visual buffer can be established, blocking
this view and create a more wooded feel once established.
iv. Preliminary Design Development Package —
After our kick-off meeting but before jumping into construction
documents we propose a raskpaced design phase to hash out
some of the issues discussed above and resolve some of the
questions raised thru our due diligence process. The layout of the
site and the design of the deck are pretty much set but we feel a
quick DD phase will be beneficial to the City. It gives our design
learn an opportunity to present ideas to the City regarding different
areas of scope such as.
deck framing and detailing
possible light fixtures and how to rnount them
reusing existing site furnishings VS new benches and trash
project signage locations and content
existing planting to remain
City Council 23 — 31 4/20/2021
13 ✓-:Fnr n -ngl9
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LJ IN DIERSTAIN I II ING OF IN IE: I; I
v. Construction Documents (PS&E) - After our fast -
paced DD phase, with a true concept plan in hand, we'll
jump right into construction documents. As outlined in the
RFP, we will provide and submit 30%-60%-901yo-100%
PS&E. This task will include a Constructability Review
with the City that will take place at the 90% submittal. We
will perform similar page turns internally at 30% and 60%.
P/ease refer to the itemized Scope of Services and
deliverable list for more into on the construction
docurnerrt phase as noted with the project schedule.
vi. Project Administration - As prime consultant, an on-
going role for us will be Project Management and Project
Administration as outlined in the RFP. Our design team will be led
by Barsin Bet Govargez PE and he will be Main Point of Contact
with the City. This vital task will include managing all aspects
of the project, issuing progress reports to the City keeping you
informed our progress on a regular basis, internal coordination
and quality control with rest of design team, and coordination
with various public agencies for various aspects of the scope.
This task will also include the following key responsibilities
material such as the "Saylor 2020" for current construction
costs. This gives us confidence to provide you with good
unit costs for all the standard issue items that will need be
provided and installed such as ac paving, aggregate base,
planting and irrigation, etc. Por more specialty items, such as
the re -built overlook deck, we'll look closely at previously built
projects that include similar types of improvement and built
construction. We'll also reach out to industry friends and get
some direct estimates based what they're seeing for similar
type. conMnlctlon.
Project Schedule — We feel the best way to ensure quality
is to expeditiously complete the project on a comprehensive,
aggressive timeline that isn't rushing but also isn't allowing
too much lag time between deadlines. When you push the
project too fast, you can miss things because there isn't
enough design effort and you're producing construction
documents before you really understand all facets of the
proposed construction. When you allow for too much time
during each phase it's easy to relax and not sweat deadlines.
We want to be active and engaged from beginning to end,
pressure is a good thing, how else would we get diamonds?
Project Construction Costs — You have a budget for Teamwork- This will be a "team" effort and we are fortunate
these improvements and it will be fixed based on your total that several key members of our team are in-house. Our Civil
soft costs + an agreed -too percentage of contingency to Engineer and Landscape Architect will be the main project
include in the overall project construction estimate. This will leads and sit across from each other in the office. Our
be part of a key deliverable, the "Estimate of Construction Structural Engineer and Environmental Graphics are also
Costs'. We chose not to bring on a third party cost estimator in-house with only the Electrical Engineer, Linwood, being
for this project. In our experience this isn't a project type an outside subconsultant. Arid we've got a great relationship
that is conducive to good estimating in that fashion. They with Linwood, having completed several different project
are better suited for larger projects with sizable construction types with them over the years. Our approach to meeting your
budgets that have an appreciable contingency amount. This expectations includes staying in constant communication
is a small project with a relatively small budget and we can't with the City and each member of our design team. We take
afford any big misses on the construction estimate. Our it upon ourselves to respond as quickly as we can to your
design team will be generating our own estimates for each phone calls and cmails, which typically is same day if not
discipline. Using the City's approved format, we'll generate within an hour or two. We. will hold everyone on our team
a list of construction line items and include quantities, unit accountable for deliverables at each milestone of the project
costs, and totals for all parts of the construction scope. Well schedule. We'll keep a close eye on everyone, and if we find
be using our years of experience building things along with that a member of our team is falling behind on a particular
other reference data to generate our unit costs for each itern. phase of the project, we'll have a team meeting to discuss the
Common reference data includes recent project construction issue and make a plan to get back on track. Issues typically
and actual construction costs we're seeing as our projects develop because of a lack of communication and we create
get completed. Given everything that's going on in the world, an open line of discussion with the City and all our team
this is a great time to be building something. We're see good members to ensure that everyone is talking, more importantly
pricing coming in on all of our public sector work mostly with that everyone is heard.
schools and universities. We also use 3rd Party reference
City Council 23 — 32 4/20/2021
14 - [ F , Kr n' e0-1?o
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ci IA.I E IN E: P•1-1 DUAL IFI CA -I 10 PI c;
U IN DIERSTAIN I II ING OF IN IE: I; I
Quality Control - Like any design firm we understand that
we're only as good our projects, and those are only as good
Dur drawings. During the design and construction docurnent
phase we will have our own internal learn schedule for each
discipline. They will be required to provide us their drawings
ahead of any city submittal so that our in-house design
team can review and provide redline comment back prior
to said submittal. In addition, our internal OAOC team will
scan the drawing sets at each milestone Submittal for errors,
omissions, coordination issues, etc. Our expertise in detailing
and construction processes will help us anticipate issues
that could be discovered in the field so we can update the
drawings to reflect all the scope required by the contractor.
vii. Suggestions / Special Concerns — We're just
corning into this project SO we Still have a lot of catching up to do.
The City and it's Staff has been dealing with the site for some time
so we understand there is a mountain of things we're not up to
speed on regarding the history of the project and the history of the
concept that was used to secure the grant money. We make the
following suggestion based purely on what we saw during our site
visit and our understanding of what the City finds exciting )hour
this project. The overlook deck and triangle site is mostly intended
to be a rest stop for bikers that are using the extensive Santa Ana
River Trail System. We think the current layout of the deck misses a
great opportunity to make this intent more clear. The current triangle
shape is a reflection of the property lines which are a bit arbitrary.
It's nice that the deck extends out into the landscape area as an
overlook but it doesn't connect well with it's surrounding. Just on the
other side of the bike trail is a huge steel frame and wood bridge,
spanning 30OFT and making a connection across the channel to
Edna park and existing residenlial. In lerms of scale, [his IS [he most
interesting thing happening in the area. We think having the layout
of the re -built deck react directly to the bridge makes more sense
and will create a more meaningful Stopping point. This would give
users a chance to sit and watch passersby on the bike path and view
the bridge and channel as well. They may not be the prettiest thing
in the world, but the bridge and channel are feats of engineering
and the scale of both is eye catching. A portion of the deck can still
extend out into the riparian landscape but with a change in how
the deck abuts the edge of the bike path can make it more open,
inviting, and feel more connected to its surroundings. We've taken
the liberty of providing a sketch of what this could look like.
A CONTINriOUs EDGE
ALONG THE BIKE PATH
_IKE THIS ALLOWS FOR
MORE INVITING PJL'_ IN
FOR BIKERS TRAVELING
NORTI I AND SOUTI I
A'_ONG THE EAST SIDE
OF IHE CHANNEL.
A CONTINUOUS EDGE
A'_ONG THE BIKE
PATH ALSO PROVIDES
OPPORTLNITIFS FOR
SEATING THAT VIEWS THE ,
BIKE PATH AND BRIDGE/
C'.. IANNEL WITI I TI IE PARK
AND MOLNTAINS IN THE
DISTANCE TO THE NORTH.
BECAUSE DECK IS
ELEVATED ABOVE FINISH
GRADE, IT ALLOWS FOR
SPECIMEN TREES TO
BE P-ANTED CLOSE TO
THE EDGE AND PROVIDE
ARLOI SHAUL OVER
SEATING AREAS. /
Idur) .w
1� �1 Mlll�iw�••'��
a
66 SHAPE CF DECK CAN BE AN
r1 Sr EXTENSION OF THE EXISTING
4,��1/'1, BRIOU. IHAI SHANj IHo
CHANNEL. THIS CREATES A
,nr BETTER VISUA_ RE'_ATIONSHIP
FUR THOSE COMING TO THE
SITE FROM EDNA PARK.
I
BECAUSE DECK IS
�1. ( ELEVATED ABOVE
y FINISH GRADE.
k IT ALLOWS FOR
v°1 li SPECIMEN TREES
ATM° it O BE PLAN IED
q" .try CLOSE TO THE
EDGE AND PROVIDE
1 DIRECT SHADE OVER
SEATING AREAS.
LARGE BOJLDERS PLACED
BENEATH NEW DECK DETER
ENCAMPMENTS BECAUSE
NO'_EVEL GROUND FOR
SPREADING OUT TENT.
City Council 23 — 33 4/20/2021
is
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LJ IN DIERSTAIN I II ING OF IN IE: I : ICE
TASKS NECESSARY FOR SUCCESSFUL COMPLETION
Foot survey locating all existing elements horizontally and vertically.
Gentechnical Report for existing soils condition to perform structural calculations.
Starting coordination with utility company early on so electrical power is coordinated and installed when site lighting is ready for
installation.
Kick-off meeting with City staff and other appropriate people to better understand their needs I concerns as it pertains to access and
maintenance of the site.
Conduct thorough site visit making inventory of existing plant material and getting accurate photos of existing conditions and join
edges.
A thorough review of existing as-builts relevant to the site. Particularly existing wet and dry utilities that run through and/or adjacent
to the work area.
Productive meetings with City and staff during review sessions that identify weaknesses in the design or in the construction plans so
we can constantly be refining the plans to a point of absolute clarity.
Proper selection of site materials and finishes that allow the vision for the project to be realized while remaining in budget.
Proper selection of plant material that fits the landscape areas created with the final design.
Proper selection of appropriate irrigation systems based on final plant selection and the landscape areas created by the final design.
• Well -coordinated construction plans that clearly indicate the intended scope, from what has to be removed to what is to be built in
its place.
Getting plans permitted with OCFCD and Department of Environmental Health
ASSUMPTIONS AND EXCLUSIONS
Obtaining title report frorn title company and Preparation and recordation of any type of easement and dedication
Underground utility survey
Any type of Environmental Engineering related services such as but not limited to CEQA,EIR $ NEGDEC.
Traffic study
LEER certification design or documentation
Preparation of rendered site plans for further project promotion or presentation purposes beyond what will be prepared during the
DO phase.
Any major lay -out and design changes after DD approval. It is understood that we are required to address comments and revisions
throughout the CD
Hydrology study and hydraulic analysis for site
Design of storm water quality BMPS (WQMP), and channel protection devices or structures
Any other service not specifically mentioned in the RFP or this proposal
City Council 23 — 34 4/20/2021
�6 I -lF eF.A V, FF n, U-1?0
W Slit¢ IH1'N AAH 'AKK Hc, 1riA.ION
'_', If E ME:N I C7f 01.1AI...If IC;A -I 10 PI c;
-----------------------
Adventist Health West, Headquarters & Building Roadway Plan
Roseville, CA
New 5 story Adventist Health Headquarter building project at City of Roseville. The headquarter
building consists of two five story bars joined by an atrium. The narrow bars ensure that the workplace
is filled with daylight and views of the beautiful gardens and surrounding hills. The ground floor
contains a large lobby, grand piano atrium, conference center, dining room and food service area,
City of Roseville
movement instruction room and lab, showers and lockers, and medical practice. Scope of work
Matthew Todd
included parking areas for nearly 300 cars, pedestrians connections to public sidewalk wrapping the
Senior Engineer
2018
site and a fitness trail that winded through the site with a number of fitness stations for employees and
916.774.5562
public use. Two garden areas flank the building to provide relaxing outdoor spaces with multiple water
mtodd@roseville.ca.us
features and a large faux -rock water fall facing the main street. A 96" box, Legacy Oak, welcomes
visitors in the entry courtyard, and is enhanced by a medicinal herb and healing garden. Storm water
quality is treated with a series of bioretention areas across the campus, and the entire landscape
utilizes California native plantings to embrace it's surroundings and lead by setting the example for
future developments in the area.
Cabrillo Highschool & Wilson Highschool Track and Field
Long Beach, CA
Awarded to provide architectural / engineering services to include Architecture, Civil Engineering
Erin Scott -Keith
Landscape Architecture, and Electrical Engineering for the complete design, construction documents,
Project Manager
approvals, bidding, and construction administration for this project. The project included upgrading
Facilities Development
2018
existing grass football/soccer field and DG running track with new synthetic surfaces and equipment at
& Planning
(2) High schools for Long Beach Unified School District. It also included paving improvement around
562.997.7550
the track and at accessible paths, new fencing and gates, storm drainage improvements, and water
cannon irrigation system for the field.
MiraCosta Community College San Elijo Campus Student Services Building
Encinitas, CA
MiraCosta Community College District's San Elijo Campus New Student Services & Administration
Pelin Karakas
Building project will provide a new gateway and be the face of the San Elijo Campus. It will replace
LEER AP, DBIA
the existing Administration Building and consolidate all of the student services operations under one
Sr. Project Manager
roof. The new building will provide administrative offices, such as admissions meeting spaces, the
SEC & CLC Campus
Admin/Student Services Growth department, bookstore and storage/receiving, healthcare center and
Manager
Under
exam room, among others, that will allow staff to properly serve the student body. As the first new
33 Manchester Ave.
Constnaction
construction project under Measure MM on the San Elijo College Campus, the Student Services &
a 007
Cardiff,
26
Administration Building is a great first step in achieving the overall goals of the District. This project not
2-5
only will modernize services and enhance the overall experience for students and visitors, it will also
rfavis(a�ccctl.etlu
avis@ ccd.e
be right sized, well designed, and act as the new gateway and face of the campus. It will become the
beacon of the community and attract a larger enrollment, while providing an intimate internal outdoor
courtyard.
Glendale Community College verdugo Gym Replacement
Glendale, CA
The project includes a new 40,000 SF two-story gym building and new restroomlconcession
building. As lead landscape architect on the project, Little generated design alternatives for various
Joel Peterson
site amenities such as new entry plaza, amphitheater, and outdoor exercise yard. This included
Director of Facilities
Under
reconfiguring and existing parking to maximize capacity and provide accessibility to all new facilities.
818.240.5222
Construction
Also included final design selection for hardscape materials such as decorative paving materials, steel
jeterson@glendale.edu
railings, and conceptual site lighting design. Complete planting and irrigation design and construction
for all new planting areas including upgrades to existing irrigation system and selection of drought
tolerant, low water use trees, shrubs and ground covers.
City Council 23 — 35 4/20/2021
v nr „i
I/' Slrt¢ IHIAry,�LAR AKK b IAI I'll
S II E M E N I QF Q U A I_ I F I C A T I U P Ir
Oxnard Track and Field Projects
Oxnard, CA
Pout Hanson
(7) High schools for Oxnard Unified High School District where our scope of work includes
Bond Project Manager
coordination with the District's Master Architect to finalize the layout and design of new Gateway
Oxnard Union High
structures at each campus while also replacing natural grass football fields with new artificial turf
School District
Under
fields and in some cases replacing dilapidated tracks as well. we were also tasked with addressing
85.2683
80g,3805-3poul.hansonL
Construction
long term drainage issues at each campus while providing for additional amenities such as basketball
courts, tennis courts, and outdoor plazas. All (7) projects have been approved through DSA and the
oxnardunion.org
first (3) are currently under construction. Our performance on these projects has led the District to
have us also prepare additional plans related to the demolition and replacement of existing bleachers
at a few of these high school sites.
Orange Coast College Aquatics Center
Costa Mesa, CA
Rachelle Favis
The project was conceptualized with the simple idea of "movement" to reflect a key characteristic of
Program Manager
both Kinesiology and Athletics. Movement is reflected in the architectural elements that flow from the
Coast Community
Under
Northern welcoming wing of Division Offices and Athletic Training to the Southern end facilitating the
College District
Construction
Aquatic portion of the complex. The complex also houses prograrn such as Adapted PE. Equipment
714.432.5826
Management, Locker and Team Rooms. The KAPI Complex in total consists of approximately 113,00
rfavis@cccd.edu
SF, 37,650 GSF of conditioned program, a 9,250 GSF Shade Canopy, a 65M x 75' Competition Pool
and a 25-yard x 75' Instructional pool.
University of California San Diego McGill Hall Structural Retrofit and Plaza
San Diego, CA
An existing concrete walkway links three buildings on campus, all of which are on the National and
Aaron Cooley, Project
California Historic Registers. The base of the columns are showing signs of deterioration. Seismic
Manager
Est. Feb.
design has changed significantly sinrp the building's ronstnrction in 1967, we are performing a
619.550.7136
2021
seismic upgrade along with the column repair and flat site work to accomplish accessible compliance.
acooley@ucsd.edu
In the Schematic Design phase, we performed on -site testing to provide the University with options of
how they can address the upgrades while maintaining the historic characteristics within the Secretary
of the Interior's guidelines.
Moorpark College Entry Monument & Wayfinding
Moorpark, CA
John Sinutko
Design of all new static signage, including removal of existing signage as required, new wayfinding
Director of Facilities,
signage, including street level to parking, parking to buildings along pedestrian and vehicular access
Moorpark College
Est. Aug 2021
ways; and improved building signage. Project also included replacing the existing monument sign at
805.378.1454
the main corner entrance to the campus. Our tearn prepared deruo, construction, grading, and planting
jsinutko@vcccd.edu
plan, for the new sign and adjacent improvements. Scope required close collaboration with civil,
structural, landscape, and environmental graphics teams.
City Council 23 — 36 4/20/2021
.18 t / e PF M1 , 20-1 YJ
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:3 TFl.I E mE: P11T OF QI.IAL If I C A II Ur'I
�F'Z IE_: IF IE_: F? IE_: IN C IE_: '9
STEVEN'S CREEK NATURE CENTER
The Steven's Creek Nature Center & Preserve is located in Mint Hill, NC. Artist Stacy Levy
designed Meander Walk as the public art portion of the construction project.
Mvsandr_r W:a A I..; a a,lirwntt, sr_la tdi.ir,r, tru.a AVnrry 1�>;talm.i nfI rr�Jmn u Q raarcirut rul w ubra front
arldr;3rlr,r r]f fftE:'iOG.HG.n , G;:renk PJsd�rrt; C atnh�r ',iGhO y ,r,l;;PrPdnrl ;rfurAr� e �rvr.f, I,rirl �w;1 s, the
path elf Itc, , rriu s,u n ,%, or a anti a ow, vrsitor;, fo v,r t,k tN o p-* of
the sfrearr borme Ihr;y w lw ln; bu dinq hfl .'drl4ler W'1 e ; marl(, vv oh r xLi"del lbnrrl :1, +frirt
dr-tlirlq fhA r;/ fIA r,ump.i�mt I n.; Urn IMr,�,n qmr inry m 1r1uU(.;Alrr d by 3e r , rfr; I.,,.,o JfUd
drop b i,r r•p\ 500 " fit rnrr n.rrr,r: vvrlfer 9a „q>purt Iw, d'.MJ V0 rp1a, fml snr,a away
by .aprrv, u.mr,A� nl rpVl lung ovr'r IV +; jr[+j ,vrae bss yaw, rrr,(I lay nasr Fung Vhv, frrtlh esss Ih,n 3d
er; aoove flee rtLtd9 we wefu? r.) a (o u immr me qu ardr,i s.
} -- ,,.
.. � 4 .
:in STRUCTURAL PERSPECTIVE VIEW - FOR REFERENCE ONLY
5101 '
City Council 23 — 37
r
4/20/2021
1 - ; r. , F.. H "A. nr N 1 10-1IJ
I/' Sj,o. I WAN .,AAR ..'ARK rtmS ! riA'., lnN
77
SANTA ANA COLLEGE
P.A.M SITE IMPROVEMENTS
PLAZA DE ARTES, AMPHITHEATER, CENTRAL MALL
On the surface, this project was about designing shade opportunities for existing spaces and
reinventing a public plaza to inspire the next generation of students. The larger goal however, was
to help the College establish realistic budgets for each of the work areas.
VINn vin.ra: Irr oVren I(I Ilrntf '.,r)fa rml I p (V rleSuin (1pfirrrl, tr)r threr, p Jces (In I'Impus; (1) 11,1ra
dr Arlr Q2)>n rnphi I r,("atr.r anI9 (3) CC: nIr:a NA') I wa h area had II'r; own plorira,rm qo.,l , ilntl
rh a r rige w0l I:X "Il,nrg Imrid f,1n,, rJIar Iyn i gri fa;,rm hwi Io dr, emer,r,mr ho mev.urr4r rrn a',
em�Alro LAI 11 a.a Ira (xa;prRr, r,t wl CU(Ir, du:, uylr par.l ar�r -, tha4 w uff! rlaul3i ed r,Ilayugn 0uil. rr; ,A4 V,,
e=hm aua oou d no �)(I thr 3scAj (A sceapr; of vurarrc invrr L(6. rd fpr r,nr;h I h! Ivyrl
trenrk riv l %A ,IV, taynuf',md rta,,,Iryn irl'n., 3nr1 sh;Arv:.'I[VJ .hrrr: r1,Joi,inr# „unto rne,t:) rwmklil :uld
wpan I,frnr_ 3nra a a);f ax;f rna41r cg In aI raoul:r; Ira)[[i (lif OOK' of Improw"I i rivi In uhu r,�nur f
rill On Mom iharl ),l rrm',inn of irroprr vorrioril<, fo bw rl n r:usfrrru ;rrraphifhr nter, Wn prrnridfA
option, for ear.h wwk arr, a a(wq witP 1f ) of anal; n .p ar,a and Ir,tral erJ v ,ulrn sur; ; oa
prOI41r, r l'oMs I nr. 1)strlr I I�Ovf I,"uv{ tfl,o o (II1r,Ip110nt;'Is o (if a1r,;,¢gn rt'rn r•tharI C,
IErr, hlindiriq U (,CIO m(orr ;ne;I rI I I I u huI,JiIV"
City Council 23 — 38 4/20/2021
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SADDLEBACK COLLEGE
QUAD IMPROVEMENTS + ADA UPGRADES
Saddleback College is committed to making their campus more accessible and have allocated funds
every year to continue to make those types of improvements to the campus.
Our Land Development Studio was awarded the project in the fall of 2019 and the scope included site
improvements for (d) separate portions of the campus where barriers to accessibility such as uplifting
panels and non -compliant slopes along an accessible path -of -travel needed to be addressed.
Ilutr,ni the Ili,qucr fifivuf1pxl heyolId far ,Ic, urzaa`, Ih fy 1'r,gf ldps, fhe ill r Id alf :,tiicls Iit r.i llr;e.i
.and thfa Fin: Arfs r Liza I N; urign,4 If,upn, rot fhu OwAd n;,urir,tf Innnq yr triuu in gin. with n Ih;, glad
biif;A%�i w.i kinq it w Il f IN, cni qe unary rlecdecl to pun;LP, n rn, fw f i i L,hr. l:h;lropr 111,1[ vcou n .1111111 7s
has a( r r,`.,If1i dy is r.rr. f),.ff r,. I:bn ul f If e C.1L,irt ,r, rn,un ,h.lctenl or mnering paf r; fm (:,Imtiir, I he
CniI [(A . ".If; rain'I n[I ;Ichi and t ni vris'; n-Io ;f v ,rlda.rat 2t Imr. I Ine fart i P° iz t v,rntrn %ie aid ovirfor, vrn4,in
V0 I I otr 41 trte dIwIgr fntwes, if rand (,Al ong III is',fop and une p•auih of ur,iarr.Ihf+ r.aa cqc wwIled to
r;rirnrTlF.11e..
we ptep,rr ad a ruupel of ` f errloi r d a`,,4,In`, Inr r iKh al eo and e f,rs „oqu, ,a, o,fuo tha it plekIri"d
ayau0`, can pr,42;m,d ROM pr 61Iq o nriki't ,u[n it vvnu d "III work vmfhln thr, prnln0; budgr!I If fir, bm,il
qn Ipr Ihje rp,arl lah Ivry, a rd i , , r, X tuff( i amllh "I .,irgc, opr;n 'nogn ;if c, i by Nvo
r rrys;;inry p�rfhrnray�, I hC fIfI r iyoul, rermriirr,`,.f Iht: ex[:, inq mrf,4anr iy% II wo %i,icno Ili>f �i i itmrnvrslk evith no
f 4 oldo�r to L1 a,cu.jn find ore{anved rr;o r.pc,horh of p I l nnf,arr, Ih71 r,ryru I;o l o......, Ihr, diffr;,rerd rmt f y points
wih w prrnrdlny a nqr rrp4ffi ,p (,ar foi a rnynnd (it ri a Thrc,-
11n.a6 rlcgkyl for fhr I Iimv /tilts I tl/:A r rpvid¢.0 ih+a nr,r.es`„bIy pnth+)f Irrnr+, r If,j ', If v "4j1 11 [jr r.�r,v,iulnm
c,narlqr,wnh!air")prov¢linganlmpfrwod�;nrr,a�rifnrrwi IoriPl';iV,a;r,nuurrNdin[p;fr.r; ;affto HI if?
/lfls'f hr .Alrc /i. uvr.anr r,rand SI flrr r.r. drav,r, pr.up r, n fronn bm drip uff rind a;1 l"' fu,i1 vfndc
(Xn I,I(If ,f}s wl III(Wirle ,) crmI I,10I (I ();A I[ IA- (; dr uvhI ft a so a owII ( qo( , rrI IClio n 7nce
a. ru"I'l fri nLnrlu,ilu thu p av;a aAl III Ohc.;If rlr� f odrt3_
III„evlulfkuiivritriD wf�ofl y%Sl1,,nc'IaU,e c�nIfil`;pfinlf,f(,f;I.hP,ylrfrcdds?fI%i gmuIidSl➢-VryruuIdI,Ita,
ntapti rrrt for IfIP t11',Ir,0.
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City Council
23 — 39
4/20/2021
/ A 1/, Pr n -,ryi i9
I/' Slrtoc. KIAN.;�LAK AKKrtM ,nrtAl lmy
::STFl.-f Ei ME: 1`1-1 OF QtJAL..If I C A I I UN>
�RIEIFI,IFSENCI.
IRVINE VALLEY COLLEGE: B-QUAD IMPROVEMENTS +
ADA UPGRADES
Irvine Valley College (IVC) is committed to making their campus more accessible and have allocated
funds every year to continue to make those types of improvements to their campus.
Our Land Development Studio was awarded the project in the fall of 2019 and the scope included site
improvements for (3) separate portions of the campus where barriers to accessibility such as uplifting
panels and non -compliant slopes along an accessible path -of -travel needed to be addressed.
I he rrl a)n fi u,r> of lhf" pfuiecrt hr,+,tu nr,, trio J q rid I hr> vv;v3 ar, ?r.r,hn+.t to srzd 'ARA !ia;t pa, wear l (1)
f rF.ntrrr.af a(,nna huirlirort„mdr�rrn(rr', rfr9nPnonififrr:r,u f.iitr',;.u�tr.r, ruti,.t In, cr^wm itlthv,I ilq
h.i e I h , nnginA c,rnpp , nil irir, A("d h;aru) a ni,rnN,,r or ;rrw ar,rr ; vvilhin ihr, quad but ifk;r rtlm king it
rnnu,h th. nr� �: fr IYusy a1.r i h:d u+r frni:,,�e a rnr�u, nn is6a: chunri,� It.at wrrn �l'ublrr. , , IPo�, �ur,�:r, „ifa ity issn�s
h�l0 pu,r� rr-uireginf! hm npacr' Elkr: ulvrani utfa av fhog1 ils'ilzii'Ind �.,gd:r'f, ruo iN'calbal wMllrh the
a;�ampir; ANC fus�p era rl n r,rrup rrf ;r,nF�nmhr, rtr, �irt,n�inrl aftrrtrir rf, r.gf.:r.'r:r,Ve.rl Vne.i,r pra.fa:rr�.al aycvut
e f) �fabu';r1 RO IIJI pricaiq In uiakr, ,A in iI vvoii rl >h vvoi k v,rtto Vt he f (qr,r t , II ne tin b rlr, dgri v io
ot�fxr� a{a It r: �.t�a! c: irnt��cyvc: pf,rls,�d1 %uo+;,r+,�i:rh in nnakir y i, uifai�; vi,� r yacr,,i,, mh ra r.,ipnn ,rfrfn�r qrh anad
rrorn nrl VNNhlrl une
e vlorke.d with f } Wnn ey 7 on OI u5; prr lr,r,t nr� they pro,edrA A grmaml 3uruC:y rorl iiiyit�al
mnl,;pin} firer tl e Lr dric�t.
8]06
CLASSR04MS
B LABS
8100
tIASSA00MS. OffItES.
City Council 23 — 40 4/20/2021
22 - : v v. A .a.. nr n 1
I/' Slrt¢ IPIAM1 _LAh'AKKH S �riAd9W
Al
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SCOPE OF
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SERVICES AND
4/20/2021
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Fee Proposal
The fee proposal wiI be submitted concurrently with the technical proposal, but in a separately sealed envelope, clearly labeled as "Fee
Proposal." This wi I inc ode the firm Standard t lourly Fee Schedule, a table outln'ng the tasks and team hourly efforts for each of the
ma or tasks, and a Protect Fee Schedule as outlined in the Scope of Work
NOTED_ The fee proposal wiI not be opened until the proposals have been evaluated by the proposal selection committee_ The City will
select the consultant based on qualifications, and then negotiate a contract priced based on available funding.
City Council 23 — 44 4/20/2021
25 - : F F, A .a.. Nr n 110-1?o
I/' Slrt¢ IPIAN _LAh'AKKH S �riAION
4/20/2021
CE 11, 1If IOA -I IUhd>
ATTAC"IHIMENT 3-1
Appendix
ATTACIIMFENT 34: NON-COIJA SIGN AFF1 DAVIT
CLIL'I'1I%ICATIONS
NON-( OL.I1I,,5,(„CON APFIDAVn'
(Title 23 United Sulks Cnete Sxtion 112 and
Public Conrraci Coil, Sedion 71(16)
Tu the CITY Of SANTA ANA DEPARTMENT OF PLiHUC WORKS
In accoidaoce with Title 23 t!nitcd SrAlcs Code Sectintt 1 12 imd Public Contract, Code 710E the BIDDER
declares that the hill is not nnadc in the interest of, or on Ill of, any undisclosed Larson, pa,inership,
emnpany, »mociation, or.ouniriition, or corporation: t1tat the bid is geu,ire and not collusive or sham; that
the BIDDER has not directly fir indirectly induced or solicited piny odnet- BIDDER to put in a false or shalll
hid, and has not directly or indirectly colluded, conspired, connived or agreed with any 1111)DER or anyone
else to lilt in a sluun bid, rn that anyone shall refrain Item bidding; 111A the BIDDER has not in any
manner, directly or mdirec(ly, sought by agreement, collocation. or conference with ariyore to fix the
bid price of die BIDDER or any RIDDLR, or to fix any overhead, Prntit, or cost clement of the bid price,
or of that of any other RIDDER, or u) ..euire any advantage aS inst, die public body awarding the contraeL
of anyone inicrestcd in the Proposed contract: that till statements contlomd in die bid are true, and, Ruihei,
that the BIODI :R has not, directly or indirectly, suhntinetl his or her bid lViee or brr.+kdown [hereof, or
the cowuita thereof, or divulged information fir deal relative thereto, or paid, and will not pay-, any fee to
any cniprotuion, plutneiship, crnnpany association, organisation, bid deposi(ury, or to any member or agent
therucof to effectuate a collusive or shall, bid.
Note: 'I fie ahovc Non collusions AfhdivOt is fait of the Proposal. Signing this proposal m) the
signanlrc portion thereof ~hall idso consnnu,.ign,norc of this Non -collusion Affidavit. 131UDFRS
are cautioned thatin'Aing it false celmfica n miry subject doe cerrticr to criminal proecx;uuon.
Signed
.Stile Of C'alilnmia .�OtaryµbticoroiM1ef Ill Ift comprgfing>hMx�uoI"
YnI" [Mitl toy of[Mcale I unto Of L,kdnot
(_UUIILy fit _� tltcunInt Myth �li C.1 ftli lif li fltbChftl, o lml
Ibe [nxMuNat, �iauncy, �r wlitll(1' Of M61 f10l�l
SuhncnhcA and owoln in (or attirntedj befurc file on this day of 2p21 by
t• r L-ov U x- v=-- rovnl to oo. on the baAiA fit SaiisLactor evtdcncc t
f P Y o be the p •ison(s wllo zppemed
before role_
7 ( r x
N rary P ill, Signunlrc
'W, RkSHAULTTr LA/
-CI
�Yt L p. .Ana Ir LSl
Notary Public Seal
City of Santa Ana kFP 21}130
Pagu A3-1
City Council 23 — 46 4/20/2021
27 i -:/ /,'..rt A, 10-11j
I/' }Ili¢ IPIAN _LAh'AFKH lriA.lgN
CFf-tI IFIL'Rl IfJ CdS
6-'A T T A C II'"II II V II IL_: IN II 3 ._..2
Appendix
AT`PACFIMENT 3-2: NON -LOBBYING CERTIFICATION
litre prospective panidPsurt cotFties. by signing and aubmirling this bid or proposal, to the beat of hia nr her
knowledge and belief, ihuL
I _ NO federal apprupriruul lundx 11aVC been Paid of will ix pald, by titonbCIL911 OI the undersigned, to
any person n @x influecing or attetupting to flp i]ICnu cc aoflirer or enlplovee Of any fcdaul agcncv, a
Member of Congm,tc, an of7iccr of curployee of Congress, or an employee, of it Member or congi,s
III umncoGon will the iw,l litlg of any tcdCral cuntn¢L the making orally federal grant_ nc� malting
Of ally fedm:ll load, die entering; into of Anv cooperative Ageurlell , and the extcnsron. C011llrncll9rnr,
renewal, amend"Iellt, or modification ofany federal c0110:901. ?,rant, lualn, or cooperative agreement.
2 It any hltuh: Littler tltal todefal upPn+pnnted timdi have been paid or will be paid w airy lu:r�ou for
111OUCncing 01 Ananp[irlg to i n0ucncC Ally ntTcef or mill loycc of any tedelIA ageltcy, a Member of-
Congleas,AnOfficerOf0141 see 'If (QllgrCsS, Or an employe[ of a Meutber ofCongmss in
CIHmeCbolr with 1111S tederal anllnus, grant loao. loan or coopCr3tive agmemcnt, me ilndetsipped
shall conrplctc elld submit a `Disclositte of Lobbying Activities"_
This certification is a material rgire¢rntarion infect neon which reliance was Placed whpt this Irarssadlon wss made
or enlcred into. Subnitsmon of this cemliteation is a ptelrNmcily for making or cnrcring into this tnmsactmll imposed
by tiCLhnn 1352.'1file 31, A N. Code Any person who fails to file the reyuircd mirifiumon shall he sitbjc¢t M a dull
Penalty of not ICss than $10,000 and not more Ihall $I00,000 for each loch falorc.
The PfO,PCctivc Psrricip:uual,o agrees by auhmirting his or tier hid orpfopo,al dial he or she sbsll requtiv that lire
langaagC of this eMIfIcation be included in all 19wCr tier sobcontmne , which exceed XI00,000 arid than all such .�Ib
tedpients shallI eCrtity Arid dl,Lltt,c accordingly.
Finn
Signal old Printed
Dane,
16,
�2
Cily of Santa Ant KFP R-130- -_-- __-
Pxye A3-2
City Council 23 — 47 4/20/2021
ie -:r , r,ra.. hl A, Z,-l'j
11' ylrie. IPIAry _LAh'AKKrIS rriA.ION
CFf-iI IFICRTIr�C�IS
Ar; T II A a.. I H IM IL_: IN II 3'- 3,
by riles, rcgularions, or orderK of the Secretary of Labor issued pursuant uo Section 204 of Executive
Order 11246 of Septernber 24. 1965, so thin such provisions will be binding upon each Kubcono-acr
or purchase order is the administering agency nhay direct aS means of enlbreing such proviaiona,
including sanctions for nuncuinpliatim provided, however, that in the event the Consultantbecomes
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 requestthat the United States enter into
such liti,,ation to protect the inlcrcas of the [Inited Stares.
K Pursiwnt to C'alifm-nia Lahur Code Sccrion 1735, as :added by Chapter 643 Setts- 1439, and as
amended.
No dis.ximinotiun shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancearry, physical handicaps, oicntal condition, marital status, or
sex of such persons, except as providedinSecupti 1420, and any consultant ol'public works violariog
this Seecion is subject to_all the penalrice imposed fo' a violation ul`the Chapter,
C
Signed:
'I-itle:
r irm: j.._s ���,: 4� tv - iz: t.{ .'r.3-�/�n /l,i.:'..0 �(.�Li.' ..._ (0 SL1 -I l ty�
City of Santa Ana RFP 20-130 - __--
Page A3-4
City Council 23 — 48 4/20/2021
29 :, nr n, 10-1?o
1/' yIrt¢ IKIAry� LAH AKKN S rriA.IgW
m
City Council 23-49 4/20/2021,
w
W�W1AWW
:a M.'i [ • l :a►±\ ■ [ •
Fee Proposal
..
.
Civil Engineer (Little)
$2,400.00
20
Landscape Architect (Little)
$1,320.00
12
Structural Engineer (Little)
$750.00
5
Environmental Graphics (Little)
$0.00
0
Electrical Engineer (Linwood)
$500.00
5
Survey (JT Engineering)
$3,500.00
NIA
Geotech (TerraCon)
$6,500.00
N/A
Civil Engineer (Little)
$1,500.00 12
Landscape Architect (Little)
$2,600.00 24
Structural Engineer (Little)
$2.500.00 20
Environmental Graphics (Little)
$0.00 0
Civil Engineer (Little)
$1,500.00 50
Landscape Architect (Little)
$2,600.00 30
Structural Engineer (Little)
$2,500.00 30
Environmental Graphics (Little)
$750.00 5
Civil Engineer (Little) $8,250.00 75
Landscape Architect (Little) $3,300.00 30
Structural Engineer (Little) $2,500.00 20
Environmental Graphics (Little) $750.00 5
Electrical Engineer (Linwood)
Civil
$2,500.00 20
$7,530.00 59
Landscape Architect (Little)
$3,300.00 30
Structural Engineer (Little)
$2,500.00 20
Environmental Graphics (Little)
$750.00 5
Electrical Engineer (Linwood)
$2.500.00 20
City Council
1 n r,nw r mm
NFA, IIAN I'hXIlK HF1 F\I1HhIf1N
23 — 51 4/20/2021
L „I, T. T L E.
11 BBB __.Y _.Y.. •__.®.•
Civil Engineer (Little)
$3,600.00
36
Landscape Architect (Little)
$1,980.00
24
Structural Engineer (Little)
$750.00
5
Environmental Graphics (Little)
$750.00
5
Electrical Engineer (Linwood)
$1,500.00
12
PROJECT TOTAL $73,930.00 598
Civil Engineer & Landscape Architect (Little) $3,000.00 30
Structural Engineer (Little) $500.00 5
Civil Engineer & Landscape Architect (Little) $93500.00 80
Structural Engineer (Little) $4,000.00 36
Electrical Engineer (Linwood) $1,500.00 14
L`InTl=i!l!I eJMOr11- I
Principal
$280
Jr. Interior Designer
$125
National Practice Leader
$270
Lead Engineer
$235
Studio Principal
$265
Sr. Engineer - Project Manager
$225
Studio Leader
$240
Project Eng. - Sr. Designer
$190
Senior Project Manager
$225
Engineer- Designer
$180
Protect Manager
$205
Eng. Intern 3
$150
Protect Architect
$190
Eng. Intern 2 - Sr. Technician
$140
3D CADD Specialist
$175
Eng. Intern 1 - Technician
$130
Senior Technician
$160
Sr. Specifier
$190
Technician
$135
Sustainability Project Specialist
$155
Design Principal
$265
Specifier
$150
Senior Designer
$205
Sustainability Faciltator
$125
Designer
$145
Protect Facilitator
$120
Jr. Designer
$125
Support Staff
$110
PM — Interiors
$190
Support Staff
$110
Sr. Interior Designer
$175
Intern (college)
$90
Interior D
K Council
- -
- 23 — 52
4/20/2021
AJ ('. RFP NO 34 12D
Y^'9 Ht I HANCJ AH PAHK Ht".IOHH ION 2
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
April 20, 2021
TOPIC: Agreement with CLR Design, Inc. for Bidding and Construction Administration
AGENDA TITLE
Approve Agreement with CLR Design, Inc. for Bidding and Construction Administration
Services for the Santa Ana Zoo Giant River Otter and Primate Trails Project in the Amount
of $106,980 With an Estimated Total Cost of $118,000 (Project No. 16-2658) (Non -
General Fund)
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with CLR Design, Inc. for Bidding
and Construction Administration Services for the Santa Ana Zoo Giant River Otter and
Primate Trails Project, for a two-year period beginning April 20, 2021 and expiring April
20, 2023, with provisions for two one-year renewal options exercisable by the City
Manager and City Attorney, in an amount not to exceed 5118,000, including any
renewals, subject to non -substantive changes approved by the City Manager and City
Attorney.
DISCUSSION
The Amazon's Edge exhibit at the Santa Ana Zoo opened to the public in 1993. Through
the Giant River Otter and Primate Trails Project, the exhibit will be renovated, upgraded,
and expanded into a new multi -species complex. The complex will include giant river
otters and large primates. Improvements include renovation of the current exhibit area,
water moat, life support -water filtration system, viewing structure, and holding facility. The
project will also include the addition of an adjacent exhibit area, which will be connected
to the original Amazon's Edge by an overhead primate trail system.
CLR Design Inc. was originally retained in 2016 through a competitive procurement
process to provide zoological design services for the renovations to the Amazon's Edge
exhibit. The agreement laid out a five -task approach for completing the scope of work. In
January 2018, the City Council authorized an amendment to the agreement to expand
the scope in response to the Association of Zoos and Aquariums' concerns about current
primate housing at the Zoo. The design and plan check process for the additional work
was lengthier than anticipated and the terms of the agreement were exhausted before the
final task (Bidding and Construction Administration) could be completed.
City Council 24 — 1 4/20/2021
Approve Agreement with CLR Design, Inc.
April 20, 2021
Page 2
Staff recommends approval of the agreement with CLR Design, Inc. (Exhibit 1) in order
for the firm to complete the final task due to the specialized design, uniqueness, and
complexity of the project and the services they provide. It is critical to keep the firm as
part of the construction administration team to assist with answering detailed questions
during the bid period, to prepare addenda, to respond to Requests for Information, assist
with submittal review, to attend site meetings, and conduct site inspections.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
The following table summarizes the funds budgeted and available for the estimated total
cost of the agreement. Any unspent funds will be carried forward for the agreement term
and renewal periods, if exercised.
Accounting
Accounting Unit —
Fiscal
Unit -Account
Fund
Account
Amount
Year
No.
Description
Description
Project No.
Residential
Acquisition and
2020-21
31313260-66220
Development
Development,
$118,000
(16-2658)
District 3
Improvements Other
Than Building
1. Consultant Agreement
2. Cost Analysis
Submitted By:
Nabil Saba, P.E., Executive Director— Public Works Agency
Lisa Rudloff, Executive Director— Parks, Recreation, and Community Services
Approved By: Kristine Ridge, City Manager
City Council 24 — 2 4/20/2021
CONSULTANT AGREEMENT
CITY OF SANTA ANA
This AGREEMENT is made and entered into this 20`1' day of April, 2021 by and between the City of tianta
Ana, California. a charter city raid municipal corporation organised and existing under the Constitution
and laws of the State of Calilornia, (hcrcinallcr "CITY") and CLR Dc:;ign, Inc. (he-cinalle-
"CONSULIANT").
RECITALS
A. The CITY desires to retain a consultant having special skill and knowledge in the field of
Construction administration and nranageinent services for the Santa Ana Zoo Giant River Otter and
Primate Trails Project.
B. CONSULTANT represents that CONSULTANT is able and willing to provide such services to
the CITY.
C. In undertaking the performance of this Agreement, CONSULTANT represents that it is
knowledgeable in its field and that any services performed by CONSUTAAN't tender this
Agreement will be performed in compliance with such standards as may reauonably he expected
f otn a professional consulting firm in the ficlet
NOW THEREFORE, in consideration of the mutual and respective promises, and subjeCL to the tenors
and conditions hereinatter set to•th, the parties agree. as follows:
I. SCOPE. OF SERVICES
CONSULTANT shall perlbnm during the term of this Agrecntet, the tasks and obligations
including all labor, materials, tools, cquipmcnt, and incidental customary work rcquircd to fully and
adaluately complete the services described and set fordr in Scope of Services - Exhibit A. attached hereto
and incorporated by reference. The Scope of Services Shall include a Schedule for the Delivery of
Services which shall be delivered as prescribed, beginning upon the Cl IN's issuance of a Notice to
Proceed.
2. COMPENSATION
CTTY agrees to pay, and CONSTLTANT agrees to accept as total payment for its services for
CITY, the rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated
by reference, the uual arnount of which shall not exceed One Hundred Eighteen Thousand Dollars and No
Cents (S I IS,000.00) for the term oftlie agreement. Compensation shall be processed in accordance with
Section 1 H-
3. TERM
This Agreement shall convnence on the date first written above for it two-year term with the
Option tot, the CITY to grant up to two (2) one-tiear renewal option(s) exercisable by the City Manager
and the City Attorney, unless terminated earlier in accordance with Section 15, below -
City Council
24 — 3 4/20/2021
mr_01/26%LI 17 1'age 1 O($
4. INDEPENDENT CONTRACTOR
CONSUL A N I shall, during the entire term of this, Agreement, beconstrued to be an independent
conu-auor 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 exurcisc
discretion of 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 CONSUL I AN I' shall
be provided in it manner consistem with all applicable slandarzis and regulations governing such services -
CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemploymait
iristrranec and similar taxes relating to employees and shall be responsible lot all applicable withholding
taxes.
5. (OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for CITY to copy, use. modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible nnedmin or expression, including but not limited to, physical drawings or data nnagnelically or
otherwise recorded on computer diskettes, which arc prepared or caused w be prepared by
CONSULTANT under this Agreement ("Docurncnts & Data'). CONSULTANT shall require all
subcontractors to agree in writing that CITY is granted a non-exclusive and perpetual license for any
Documents &c Data the subcontractor prepares under this Agreement. CONSULTANT represents and
warrants that CONSULTANT has the legal right to licennsc any and all DOCnrnCrntS & Data -
CONSULTANT rnakes no such representation and warranty in regard to DOCtrmenls & Data which were
provided to CONSULTANT by the CITY. CITY shall not be limited in any way in its use of the
Documents and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at CITY's sole risk.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, CONSULTANT shall maintain
and shall require its subcontractors. 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, rcsultiug front ally act or oceurrcucc arising out Of
CONSUIXANT's operations in the performance of this 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 thcrefi-otn, and property damage, in the total amount of S1,000,000 per
occurrence, with S2,000,000 in the aggregate. Such insurance shall (a) natne the CITY, its
officers, employees, agents, and representatives as additional insured(s); (h) he, primary
and not connibutory with respect to insurance or self-insurance programs maintained by
the CITY, and (c) contain standard separation of insured's provimon.s-
City Council 24 — 4 4/20/2021
Page 2 ol'R
b- Business automobile liability instu-aneC, or equivalent form, with a combined single limit
0f Iiri less than $1,000,000 per occur-ence- Such insurance shall include coverage for
owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, CONSULfAN f, it CONSULfAN f has any employees, is required to be
insuredagainstliabilityf:u-worker'scompensationortoundertakeself-insurance, Priorto
Commencing the performance of the work under this Agreement, CONS U.TANT agrees
to obtain and maintain any emplover's liability insurance with limits not less than
$1,000,000 per accident.
d- II 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.
C. The tollowing reluirements apply to the insurance to be provided by CONSUL TANI
pursuant to this section:
i. CONSUL FAN ]'shall maintain all insurance required above in hill force and effect
for the entire period covered by this Agreement.
it- Certificates of insurance shall be famished to the CITY upon execution of this
Agrcancnt and shall be approved by the CiTY-
iii. Certificates and politics shall state that the policies shall not be caliecicai or reduecd
in coverage or changed in any other material aspect witltout thirty (30) days prior
written notice to the CITY -
iv. CONSULTANT shall supply CITY with a billy executed additional insured
endorsement.
f If CONSULTANT fails or refuses to produce or maintain the insurance required by this
section 01 fails or refuses to tumi h the CITY with tcquircd 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. SUCII termination shall not affect L .ONSULTANT's
right to he paid for its time and materials expended prior to notification of terminatiow
CONSULTANT waives the right to receive compensation and agrees to indemnify the
CITY for any work perforineal prior to approval ul' insurance by the CITY.
7. INDTMNITICATION
To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold
harmless CITY, its officers. agents and employees (collectively, the `indemnified parties") from and
against any and all claims (inehtding, without limitation, claims for bodily injury, death or damage to
property), demands, Obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including, without limitation, attorney', fees, disbursements and
court cost,) Of every kind and nature. whatsoever (individually, it Claims C011cctivcly, "claim,"), t0 any
work performed or services provided under this Apycetnent arising out of, relating to or pertaining to the
negligence, recklessness or willhil misconduct of CONSULTANT, its principals, officers, agents,
employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any
of them or for whose acts they may be liable for any or Lill of them Notwithstanding the foregoing, nothing
herein shall be construed to require CONSULTANT to indemnify the indermtificd nartics from any claim
City Council 24 — 5 4/20/2021
Page 3 o I' 8
arising front the sole negligence or willful misconduct of the indemnified parties. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the CONSULTANT.
S. iNTEi LECTUAi. PROPERTY INDEMNIFICATION
CONSULTANT shall delend and indemnify the CiTY, its officers, agents, representatives, and
employees against any and all liability. including costs, for intringenicnt of any Urlacd States' letters
patent, trademark, or copyright intiingenrent, including costs, contained in the work product or documents
provided by CONSULTANT to the CITY pursuant to this Agreement.
9. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed
under this Agreement. CONSULTANT shall maintain Coln plete and accurate records with respect to the
costs incurred under this Agreement and any services, expenditures, and disbut-sente»ts charged to the
CiTY for a minimum period of three (3) years, or lot any longer period required by law, from the date of
tinal payment to CONSULTANT under this Agrccmcnt. All such records and invoices shall be cically
identitiable. CONSU1,1 AN I shall allow a representative of the Cll'Y to examine, audit, and make
transcripts or copies of suds records and any other documents created pursuam to this Agreement during
regular business hntrr-. CONSULTANT shall allow inspection of all worli, data, documents, proceedings,
and aetivitics rvlatcd to this Agrccmcnt for a period of three (3) ycals front the date offinal payment to
CONSULTANT Undcr this Agrccmcnt.
to. CONFIDENTIALITY
Ih CONSULTANT receives from the CITY information which clue to the nature of such
information is reasonably understood to be conlidcattial and/orproprictary, CONSULTANT agrees that it
shall nOCtlse ordisdose site[) information except in the performance of this Agreement, and turtlicr ac,rces
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. "Conlideluial III [on nation" shall include all nonpublic information.
Corofidcotial information includes not only wriucn infimrration, btu also infinntatioo uansfuncd orally,
visually, cleclromeally, or by other means. Confidential information disclosed to either party b-y any
subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of
non-usc and nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault ofthe CONSUL I AN I' disclosed in a publicly available source,
(c) is in right Ll possession ol' the CONSULTANT without an obligation of confidentiality (d) is required
do be diSCIOSCd by operation of law; or (c) is independently develOped by the CONSULTANT without
reference to information disclosed bythc CITY.
It. CONFLICT OF INTEREST CLAUSE
CONSULTANT covenants that it presently has no itucrests and shall no[ have interests, direct or
indirect, which would conflict in any manner with performance of services. Conflict may be further
specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
City Council
24 — 6 4/20/2021
Page 4 of 8
12. DISCRIMINATION
CONSUL I AN f shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as delined and prohibited by applicable
law, in the recruitment, selection, a airing, utilization, promotion, termination or other employment related
activities. CONSULTANT affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and reculatioos and as further specified in Certifications- Exhibit
C, attached hereto and incorporated in Lhis Agreennenl by reference_
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and eachrsive statement between the CITY and
CONSULTANT, and supersedes any and all other agreements, oral or written, between the parties. In the
CVCnt of a confliet betwCCn the rants of this Agrccnncrnt and any auachntcnts hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by "' iuen 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 instronnent that arc inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate CONSIAXAN f or the CH Y, h:ach parly to this
Agrcanent acknowledges that no representations, induwmams, promises or agrcanenls, orally or
other wise, have been made by any party, or anyone acting on behalf of any party, which is nix embodied
herein.
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of CONSULTANT,
CONSULTANT ma_y not assign, transfer, delegate. or subcontract any imerest herein without the prior
written consent of the CITY and any such assignment, transfer, delegation or subcontract without the
(TTY's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the CTTY's ability to have any of the services which are the subject to this Agreement
perfra ntcd by CITY personnel or by other consultants retained by CITY_
15. '1FRMINATI0N
This Agn-ecntent may be tc ininated by the CITY upon thirty (30) days written notice of
termination_ 111 such event, CONSULTANT shall be entitled to receive and the CITY shall pay
CONSULTANT compensation for all services performed by CONSULTANT prior to receipt o1 such
notice of termination, subject to the fol lowing conditions:
a. As a condition of such payment, the Lxecutive Director may require CONSULTANT to
deliver to the CITY all work product(s) completed as of such date, and in such case such
work product shall be the propeny of the CITY unless prohibited by law, and
CONSULTANT consents to the CITY's use thcrcol' Ibr such purposcs as the CITY deans
appropriate.
b. Payment need not be made for work which fails to meet the standard of pctI-ormance
specified in the Recitals of this Agreement.
City Council
24 — 7 4/20/2021
Page 5 of 8
16. JURISDICTION - VENUE
.this Aq'oennent has been execrated and delivered in the State of California and the validity,
inLerpretmioil, per161111anCC, and eni'orcemenL of any oI'the Clauses of this Agreement shall be detel-Inined
and governed by the laws of the State of Calilonnia. Both parties further a6 ce 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.
17. PROFESSIONAL LICENSES
CONSULTANT shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
required by the laws and regulations of the Tlnited States, the State of California, the City of Santa Ana
and all other govcrnmenlal agencies. CONSULTANT shall notify the CITY immediately and in writing
of it; inability to obtain or maintain snCh permits, license;, approvals, waivers, and exemptions. Said
inability shall be cause for termination of this Agreement.
is. PAYMENTS & INVOICES
a. Payment by CITY shall be made within lbity-live (45) clays following receipt ol'propa
invoice evidencing work performed, subject to CITY accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth in
the Recitals which may reasonably be expected by CTTY.
b. Invoices should be submitted on the 15th of each month and shall include the following
information at a minimum:
i. CONSU I RANI"s invoice number and CTTY's agr'ecment number
ii. Beginning and ending dates fin- services
in. CITY Project and/or Task Orde-rmmnber and/or name (if applicable)
iv. Work site address/location (if applicable)
V. Tasks or deliverables completed and percentage (%) of total services completed.
vi. Remaining Overall and Task Order budget available
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
b. Bach undersigned represents and warrant, that its signature herein below has the power,
authorily and night to bind their respective parties to each of Lhe leans of this Agreement,
and shall indemnify CITY fully, including reasonable costs and attonnev's fees, liar any
injuries or damages to CITY in the event that such authority or powct is not, in fact, held
by the signatory or is withdrawn.
C. All Exhibits referi-rrecd herein and attached hereto shall be incorporated as if fully set forth
in the body of this Agreement.
City Council
24 — 8 4/20/2021
Page 6 of 8
20. NOTICE
Any notice, tender, demand, delivery, or other Communication pursuant to this Agreement shall be
in writing and shall be deemed to be properly given if delivered in person or mailed by fast class or
certified mail. postage prepaid, or sent by latx or other telegraphic communication in the manner provided
ill this Section, to the tilllowitg PersonS:
To CITY -
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1999
Santa Ana, CA 92702
Fax: (714) 647-6956
With courtesy Copies to:
Fxeclttive Director, Public Works Agency
City of Santa Ana
20 Civic Centel' PIa7s (M-21)
P.O. Box 1988
Santa Ana, CA 92702
Fax_ (714) 647-56,35
To CONSULTANT:
Gregg Leicester
Principal
CLR Design
34921 Calle Del Sol
Capistrano Beach, CA 92624
Fax_ (215) 564-0250
City Attorney
City of Santa Ana
20 CIViC Center PIa7a (M-)9)
P.O. Box 1988
Santa Ana, CA 92702
Fax: (714)647-6515
A patty may change its address by giving notice in writing to the other patty. 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
State,, mail, duly registered or certified, with postage prepaid, and addressed as sa forth above. Ihscnt by
tax, Communication Shall be ettective or deemed to have been given twenty-four (24) hours atter the time
set forth on the tl'anSnllssloll report issued by the transmitting facsimile machine, addressed as set forth
above. Forpnrposes ofcalculating these time lhtnles, weekends, federal, state, County or CTTY holidays
shall be cxCludcd.
City Council
0
4/20/2021
Page 7 of 8
TN WTTNESS WHEREOF, the panics hereto have executed this Agreement on the day and year first
above "riuen-
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVF D AS TO FORM:
SONIA R. C'ARVAI HO
City Attorney
By: 714-1- T�L
J(6AN FUNK
Senior Assistant City Attotiley
RF.i'OMMF.NDF.D FOR APPROVAL:
NAB1L SABA
Executive Director
Public Worlc, Agencv
CITY OF SANTA ANA
KRISTINE RIDGE
City Manage
CONSULTANT:
CLI: Design. Inc.
ti-A#CF,C�G LEICESTER
Principal
Tax1D# 23-262220
City Council 24 - 10 4/20/2021
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
City Council 24 — 11 4/20/2021
I:'I:jI ]kr>:1
EXHIBIT OE;I.:N Afli n ITE--T'. HE '_ANO:CArE ABCHITECT4 FE
February 10, 2021
Mr. Michael Ortiz, P.E.
Senior Civil Engineer
Public Works Agency
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Sent via email
Re: Task 5 Services for the Santa Ana Zoo Giant River Otter & Primate Trails Project (No. 16-2658)
Dear Michael,
As a fallow -up to our email correspondence and phone conversation last week, we appreciate this
opportunity to submit a proposal for Bidding and Construction Administration Phases services for the
above referenced project. We are proud of the work our team has accomplished to date and are excited
by the prospect of the execution of this project and what this will mean for the Zoo and City of Santa
Ana community.
1. THE TEAM
CLR has retained a team of qualified consultants to provide professional services during the Bidding and
Construction phases (all consultants were involved with the design and permitting phases of work).
• CLR Design Inc. — Project Management & Administration, Architecture, Landscape
Architecture, and Exhibit and Animal Holding Design
• KPFF— Civil Engineering
• KPFF— Structural Engineering
• 5&K— Mechanical, Electrical, Plumbing & Technology Engineering
• UP— Life Support System Design
Overview: CLR Design, Inc. (CLR) is an award -winning architectural and landscape architectural firm
focused on designing zoological and botanical spaces around the world that inspire, educate, preserve
and protect. With a solid theoretical and practical design foundation, and over 3S years of focused
experience, we remain at the forefront of key innovations and trends that began with the advent of
landscape immersion and now include activity -based design for animals, adventure education, campus
ecology, and sustainable design solutions.
Our Team's work on Lhe GianL OLLer projecL began in December or 2016 wish Preliminary Design, and we
most recently completed Detailed Design with a Bid package submission to the City on November 16,
2020.
City Council 24 — 12 4/20/2021
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149J'. III '.- nd .nl • 1,I,t1ann H-.,rh. rn c?Q4
2. THE PROJECT
The project area is approximately 3S acres +/- in size and includes the following key program elements:
Renovation to the existing animal holding building
Renovation to Amazon's Edge Habitat to house Giant River Otters in a themed naturalistic
riverine environment
New Howler Monkey Habitat
• Primate Trail Systems
• New Underwater View Area of Otters for Guests
Redevelopment of the existing Deck View Shelter
New/enhanced Visitor Pathways and Landscape
• Water Filtration System (LSS) for the Otter Pools
Misc. rail systems, fencing, irrigation, lighting, and site furnishings
Coordination with Interpretive Graphics and Elements
Budget: We understand the Construction Budget to be $3.6M +/- exclusive of soft costs and any
other direct Owner/City costs.
k3EYd•]L�•1�G1;1il
Our Team has completed Preliminary Design and Conceptual Design (Tasks 1 and 2), Design
Development (Task 3), Construction Documents (Task 4) and Permitting (portion of Task 5.1) to date.
See the original 12/2016 Agreement for a description of these work phases.
CLR will provide Bidding and Construction Administration phase services for the project described above
including architecture; landscape architecture; exhibit design; caging design; and coordination of
structural engineering; MEP engineering; civil, and life support system engineering.
TASKS.1: Bidding
The key Design Team memhers will participate in a pre -hid meeting(s) as necessary in ardor to present
the project Lo bidders and answer questions. We feel LhaL it is critical wish the uniqueness of zoo
projects such as this, that we participate in giving bidding contractors the "big picture" as well as answer
detailed questions. The Design Team will also be available by telephone/web-hased meeting during the
hid prncrsc to nnswrr qumtiont.
Key Tasks-
• Participate in pre -bid walk-thru and interview contractors as needed
• Review and respond to contractor RR's during the bid period
• Issue clarifications to the Bid Documents/Addendum if necessary, for both contractors and City
Agencies as part of the permitting process
• Review Substitution Requests submitted by the contractors
• Assist with analysis of construction bids and participate with the Zoo/CM to make final
recommendations
TASK5.2: Construction Administration
The unique nature of zoo facilities and construction requires the experienced involvement of CLR as well
as the day to day availability of our local engineering firms. It is anticipated that CLR will attend
approximately one meeting per month on -site at critical stages during construction. The CLR Team will
provide the necessary services outlined below.
City Council 24 — 13 4/20/2021
Key Tasks:
• Site Observation Reports
• RFI responses
• Review and processing of Submittals and Shop Drawings
• Issue clarifications to the Construction Documents via ASI
• Design Team attendance of weekly Owner/Architect/Contractor coordination meetings, either
via conference call or web -based application (i.e. Zoom), or on -site periodically if required
• Review of contractor Change Notifications and Change Orders (assist the City Project
Engineer/Manager with this effort)
• Review of Certificates of Payment/Pay Applications (assist the City Project Engineer/Manager
with this effort)
• Issuance of Punch -List and final Punch -List observation on -site
TASKS.3: Project Closeout
We know the importance of seeing a project through until the very end. I his is the time when
contractors typically demobilize and start thinking about the next project. We feel it is imperative for the
Owner/Architect/Engineer team to stay on task to ensure the project is complete and the full vision is
realized. The CLR Team will provide project close-out services as outlined below.
Key Tasks:
• Final Punch -List observation on -site and processing of final Pay Application
• Review of Contractor providod As-Builts and issuance of PDF Record Documents. CLR and Team
will review As -Built intormation provided by the Contractor for completeness but are not
responsible for detailed editing/revisions. This is the responsibility of the Contractor.
• Mechanical/LSS Systems Start -Up (as required)
• Review of O&M Manuals, Warranty Packages, and Service Provider Agreements
4. SCHEDULE
The following is anticipated (Feb through May/June 2021 Schedule below provided by City of SA), dates
are approximate:
SA 7oo Giant River Otter Fxhibit
RFQ
Week of February 1st
RFI Deadline
February 25th
Proposal Due Date
March 11th
Proposal Review (Committee)
March 15th - March 19th
Pre-Qual Letter
March 19th
Protest Period
Week of March 22nd
Advertisement Date
March 30th
Bid Opening Date
April 20th
Council Award Date
May 18th
Construction Start Date
May -June 2021
• Construction Duration anticipated to be 12 months 1 /-
City Council 24 — 14 4/20/2021
5. COMPENSATION
CLR will carry out the work described above for a lump sum Professional Fee of One -Hundred and One
Thousand Four Hundred Eighty Dollars ($101,480).
Reimbursable expenses are in addition to the Professional Fee and represent the cost of travel,
reproduction, scanning, mailing/shipping and long-distance communication. Reimbursable expenses are
billed as incurred at cost and are estimated to be Five Thousand Five Hundred Dollars ($5,500). This is
not an upset limit.
Invoices are prepared monthly based upon the percentage of work completed and are due upon receipt
If invoices remain outstanding for forty-five (4S) days, CLR reserves the right to stop work on the project
until outstanding balances are resolved with an equitable adjustment to the project schedule and
compensation, if required.
Breakdown:
Consultant
Scope
Task S Fees
CLR Design
Architecture, Landscape Architecture,
Exhibit Design, Project Mana ement
$58,080
KPFF
Civil Engineering
$6,000
KPFF
Structural Enginccrinr
$15,840
S&.K
Mechanic,)l & Plumbing Fngineering
$3,850
S&K
EI¢Lricdl Gigiucuing
$3,850
TJP
I Y5 Fnginearing
$13,860
Subtotal
$101,480
Expenses
$5,500
Subtotal
$106,980
6. ASSUMPTIONS
A. If subsequent Zoo/City of Santa Ana directives alter the anticipated scope of work, CLR reserves the
right to modify this and futurr_ Proposals.
B. CLR assumes the Zoo/City of Santa Ana will provide a Project Manager who will be CLR's primary
contact, and will participate, represent, and coordinate the project with the Zoo in a timely
manner including workshop/staff coordination and Construction procedures.
C. LSS Scope Clarifications:
• Construction Administration Phase:
Visit the project site to observe construction. We (TJP) have assumed a total of two (2)
visits during CA. One TJP engineer will visit the site for one day for each visit, plus travel
time. One of these visits will be at the time of project completion and report on
completeness of construction. Typically, the LSS will be operational at this time and
may be operated by the Contractor or the Owner. This final visit will either follow up on
a previous punch list or be the time when a final punch list is created. The source of
information for the punch list will consist of information provided to TJP, Inc. by the
Owner, the Contractor, and from visual observations that can be made during a site
walk-through.
City Council 24 — 15 4/20/2021
u Inform the Owner's operational staff of the engineering principles and the original
design intent.
o Assist or provide information during testing and start-up and acceptance of systems
from the contractor. This is sometimes referred to as "commissioning" which we define
to mean "to put into active service." Our service consists of part-time visual
observations during field visits and does not relieve the contractor of responsibility for
completeness of construction.
• Additional LSS Services (Not included in this proposal but can be added upon request):
LSS Ooerating Manual: Prepare a text only operating manual to summarize basic system
operations including filling pools, draining pools, starting the system, backwashing
filters, and other routine operations. The manual will also have recommendations for
system and component maintenance. No additional trips have been included for
development of this manual.
Compensation:
Professional Fee $9,900
Y Estimated Reimbursable Expenses: $150
Additional Startup Service: TJP would have a representative onsitc for the three-day
startup and initial operations period for the new system to observe progress and
provide technical support as the Contractor runs the system. During this time, we can
also include the Zoo's operations staff that will be running the system in startup
activities to assist with training.
Compensation:
y Professional Fee: $6,60o
Estimated Reimbursable Expenses! $1,500
D. CLR assumes the Contractor or the City will provide special inspections and testing services
required by local agencies.
E. It Is assumed that the City will print and distribute Bld Documents at their own expense, or the
expense shall be covered by bidders.
F. We anticipate utilizing the Consultant Agreement, City of Santa Ana (either new or extension to
our 12/21/2016 Agreement) Standard Form of Agreement between Owner and Architect, as our
contract. This letter will be attached to that document and will become part of the Agreement-
G. Geotechnical Engineering services are not included.
H. Interior Design Services are not included.
I. Interpretive Design Services are not included.
City Council 24 — 16 4/20/2021
We trust this proposal reflects your understanding of the desired work to be completed by the CLR
Team. Please review this proposal and if you have any questions, do not hesitate to call. If this proposal
is acceptable to you, please execute one copy and return it to CLR for our files. We look forward to
continuing Our work with you on this exciting project.
Sincerely,
Gregg Leicester, ASLA, LEED GA
Principal
CLR Dcsign Inc.
cc: Karen Marshall, Kelsey Weber
City Council 24 — 17 4/20/2021
EXHIBIT B
COMPENSATION
I cc Proposal including hourly rates
City Council 24 — 18 4/20/2021
F.MWPW0.M0.MWWPMWMPWW
D E S I G N
LSMIIIIT DESIGN . AHCXITECTURL . LANDSCAPE ANCINTLC1111L
Standard Hourly Billing
Rate Schedule
Classification Hourly Billing Rate (US Dollars)
Senior Principal
$255.00
Principal
$250.00
Senior Associate
$210.00
Landscape Architect --- Level 5
$190A0
Landscape Architect — Level
$150.00
Landscape Architect — Level 3
$125.00
Landscape Architect — Level 2
$105.00
Landscape Architect — Level 1
$ 90.00
Architect — Level 5
$190.00
Architect — Level 4
$150.00
Architect — Level 3
$125.00
Architect — Level 2
$105.00
Architect — Level 1
$ 90.00
Senior Graphic Designer
$160.00
Graphic Designer
$ 95.00
Technical Support
$ 85.00
Reimbursable Expenses Rate
Printing, Reproduction, Postage &
Long Distance Communication
Travel and Subsistence
cost
cost
The rates stated above represent current hitting rates. CLR reserves the right to modify
these hourly rates to reflect increases resulting from annual salary reviews.
CLR Design, Inc., 0910112019
City Council
24-19
4/20/2021
t 215.564. 0250 • wmw.clyde;ig n.com - 833 chestnut street, suite 909 • phlladelphia, pa 19107
34921 calle del SoI • capistrano beach, ca 92624
ENGINEERING
RATE SCHEDULE (USD)
FOR SERVICES By
T-P ENGINEERING, INC.
Hourly Rotes FffeCtive lonuary I, 7071
(Roles will remain the some Inrougn December 31, 2021,
Senior Proressional Engineer $185/Hr
Professional tngineer $ 16J/l Ir
Associate Engineer $ 140/Hr
Senior Designer $ 1 15/Hr
Designer $ 105/Hr
Drafter $ 85/Hr
Clerical $ 7511 Ir
Travel days will be. billed of 8 hours times the normal billing rate unless otherwise
agreed in wriling. Travel expenses will be reimbursable and include all reasonable
items associated with the client's travel request which include but not limited to
hotel, plane (business class for flights longer than 6 hours), car or taxi, breakfast,
lunch and clinner, long distance telephone Or infernet services while traveling.
Project reimbursable shall include all reasonable expenses expended in the course
of providing services as defined within the project scupe and upprouch.
he above rates and charges include normal clerical services, office equipmcnf
and mntr:rink ii r:d in cnnnecfinn with providing Our ringinerir-lg servicPs, excepf
os noted above or within our written propnsol or agreement. Mnr ithly billings will
be furnished for ull services rendered. Payments skull be due and puyable upon
picsenlalion or invoices. All rules are clreclive unlil Dcr-ember 31, 2021. For
contracts beyond Doccmbcr 31, 2021 there will be a 4T,, increase per year, unless
ntherwise, agreed upon in writing. All fees will he hilted using the current rate in
ettect unless otherwise stipulated by propnsol or agreement.
cil 24 — 20 4/20/2021
700 SOUEh F/DVICf SCICCE. SLUEC 2100 Los Ar i/cles. CA 90017 213 418 0201 kpff.mm
KPFF CONSULTING ENGINEERS
LOS ANGELES CIVIL DIVISION
:011111NWA.73im&3Q7I!l11111144
2021
PRINCIPAL -IN -CHARGE......__._____........__ .............................
$250.00
SENIOR CIVIL ENGINEER ................................____._____.........
$205.00
PROJECT MANAGER......................................................................
$185.00
PROJECT ENGINEER/PROJECT SURVEYOR____._ ..................
$155.00
DESIGN ENGINEER/SURVEY ANALYST...................................$140.00
CHIEF CAD OPERATOR................................................................
$170.00
DRAFTER/CAD OPERATOR.........................................................$140.00
ADM I N ISTRATIV E/SECRETARY....................................................
$95.00
FIELD
SURVEY - KPFF RATES
SURVEY CREW.....................................................$175.00
ONE -PERSON
TWO
-PERSON SURVEY CREW..................................................$230.00
THREE -PERSON SURVEY CREW
FIELD SURVEY PREVAILING WAGE RATES
$285.00
ONE -PERSON
-
SURVEY CREW._ .
TWO
-PERSON SURVEY CREW __...............___._____.........
$330.00
THREE -PERSON SURVEY CREW ..............................................
$395.00
Note: Hourly rates will be updated on an annual basis throughout the duration of the project. and
services will be billed at the hourly rates in place at the time the service is provided.
City Council 24 — 21 4/20/2021
KPFF CONSULTING ENGINEERS
HOURLY RATE SCHEDULE
2021
19 70[11➢91111111011doyf ih=
SENIOR PROJECT MANAGER
PROJECT MANAGER......
PROJECT ENGINEER
1.7*WWRVIrd `ISS1
PROJECT DRAFTER
DRAFTER / CAD OPERATOR....
ADMI NISTRATIVF/SFCRFTARY
me
dd
................ $250.00
................ $205.00
................ $185.00
................ $155.00
................ $140.00
................ $1 G5.00
...... --- $140.00
.................. 595.00
Note: Hourly rates will be updated on an annual basis throughout the duration of the project,
and services will he hilled at the hourly rates in place at the time the service is provided.
24 - 22 4/20/2021
S&K Mechanical, Electrical,
Plumbing Engineering Rates
Principal $250
Sr Engineer $1.95
Engineer $185
Designer $170
Drafter $14S
Clerical $1.10
City Council 24 — 23 4/20/2021
EXHIBIT C
CERTIFICATIONS
City Council 24 — 24 4/20/2021
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
hh accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the IIIDDP�R declares
that the bid is not made in the interest of, of 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
ovei head, 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 BUDDER 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
thercof 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 (;ci - •ation may subject the certificr to criminal prosecution.
Signed
T I �n. n ..
State of eahfermia P '.n s a
County of, ....Pjt." U, 4Cz11, h ; a
Subscribed and sworn to (or affirmed) before me on this Y.` day of lY(ce,z�, 20,E by
roved to me on the basis of stuisfauo evidence p satisfactory dence to be the person(s) who appeared
before me.
Notary Public Signature
Lormton«eafth Of P¢na,yt,aIfa Notary Scni jjj�
f(AhEN E_ i tt, Notary Pubrlc -•�
Phfladotllfl�olpnfd Caurty
My CtMLhtl5 iOn EAPfr4 Atnt 27, 74�X4
C=MiSS W NomLwY Q0693A
Notary Public Seal
(iry Council
 :24 tndash;&nhsp;25
4/20/2021
&II)Sp;
ATTACIiMENT 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:
I . 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 office. 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, giant, loan, or cooperative agreement.
2. 1f any fiends other than federal appropriated finds 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, Vant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure oftobhying Activities".
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 orentering 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 C L e VC 5 ',9 ,) _ Gn 4
Signed and Printed Name:
bate Y) it,, CA a `/ r 0 d
City Council
&nhsp:24 –&nhsp;20
4/20/2021
&II)sp,
ATTACHMENI'3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFTCATTO)NS
The widersigncd consultant or corporate ottiea-, daring the pertormanec of this contact, eertitics as
follows:
The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion- sex, or national or gin- The Consultant shall talcs affirmative action to enstuC
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, ser-, nr national origin- Such action shall include, but not be limited tn. the
following: employment, upgrading, demotion, or transfer; recrtlilinent or recruilmenl advertising;
layoll' or termination: rates of pay or other forms of compensation; and selection fin- training,
including apprenticeship. The L0n5ltltant 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 advcrtiscrneuts for employees placed by or on bchall-of
file Consultant, state that all qualified applicants will receive consideration for employrncin 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 he provided advising
the said labor union or worker' representatives or the Consultant's Wrnmimicnts tinder this seefion,
and ,shall post copies of the notice in conspicuous places available to employees and applicants for
employmenl-
4. 'the Consultant shall cornply with all provisions of Executiv-c Order 11246 of Scpicmbcr 24, 1965.
and of the rules. regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall fiumish all information and reports required by Fxeculive Order 11246 of
September 24, 1965, and by rites- 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 I-abor for purposes of investigation, to ascertain compliance with such ntles,
regulations, and orders.
6- Ill the event of the Consttliartt's nun -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 authorised in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in LxeCUtlVe Order 11246 of September 24, 1965, or b-v rule.
regulations, or order of the Secretary of I .abor, 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 (I ) through (7) in every subconuau or purchase order miles exempted
City Council 24 — 27 4/20/2021
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, N0 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: /'k
Title: Fr , 01,; ')A I
Firm: C IS 0, S � art ! n c
Date: tyl ctx J, d '� r '� D' /
City Council
 :24 –&nhsp;28
4/20/2021
&II)Sp;
EXHIBIT 3
COST ANALYSIS
PROJECT NO. 16-2658: TASK 5 SERVICES FOR THE SANTA ANA ZOO GIANT
RIVER OTTER & PRIMATE TRAILS PROJECT
Agreement Amount
$
106,980.00
Contingencies
$
11,020.00
TOTAL ESTIMATED COSTS
$
118,000.00
City Council 24 — 29 4/20/2021
Police Department
https://www.santa-ana.org/pd
Item # 25
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Agreement with the Orange County School of the Arts for School Resource
Officer Services
AGENDA TITLE:
Approve a Three -Year Agreement with the Orange County School of the Arts for School
Resource Officer Services in the amount of $829,560
RECOMMENDED ACTION
Authorize the City Manager to execute a three-year agreement with Orange County
School of the Arts (OCSA), which provides for the Santa Ana Police Department to staff
one full time School Resource Officer to the academic institution, for the period of April 1,
2021 through March 31, 2024, in an amount not to exceed $829,560, subject to non -
substantive changes and approval by the City Manager and City Attorney.
DISCUSSION
Orange County School of the Arts (OCSA), a public charter school located in the heart of
Santa Ana, provides a six -year comprehensive academic and conservatory arts program
to over 2,180 students, from over 100 cities throughout Southern California, covering
grades 7 through 12. The Santa Ana Unified School District Police Department does not
provide a school resource officer (SRO) on this campus, as this site is a charter
school. The City has a three-year agreement with OCSA for school resource officer
services, which expired on March 31, 2021.
OCSA wishes to continue this relationship to enhance the safety of its students and faculty
by entering into a new three-year agreement that will allow the Santa Ana Police
Department to continue providing SRO services on the OCSA campus. This full-time
sworn police officer will be responsible for providing security and crime prevention
services in and around OCSA. The SRO will work directly with school administrators,
teachers and students to cooperatively provide law enforcement resources coupled with
the menturing of students and the provision of law enforcement related presentations on
youth issues. This agreement provides for full cost recovery of the personnel, equipment,
and supplies assigned to OCSA.
The annual not to exceed agreement amount of $276,520 covers all salary, benefits, fleet
costs, uniforms, equipment, vehicle compuler equipment, vehicle compuler equipmenl
City Council 25 — 1 4/20/2021
Agreement with the Orange County School of the Arts for School Resource Officer
Services
April 20, 2021
Page 2
data costs, and a $50,000 contingency for overtime and unanticipated expenses. The
three-year agreement amount is $829,560.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funds for this agreement are available in the Police Department Field Operations
accounting unit no. 01114420 — various). Revenues received from this agreement will
be deposited in the Police Miscellaneous Reimbursement account (no. 01114002-
57402).
EXHIBIT(S)
1. Agreement with Orange County School of the Arts
Submitted By: David Valentin, Police Chief
Approved By. Kristine Ridge, City Manager
City Council 25 — 2 4/20/2021
Exhibit 1
SCHOOL RE.SOURC E, OFFICER SERVICES AGREEMENT
BETWEEN THE ORANGE. COUNTY SCHOOL OF ARTS CHARTER SCHOOL AND
THE' CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 20th day of April, 2021, by and between the
Orange County School of the Arts (hereinafter "OSCA"), and the City of Santa Ana, a charier city
and municipal corporation organized and existing wider the Constitution and laws of the State of
California (hereinafter "City"),
THIS AGREEMENT shall govern all provisions for services which are to be delivered by the City
to OCSA_ This Agreement is based upon the following recitals and subject to the Terms and
Conditions mutually agreed upon by the Parties, and each ofthem_
RECITALS:
The following- recitals are a substantive portion of this Agreement
WHEREAS, OSCA desires to contract with the City to assign a Santa Ana Police officer
to act in the role of a School Resource Oflcer to provide safety for students and staff on campus_
WHEREAS, the City agrees to provide one full-time (I'II3") School Resource Officer
(SRO) to OCSA.
WHEREAS, City and the Santa Ana Police Department ("SAPD") represent that the
assigned SRO has the necessary professional, expertise, qualifications, and capability to perform
all of the duties and responsibilities assigned to an SRO.
WHEREAS, City and SAPD engaged with OCSA to provide the services described in this
Agreement to OCSA for a term from April 1, 2018, through March 31, 2021, (//A-2018-072) and
continues to provide services since the expiration of that Agreement.
OCSA, in reliance on this representation desires to engage City to provide the Services as more
fully described in Exhibit "A", attached to and made part of this Agreement.
NOW THEREFORE, in consideration of the recitals, covenants, terms and conditions hereinafter
set forth, the parties agree as follows:
SCOPE OF SERVICES AND DUTIES
City and OCSA shall perform the Duties and Services described in Exhibit "A" in
accordance with the terms and conditions contained in this Agreement_ The performance of all
Duties and Services shall be to the reasonable satisfaction of both parties_ Work authorized by the
City is limited to those specific duties and services set forth in exhibit "A", and the City agrees to
undertake no other duties and/or services for OCSA, under the auspices of this Agreement, whether
directly, or indirectly, without prior written consent of City_ OCSA agrees that it shall not have the
City Council 25 — 3 4/20/2021
authority to direct the officer's law enforcement activity and by way of this Agreement, the SRO
is not relieved of his/her official duties as a police officer_
2. COMPENSATION
2.1 This agreement is intended to reimburse the City for 100% of tile cost of providing the
School Resource Officer_ The Personnel costs provided in the Table below are the
maximum Personnel costs that will be invoiced Year 1 _ The compensation to be paid to
City for performance of Services described in Exhibit "A", including both payment for
professional services and reimbursable expenses shall riot exceed the cost of one f fL?
officer, including all associated vehicle, uniform, supply, and equipment expenses. Such
arnount shall not exceed $276,520 per year, or $829,560 over the three -_year term, which
includes in the total amount, an annual $50,000 contingency is included into the annual
compensation for overtime and other expenses approved by both the City and OCSA_ The
City and OCSA will meet to develop an overtime strategy so that both the City and OCSA
are in prior agreement regarding the circumstances under which the SRO will be scheduled
to work overtime- City agrees to limit charges for service to amounts not to exceed the
quotations provided by City to OCSA as set forth in this paragraph. All arrangements for
specific work to be performed pursuant to this Agreement and arrangements for payment
for such services shall be made solely between City and OCSA. Should City incur
additional or unanticipated expenses, City shall provide notice to OCSA of such expenses
and OCSA shall be obligated to pay for, or reimburse, said expenses.
2.2 Personnel costs may be lower, and will be based on actual Personnel expenses- for the
officer assigned_ Personnel costs include all salary, premiums, and cashouts provided to
the employee through the POA MOU_ In addition, Personnel costs include Medicare,
Retirement, Health, and Retiree Health benefits- Overtime will be invoiced at the actual
overtime rate of the officer. The City and OCSA agree that the maximum Personnel costs
can increase up to 5% for Year 2 and Year 3, only if the Personnel costs of the selected
SRO exceed Year 1 Personnel costs as a result of salary and benefit increases_ Fleet
expenses include the monthly maintenance, depreciation, accidental repair and
replacement charges, and fuel for a dedicated SRO vehicle. Uniform and Equipment
includes all uniforms and equipment assigned to the SRO with charges spread over a seven
year period_ OCSA will pay one seventh of this total amount each year. Vehicle MDT
Equipment charges include all MDT equipment installed in the SRO vehicle with charges
spread over a seven year period. OCSA will pay one seventh of this total amount each
year. Vehicle MDT Data charges include annual in -computer data charges ($38 per month)
and GPS data charges ($10 per month)_
23 Should City and OCSA agree to enter into a contract exceeding the scope of or differing
from the services listed in IYxhibit "A" attached hereto, such a contract -and any
compensation due shall be the subject of a further and separate writing executed between
OCSA and City OCSA agrees and understands that the rate schedule as set in the table
above, is subject to change on an annual basis to reflect actual costs and may only be
changed subject to the written approval of the City Manager and OCSA's Board of
Directors or designee.
City Council 25 — 4 4/20/2021
TABLE
Annual
Monthly
Quarterly
Personnel
194,926
16,244
48,732
Fleet
28,720
2,393
7,180
Uniforms and Equipment
1,372
114
343
Vehicle MDT Equipment
925
77
231
Vehicle MDT Data
576
48
144
Contingency
(Overtime/Other)
50,000
TBD
TBD
276,520
18,977
56,630
Three -Year Agreement Total
829,560
224 City and OCSA agree and understand that services provided since the expiration of
Agreement 4A-2018-072 shall be paid to City from April 1, 2021 through the effective
date provided, above-
3. INVOICES
In order to request payment, City shall submit quarterly invoices to OCSA describing the
services performed and the applicable charges (including the identification of personnel who
performed the services, the rates and reimbursable expenses). The information on the City's
payment requests shall be subject to verification by OCSA. City shall send all invoices to the
OCSA address specified in Section 15 below. OCSA shall process and pay all invoices submitted
within thirty (30) clays of receipt_
4. TERM
This Agreement shall commence on the effective date detailed above and terminate on
March 31, 2024, unless terminated earlier in accordance with Section 13, below.
5. SUBSTITUTE. OFFICER
In the event that the SRO is absent for any reason, the City shall provide a Substitute SRO
for the period of the absence and OCSA will pay any and all actual expenses associated with such
substitution_ The City and OCSA shall meet to develop guidelines for what hours OCSA wants
covered in the event the SRO is on a short-term absence (c.g. sick, vacation, holiday, etc_) in order
to minimize overtime expenses-
6. QUAL.Il�'ICA-I'IONS/STANDARD OF CARP; AND CONTROL
6.1 All of the Services shall be performed by City or under the City'$ supervision. City
represents that it possesses the professional and technical personnel necessary to perform
City Council 25 — 5 4/20/2021
the Services required by this Agreement and that the personnel assigned has the sufficient
skill and experience to perform the Services assigned to him/her.
62 SAPI) will have authority for assignment, hours worked, supervision, wages and other
terms and conditions of employment for the SRO assigned to OCSA. No part of this
Agreement shall be deemed a restriction on the power of SAPD to keep the peace and
utilize police officers, or any other designated employees, or equipment at such tithes and
places and in such manner as SAPD, in the exercise of its judgment and discretion, may
deem necessary for the carrying out of the duties of its office. While the SRO is working
on OCSA property, he or she must report to and collaborate with the principal or designee.
SRO's are employees of the City and are not employees of OCSA.
7. CONFIDENTIALITY
T I Neither party, shall, without written consent of the other, communicate confidential
information, designated in writing or identified in this Agreement as such, to any third
patty and shall protect such information from inadvertent disclosure to any third party in
the same manner that they protect their own confidential information, unless such
disclosure is required in response to a validly issued subpoena or other process of law.
Upon completion of this Agreement, the provisions of this paragraph shall continue to
survive_
72 If pursuant to this Agreement with OCSA, City shares with OCSA personal information as
defined in California Civil Code section 1798.81.5(d) about a California resident
("Personal Information"), OCSA shall maintain reasonable and appropriate security
procedures to protect that Personal Information and shall inform City immediately upon
learning that there has been a breach in the security of tine system or in the security of the
Personal Information. OCSA shall not use Personal Information for direct marketing
purposes without CITY's express consent. Similarly, City shall maintain reasonable and
appropriate security procedures to protect personal information pertaining to OCSA
students, including but not limited to compliance with the Family Education Rights and
Privacy Act (FERPA).
S. PERSONNEL AND OTHER CONIADENTIAL RECORDS
OCSA acknowledges that police officers are subject to the California Public Safety
Officers' Bill of Rights, (Government Code sections 3300, et seq-, " POBR" ). OCSA shall not take
any action that may lead to punitive action against the SRO, but shall address its concerns to the
City for handling consistent with POBR.
9. INDEPENDENTCONTRACTOR
It is understood and agreed that in performing the Services underthis Agreement, City, and
any person employed by or contracted with City to furnish labor and/or materials under this
Agreement, shall act as and be an independent contractor and not an agent or employee of OCSA_
City Council 25 — 6 4/20/2021
10. SUBCONTRACTING
CITY shall not subcontract any portion of the work to be performed under this Agreement
without prior written authorization of the City Manager or designee and OCSA.
IL ASSIGNMENT
The parties agree that the expertise and experience of City are material considerations for
this Agreement, City shall not assign ortransfer any interest in this Agreement nor the performance
of any of City's obligations hereunder without the prior written consent of the City Manager and
OCSA. Consent to one assignment will not be deemed consent to any subsequent assigntent_
Any assignment made without the approval of the City Manager and OCSA will be void. Nothing
in this Agreement shall be construed to limit the City's ability to have any of the services which
are the subject to this Agreement performed by City personnel_
12. INSURANCE
111 OCSA, at its sole cost and expense, shall obtain and maintain in full force and effect during
the tern of this Agreement, the insurance coverage described in Exhibit "B"_ OCSA, and
its contractors, if any, shall obtain a policy endorsement naming City as an additional
insured under any general liability policy or policies.
122 All insurance coverage required hereunder shall be provided through carriers with AM
Best's Key Rating Guide ratings of A-.VII or higher which are licensed or authorized to
transact business in the State of California_ Any and all contractors of CITY retained to
perform services under this Agreement will obtain and maintain, in full force and effect
during the teen of this Agreement, identical insurance coverage, naming CITY as an
additional insured under such policies as required above.
12.3 Certificates evidencing such insurance shall be filed with City concurrently with the
execution of this Agreement_ The certificates will be subject to the approval of the City
Attorney and will contain an endorsement stating that the insurance is primary coverage
and will not be canceled, or materially reduced in coverage or limits, by the insurer except
after filing with the Contract Manager thirty (30) days' prior written notice of the
cancellation or modification. If the insurer cancels or modifies the insurance and provides
less than thirty (30) days' notice to OCSA, OCSA shall provide the Contract Manager
written notice of the cancellation or modification within two (2) business days of the
OCSA's receipt of such notice_ OCSA shall be responsible for ensuring that current
certificates evidencing the insurance are provided to City's Contract Manager during the
entire term of this Agreement.
12.4 '1lie procuring of such required policy or policies of insurance will not be construed to limit
OC'SA's liability hereunder nor to fulfill the indemnification provisions of this Agreement.
Notwithstanding the policy or policies of insurance, OCSA will be obligated for the
full and total amount of any damage, injury, or loss caused by or directly arising as a result
City Council 25 — 7 4/20/2021
of the Sewices performed under this Agreement, including such damage, injury, or loss
arising after the Agreement is terminated or the term has expired_
12.5 'file City, at its sole cost and expense, shall obtain and maintain, in full force and effect
during the term of this Agreement, the insurance coverage described in Exhibit " B". The
City and its contractors, if any, shall obtain a policy endorsement naming OCSA as an
additional insured under any general liability policy or policies. The City may self -insure
to meet the requirement specified in Section 13_
126 Certificates evidencing such insurance shall be fled with OCSA concurrently with the
execution of this Agreement. The certificates will be subject to the approval of OCSA's
Risk Manager and will contain an endorsement stating that the insurance is primary
coverage and will not be canceled, or materially reduced in coverage or limits, by the
insurer except after fiIing with the Purchasing Manager thirty (30) days priorwritten notice
of the cancellation or modification_ If the insurer cancels or modifies the insurance and
provides less than thirty (30) days' notice to City, City shall provide the Purchasing
Manager written notice ofthe cancellation or modification within two (2) business days of
the City's receipt of such notice. City shall be responsible for ensuring that current
certificates evidencing the insurance are provided to OCSA's Purchasing Manager during -
the entire term of this Agreement.
13. MUTUAL INDEMNITY
City shall defend, indemnify and hold harmless OCSA, its agents, officers and employees,
for any liability for injury to or death of any person or damage to or loss of any property caused
by a negligent or wrongful act or omission occurring in the performance of this Agreement by
City, its SRO, officers, agents or employees and OCSA shall defend, indemnify and hold harmless
City, its agents, officers and employces for any liability for injury or death of any person or damage
to or loss of any property caused by a negligent or wrongful act or omission occurring in the
performance of this Agreement by OCSA, its officers, agents, or employees_
14. TERMINATION OR SUSPENSION Oil,' AGREEMENT OR SERVICES
14.1 Either party may suspend the performance of the Services, in whole or in part, or terminate
this Agreement, with or without cause, by giving thirty (30) days prior written notice
thereofto the other party_ Upon receipt of such notice, CITY will immediately discontinue
its performance of the Services.
142 Upon such suspension or termination by either party, City will be paid for the services
rendered to OCSA in accordance with the scope of services on or before the effective date
(i_e_, 30 days after giving notice) of'suspension or termination. The following Sections will
survive any expiration or termination ofthis Agreement. 13, 14, 15, 16, and 17_
14.3 No payment, partial payment, acceptance, or partial acceptance by City will operate as a
waiver on the part of City of any of its rights under this Agreement_
City Council v 25 — 8 4/20/2021
HA In the event of a Termination or Suspension of the Agreement or Services, the City shall
be entitled to receive and OCSA shall pay the City compensation for all set -vices performed
by City prior to receipt of such notice oftermination.
15. NOTICES
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 telefacsimile or other munrally approved
electronic mail/communication in the manner provided in this Section, to the following persons.
'1'o City:
Clerk of the City C'Onncll
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:
City of Santa Ana Police Department
Attention: Chief of Police
City of'Santa Ana
60 Civic Center Plaza, M-96
P O. Box 1981
Santa Ana, California 92702
Fax. (714) 647-6591
To OCSA
Steven Wagner
Chief Operations Officer
Orange County School of the Arts Board of Trustees
1010 North Main Street
Santa Ana, CA 92701
steven.wagner@ocarts_net
A patty may change its address by giving notice in writing to the other party. Thereafter,
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 asset forth above_ If sent by fax ore -mail, communication shall be effective or deemed
to have been given twenty-four (24) hours after the time set forth on the transmission report issued
City Council 125 — 9 4/20/2021
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.
16. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
OCSA, and supersedes any and all other agreements, oral or written, between the parties_ In the
event of a conflict between the tours of this Agreement and any attachments hereto, the terms of
this Agreement shall prevail. This Agreement may not be modified except by written instnnnent
signed by the City and by an authorized representative of OCSA- 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
17. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the Taws 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.
is. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective panties to each ofthe terms ofthis Agreement, and
shall indemnify City fully, including reasonable costs and attor-ney's fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
b_ All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in
the body of this Agreement
c. If a court of competent jurisdiction finds or rules that any provision ofthis Agreement or any
amendment thereto is void or unenforceable, the unaffected provisions ofthis Agreement and
any amendments thereto will remain in full force and effect.
[signature page to follow]
City Council 25 — 10 4/20/2021
IN WITNESS WHERE01=, the patties hereto have by their duly authorized representatives
executed this Agreement the date and year first above written_
ATTEST.
DAISY GOMEZ
Clerk of the COUnell
CITY Oh' SANTA ANA
KRISTINE RIDGE
City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
/` i 1i
WA
I amara Bogosian
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL,:
DAVIT) VALENTIN
Chief of Police
Attachments.
EXHIBIT "A-: SCOPE OI: WORK
I:XGI1131"f " 13" INSURANCLi REQUIREMENTS
ORANGE COUNTY SCIIOOL
OF THE' ARTS CHARTER
SCHOOL,
StV_ Wan er
Chief Operations Officer
City Council 125 — 11 4/20/2021
EXE11131T A
DUTIE'S AND RESPONSIBILITIES
Goal. To assign a sworn Santa Ana Police Department officer to OCSA as a School Resource
Officer ("SRO) who will act as a visible and active resource on campus for the safety and secw-ity
of all students and staff.
A. SRO. The responsibilities of the SRC) will include bnt are not limited to the following:
L General Duties.
It, Schedule. It is the intent of the parties that the SRO',, duty hours shall conform to
the school clay_ The SRO shall be present on campus an average of forty (40) hours per week, (five
(5) day work week, eight (8) hours a day) between the hours of 700 a_in_ and 4:00 p_m on days
school is in session and other time,, as maybe required by prior arrangement between OCSA and
the City_ It is the responsibility of the SRO to report schedule conflicts to OCSA.
It is understood and agreed that time spent by the SRO attending court or official police training
arising from and/or out of their employment as an SRO shall be considered as hours worked under
this Agreement_ In the event of an emergency, if the SRO is ordered by SAPD to leave school
during normal duty hours as described above and perform other services for SAPID, then the time
spent shall not be considered hours worked under this Agreement_ In such an event, the
compensation paid by OCSA to the City shall be reduced by the number of hours of SRO service
not provided to OCSA or the hours shall be made up in a manner determined by mutual agreement
of the parties_ The parties intend that on days when school is not in session, the SRO will be
reassigned from OCSA to the City.
SAPID reserves the right to temporarily remove the SRO in the event that additional officers are
needed during a critical incident or natural disaster.
b_ Attire. The SRO will wear the Santa Ana Police Department uniform with all
normal accessories and equipment, including a Taser, OC and firearm. The SRO's Commander
may allow an exception to this rule at his/her discretion based on investigatory or policing needs.
C. Vehicles and Equiomeut. Except as otherwise provided in this Agreement,
the City shall furnish all equipment which may be required to support the SRO. The City shall
furnish the SRO with a vehicle which is equipped and maintained pursuant to City standards and
Policies, equipment for vehicles, and maintenance for the vehicles. OCSA shall not acquire any
legal interest in the vehicle or equipment for the vehicle furnished by the City by virtue of this
Agreement.
d. Chain of Command. As an employee of SAPD, the SRO will be subject to
the chain of command of the police department_
e. Office_ The SRO will have a dedicated office on campus where he/she will
City Council 25 — 12 4/20/2021
maintain all required records in a locked filing cabinet. The SRO will use a computer and printer
owned by the City that will remain on campus so long as the Agreement is in frill force and effect.
f. Radio Communication. The SRO shall be provided school -based radio
Communication equipment used by school administrators and staff
g_ Miseellaneous_ Any existing rights or benefits of personnel assigned under
this agreement shall not be abridged, and remain in full effect.
2_ Investigation and Enforcement of Crimes Committed on Canons. The SRO will
engage in proactive policing on the school campus and will take appropriate enforcement action
at any authorized co -curricular, extracurricular and non-academic events held on campus. The
SRO shall intervene when it is necessary to prevent any criminal act and/or maintain a safe school
environment. The SRO will assume primary responsibility for handling all calls for service at
OCSA and will enforce state and local laws and ordinances_ When necessary, the SRO will make
arrests and/or issue citations in accordance with California state law and department policy. The
SRO may make appropriate referrals to juvenile authorities or other governmental agencies. The
SRO and SAPD will have the final decision on whether criminal charges shall be filed.
The SRO shall, whenever practical, advise the principal before requesting additional enforcement
assistance on campus and inform the principal of additional law enforcement responsibilities that
may need to be undertaken. School authorities and the parents of any child involved shall be
notified as quickly as possible when the SRO takes any direct law enforcement action involving a
student, on -campus during school hours.
In the event of a school code violation, the SRO will take the student to the principal's office for -
discipline to be meted out by school ofYicials. Disciplining students is OCSA's responsibility.
3_ Transporting Students_ SRO's shall not transport students in an SAPD patrol vehicle
except when a student is a victim of a crime, under arrest, or some other emergency circumstances
exist. Students shall not be transported to any location unless it is determined that the student's
parent, guardian or custodian is at the destination to which the student is being transported. The
SRO shall not transport students in their personal vehicle. The SRO shall notify school personnel
upon removing a strident from campus.
4_ Campus Safety. Work together with OCSA staff to improve student safety on
campus_ Be highly visible throughout the campus, yet be unpredictable in their movements_ For
officer safety reasons, the SRO shall not establish any set routine, which allows predictability in
their movements and their locations. The SRO will share information with OCSA's administration
about persons and conditions that pertain to campus safety concerns
-
S_ Coordination With Staff_ Establish and maintain a partnership with school
administrators, faculty and staff in order to provide for a safe school environment. Confer with the
principal to develop plans and strategies to prevent and/or minimize dangerous situations on or
near the campus involving students at school -related activities_ When requested, be a resource for
teachers, parents and students for conferences dealing with individual problems or questions_
City Council 125 — 13 4/20/2021
6_ C0111t7lian_Ce With Policies and Laws. Comply with OCSA's rules and regulations
pertaining to the operation of the school unless such compliance is not practicable due to exigent
circumstances_ The SRO Shall comply with all laws, regulations and policies regarding access to
confidential student records and detaining, investigating, and searching students on school
premises, provided the SRO shall under no circumstances be required or expected to act in a
manner inconsistent with the duties of a law enforcement officer_ The use of confidential school
records by the SRO shall be done with the principal's approval in a manner consistent with school
policy.
The SRO will abide by all applicable legal requirements Concerning interviews or searches should
it be necessary to conduct formal law enforcement interviews or searches with students or staff on
property or at school functions under the jurisdiction of OCSA. The SI2O will not be involved in
searches conducted by school personnel unless a criminal act is involved or unless school
personnel require assistance of the SRO because of exigent circumstances, such as the need for
safety or to prevent flight. formal investigations and arrests by law enforcement officials, will be
conducted in accordance with applicable legal requirements.
At all times during the performance of this Agreement, the SRO shall adhere to and obey all of
OCSA's rules and regulations pertaining to the operation of the school, unless otherwise
authorized by school administration or, unless such compliance is not practicable due to exigent
circumstances_
7_ Student and Staff Interaction_ The SRO will be personable, approachable and available
in order to mentor and build positive relationships with students and families. mentor students, act
as a role model for students, and assist them in resolving conflicts. Provide information concerning
questions about law enforcement topics to students and staff
8. Access to Education Records_ OCSA shall allow the SRO to inspect and if necessary,
copy any public records maintained by OCSA to tlne extent allowed bylaw If some information
in a student's record is needed in an emergency to protect the health or safety of the student or
others, school officials shall disclose to the SRO that information which is needed to respond to
the emergency situation based on the seriousness of the threat to someone's health or safety, the
necessity of the information to meet the emergency situation and the extent to which time is of the
essence. If confidential student record information is needed by an SRO, but no emergency
situation exists, the information may be released only as allowed by law.
B. OCSA. OCSA's responsibilities include but are not limited to:
1. Office. OCSA shall provide the SRO with a private, appropriately furnished and climate
controlled office space on campus that can be secured and is reasonably acceptable to SA PI) This
shall include but is not limited to a desk with drawers, chair, filing cabinet for files and records
which can be properly locked and secured, and a telephone_
2_ Parkin2 Space_ OCSA shall provide the SRO a dedicated parking space in the campus
parking lot for the SRO's patrol vehicle_
City Council 25 — 14 4/20/2021
3. School Ismail Address_ OCSA shall provide the SRO his/her own school email address
such that when a global cmail is sent to all school administrators and staff, the SRO will be in
receipt of saute.
4. Internet Access. OCSA shall provide internet access to the assigned SRO.
5. Notifications. When school personnel discover weapons, drugs, alcohol, or illegal
contraband on school property, the SRO shall be notified as soon as reasonably possible. If no
juvenile or criminal charges are to be filed, and no administrative action is to be taken by OCSA,
the contraband shall be confiscated by the SRO according to SAPD's policy and properly disposed
of School personnel shall notify the SRO with the names of specific individuals who are not
allowed on school property and shall notify the SRO of any anticipated parental problems resulting
from disciplinary action taken against a student_ OCSA will provide SAPD with updated copies
of all laws, toles, regulations and school board policies applicable to employees of OCSA,
including but not limited to laws, rules, regulations and policies regarding access to confidential
student records and/or the detention, investigation and searching of students on school premises.
OCSA will provide the same training and materials to the SRO as those provided to OCSA
employees.
6_ Cooperation. OCSA will work cooperatively with SAPD to make any needed adjustments
to the SRO program throughout the year. OCSA shall assist City with the evaluation of the officer,
however, the City shall have the responsibility to evaluate, manage, and supervise the assigned
officer_ OCSA will immediately notify City of any concerns regarding the SRO's level of service.
City Council 25 — 15 4/20/2021
EXEIIBIT "B"
INSURANCE REQUIREMENTS
OCSA, AI UILIIZ SO[T IXPI NSJ', SHAI I. FOR I11L 1'l'RM of 1111' CON1'RAC'1 0131AIN AND MAINTAIN
1NSU12ANC'LIN'1'I31 AMOUNISFOR"till C'OVLRAC31 SP1iC(}Il-lll31iLOW.
AFFORDED BY COMPANIES WITH AM BES'I'S KI:Y RATING OE A-:VII, OR IIIGIIER, LI('ENSLS) OR
AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE ST'A I'L OF CALIFORNIA.
AGR 1 MLNI IS C'f1NTINGLN'I ON COMPLIANCE WI IH CIIY S INSURANCE IU:QUAZLM6NIS. AS SPL.CII ll_I)
131 LO W:
MININIUM UMII"S-
1ZEolr1RBD
IYPI (A C(ATRAGE
RFQUIRLN11NT
P;AC'}I
----
G(( I IRRRNC),
AC (RI 0AT1:
} I q WORK[R S COM Y6:NSAIION
„--
SiATi1TO1:Y
YI:S I.MPLOYI,R'S NAI311_11Y
SIAIIIFOR Y
BODiI.)' INJURY ---
SLOfJI),000
SI1)02f100
YES GENERAT, LIA IT11 INCLUDING
"
PGRSONAt INJURY. BROAD FORM
PROPERTY DAMAGI,
S1.000.000
SI.OWWJO
PROPLRTI' DAMAGE BLANKI:'I'
CON"FRAC I I AL, AND 1 IRI. 116A7,
BODILY IMURY k PROPER 1)"
SL1100A(rt7
52.000,00(1
LIABILITY
.... .......... ..... ......._. . ......
DAMAOF,, CONIBINhl)
BODILYINJURY
SLf1(1g000
SIX00,000
- EACH PIi.RSON
SI-000,000
M 000.000
AMON10IM'L I-IA131L11),
- EACH OCCURRENCE
51,00f1,0(10
MI000Of1p
1'I:S
INCLUDING ALI, OWNED. HII2LD.
NON-OWNLI)
pROP].fYf 1' DAMAGE
SL000,000
S1 1100,000
IJODILY INJURY AND PROPER I Y
$I,fm0.000
SLW0.000
DAMAGE- CONS HI NI1D
P I20PlSSIUNAL LIA134,ITY,
NO INC;LUll1NCi. ERRORS AND
OMISSIONS, MAI-PRACTICE (WHEN
APPLICABLE), AND NLGLIGPNT
I (RI'ORMANCE
ALL DAMAGI,S
51.000.000
I HE CITY OF SANTA ANA IS TO BE NAMED AS AN ADDITIONAL INSURED. OCSA, A I I I S SOLF
Y I.S COST AND LXPF,NSF. SHALL OBTAIN AND MAINTAIN. IN FULL FORCE AND E;I"FLCT
T'HROUGHOU'ITHL LN"I'IRE TERM OF ANY RFSULTANL AGRFFMFNT. THE INSURANCE
COVLRAGF. HEREIN DESCRIBED. INSURING NOT ONLY CONTRACTOR AND ITS
SUBCONS ULTANTS. IF ANY BUT" ALSO, WITH TIIF. EXCLP"LION OF WORI(I RS' C'OMPFNSA LION,
EMPLOYER'S LIABILITY AND PROFL•'SSIONAL INSUkANCL, NAMING AS ADDITIONAL
INSUREDS CITY, I'YS COI,INCIL MFMBERS, OFFICERS, AGENTS, AND
EMPLOYEES-
1. INSLIRANCI. COVLRACI'_MUS1 INCLUDE;
A- A PROVISION FOR A WRI J I FN LIIIRTY DAY ADVANC'1 NOTICI� I'O CITY OI' CI IANGI: IN COVI RA(III. OR
Of C'OVI.RA(rP CANC'I,LI.ATION. AND
B_ ACON -I- RAC IUALLIA13II_II-YFNDORSLMINI-PROVIDIN(i[NSIIRANC'J:C:OVI.RA(11.1'OR
CONIRAC'IOR'S ACRH MI N"I tO INDEMNIFY CITY.
C'_ DPIA IC"I Hit,)" 1 S IN I XC I SS OP RkQ11IRl'. CITY'S PRIOR APPROVAL.
IL 0CSAMUS1 SUBM1'1 CI'I2"IITICnIt S(S)Ot iNSURANCIshV71)[iNC'1N<11213�rigIZI:DCOV1 RA<IL:.
City Council '-' 25 — 16 4/20/2021
PRIMARY C OVI AA(iI'
WIIII R1.SPLC"I IO CLAIMS ARISING OU1 01 1111. OPERA IIONS 01 ''1111 '
NAMI.D INtiURI:D, INSIMANCL AS
Al FORDI.D BY TI HS POLICY IS PRIMARY AND IS NOI' ADDI I IONAL 10 OR CON 1121BI1 ZING WI I I I ANY 0I1IFIZ
INSi_1RANC'G CARRII,D BY OR I -OR Tkfl; 13J.NL1'IT t �I I'11G ADD1110NAI, INSI IRI.DS_
B. CROSS I.IARII,l I'Y
'1111 NAMING OI' MORI: I'IIAN ONI. PI RSON, PIltM, OR CORPORATION AS INSIJIiI'I IS l INDL']2 l l ll?
POI,ICY SIIALL NOI', IOR IIIA1 REASON ALONE, I XIINCRJISII ANY I M IS 01' I'IIE INSURI'D AGAINS'1'
ANO MER,13IJ-.I FINS L.NDORSIMI:N`I,ANDIIIIJNAMINGOEMtlLIiPI,I 1NSUHE]LS,SHALLNO1INGRI.ASI:11IP.
I M AL LIABILI FY 01 II if COMPANY UNDI R THIa POLICY_
NO lICl. OP CANC'I;L] „(yja(,)lN
11 11IIi POI ICY 1S CANC 1.1.1 D BLl ORl' LIS EXPIRAI'ION DA I E I'OR ANY REASON
O I11ER I'I IAN I I II'NON PAYMFN I OI' PREMIUN% OCSA SI TALL PROVIDE CITY A7
LEAS'l A I'M IZ IY (30) DAY W RI I I I'N NOTI C F H I TORE Jill, I TI J AC I'I V I :. DA7 It O1=
CANCI.I.I.AIiON
?_ 11 111E POLICY IS CANCPT,I D BLf'OR)` ITS EXPIRA I'ION DATL I OR 1111'
NONPAYMEN I OP PI21 MI(JM, OC'SA SIIALI, I'IZOVIDf3 CI lY AI -LEAS i' A 1'EN (10)
DAYWRII'ILNN01'IC1.13LPORI Illl I.11'EC'I'IVI'DAI] 01:CANC'I.I,LAI'10N_
NO11C FS SIIALL BF MAILED 10_
CITY OR SAN"IiA ANA
20 Civic Center Plaza, M29
P_O_Nos 1988
Sauna Ana, C'aliiojmn j 92702
City Council 25 — 17 4/20/2021
Public Works Agency
https://www.santa-ana.org/pw
Item # 26
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Carry Forward of Unspent Amounts From Previous Fiscal Years to Fiscal Year
2020-21
AGENDA TITLE
Authorize Budget Reallocation in the Amount of $18,761 and Approve Appropriation
Adjustments to Carry Forward Unspent Amounts From Previous Fiscal Years to FY 2020-
21 in an Amount not to Exceed $23,664,294.23 (Non -General Fund)
RECOMMENDED ACTION
1. Approve an Appropriation Adjustment to increase the FY 2020-21 budget for amounts
carried forward from previous fiscal years in an amount not to exceed $2,693,855.89.
2. Approve an Appropriation Adjustment of $7,728,611.60 in Measure M2 Competitive,
Arterial Capacity Enhancements grant funding from the Measure M-Street
Construction Revenue account and appropriate the same amount to the Measure M2
Competitive Street, Improvements Other Than Building expenditure account.
3. Approve an Appropriation Adjustment authorizing the expense of $1,455,739.14 from
the Traffic System Management, State Grant -Direct revenue account and
appropriating the same amount to the Active Transportation Program, Improvements
Other Than Building expenditure account.
4. Approve an Appropriation Adjustment authorizing the expense of $2,017,642.98 in
Highway Safety Improvement Program grant funds from the Federal Aid Safety
Program, Federal Grant -Indirect revenue account, and appropriating the same
amount into the Public Services -Street Safety Projects, Improvements Other Than
Building expenditure account.
5. Approve an Appropriation Adjustment recognizing $0,768,444.62 from prior year fund
balance in the Special Gas Tax Fund, Prior Year Carry Forward revenue account,
transferring the funds to the Select Street Construction revenue account, and
appropriating the same to the Select Street Construction, HUTA 2103 Gas Tax,
Improvements Other Than Building expenditure account.
City Council 26 — 1 4/20/2021
Approve Appropriation Adjustments FY 2021-21
April 20, 2021
Page 2
6. Approve the reallocation of unspent Measure M2 Local Fairshare funds in the amount
of $18,761 from Project Development FY 19/20 Project (No. 20-6899) to Edinger
Protected Bike Lanes Project (No. 17-6885).
DISCUSSION
Reappropriate Unspent Funds Not Carried Forward into FY 2020-21
It is common for a City to budget for non -recurring (one-time) expenditures, such as
construction projects, which are riot completed by the close of the fiscal year on June 30.
When this happens, the City Council may approve "carryover" of the unspent budget from
one fiscal year to the next to provide resources for project completion. Staff typically does
not request carryover for recurring operating budget amounts unless projects have not
begun which include initial maintenance/operating costs, as each annual budget already
includes provision for operational expenses.
A list of requested budget reappropriations not previously carried forward, an adjustment
to FY 2020-21 CIP budget for Fund 059 and Fund 164, is attached to this report (Exhibit
1). The list includes the account, description, and amount for active project budgets.
Each request on the list includes the amount available and outstanding from previous
carryforward actions. Staff seeks approval of the appropriation adjustments to restore
project encumbrances and achieve compliance with grant allocation commitments
associated with project delivery.
Special Gas Tax Fund Transfer
Approve and appropriate prior year fund balance of $9,768,444.62 from the Special Gas
Tax Fund and transfer the funds to the Select Street Construction Fund to restore the
funding needed to deliver the projects as approved and budgeted in previous Capital
Improvement Programs. The list of projects is attached to this report (Exhibit 2).
Reallocation of Measure M2 Local Fairshare
Staff seeks approval of the reallocation of $18,761 in unspent Measure M2 Local
Fairshare. Approval of the funding reallocation will provide the funding needed to
complete the Edinger Protected Bike Lanes Project (No. 17-6885) along with the
carryforward amount included on the attached list of budgets to be carried forward (Exhibit
1).
2019-20 Bristol Street Corridor Improvements Fund
On March 27, 2020, the City received a refund in the amount of $885,571 from escrow
accounts related to Right -of -Way property acquisitions within the Bristol Street Corridor.
Staff has identified a portion of these funds, $426,618, in the FY 2020-21 Capital
Improvement Program for the Bristol Street Improvements and Widening, Phase 4. The
list of budgets to be carried forward (Exhibit 1) includes the remaining balance of
$458,953, which will be used to fund the pending settlement agreement for acquisition
and/or relocation costs for the property located at 400-421 S Bristol within the Bristol
City Council 26 — 2 4/20/2021
Approve Appropriation Adjustments FY 2021-21
April 20, 2021
Page 3
Street Corridor. These funds will supplement the escrow refund of $91,047 received for
the same property. The City Council approved an appropriation adjustment for these
funds on June 16, 2020, which are included on the list of budgets to be carried forward to
FY2020-21 (Exhibit1).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
Carryforward Appropriation to Restore Project Budget Authorization FY 2020-21
The fiscal impact associated with recommendation #1 to reappropriate unspent
appropriations will increase the FY 2020-21 budget by $2,693,855.89. Approval of the
appropriation adjustment will restore projects' budgets for project delivery.
Measure M-Street Construction Fund
Approve an Appropriation Adjustment to authorize the expense of $7,728,611.60 in
Measure M2 Competitive, Arterial Capacity Enhancements grant funding from the
Measure M-Street Construction Revenue account (No. 03217002-b2332) and
appropriate the same amount to the Measure M2 Competitive Street, Improvements
Other Than Building expenditure account (No. 03217663-66220).
Active Transportation Program Grant Fund
Approve an Appropriation Adjustment authorizing the expense of $1,455,739.14 from the
Traffic System Management, State Grant -Direct revenue account (No. 14817002-52025)
and appropriating the same amount to the Active Transportation Program, Improvements
Other Than Building expenditure account (No. 14817613-66220).
Highway Safety Improvement Program Fund
Approve an Appropriation Adjustment authorizing the expense of $2,017,642.98 in
Highway Safety Improvement Program grant funds from the Federal Aid Safety Program,
Federal Grant -Indirect revenue account (14717002-52001), and appropriating the same
amount into the Public Services -Street Safety Projects, Improvements Other Than
Building expenditure account (No. 14717611-66220).
Special Gas Tax Fund
Recognize and appropriate $9,768,444.62 from prior year fund balance in the Special
Gas Tax Fund, Prior Year Carry Forward account (No. 02917002-50001) and facilitate an
interrund budgetary transfer from the Special Gas Tax Fund Interfund Transfer account
(No. 02917019-68000-59) to the Select Street Construction Interfund Transfer account
(No. 05917002-59000-29) and appropriate the same amount to the Select Street
Construction, HUTA 2103 Gas Tax, HUTA Gas Tax S61 Loan and HUTA Gas Tax Road
Maintenance and Rehabilitation Account, Improvements Other Than Building expenditure
account (No. 05917663/05917667/05917665-66220)
City Council 26 — 3 4/20/2021
Approve Appropriation Adjustments FY 2021-21
April 20, 2021
Page 4
Reallocation of unspent Measure M2 Local Fairshare
There is no fiscal impact associated with recommended action #6 to reallocate Measure
M2 Local Fairshare from one project to another. The funds will remain within the Measure
M Street Construction Fund.
EXHIBIT(S)
1. List of Carryforward Funds
2. Gas Tax Transfer Project List
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 26 — 4 4/20/2021
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Public Works Agency
https://www.santa-ana.org/pw
Item # 27
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Measure M2 Comprehensive Transportation Funding Program Construction
Funds
AGENDA TITLE
Approve Submittal of Request for Time Extension of Measure M2 Comprehensive
Transportation Funding Program for Bristol Street Improvements Phase 3A, Bristol Street
Improvements Phase 4, and Santa Ana Transit Stop Improvements (Project Nos.13-
6792, 11-6741 & 15-6843) (Non -General Fund)
RECOMMENDED ACTION
Authorize the Public Works Agency to request a one-time, two-year time extension of
Measure M2 Comprehensive Transportation Funding Program Construction funds for the
following projects: Bristol Street Improvements Project Phase 3A, Civic Center to
Washington: Bristol Street Improvements Project Phase 4, Warner to St. Andrew: and
Santa Ana Transit Stop Improvements (Project Nos. 13-6792, 11-6741 and 15-6843).
DISCUSSION
Bristol Street is a major north -south transportation facility that is designated as a major
arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9-
mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term
priority project that will be constructed in several phases. The project includes
improvements of Bristol Street between Civic Center Drive and Washington Avenue and
Bristol Street between Warner Avenue and Saint Andrew Place. Improvements include
rehabilitation of sidewalks, raised landscaped medians, bike lanes, and widening the
street from two to three lanes in each direction.
In addition, the Orange County Transportation Authority (OCTA) conducted a ridership
study and identified the 100 busiest transit stops in Orange County. Thirty-nine of these
locations occur in Santa Ana. Twenty-five of these locations have been determined to be
"high -load", which is defined as a stop where eight or more passengers are waiting to
board for an average of five or more minutes. This project will provide new, upgraded
facilities at these locations, the installation of 35 new bus shelters with integral benches,
trash receptacles, and advertisement panels.
City Council 27 — 1 4/20/2021
Measure M2 Comprehensive Transportation Funding Program Construction Funds
April 20, 2021
Page 2
In accordance with Comprehensive Transportation Funding Program (CTFP) guidelines,
the construction phases for these projects must be awarded by June 30, 2021. Staff
recommends that the City Council authorize the Public Works Agency to request a one-
time, 24-month extension of Measure M2 CTFP funding for the following projects to avoid
the grant awards from lapsing:
Resolution Date
Board of Directors
Project Name
for Grant
Funding
Approval/
Extension
Application
Amount
Programmed
Request
Fiscal Year
Bristol Street
April 21, 2020
$3,273,573
May 11, 2020
Construction
Improvements
Res. No. 2020-035
FY 2020-21
FY 2020-21
Phase 3A
Bristol Street
April 21, 2020
57,501,206
May 11, 2020
Construction
Improvements
Res. No. 2020-035
FY 2020-21
FY 2020-21
Phase 4
Santa Ana
Dec. 18, 2018
$1,030,000
September 14, 2020
Construction
Transit Stop
Res. No. 2018-092
FY 2020-21
FY 2020-21
Improvements
ENVIRONMENTAL IMPACT
There is no environmental impact associated with the action.
FISCAL IMPACT
If the Recommended Action is not approved, the City will relinquish $11,804,779 million
in awarded Construction grant funding.
Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency
Approved By: Kristine Ridge, City Manager
City Council 27 — 2 4/20/2021
Police Department
https://www.santa-ana.org/pd
Item # 28
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 20, 2021
TOPIC: Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street
Racing" to the Santa Ana Municipal Code
AGENDA TITLE:
Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing"
to the Santa Ana Municipal Code Prohibiting Spectators at Illegal Speed Contests and
Reckless Driving Exhibitions
RECOMMENDED ACTION
Approve first reading of an ordinance to prohibit spectators who knowingly attend or assist
with illegal speed contests and reckless driving exhibitions. If approved, Article XV,
sections 36-706 through 36-710 entitled "Street Racing" will be added to the Santa Ana
Municipal Code.
DISCUSSION
As a result of the serious public safety threat street racing poses to other drivers,
residents, and visitors, the Santa Ana Police Department, in partnership with the Public
Works Agency, developed a comprehensive program to deter street racing and reckless
driving exhibitions in Santa Ana. The program, dubbed S.T.E.A.R.R.D (Strategic Traffic
Enforcement Against Racing and Reckless Driving), is a three -pronged approach to
address the racing and reckless driving problem in the City. The three prongs of the
program are Enforcement, Engineering, and Education.
The Public Works Agency (PWA) has been actively involved in S.T.E.A.R.R.D's
Engineering component. Public Works has strategically re -phased specific traffic lights to
"Rest in Red" along major arterial roadways throughout the City. The re -phasing deters
street races by presenting a traffic signal resting in red rather than green. PWA is also
evaluating roadway designs and speed limits where street racing and reckless driving
exhibitions arc prevalent.
The Police Department emphasizes the educational component of S.T.E.A.R.R.D
through various social media platforms, focusing on the dangers and consequences of
street racing and reckless driving exhibitions. The Department also produced a recently
City Council 28 — 1 4/20/2021
Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing"
to the Santa Ana Municipal Code
April 20, 2021
Page 2
released anti -racing video. The Police Department continues to educate about the
dangers of street racing and reckless driving exhibitions and about legal and safe
alternative locations, such as the Irwindale Speedway.
Finally, the Police Department has established a partnership with several other law
enforcement agencies throughout the County who have been experiencing an increase
in street racing and reckless driving exhibitions. The partnership works together to combat
street racing and reckless driving exhibitions on a weekly basis. To date, the partnership
has completed over 95 enforcement programs.
The Santa Ana Police Department has experienced an increase in calls for service related
to speed races and reckless driving exhibitions. Drivers and spectators use social media
to coordinate these events, which often result in hundreds of spectators. Although most
enforcement action centers around the drivers involved in street racing and reckless
driving, exhibition scenes also heavily involve spectators. Spectators in the hundreds
come and watch these unlawful activities and typically block all sides of an intersection,
virtually stopping all traffic flow. These actions interfere with the police response and
facilitate the ability for involved drivers to flee. As a result, some law enforcement
agencies have adopted ordinances that ban spectating at street racing events. Such
ordinances provide an effective tool to combat dangerous activities by curbing and/or
eliminating spectators, with the ultimate goal of eliminating street racing in the City
altogether.
The City has evaluated the needs and concerns of the community in recommending the
adoption of an ordinance relating to street racing. Specifically, the proposed ordinance
(Exhibit 1) will provide law enforcement with additional enforcement and deterrence tools
in its ongoing goal to mitigate street racing and reckless driving exhibitions. The
provisions of the ordinance include the following.
• The ordinance will allow the Police Department to issue misdemeanor citations to
any person who is knowingly present as a spectator of a street race or reckless
driving exhibition on a public street, highway, or off-street parking facility.
• The ordinance defines present" as a person who is within two hundred (200)
feet of the location of a motor vehicle speed contest or reckless driving exhibition
or within two hundred (200) feet of the site of the preparations for either of these
activities.
A violation of this ordinance may be punishable as a misdemeanor subject to a
maximum of six months in jail and a fine of $1,000.
Staff recommends approval of the ordinance.
City Council 28 — 2 4/20/2021
Ordinance Adding Article XV, Sections 36-706 through 36-710, Entitled "Street Racing"
to the Santa Ana Municipal Code
April 20, 2021
Page 3
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
1. Ordinance
Submitted By: David Valentin, Police Chief
Approved By: Kristine Ridge, City Manager
City Council 28 — 3 4/20/2021
Exhibit 1
ORDINANCE NO. NS-XXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA ADDING A NEW ARTICLE
XV TO CHAPTER 36 OF THE SANTA ANA
MUNICIPAL CODE TO PROHIBIT SPECTATORS
AT A STREET RACE OR RECKLESS DRIVING
EXHIBITION
WHEREAS, under the provisions of Sections 23103, 23109 of the California
Vehicle Code, reckless driving exhibition and speed contests on public streets are
illegal; and
WHEREAS, motor vehicle speed contests are more commonly known as street
races or drag races and reckless driving exhibitions are more commonly referred to as
exhibitions of reckless driving; and
WHEREAS, the streets within the City of Santa Ana have been the site of
continuing and escalating illegal street racing over the past several years; and
WHEREAS, such street racing poses serious hazards and threatens the health
and safety of the publir_, interferes with pedestrian and vehicular traffic, creates a public
nuisance, and interferes with the right of private business owners to enjoy the use of
their property within the City of Santa Ana, and
WHEREAS, in most cases, hundreds of street racers and spectators gather on
the streets late at night, and in the early morning hours, blocking the streets and
sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging,
aiding and abetting the racing process and the City has determined the presence of
spectators at these events encourage and fuel the occurrence of these unlawful events:
and
WHEREAS, traffic accidents, property crimes, and calls for police service have
increased dramatically. Recently, an innocent motorist was killed in broad daylight by
drivers engaged in street racing and in a separate incident, street racers involved in a
race struck and killed a pedestrian; and
WHEREAS, street racing constitutes a nuisance and the City Council of the City
of Santa Ana wishes to promote the City's interest in protecting and preserving the
safety of pedestrian and vehicular traffic in, about, or upon public and private streets,
parkways, roadways, alleys, sidewalks, and parking areas so as to minimize any
dangerous conditions due to street racing.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. A new Article XV is hereby added to Chapter 36 of the Santa Ana
Municipal Code to read as follows'
City Council 28 — 4 4/20/2021
Illegal Street Race and Reckless Driving Exhibition -Article XV
Section 36-706. Definitions.
As used in this Article:
"Street race" or "street racing" means any speed contest or exhibition of speed referred
to in California Vehicle Code section 23109, as it may be amended from time to time.
"Reckless driving exhibition" means any exhibition of reckless driving referred to in
California Vehicle Code section 23103, as it may be amended from time to time.
Offstreet parking facility has the same meaning as set forth in Vehicle Code section
12500(c), as may be amended from time to time, and includes any public or private
parking facility open and accessible to members of the public.
Preparations for a street race or reckless driving exhibition includes, but are not limited
to, situations in which:
(1) One (1) or more motor vehicles and persons have arrived at a location on a public
street, highway or an offstreet parking facility for the purpose of participating in or being
spectators at a street race or reckless driving exhibition;
(2) One (1) or more persons have gathered in an offstreet parking facility for the purpose
of participating in or being a spectator at a street race or reckless driving exhibition,
(3) One (1) or more persons have gathered for a motorcycle stunting or other exhibition
in conjunction with a streel race or reckless driving exhibition;
(4) One (1) or more persons have impeded the free public use of a public street, highway,
or offstreet parking facility by actions, words, or physical barriers;
(5) One (1) or more vehicles have lined up on a public street, highway, or offstreet parking
facility with motors running;
(6) One (1) or more drivers is revving a motor vehicle's engine or spinning the motor
vehicle's tires; or
(7) A person is stationed for the purpose of acting as a race starter.
A person is "present" at a street race or reckless driving exhibition if that person is within
two hundred (200) feet of the location of the street race or reckless driving exhibition, or
within two hundred (200) feet of the site of the preparations for either of these activities.
Spectatormeans any individual who is present at street race or reckless driving exhibition
at a location where preparations are being made for such activities, for the purpose of
viewing, observing, watching, recording, or witnessing, the event as it progresses.
Spectator includes any individual at the location of the event without regard to whether
the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle.
walking, or arriving by some other means.
City Council
28 — 5 4/20/2021
2
Section 36-707. Aiding and Abetting Street Races or Reckless Driving
Exhibitions Prohibited
It shall be unlawful for any person to engage in, or to aid and abet, any street
race or reckless driving exhibition conducted on a public street or highway or in an
offstreet parking facility. A violation of this section may he punishable as a misdemeanor
subject to a maximum of six months in jail and a fine of $1,000.
Section 36-708. Spectators at Street Races or Reckless Driving Exhibitions
Prohibited.
(a) It shall be unlawful for any person to be knowingly present as a spectator at a street
race or reckless driving exhibition on a public street, highway, or offstreet parking facility.
A violation of this section may be punishable as a misdemeanor subject to a maximum of
six months in jail and a fine of $1,000.
(b) It shall be unlawful for any person to be knowingly present as a spectator where
preparations are being made for a street race or reckless driving exhibition conducted on
a public street or highway or offstreet parking facility. A violation of this section may be
punishable as a misdemeanor subject to a maximum of six months in jail and a fine of
$1,000.
(c) Fxemption: Nothing in this section prohibits law enforcement officers or their agents
who are acting in the course of their official duties from being spectators at a street race
or reckless driving exhibition.
Section 36-709 Relevant Circumstances to Prove a Violation.
Notwithstanding any other provision of law, to prove a violation of Sections 36-707 or 36-
708, admissible evidence may include, but is not limited to, any of the following:
(a) the time of day;
(b) the nature and description of the scene;
(c) the number of people at the scene,
(d) the location of the person charged in relation to any person or group present at the
scene;
(e) indicia of a street race or reckless driving exhibition, including but not limited to,
stickers, posters, markings, flags at or near the scene;
(e) the number and types of motor vehicles at the scene;
(f) that the motor vehicles present have been altered or modified to increase power,
handling or visual appeal;
(g) that the person charged drove or was transported to the scene;
(h) that the person charged admitted to being a spectator at a street race or reckless
driving exhibition;
(i) lhal the person charged has previously parlicipated in streel race or reckless driving
exhibition;
0) that the person charged has previously aided and abetted a street race or reckless
driving exhibition;
City Council
28 — 6 4/20/2021
3
(k) that the person charged has previously attended a street race or reckless driving
exhibition,
(1) that the person charged previously was present at a location where preparations were
being made for a street race or reckless driving exhibition or a street race or reckless
driving exhibition was in progress.
Section 36-710 Admissibility of Prior Acts
The list of circumstances set forth in Section 36-709 is not exclusive. To the fullest extext
permissible by law, evidence of prior acts may be admissible to show plan, opportunity,
knowledge, identity, and/or propensity of the person charged to be present at or attending
a street race or reckless exhibition of speed if the prior act(s) occurred within three (3)
years of the presently charged offense. These prior acts may always be admissible to
show knowledge on the part of the defendant that a street race or reckless driving
exhibition was taking place at the time of the presently charged offense. Prior acts are not
limited to those that occurred within the City of Santa Ana.
Section 3. The City Council finds that this ordinance is not subject to the California
Environmental Quality Act Lander California Code of regulations, Title 14, Section 15060,
subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment nor under subdivision (c)(3) because the
activity has no potential for resulting in physical change to the environment, directly or
indirectly and so is not a project.
Section 4. If any section, subsection, phrase, or clause of this ordinance is for any
reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have
passed this ordinance and each section, subsection, phrase or clause thereof irrespective
of the fact that any one or more sections, subsections, phrases or clauses be declared
invalid or unconstitutional.
Section 5. The Clerk of the Council shall certify to the adoption of this ordinance
and cause the same to be published in the manner prescribed by law.
Section 6.This ordinance shall take effect and be in full force thirty (30) days from
and after its final passage.
ADOPTED this day of , 2021.
Vicente Sarmiento
Mayor
City Council
28 — 7 4/20/2021
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attor�n^,e1y
By:('Vul----: ----
—
Tamara Bogosian
Senior 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 that the attached
Ordinance No. NS-XXX to 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.
Data
Clerk of the Council
City of Santa Ana
City Council
28 — 8 4/20/2021
5