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Agenda Packet_2025-10-07
City Council and Housing Authority Meeting Packet October 7, 2025 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b),Councilmember Jessie Lopez will participate in the meeting via teleconference from Dallas/Addison Marriott Quorum by the Galleria, 14901 Dallas Parkway,Dallas,TX 75254(with the room number posted in the lobby).The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION MEETING - 4:30 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 c i Valerie Amezcua Mayor Thai Viet Phan Benjamin Vazquez Councilmember—Ward 1 Mayor Pro Tern-Ward 2 Jessie Lopez Phil Bacerra Councilmember-Ward 3 Councilmember- Ward 4 Johnathan Ryan Hernandez David Penaloza Councilmember-Ward 5 Councilmember- Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Alvaro Nunez Jennifer L. Hall City Attorney City Manager City Clerk In compliance with the Americans with Disabilities Act(ADA), if you need special assistance to participate in this Meeting, contact 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 documentation can be found on the City's website—www.santa-ana.org/agendas-and-minutes. City Council 1 10/7/2025 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 10/7/2025 Members of the public may attend the City Council meeting in-person or join via Zoom. As a courtesy to the public, 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 https://www.youtube.com/cityofsantaanavideos/ or on CTV3, available on Spectrum channel 3. 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 one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail two (2) hours before the scheduled start 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. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eComment(a-)santa-ana.orq. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start 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. • LIVE VIRTUAL OPTION —As a courtesy, 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 https://us02web.zoom.us/m/315965149. 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 a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v)for Housing Authority 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. • IN-PERSON OPTION - Members of the public can provide in-person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in-person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. City Council 3 10/7/2025 The following designated public comment periods are: 1. 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 or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4:30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON-AGENDA ITEMS (GENERAL PUBLIC COMMENT)—You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4:00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS—You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN-PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish-to-English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion al espanol en las juntas del Consejo. La interpretacion simultanea al espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse al consejo municipal en el podio. 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 , ). City Council 4 10/7/2025 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Councilmember Jessie Lopez will participate in the meeting via teleconference from Dallas/Addison Marriott Quorum by the Galleria, 14901 Dallas Parkway, Dallas, TX 75254 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. 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 LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: • Service Employees International Union, Full-Time Employees Unit (SEIU-FT) • Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) City Council 5 10/7/2025 2. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organizations: • Confidential Association of Santa Ana (CASA) • Santa Ana Police Management Association (PMA) RECONVENE — City Council will reconvene to continue regular City business. TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Councilmember Jessie Lopez will participate in the meeting via teleconference from Dallas/Addison Marriott Quorum by the Galleria, 14901 Dallas Parkway, Dallas, TX 75254 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Mayor Amezcua WORDS OF INSPIRATION Liz Sanchez, Templo Calvario ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Pro Tern Vazquez to Hugo, Tyler, and Nilsson Vazquez of the Santa Ana Unified Transitional Program declaring October 2025 as National Disability Employment Awareness Month 2. Proclamation presented by Councilmember Bacerra to Philippine Consulate General declaring October 2025 as Filipino American History Month City Council 6 10/7/2025 CLOSED SESSION REPORT— The City Attorney will report on any action(s)from Closed Session. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. I CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 18 and waive reading of all resolutions and ordinances. 3. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 4. Minutes from the Regular Meetings of August 19, 2025 (corrected) and September 16, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. 5. Appoint Richard Santana Nominated by Councilmember Phan as the Ward 1 Representative to the Community Development Commission for a Partial Term Expiring December 12, 2028 Department(s): City Clerk's Office Recommended Action: Appoint Richard Santana to the Community Development Commission as the Ward 1 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) 6. Public Facilities Naming No. 2025-02 - Naming of the Santa Ana Police Athletic & Activity League (PAAL) Center at 2627 W. McFadden Avenue Pursuant to SAMC Section 33-8 Department(s): Planning and Building Agency Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Public Facilities No. 2025-02 naming the Santa Ana Police Athletic & Activity League (PAAL) Center at 2627 West McFadden Avenue as the Jose Vargas PAAL Center. City Council 7 10/7/2025 7. Appropriation Adjustments to Carryover Unspent Amounts from Fiscal Year 2024-25 to Fiscal Year 2025-26 Department(s): Finance and Management Services Recommended Action: 1. Approve an Appropriation Adjustment to reduce the FY2024-25 budget for unspent amounts carried forward to FY2025-26. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY2025-26 budget for amounts carried forward from FY2024-25. (Requires five affirmative votes) 8. Additional Construction Funding to Address Critical Maintenance Needs and Original Workmanship Quality Issues for the Newhope Library Renovation Project (Project No. 22-1802) (General Fund) (Non General Fund) Department(s): Library Recommended Action: 1. Approve additional construction funding for the Newhope Library Renovation Project in the amount of$600,000 in General Fund and Cannabis Public Benefit Fund funding. 2. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include $600,000 in construction funds for the Newhope Library Renovation Project (Project No. 22-1802). 9. License Agreement with Bowers Museum for Digital Marquee Placement Department(s): City Manager's Office Recommended Action: Authorize the City Manager to execute a license agreement with The Charles W. Bowers Museum Corporation to grant the City use of a specific section of real property, located on the northeast corner of 1914 W. Main St., for placement of a digital marquee for a 10-year term, with provisions for an automatic 10- year extension. (Agreement No. A-2025-XXX) 10. Agreement with OpportunitySpace Inc. dba Tolemi for a Rental Registry Portal to Enforce the Rent Stabilization and Just Cause Eviction Ordinance (Spec. 25-073) (Non-General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Opportu n ityS pace Inc. dba Tolemi to implement, operate, and maintain a Rental Registry portal in a total amount not to exceed $580,000 for a three-year term beginning October 7, 2025, and expiring October 6, 2028, with provisions for two one- year extensions (Agreement No. A-2025-XXX). City Council 8 10/7/2025 11. Purchase Order Contracts to American Sanitary Supply Inc., Imperial Bag & Paper Co. LLC dba Imperial Dade, Signal Hill Auto Enterprises Inc. dba Supply Solutions, and Veritiv Operating Company for Paper and Janitorial Products (Specification No. 25-115) (General Fund & Non-General Fund) Department(s): Finance and Management Services Recommended Action: Award Aggregate Purchase Order Contracts to vendors listed below for paper and janitorial products on an as-need basis in an annual aggregate amount not to exceed $315,645, for an initial one-year term expiring on October 6, 2026, with provisions for four, one-year renewal options, for a shared aggregate amount not-to-exceed total amount of$1,578,225. Vendor Location American Sanitary Supply Inc. Brea, CA Imperial Bag & Paper Co. LLC dba Imperial Loma Linda, Dade CA Signal Hill Auto Enterprises Inc. dba Supply Fullerton, CA Solutions Downey, CA Veritiv Operating Company 12. Purchase Order Contracts to Acme Supply Co., Ltd., Bob Barker Company, Inc., and Victory Supply, LLC for Incarcerated Persons Supplies (Specification No. 25-084) (General Fund) Department(s): Police Department Recommended Action: Award Aggregate Purchase Order Contracts to vendors listed below for incarcerated persons supplies on an as-needed basis in an estimated annual aggregate amount not to exceed $73,000 for an initial one-year term expiring on October 6, 2026, with provisions for four(4) one (1)-year renewal options and a total amount not to exceed $365,000 over a five-year period. Vendor Location Acme Supply Co., Ltd Glen Cove, NY Bob Barker Company, Inc. Fuquay Varina, NC Victory Supply, LLC Mount Pleasant, TN 13. Aggregate Purchase Order Contracts with Ferguson Enterprises, LLC dba Ferguson Waterworks, Orange County WinWater, and S&J Supply Company, Inc. for Waterworks Fittings and Supplies (Specification No. 25-010) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Award Aggregate Purchase Order Contracts to Ferguson Enterprises, LLC dba Ferguson Waterworks, Orange County WinWater, and S&J Supply Company, Inc. for waterworks fittings and supplies on an as-needed basis for City Council 9 10/7/2025 a shared annual aggregate amount not-to-exceed $800,000, for the term beginning October 7, 2025 and expiring October 6, 2026, with provisions for four, one-year renewal options. 14. Aggregate Agreements for Plumbing Contractor Services (Specification No. 25- 070A) (General Fund & Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Elegant Construction, Inc., Pacific Plumbing Company of Santa Ana, Pro-Craft Construction, Inc., and Verne's Plumbing, Inc. for plumbing contractor services for a shared aggregate amount not-to-exceed total amount of$2,012,500, for the term beginning October 7, 2025 and expiring October 6, 2028, with provisions for one, two- year extension (Core Agreement No. A-2025-XXX). 15. Aggregate Agreements for Electrical Contractor Services (Specification No. 25- 069A) (General Fund & Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with Fineline Products, Inc. dba Fineline Electric, Inter-Pacific, Inc., Radiant Electric LLC, and Williams and Maher, Inc. for electrical contractor services for shared aggregate not-to-exceed total of$3,150,000 for the term beginning October 7, 2025 and expiring October 6, 2028, with provisions for one, two-year extension (Core Agreement No. A- 2025-XXX). 16. Second Amendment to Agreement with Mark Thomas & Company, Inc. for Grant Writing Services (No. 22-6899, 24-6899, 25-6899 & 26-6899) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of$75,000, for a new total not-to-exceed amount of$405,000 and exercise the final extension option ending December 20, 2026 (Agreement No. A-2025-XXX). 17. Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Management Association and Resolution Updating the Salary Schedule for Associated Unrepresented Classifications Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Management Association ("SAMA") regarding wages, hours, and other terms and conditions of employment effective July 1, 2025 through June 30, 2028 and authorize non-substantive changes which may be City Council 10 10/7/2025 necessary to implement the agreement (Agreement No. A-2025-XXX). 2. Adopt a Resolution updating the salary schedule for associated unrepresented classifications. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN 18. Second Readings for Amendment Application No. 2025-01 and Development Agreement No. 2025-01 Ordinances for The Village Santa Ana Specific Plan Project Located at 1561 W. Sunflower Avenue. Legal notices published in the OC Reporter on September 19, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 2025-01 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NS-3086 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-01 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP-6) 2. Conduct a second reading and adopt an ordinance approving Development Agreement No. 2025-01. ORDINANCE NO. NS-3087 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025- 01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP 3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the ordinances' second readings are covered by the Final Supplemental Environmental Impact Report (SEIR) No. 2025-01 (SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental Quality Act, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on September 16, 2025 for the Project (Notice of Determination filed on September 18, 2025). **END OF CONSENT CALENDAR** City Council 11 10/7/2025 I BUSINESS CALENDAR 19. Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) (Continued from the Regular City Council meeting of September 16, 2025, Item No. 9) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Public Facilities No. 2025-01 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as "Nuestro Park." 20. Third Amendments for Rotational Towing and Storage Services for the Police Department (Continued from the Regular City Council meeting of September 16, 2025, Item No. 15) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A-2025-XXX): Standard Enterprises, Inc., dba To' N' Mo'; B&D Towing, Inc.; and MetroPro Road Services, Inc. 21. Consideration of Possible Censure of Councilmember Hernandez Department(s): City Attorney's Office Recommended Action: There is no staff recommendation. However, based on direction given by the City Council and reported out of closed session, this item is being presented for the Mayor and City Council of the City of Santa Ana, to review and discuss the process for censure arising from allegations made against Councilmember Hernandez. If appropriate, the Mayor and Council may provide further direction. **END OF BUSINESS CALENDAR** City Council 12 10/7/2025 COUNCILMEMBER REQUESTED ITEMS 22. Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of In-Car Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code-3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan — Councilmember Lopez (Continued from the Regular City Council meeting of September 16, 2025, Item No. 29) 23. Discuss and Consider Providing Direction to the City Manager to Prepare a Resolution in Support of California Proposition 50, also known as the "Election Rigging Response Act."— Councilmember Penaloza 24. Discuss and Consider Providing Direction to the City Manager and City Attorney to Direct Staff to Prepare an Ordinance Prohibiting the Use of Algorithmic Pricing Tools — Councilmember Lopez I WORK STUDY SESSION 25. Permanent Supportive Housing Inspections Work Study Session Department(s): Community Development Agency Recommended Action: Discuss and provide direction to staff. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT—Adjourn the City Council meeting and convene to the Housing Authority meeting. In Memory of Andrea Zinder Future Items 1. Centennial Sports Lighting Field 5&6 Project Construction Contract 2. Cypress Center Restoration Construction Contract 3. 2026 City Council Meeting Calendar City Council 13 10/7/2025 POSTING STATEMENT: On September 30, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 14 10/7/2025 HOUSING AUTHORITY TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Authority Member Jessie Lopez will participate in the meeting via teleconference from Dallas/Addison Marriott Quorum by the Galleria, 14901 Dallas Parkway, Dallas, TX 75254 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CALL TO ORDER ATTENDANCE Authority Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Vice Chair Benjamin Vazquez Chair Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho Recording Secretary Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. ICONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3 and waive reading of all resolutions and ordinances. 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Approve Minutes of the Special Meeting of August 19, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. City Council 15 10/7/2025 3. Section Eight Management Assessment Program High Performer Certification for Fiscal Year Ending June 30, 2025 Department(s): Community Development Agency Recommended Action: Receive and file the Section Eight Management Assessment Program High Performer Certification for Fiscal Year Ending June 30, 2025. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT—Adjourn the Housing Authority meeting. POSTING STATEMENT: On September 30, 2025, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 16 10/7/2025 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California August 19, 2025 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:09 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Penaloza, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. Councilmember Lopez arrived during Closed Session. Councilmember Hernandez was absent. CITY COUNCIL 1 AUGUST 19, 2025 City Council 4 - 1 10/7/2025 ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: Councilmember Phan recused herself from Closed Session Agenda Item No. 1 B as the listed entity, JBW Enterprise, LLC, is a client of her employer, Rutan and Tucker. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: Mayor Amezcua recessed to consider the Closed Session items at 4:10 P.M. 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. Delfina Flores Robles v. City of Santa Ana, et al, Orange County Superior Court, Case No. 30-2023-01352256-CU-PA-CJC B. JBW Enterprise, LLC v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2025-01498020 C. Kim McPeck v. City of Santa Ana, Orange County Superior Court, Case No. 30-2024-01370874 MINUTES: Councilmember Phan left the closed session room at 4:28 P.M. for Council consideration of Closed Session Agenda Item No. 1 B and returned to the closed session room at 4:43 P.M. 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: * One (1) case — Union Pacific 3. CONFERENCE WITH LEGAL COUNSEL — SIGNIFICANT EXPOSURE TO LITIGATION pursuant to Section 54956.9(d)(2) of the Government Code: Three (3) Matters [Personnel Complaints] CITY COUNCIL 2 AUGUST 19, 2025 City Council 4 - 2 10/7/2025 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: • Service Employees International Union, Full-Time Employees Unit (SEIU- FT) • Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) 5. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organizations: • Confidential Association of Santa Ana (CASA) • Santa Ana Middle Management / Administrative Management Association (SAMA) • Santa Ana Police Management Association (PMA) RECONVENE—City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to order at 6:19 P.M. ATTENDANCE Councilmembers Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza, and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. CITY COUNCIL 3 AUGUST 19, 2025 City Council 4 - 3 10/7/2025 PLEDGE OF ALLEGIANCE Joe Vargas WORDS OF INSPIRATION Miguel Hernandez, OCCCO ADDITIONS\DELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced Public Hearing Agenda Item No. 24 has been withdrawn from consideration as the property owner has paid the outstanding amount. CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Amezcua recognizing Vex Robotics World Championship Participants for Outstanding Academic Accomplishments MINUTES: Mayor Amezcua presented certificates of recognition to Vex Robotics World Championship Participants for outstanding academic accomplishments. 2. Certificates of Recognition presented by Councilmember Bacerra recognizing Saddleback High School Students for Outstanding Contributions to the Community MINUTES: Councilmember Bacerra presented certificates of recognition to Saddleback High School students for outstanding contributions to the community. 3. Certificate of Recognition presented by Councilmember Lopez recognizing the Lit League for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Lit League for outstanding contributions to the community. 4. Proclamation presented by Councilmember Hernandez to the Guzman Family declaring August 2025 as Chicano Heritage Month MINUTES: Councilmember Hernandez presented a proclamation to the Guzman Family declaring August 2025 as Chicano Heritage Month. CLOSED SESSION REPORT—The City Attorney will report on any action(s)from Closed Session. MINUTES: City Attorney Sonia Carvalho reported that for item No 1A, Delfina Flores Robles v. City of Santa Ana, et al., the City Council voted 6-0 (Councilmember Hernandez absent) to settle the case for$150,000. For Item 1 B, JBW Enterprise, LLC v. City of Santa Ana, et al., the City Council voted 5-0 (Councilmembers Hernandez absent and Phan recused) to file a motion to determine whether the plaintiff's law firm Rutan and Tucker may legally and ethically continue to sue the City of Santa Ana with a current employee on the City Council. CITY COUNCIL 4 AUGUST 19, 2025 City Council 4 - 4 10/7/2025 City Attorney Carvalho reported that for Item 3, the City Council voted 6-0 (Councilmember Hernandez absent) for potential censure process with potential legal consequences regarding personnel complaints filed against Councilmember Hernandez be reported at the City Council meeting of October 7, 2025. She further reported Item Nos. 2,4, and 5 were not heard. PUBLIC COMMENTS--Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: four (4) Agenda Item No. 10, one (1) Agenda Item No. 25, and two (2) non- agenda comments. The following speakers addressed City Council in-person: 1. Joe Vargas spoke in support of Agenda Item No. 25 and spoke regarding his father, Jose Vargas. 2. Bulmaro Vicente expressed concern regarding the lack of transparency regarding the annual military equipment reports, spoke in opposition to the drone program, and requested justice for Noe Rodriguez. 3. Sandra De Anda spoke regarding I.C.E. raids and in support of Agenda Item No. 13. 4. Abraham Quintana requested the military equipment policy not be approved, spoke regarding the policy, and requested justice for Noe Rodriguez. 5. Patty Cabada requested Council look into AB495. Councilmember Penaloza addressed comments regarding relationships. 6. Tommy Fernandez expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family. 7. Yumiko Hiromoto (translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family. 8. Josh Nuno expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family. 9. Karen Perez expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family. CITY COUNCIL 5 AUGUST 19, 2025 City Council 4 - 5 10/7/2025 10. Victor Quiroga expressed concern regarding the exclusive use and access to City fields to La Academia organization, Councilmember Penaloza's relationship with the Reyes family, and requested Council not take away the use of fields by the community. 11.Maria Bahena expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 12.Ricardo Sandoval(translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 13.Hector Hernandez expressed concern regarding the exclusive use and access to City fields by La Academia organization. 14.Jose Meza (translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family and requested transparency and Council not take away the use of fields by the community. 15.Joaquin Olvera expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested the Council not take away the use of fields by the community. 16.Johnny Mejia expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family, and requested equality for the use of fields by all soccer organizations. 17.Melissa Aburto requested Council not take away the use of fields by the community. 18. Guadalupe Romero (translation: Spanish) requested the Council not take away the use of fields to the community. 19.Bryan Leos expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 20.America Saucedo (translation: Spanish) requested Council not take away the use of fields by the community. 21.Sonia Olivarrias expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community 22.Danalin Gonzalez expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. CITY COUNCIL 6 AUGUST 19, 2025 City Council 4 - 6 10/7/2025 23. Christian Castellenos expressed concern regarding the exclusive use and access by City fields to La Academia organization and requested Council not take away the use of fields by the community. 24.Leonel Perez (translation: Spanish) expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested equality and transparency for the use of fields by all soccer organizations. City Manager Alvaro Nunez stated the City does not have a contract with an organization and for a contract to be in place it would need to be brought to Council for discussion. 25.Bruce Senator requested an online platform for the community to be able to share their thoughts anonymously as well as recipes. He expressed concerns regarding the construction on Warner Street, digital billboards, and field use within the community. 26. Victor Mendez expressed gratitude to Chief Robert Rodriguez in regards to Item 11. He requested that appropriate inspectors be assigned regarding Item 18 and that quarterly reports be utilized and reviewed for possible field use within the community regarding Item 8. 27.Joel Fuentes expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 28. Gerardo Rangel expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family. 29.Lupe Lopez spoke regarding Native American Heritage Month and invited the Council to join her in celebration on November 2. 30. Claudia Acosta expressed concern regarding the exclusive use and access to City fields by La Academia organization and requested Council not take away the use of fields by the community. 31.Daniel Aguilar expressed concern regarding the exclusive use and access to City fields by La Academia organization and Councilmember Penaloza's relationship with the Reyes family. The following speakers addressed City Council via teleconference: 32.Kayla Asato spoke in opposition to Item 10 and in support of Item 13. They requested equality and transparency for the use of fields by all soccer organizations. 33.AL spoke in opposition to Ordinance No. NS-3020 and Agenda Item No. 10. 34.Fabi Jacome spoke in support of Agenda Item No. 13. CITY COUNCIL 7 AUGUST 19, 2025 City Council 4 - 7 10/7/2025 MINUTES:At 8:47 P.M., MayorAmezcua moved Agenda Item No. 25 out of order and prior to consideration of the Consent Calendar. AGENDA ITEM NO. 25 MOVED OUT OF ORDER COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager to Prepare a Resolution for Consideration Naming the PAAL Center Located on McFadden Avenue as the Jose Vargas PAAL Center in Recognition of his Legacy of Service to Santa Ana's Youth, Immigrant Community, and Public Safety — Mayor Pro Tem Benjamin Vazquez MINUTES: Mayor Pro Tem Vazquez spoke regarding Jose Vargas' legacy in the City of Santa Ana and years of service and dedication to the immigrant community. Councilmember Penaloza thanked Mayor Pro Tem Vazquez for presenting the item, spoke in support of the item, and requested the Vargas family be invited to the unveiling ceremony. Councilmember Hernandez thanked Mayor Pro Tem Vazquez for presenting the item and spoke in support of the item. Mayor Amezcua thanked Mayor Pro Tem Vazquez for presenting the item, spoke in support of the item, and echoed Councilmember Penaloza's request to invite the Vargas family to the unveiling ceremony. Mayor Pro Tem Vazquez thanked the Council for their support. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 5 through 20 and waive reading of all resolutions and ordinances. MINUTES:At 8:56 P.M., the Consent Calendar was considered. Councilmember Lopez pulled Agenda Item Nos. 10 and 19 for separate discussion and consideration. Councilmember Phan recused herself from Agenda Item No. 18 as the listed entity, Bernel, Inc. dba VFS Fire & Security, is a client of her employer, Rutan and Tucker. Councilmember Bacerra pulled Agenda Item Nos. 16 and 19 for separate discussion and consideration. CITY COUNCIL 8 AUGUST 19, 2025 City Council 4 - 8 10/7/2025 Councilmember Hernandez pulled Agenda Item No. 10 for separate discussion and consideration. Mayor Amezcua pulled Agenda Item Nos. 14 and 19 for separate discussion and consideration. MOTION: Mayor Amezcua moved to approve Consent Calendar Item Nos. 5 through 20, with the exception of Item Nos. 10, 14, 16, and 19, seconded by Councilmember Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0 — Pass 5. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 6. Minutes from the Regular Meeting of August 5, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. 7. Appoint Oscar Rodriguez Nominated by Mayor Pro Tern Vazquez as an At- Large Representative to the Rental Housing Board for a Partial Term Expiring in 2027 Department(s): City Clerk's Office Recommended Action: Appoint Oscar Rodriguez to the Rental Housing Board as an at-large representative and administer the Oath of Office (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes). CITY COUNCIL 9 AUGUST 19, 2025 City Council 4 - 9 10/7/2025 8. Receive and File Quarterly Report of Contracts up to $50,000 for Non-Public Works and up to $500,000 for Public Works Authorized by the City Manager as Permitted by Charter Section 421 Department(s): Finance and Management Services Recommended Action: Receive and file Quarterly Report of Contracts entered into between April 1, 2025 to June 30, 2025. 9. Receive and File Quarterly Report of Investments as of June 30, 2025 Department(s): Finance and Management Services Recommended Action: Receive and file. 10. Annual Military Equipment Use Reports for 2022-23, 2023-24, and 2024-25 Department(s): Police Department Recommended Action: 1. Receive and file the Santa Ana Police Department's Annual Military Equipment Use reports for 2022-23,2023-24, and 2024-25 for existing equipment. 2. Review and affirm Santa Ana City Ordinance No. NS-3020. MINUTES: Mayor Amezcua inquired whether the item included a proposal for the purchase of drones. Police Chief Robert Rodriguez clarified that the item being considered did not include a proposal for the purchase of drones. Councilmember Hernandez thanked members of the public for participating and spoke in opposition to the item. MOTION: Councilmember Hernandez moved to not approve the recommended action for Item No. 10. Motion died due to lack of second. Mayor Amezcua inquired regarding Chief Rodriguez's start date, the posting of the reports from 2022-23 and 2023-24, and whether there have been new purchases of military equipment. Chief Rodriguez confirmed his start date as Chief on December 19, 2024 and stated reports from 2022-23 and 2023-24 were not originally posted for the community. He clarified the department was tracking internal compliance and usage to ensure compliance and transparency with AB 481 and explained changes in leadership within the last few years caused data not to be reported to the community. CITY COUNCIL 10 AUGUST 19, 2025 City Council 4 - 10 10/7/2025 Commander Sorenson confirmed no new equipment has been purchased and provided a presentation regarding the annual military equipment use report. Mayor Pro Tem Vazquez requested information related to the increase from .015% the first year, .054% the second year, and .023% this current year regarding total calls for service. He expressed concern regarding the deployment of military equipment used during protests related to ICE on June 9, 2025 and requested the Police Oversight Director create a report and policy on the use of weapons. Councilmember Lopez asked whether a member within the department has been designated to conduct yearly reports and clarification on the events in which the military equipment had been used. She requested a Zoom option be available for residents at the next community meeting, parking validations be offered, and a physical presentation be provided for future meetings. Chief Rodriguez confirmed multiple members within the department have been assigned. Commander Sorenson stated a data report was created in the department's RMS system to provide reporting access to all personnel and increased enforcement on East First Street related to the service of search warrants. He clarified the number of times the equipment was reported as being used as a force option and explained deployment refers to the removal of a 40mm launcher and projectile from a police vehicle, as opposed to the actual use of the equipment as a force option. Councilmember Penaloza echoed Councilmember Lopez's request regarding future community meetings and expressed gratitude to Chief Rodriguez for his efforts putting forth the policy. Councilmember Phan expressed gratitude to Commander Sorenson and acknowledged the department for taking responsibility for previous shortcomings while demonstrating a commitment to fixing the issue. She requested clarification on the purpose of each equipment item and emphasized the importance of transparency. She voiced support for Ordinance No. 3020 regarding the use of equipment when necessary and confirmed there have been no discussions within the City Council about purchasing drones. Councilmember Bacerra requested data regarding hate crimes be presented on the City website and echoed Councilmember Phan's comments. Councilmember Hernandez spoke in opposition to the item, voiced concerns regarding the potential harm to the community from the use of military equipment and the need for compliance, and asked when the protocol for deploying equipment is applied in a given situation. Chief Rodriguez stated proper approval from the commander is required for certain situations, such as SWAT deployments. CITY COUNCIL 11 AUGUST 19, 2025 City Council 4 — 11 10/7/2025 Mayor Amezcua requested clarification regarding incidents where equipment was deployed and categorized as a force option in the report, whether the department had received any community complaints or noted any loss of life related to the use of equipment, and under what circumstances an armored vehicle could be deployed. She echoed Councilmember Lopez's comments regarding accessibility for future community meetings and requested translators be available in Spanish and Vietnamese. She spoke in support of the item and thanked the Santa Ana Police Department for their service. Commander Sorenson clarified the data is based on deployment versus employment, such as incidents where rifles were removed from vehicles or deployed during a SWAT call but not used as a force option. He confirmed the department had not received any community complaints and there had been no loss of life due to the equipment. He provided an example of using a high-speed pursuit intervention to block an individual and safely ending the pursuit without endangering the community. Councilmember Lopez requested clarification regarding the most recent report covering May 2024 to April 2025 and not including data from the month of May, while previous reports (May 2023-May 2023 and May 2023-May 2024) did. She asked why the reported cost of military equipment has remained the same each year in the data. Commander Sorenson stated there was a misprint in the report and clarified the data covers the periods of May 1, 2022 - May 1, 2023; May 1, 2023 - April 30, 2024; and May 1, 2024-April 30, 2025. He explained when the report was printed, `April"was listed instead of"May,"and confirmed the data reflects the full month of April, not May. He noted that future reports should display the periods as May 1 - April 30, explained annual costs, and stated the department has not ordered any new military equipment. Mayor Pro Tem Vazquez stated the City should prioritize investing in youth programs and community sports rather than the police department and its equipment. MOTION: Councilmember Phan moved to approve the recommended action for Item No. 10, seconded by Councilmember Bacerra. The motion carried, 4-3, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, MAYOR PRO TEM VAZQUEZ ABSTAIN: NONE ABSENT: NONE Status: 4- 3- Pass CITY COUNCIL 12 AUGUST 19, 2025 City Council 4 - 12 10/7/2025 11.Agreement with 02X Human Performance, LLC for On-Site Physical Health and Wellness Services (Specification No. 25-104) (Non-General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with 02X Human Performance, LLC to provide on-site physical health and wellness services in an amount not to exceed $215,000, for a one-year term beginning September 1, 2025 and expiring August 31, 2026 (Agreement No. A-2025-134). 12.Fourth Amendment to Agreement with Siemens Industry, Inc. (Non-General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute a fourth amendment to the agreement with Siemens Industry, Inc. for the installation of additional security camera infrastructure on Bristol Street and extending the agreement for an additional two (2) month period from November 1, 2025 through December 31, 2025, in the additional amount of $42,274 for a total aggregate amount not to exceed $3,462,144 (Agreement No. A-2025-135). 13.Agreement with Immigrant Defenders Law Center for Immigration Legal Defense Services (Specification No. 24-137) (General Fund) Department(s): City Manager's Office Recommended Action: Authorize the City Manager to execute an agreement with Immigrant Defenders Law Center to provide immigration legal defense services to Santa Ana residents in the amount of $250,000 for the term of August 19, 2025 to August 18, 2026, with provisions for two, one-year extensions at an amount of $250,000 per extension, for a total aggregate amount not to exceed $750,000 over a three-year period (Agreement No. A-2025-136). 14.Agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth (Specification No. 25-057A) Department(s): Community Development Agency Recommended Action: Approve and authorize the execution of an agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation to provide services coordination for transitional age youth and former foster youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a Foster Youth to Independence voucher, in an amount not to exceed $632,839, for a three-year term beginning August 19, 2025, and expiring August 18, 2028, with the option for a one- year extension. (Agreement No. A-2025-137) (related to Housing Authority Agenda Item No. 3) CITY COUNCIL 13 AUGUST 19, 2025 City Council 4 — 13 10/7/2025 MINUTES: MayorAmezcua asked whether other cities are implementing initiatives for transitional-age youth and if the allocated amount would be sufficient for the youth, and suggested potentially partnering with other cities as part of the project. Community Development Director Mike Garcia stated the 10% of HHAP funding is required to be set aside for cities that receive these funds and the allocation is formulated based on the City's demographics, with those funds directed toward this specific population. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 14, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6- 0-0— 1 — Pass 15.Agreement with MDG Associates, Inc. to Provide On-Call Comprehensive Financial, Grant Monitoring, Administrative, and Technical Support Services for the CDBG, HOME, and ESG Programs (General & Non-General Funds) (Specification No. 25-076A) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with MDG Associates, Inc. to provide on-call comprehensive financial, grant monitoring, administrative, and technical support services for the Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant Program in an amount not to exceed $300,000 over a three-year period, beginning August 19, 2025 and expiring June 30, 2028, with the option for an extension (Agreement No. A-2025-138). 16.Agreement with KABOOM! to Provide Updated Playground Equipment at Sandpointe Park Department(s): Parks, Recreation, and Community Services Recommended Action: Authorize the City Manager to approve a community partner agreement with KABOOM!, Inc. for new playground equipment at Sandpointe Park in the amount of$8,500 (Agreement No. A-2025-139). MINUTES: Councilmember Bacerra spoke in support of the item, inquired regarding the start date, and thanked the KABOOM Foundation for their collaboration. CITY COUNCIL 14 AUGUST 19, 2025 City Council 4 - 14 10/7/2025 Parks, Recreation, and Community Services Director Hawk Scott confirmed the event will take place on October 11, 2025. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 16, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6- 0-0— 1 — Pass 17.Amendment to the Bristol-Tolliver Street Urban Greening Project Cost Analysis to add $115,000 in Residential Development District 4 -Acquisition and Development funds and $176,000 in Community Development Block Grant Funds for a New Total Construction Delivery Cost of $4,872,808 and Change Order to add $115,000 to an Existing Construction Contract with Legion Contractors, Inc., for the Construction of the Basketball Court at the Project (Project No. 24-6600) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Bristol-Tolliver Street Urban Greening Project Cost Analysis to add $115,000 in Residential Development District 4 -Acquisition and Development funds, and $176,000 in Community Development Block Grant funds for a new total construction delivery cost of $4,872,808. 2. Approve a Change Order to add $115,000 to an existing construction contract with Legion Contractors, Inc., for the construction of the basketball court at the Bristol-Tolliver Street Urban Greening Project. 18.Service Agreements for Fire Alarm and Sprinkler Systems Inspection, Repair, and Maintenance Services (General Fund & Non-General Fund) Department(s): Public Works Agency Recommended Action: Approve service agreements with Viking Automatic Sprinkler Company dba Kimble Fire Protection, Bernel, Inc. dba VFS Fire & Security, HCI Systems, Inc., and Cal Building Systems, to provide as-needed fire alarm and sprinkler systems inspection, repair, and maintenance services for shared aggregate not-to-exceed total of$880,000 for the term beginning September 1, 2025 and expiring August 31, 2028, with a provision for one, two-year extension (Core Agreement No. A-2025-140). CITY COUNCIL 15 AUGUST 19, 2025 City Council 4 — 15 10/7/2025 MINUTES: Councilmember Phan recused herself from Agenda Item No. 18 as the listed entity, Bernel, Inc. dba VFS Fire & Security, is a client of her employer, Rutan and Tucker. MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 18 as part of the Consent Calendar, seconded by Councilmember Penaloza. The motion carried, 6-0-1-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBNER PHAN (recusal) ABSENT: NONE Status: 6— 0— 1 —0— Pass 19.Encampment Delegated Maintenance Agreement with the California Department of Transportation for Right-of-Way Maintenance Services and Appropriation of $400,000 in Reimbursement Funding (Project No. 26-6423) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an Encampment Delegated Maintenance Agreement with the California Department of Transportation for the City to provide encampment abatement, litter and debris removal, weed abatement, and graffiti removal within Caltrans' right-of-way, with Caltrans reimbursing the City up to $200,000 annually for two years through June 30, 2027 for a total amount not to exceed $400,000 (Agreement No. A-2025-141). 2. Approve an appropriation adjustment in the amount of $400,000 to the Public Works Agency Services, Contract Services-Professional expenditure account (No. 05317021-62300), funded by reimbursements recorded in the City Services Expense Reimbursement revenue account (No. 05317002-57000) (Requires five affirmative votes). 3. Authorize the City Manager to execute the Agreement and any subsequent related documents, including amendments and exhibits, in a form approved by the City Attorney. MINUTES: Councilmember Bacerra thanked staff for their help in bringing the item for consideration and spoke in support of the item. Mayor Amezcua thanked City staff for all their hard work, spoke in support of the item, and asked how the MySantaAna App would reflect the Caltrans request page. CITY COUNCIL 16 AUGUST 19, 2025 City Council 4 — 16 10/7/2025 City Manager Alvaro Nunez stated requests through the app do not need to provide additional information. Councilmember Lopez spoke in support of the item and thanked city staff for their hard work and efforts. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 19, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6- 0-0— 1 — Pass 20.Resolution and Agreement Authorizing Police Corporal Ryan Johnson to Purchase a Retired Santa Ana Police Department K-9 Department(s): Police Department Recommended Action: 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Corporal Ryan Johnson and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9. RESOLUTION NO. 2025-038 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN CORPORAL RYAN JOHNSON AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A RETIRED SANTA ANA POLICE DEPARTMENT K-9 2. Authorize the City Manager to execute a purchase agreement with Santa Ana Police Corporal Ryan Johnson for the sale of a retired Police Department K-9 in the amount of$1 (Agreement No. A-2025-142). **END OF CONSENT CALENDAR** CITY COUNCIL 17 AUGUST 19, 2025 City Council 4 — 17 10/7/2025 BUSINESS CALENDAR MINUTES:At 10:16 P.M., the Business Calendar was considered. 21.Nominate and Appoint a Representative to the Upper Newport Bay Watershed Executive Committee and an Alternate to the Santa Ana River Flood Protection Agency Department(s): City Clerk's Office Recommended Action: 1. Nominate and appoint a representative to the Upper Newport Bay Watershed Executive Committee. 2. Nominate and appoint an alternate to the Santa Ana River Flood Protection Agency. MOTION: Councilmember Phan moved to nominate and appoint Rudy Rosas as the representative to the Upper Newport Bay Watershed Executive Committee and Cesar Barrera as the alternate to the Santa Ana River Flood Protection Agency, seconded by Mayor Amezcua. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6- 0-0— 1 — Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS MINUTES:At 10:19 P.M., the Public Hearings were considered. 22.Public Hearing — Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to Group Homes and Land Use Definitions and a Resolution to Amend the Miscellaneous Fees Schedule for the Fiscal Year 2025-2026 to Establish Planning and Building Agency Review Fees for Group Home Special Use Permit Applications and Group Home Operator's Permit Applications Legal notice published in the OC Reporter on August 8, 2025. CITY COUNCIL 18 AUGUST 19, 2025 City Council 4 — 18 10/7/2025 Department(s): Planning and Building Agency Recommended Action: 1. Adopt an ordinance approving Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code (SAMC) relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS-3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301(C) 2. Adopt a resolution to establish a Group Home Special Use Permit application review fee and a Group Home Operator's Permit review fee. RESOLUTION NO. 2025-039 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING FEES FOR A GROUP HOME SPECIAL USE PERMIT AND A GROUP HOME OPERATOR'S PERMIT MINUTES: Mayor Amezcua opened the Public Hearing at 10:20 P.M. City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 22. The following individual addressed the City Council in person: 1. Shahan Suzmeyan spoke in support of the item. Mayor Amezcua closed the Public Hearing at 10:22 P.M. Councilmember Bacerra spoke in support of the item. Mayor Amezcua spoke in support of the item. Councilmember Penaloza spoke in support of the item and thanked the leadership in the City of Costa Mesa. CITY COUNCIL 19 AUGUST 19, 2025 City Council 4 — 19 10/7/2025 Councilmember Lopez spoke in support of the item. MOTION: Councilmember Bacerra moved to approve the recommended action for Public Hearing Item No. 22, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0— Pass 23.Public Hearing - Zoning Ordinance Amendment No. 2025-02 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to A-Frame Signs Legal notice published in the OC Reporter on August 8, 2025. Department(s): Planning and Building Agency Recommended Action: Adopt an ordinance approving Zoning Ordinance Amendment No. 2025-02 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to A-frame signs. ORDINANCE NO. NS-3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025-02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO A-FRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(C)(2), 15060(c)(3) AND 15061(b)(3) MINUTES: MayorAmezcua opened the Public Hearing at 10:27 P.M. City Clerk Jennifer L. Hall stated there were no comments. Mayor Amezcua closed the Public Hearing at 10:27 P.M. CITY COUNCIL 20 AUGUST 19, 2025 City Council 4 — 20 10/7/2025 MOTION: Councilmember Hernandez moved to approve the recommended action for Public Hearing Item No. 23, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0— Pass AGENDA ITEM NO. 24 WITHDRAWN 24.Public Hearing - Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings Legal notice published in the OC Reporter and mailed on August 6, 2025. Department(s): Planning and Building Agency Recommended Action: Adopt a resolution affirming the Fiscal Year 2024-2025 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor-Controller, County of Orange. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE MINUTES: City Clerk Jennifer L. Hall announced Public Hearing Agenda Item No. 24 has been withdrawn from consideration as the property owner has paid the outstanding amount. **END OF PUBLIC HEARINGS** RECESS MINUTES: Mayor Amezcua recessed the City Council meeting and convened the Special Housing Authority meeting at 10:29 P.M. RECONVENE MINUTES: Mayor Amezcua adjourned the Special Housing Authority meeting and reconvened the City Council meeting to order at 10:30 P.M. CITY COUNCIL 21 AUGUST 19, 2025 City Council 4 — 21 10/7/2025 COUNCILMEMBER REQUESTED ITEMS 25.Discuss and Consider Directing the City Manager to Prepare a Resolution for Consideration Naming the PAAL Center Located on McFadden Avenue as the Jose Vargas PAAL Center in Recognition of his Legacy of Service to Santa Ana's Youth, Immigrant Community, and Public Safety — Mayor Pro Tern Benjamin Vazquez MINUTES: Item No. 25 was moved out of order and considered prior to the Consent Calendar(See page 8). CITY MANAGER COMMENTS MINUTES: City Manager Alvaro Nunez announced the requested Joint Special Meeting could not be scheduled due to scheduling conflicts among the Police Oversight Commission and City Council and suggested Councilmembers and the commission meet with staff individually and the Police Oversight Commission review the proposed amendments on September 11, 2025 and submit a memo or send a representative to the September 16, 2025, City Council meeting. He shared information about the Ayuda Sin Fronteras program and upcoming events, including the outdoor library inauguration at Jerome Park, quarterly bulk item drop-off at Carl Thornton Park and El Salvador Park on August 23, 2025, the Chicano Heritage Festival at Centennial Park on August 24, 2025, the Chicano Heritage Educational Celebration at City Hall on August 29, 2025, and garage sale weekend on September 6-7, 2025. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: Mayor Pro Tem Vazquez spoke regarding field facility use, thanked staff for their hard work, and invited all to attend the Chicano Heritage Festival on Sunday August 24, 2025 at Centennial Park. Councilmember Lopez announced her office hours on Saturday August 23, 2025 from 10:00 A.M. to 11:00 A.M., thanked everyone who participated and attended the Zoofari event, spoke regarding the new school year traffic, wished intern Branden a happy early birthday, invited all to attend the Colemena Market on Saturday August 23, 2025, requested a receive and file for the YMCA building on 3rd Street, and invited all to attend the celebration of Little Arabia in the City of Anaheim and the Chicano Heritage Festival on Sunday, August 24, 2025 at Centennial Park. Councilmember Lopez left the meeting at 10:43 P.M. Councilmember Penaloza spoke regarding his service on Transportation Corridor and Toll Roads Agency, an agreement approved between several agencies for the 241 Toll Road and 91 Toll Road express connector, and stated the project will be a monumental improvement once completed. He thanked staff who worked on the Delhi Library and spoke regarding the field use permits and his impartiality to a fair and democratic selection of approved field use permits. CITY COUNCIL 22 AUGUST 19, 2025 City Council 4 — 22 10/7/2025 Councilmember Phan spoke regarding the Zoofari event, thanked everyone who made the event a success, commented on the legal clinic her team hosted, announced that the Metropolitan Water District of Southern California is currently in the process of interviewing for a new director, and invited anyone who has questions about the process to reach out to her office. Councilmember Bacerra announced his upcoming community office hours will be on Saturday, September 13, 2025 at Adams Park at 10:00 A.M. and Saturday, October 11, 2025 at Sandpointe Park at 10:00 A.M., and reminded everyone to attend the quarterly bulk item drop off on Saturday August 23, 2025 at Carl Thornton Park and El Salvador Park from 9:00 A.M. to 12:00 P.M. Councilmember Hernandez stated the City was the first to declare August as Chicano Heritage Month and invited all to attend the Chicano Heritage Festival on Sunday, August 24, 2025 at Centennial Park and the Jerome Park outdoor library inauguration. He spoke regarding police oversight, accountability, and reported that he is against the disrespect and harassment of police officers and members of the community. Councilmember Hernandez left the meeting at 10:59 P.M. Mayor Amezcua requested clarification on the Closed Session actions. City Attorney Sonia Carvalho reported that for item No 1A, Delfina Flores Robles V. City of Santa Ana, et al., the City Council voted 6-0 (Councilmember Hernandez absent) to settle the case for $150,000. For Item 1B, JBW Enterprise, LLC v. City of Santa Ana, et al., the City Council voted 5-0 (Councilmembers Hernandez absent and Phan recused). For Item 3, the City Council voted 6-0 (Councilmember Hernandez absent) for potential censure process with potential legal consequences regarding personnel complaints filed against Councilmember Hernandez to be reported at the City Council meeting October 7, 2025. Mayor Amezcua shared the Orange County Transportation Authority will be hosting the following community presentations for the OC Streetcar. at Carver Elementary on August 20, 2025 at 6:30 P.M., Garfield Elementary August 21, 2025, Lydia Romero- Cruz Academy, and Santa Ana High School, August 28, 2025 at Comlink, and will have a booth at Fiestas Patrias on September 13th and 14th. She invited everyone to attend the Jerome outdoor library ribbon cutting ceremony on August 21, 2025, commented on the approval of field use permits, reported the most recurring topics during her community meetings are:homeless issues, crime, streets, and housing, and reported that on August 8, 2025, she met with the Los Angeles City Attorney, Hydee Feldstein, to help expand the coalition of cities joining the lawsuit against the federal government over recent immigration enforcement in California. She thanked everyone who attended the meeting. CITY COUNCIL 23 AUGUST 19, 2025 City Council 4 - 23 10/7/2025 ADJOURNMENT—Adjourn the City Council meeting. MINUTES: MayorAmezcua adjourned the City Council Meeting at 11:03 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC City Clerk CITY COUNCIL 24 AUGUST 19, 2025 City Council 4 — 24 10/7/2025 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California September 16, 2025 CLOSED SESSION MEETING - 4:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830(with the room number posted in the lobby).The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CLOSED SESSION CALL TO ORDER MINUTES: Mayor Amezcua called the Closed Session meeting to order at 4:09 P.M. ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall CITY COUNCIL 1 SEPTEMRER 16, 2n25 City Council 4 — 25 10/7/2025 ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Lopez and Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. Councilmembers Bacerra, Hernandez, and Penaloza (via teleconference) arrived during Closed Session. ADDITIONS\DELETIONS TO CLOSED SESSION MINUTES: City Attorney Sonia Carvalho announced under the Brown Act an item can be added after the posting of the agenda with council approval. She stated her office was contacted by the City of Los Angeles requesting the City join an additional amicus brief and there is need for immediate action. She requested to add Closed Session Item No. 1(G): Conference with Legal Counsel- Existing Litigation: Newsom v. Trump. MOTION: Mayor Amezcua moved to add Item No 1(G). CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Newsom v. Trump to the Closed Session Agenda, seconded by Councilmember Lopez. The motion carried, 4-0-0-3, by the following roll call vote: AYES: COUNCILMEMBER LOPEZ, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA Status: 4- 0 - 0 — 3 — Pass PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: None. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: MayorAmezcua recessed to considerthe Closed Session items at 4:11 P.M. 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: CITY COUNCIL 2 SEPTEMBER 16, 2n25 City Council 4 — 26 10/7/2025 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Jodi Thorn v. City of Santa Ana, Officer Cristal Gutierrez, et al., Orange County Superior Court, Case No. 30-2024-01380358-CU-PA-CJC B. Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23-cv-00504-DOC-KES C. Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2023-01348523-CU-WT-CJC D. In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 19-23649 (SHL) E. In re National Prescription Opiate Litigation, United States District Court Case No. 1:17-and-2804 (MDL No. 2804) F. Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30-2022-01287702-CU-OE-NJC G. Gavin Newsom v. Donald Trump, United States District Court Case No. 3:25-cv-04870-CRB 2. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL INITIATION OF LITIGATION pursuant to Paragraph (4) of subdivision (d) of Government Code Section 54956.9: • One (1) case — Union Pacific 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Peter Brown Employee Organizations: • Service Employees International Union, Full-Time Employees Unit (SEIU- FT) • Service Employees International Union, Part-Time Non-Civil Service Employees Unit (SEIU-PTNCS) 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: Lori Schnaider, Executive Director of Human Resources Employee Organizations: • Confidential Association of Santa Ana (CASA) • Santa Ana Police Management Association (PMA) RECONVENE—City Council will reconvene to continue regular City business. CITY COUNCIL 3 SEPTEMBER 16, 2n25 City Council 4 — 27 10/7/2025 TELECONFERENCE INFORMATION: Pursuant to Government Code Section 54953(b), Councilmember David Penaloza will participate in the meeting via teleconference from World Swan Resort,1200 Epcot Resorts Boulevard, Lake Buena Vista, FL 32830 (with the room number posted in the lobby). The Agenda will be posted at the teleconference location and any member of the public wishing to address the legislative body directly may do so at the teleconference location pursuant to Government Code Section 54954.3. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to orderat 5:41 P.M. ATTENDANCE Councilmembers Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Mayor Pro Tern Benjamin Vazquez Mayor Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza (via teleconference), Phan, Mayor Pro Tem Vazquez, and Mayor Amezcua were present. Councilmember Hernandez joined the meeting at 5:47 P.M. PLEDGE OF ALLEGIANCE Adrian A. Ezparza WORDS OF INSPIRATION Pastor Jeff Schlieder, Cross of Grace Santa Ana ADDITIONS\DELETIONS TO THE AGENDA MINUTES: Mayor Amezcua announced that the Santa Ana Zoo has received accreditation from the Association of Zoos and Aquariums. CITY COUNCIL 4 SEPTEMRER 16, 2n25 City Council 4 — 28 10/7/2025 CEREMONIAL PRESENTATIONS 1. Proclamation presented by Mayor Amezcua to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month MINUTES: Mayor Amezcua presented a proclamation to the Orange County Hunger Alliance declaring September 2025 as Hunger Action Month. 2. Proclamation presented by Councilmember Bacerra to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month MINUTES: Councilmember Bacerra presented a proclamation to the Kiwanis, Lyons, Elks, and Rotary Clubs declaring September 2025 as Service Club Organizations Month. 3. Certificate of Recognition presented by Councilmember Lopez to Santa Ana Unified School District — Family and Community Engagement Team for Outstanding Contributions to the Community MINUTES: Councilmember Lopez presented a certificate of recognition to Santa Ana Unified School District — Family and Community Engagement Team for outstanding contributions to the community. CLOSED SESSION REPORT—The City Attorney will report on anyaction(s)from Closed Session. MINUTES: City Attorney Sonia Carvalho reported the following actions for Closed Session items: • Item No. 1 G, Newson v. Trump, the City Council voted 6-0 (Councilmember Hernandez absent) to join an amicus brief to be filed by the City of Los Angeles. • Item No. 1 B, Share Our Selves Corporation v. City of Santa Ana, United States District Court Case No. 8:23-cv-00504-DOC-KES, the City Council voted 6-1 (Councilmember Bacerra dissenting), to settle the case for$550,000. • Item No. 1 C, Paloma Ortiz v. City of Santa Ana, et al., Orange County Superior Court Case No. 30-2023-01348523-CU-WT-CJC, the City Council voted 6-0 (Councilmember Hernandez absent), to settle the case for$85,000. • Item Nos. 1 D and 1 E,: In re: Purdue Pharma L.P. et al., United States Bankruptcy Court (S.D. NY) Case No. 19-23649 (SHL) and In re National Prescription Opiate Litigation, United States District Court Case No. 1:17-md- 2804 (MDL No. 2804), the City Council voted 6-0 (Councilmember Hernandez absent) to opt into a settlement and to waive certain claims for the acceptance of settlement funds which are anticipated to be hundreds of thousands of dollars incoming into the City. CITY COUNCIL 5 SEPTEMRER 16, 2n25 City Council 4 — 29 10/7/2025 • Item IF, Rita Ramirez v. City of Santa Ana, Orange County Superior Court Case No. 30-2022-01287702-CU-OE-NJC, the City Council voted 6-0 (Councilmember Hernandez absent) to waive the attorney client privilege as to specific personnel reports. AGENDA ITEM NO. 7 MOVED OUT OF ORDER 7. Appoint Ruben Reyes Nominated by Mayor Pro Tern Vazquez as the Ward Representative to the Measure X Citizen Oversight Committee for a Partial Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Ruben Reyes to the Measure X Citizen Oversight Committee as the Ward 2 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes.) MINUTES: City Clerk Jennifer L. Hall announced there were no public comments for Agenda Item No. 7. MOTION: Councilmember Hernandez moved to approve the recommended actin for Consent Calendar Item No. 7, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote. AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER LOPEZ Status: 6-0 —0— 1 — Pass MINUTES: City Clerk Jennifer L. Hall administered the oath of office to Ruben Reyes. PUBLIC COMMENTS--Public comments will be held during the beginning of the meeting for ALL comments on agenda and non-agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: eight (8) Agenda Item No. 10, one (1) Agenda Item No. 15, one (1) Agenda Item No. 30, and(29) non-agenda comments. She announced the public comment time- limit would be two minutes. The following speakers addressed City Council in-person: 1. Nancy Robles spoke regarding Service Employees International Union, SEIU, members'contributions and labor negotiations. CITY COUNCIL 6 SEPTEMBER 16, 9n95 City Council 4 — 30 10/7/2025 2. Oscar Reyes spoke regarding La Academia and the use of soccer fields. 3. David Arvizu spoke regarding La Academia and the use of soccer fields. 4. Ruben Lemus spoke regarding La Academia and the use of soccer fields. 5. Andy Morales spoke regarding La Academia and the opportunities and experiences the academy offers. 6. Alejandro Licea (translation:Spanish) spoke regarding La Academia. 7. Noel Arvizu spoke regarding La Academia and the use of soccer fields. 8. Juan Lopez spoke regarding La Academia and the use of soccer fields. 9. Pedro Magallon spoke regarding the usage of soccer fields and due process. 10.Melissa Aburto spoke regarding gentrification and in opposition to La Academia. 11.Bryan Leos played audio related to MLS Next. 12.Jose Retiz spoke regarding La Academia. 13.Luis Roman spoke regarding La Academia and the usage of soccer fields. 14.Noe Arriola (translation: Spanish) spoke regarding La Academia. 15. Victoria Diego spoke regarding La Academia. 16.Israel R. (translation: Spanish) spoke regarding La Academia and the usage of soccer fields. 17. Tommy Fernandez spoke regarding the usage of soccer fields, due process, public records request, and the Brown Act. 18. Yumiko Hiromoto (translation: Spanish) spoke regarding the Brown Act and expressed concern regarding meetings held by Oscar Reyes, City Manager Alvaro Nunez, and Councilmember Penaloza. 19.Maricela Ortiz spoke regarding La Academia. 20.Julian Flores spoke regarding La Academia 21.Bruce Senator spoke regarding the use of soccer fields, food distribution, and the Delhi Community need for truck. 22.David Pulido spoke regarding equitable access to the City's soccer fields, the officer involved shooting of Noe Rodriguez, and requested justice for Noe Rodriguez. CITY COUNCIL 7 SEPTEMBER 16, 2n25 City Council 4 — 31 10/7/2025 23.Erika Armenta (translation: Spanish) spoke regarding the officer involved shooting of Noe Rodriguez and requested justice for Noe Rodriguez. 24.Abraham Q. requested justice for Noe Rodriguez and spoke regarding the Police Oversight Commission proposed ordinance. 25. Tanya Nava expressed concern regarding the proposed changes to the Police Oversight Commission ordinance. 26.Jocelyn P. spoke about Mexican Independence Day, La Academia, and requested justice for Noe Rodriguez and Henry Gonzalez. 27.Zury spoke regarding the officer involved shootings of Noe Rodriguez and Henry Gonzalez and requested justice. 28.Mathew Compton spoke regarding equitable access to the City's soccer fields, the officer involved shooting of Noe Rodriguez, and requested justice for Noe Rodriguez. 29.Mayra Ruiz spoke regarding Agenda Item No. 15. 30.Shawn Verdin spoke in support of Agenda Item No. 10. 31. Tracy Simons spoke in support of Agenda Item No. 10. 32.Nina Jirik spoke in support of Agenda Item No. 10. 33. Carol Frank spoke in support of Agenda Item No. 10. 34.Karen Perez spoke regarding the usage of soccer fields and requested due process and justice for Noe Rodriguez. 35.David Jirik spoke in support of Agenda Item No. 10. 36.Sandra Cortez spoke regarding labor negotiations. 37.Pat Lenahan spoke in support of Agenda Item No. 10. 38.Jackie Cordova spoke regarding police funding, immigration enforcement in the City, and grant funding. 39.Jesaiah Keenan expressed concern regarding downtown parking increases. The following speaker addressed City Council via teleconference: 40.Jorge Reyes spoke regarding La Academia. CITY COUNCIL 8 SEPTEMBER 16, 2n25 City Council 4 — 32 10/7/2025 MINUTES: City Attorney Sonia Carvalho responded to comments alleging violations of the Brown Act and the California Public Records Act. She reminded the public that the Brown Act applies to elected officials, not City staff, and stated that the City has not violated the Brown Act and there is no evidence a majority of the City Council has met to discuss the soccer field usage or made any decision regarding soccer field usage. She stated the City has received a public record request and staff has responded accordingly, explaining under the California Records Act, records may be withheld if they fall within the exemptions. She announced the officer involved shootings mentioned during the public comments are being investigated by the Orange County District Attorney's Office and California Attorney General's Office, and stated the City has not released a statement announcing its position on these incidents. PUBLIC HEARING AGENDA ITEM NO. 28 MOVED OUT OF ORDER PUBLIC HEARING MINUTES:At 8:05 P.M., Public Hearing Item No. 28 was considered. 28.Public Hearing—Amendment Application (Zone Change) No. 2025-01, Vesting Tentative Tract Map No. 2025-06, Development Agreement No. 2025-01, and Overrule of the Orange County Airport Land Use Commission's Determination of Inconsistency for The Village Santa Ana Specific Plan Entitlements and Development Agreement (1561 W. Sunflower Avenue) Legal notice published in the OC Reporter on September 5, 2025 and notices mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution: (1) certifying the Final Supplemental Environmental Impact Report No. 2025-01 (SCH No. 2020029087) for the Project; (2) adopting Environmental Findings of Fact and a Statement of Overriding Considerations for the Project; (3) adopting a Mitigation Monitoring and Reporting Program for the Project; and (4) approving the Project; RESOLUTION NO. 2025-041 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA: (1) CERTIFYING THE FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT (SCH NO. 2020029087); (2) ADOPTING ENVIRONMENTAL FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE PROJECT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND (3) ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM 2. Adopt a resolution approving Vesting Tentative Tract Map No. 2025-06 (County Map No. 2023-159), as conditioned; CITY COUNCIL 9 SEPTEMBER 16, 2n25 City Council 4 — 33 10/7/2025 RESOLUTION NO. 2025-042 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VESTING TENTATIVE TRACT MAP NO. 2025-06 (COUNTY MAP NO. 2023-159), AS CONDITIONED, FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE 3. Adopt a resolution overruling the Orange County Airport Land Use Commission's determination that The Village Santa Ana Specific Plan is inconsistent with the Airport Environs Land Use Plan of John Wayne Airport, including supportive findings (requires two-thirds vote); RESOLUTION NO. 2025-043 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA OVERRULING THE ORANGE COUNTY AIRPORT LAND USE COMMISSION'S DETERMINATION THAT THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, IS INCONSISTENT WITH THE AIRPORT ENVIRONS LAND USE PLAN FOR JOHN WAYNE AIRPORT, INCLUDING SUPPORTIVE FINDINGS 4. Conduct a first reading and adopt an ordinance approving Amendment Application No. 2025-01 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NS-3086 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-01 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP-6) 5. Conduct a first reading and adopt an uncodified ordinance approving Development Agreement No. 2025-01. ORDINANCE NO. NS-3087 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025-01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP MINUTES: Planning and Building Director Ali Pezeshkpour gave a presentation regarding the Village Santa Ana Specific Plan. Mayor Amezcua opened the Public Hearing at 8:32 P.M. CITY COUNCIL 10 SFPTFMRFR 16, 2025 City Council 4 — 34 10/7/2025 Justin McCusker, Applicant, stated he was available to answer any questions from the public or council regarding the project. City Clerk Jennifer L. Hall stated there were (49) e-comments received and announced speakers would have two minutes to provide their comments. The following individuals addressed City Council in-person: 1. Adrian Esparza spoke in support of the project. 2. Jimmy Elrod spoke regarding the benefits of the project to the community and spoke in support of the project. 3. Carlos Castellanos expressed gratitude to the Segerstrom Foundation and to City staff in the Public Works and Parks and Recreation Departments for their hard work, and spoke in support of the project. 4. Senorino Estrada (translation: Spanish) requested affordable housing for families. 5. Long Nguyen expressed gratitude to the Segerstrom Foundation and spoke in support of the project. 6. Jonah Breslaw expressed concern regarding the Specific Plan related to the hotel usage. 7. Chris Reese spoke in support of the project. 8. Emilse Pineda (translation: Spanish) expressed concern regarding the proposed Specific Plan related to the by-right hotel usage. 9. Jake Sarenana expressed concern regarding the proposed Specific Plan related to the hotel usage. The following individuals addressed City Council via teleconference: 10.Jared Lindo spoke regarding Item No. 10 and spoke in support of the project. 11.Shuntel Andrews spoke in support of the project. 12.Dale Helvig spoke in support of the project. Mayor Amezcua closed the Public Hearing at 8:58 P.M. CITY COUNCIL 11 SEPTEMRER 16, 2n25 City Council 4 — 35 10/7/2025 Mayor Amezcua stated the City has met and exceeded affordable housing requirements and spoke in support of the project. Councilmember Bacerra thanked the applicant for his hard work and expressed support for the project. He requested that 50% of the parking blocks be designated for retail or commercial uses facing Bear Street, traffic signals be installed within 18 months of the project's effective dates, the same configuration implemented along Sunflower Street be mirrored along Bear Street, and inquired regarding Figure 3-13 related to the commercial loading area along Bear Street. Mayor Amezcua re-opened the public hearing at 9:08 P.M. Justin McCusker, Applicant, clarified there is no commercial loading zone along Bear Street. Councilmember Bacerra asked regarding the community benefits fund. City ManagerAlvaro Nunez confirmed the community benefits fund will be paid prior to each demolition phase and appropriated during the City's budget process. Councilmember Hernandez asked for clarification regarding the type of community benefits investments and inclusionary housing funds included, he expressed support for the proposed amendments, emphasized the hotel, if built, be union built, and suggested striking the language from the project related to hotel usage. He spoke in support of the project. City Manager Nunez explained community benefit investments include libraries, parks, street improvements, and possible housing in certain parts of the City with inclusionary housing funds allowing for housing developments within the City. Mayor Pro Tem Vazquez spoke in support of the project, expressed gratitude for the applicant's hard work and efforts, and stated any hotel proposals should be brought before the Council for public input. Councilmember Phan asked for clarification on the inclusion of hotel use in the project plan, potential conversion versus new construction, labor group involvement if a hotel were built, community concerns about density use, and the $5 per square foot in-lieu fee rate. CITY COUNCIL 12 SEPTEMRER 16, 2n25 City Council 4 — 36 10/7/2025 Planning and Building Director Pezeshkpour explained the proposal for hotel use was included as a permissible option to provide flexibility should market conditions create a demand for a hotel in the area, and any such proposal would require approval and be subject to development standards and design review. He clarified the $5 per square foot rate was established in the development agreement. Justin McCusker, Applicant, stated there is no proposed plan for a hotel at the project site at this time and they would continue to work with the same working group if hotels were to be built, and assured the community the project prioritizes quality over maximizing density. Councilmember Lopez thanked City staff, the Applicant, the Segerstrom family, and labor workers for project efforts. She requested moving away from the Ad Hoc Committee formation and to have all members deliberate publicly for projects. Mayor Amezcua went over the March 2025 housing fact sheet and explained the City's efforts in working towards more affordable housing. Councilmember Penaloza requested clarification on the use of the language regarding hotel use being included as a permissible use if there was no initial intent to build a hotel. He suggested striking the hotel language, echoed Councilmember Lopez's comments regarding the Ad Hoc Committee, and thanked the applicant and the Segerstrom family for the proposed project. Justin McCusker, Applicant, clarified the language for hotels was placed in case of the potential opportunity with future market changes, stated there is no potential or discussion at this current time, and depending on market demand for a hotel, it would be brought to the Council to address, and explained the conceptual illustrations within the presentation. Councilmember Bacerra expressed concern regarding the pedestrian scale along Bear Street, asked whether the cross-section along Bear Street bike path would reflect Sunflower Street, and requested traffic signals be built within 24 months. Director of Architecture and Planning for CJ Segerstrom Bryce Osborne explained that the reasoning for not placing the residential component along Bear Street was to create a community atmosphere within the Village. Acting Public Works Director Rudy Rosas confirmed a bike path could be incorporated into the project, depending on the applicant's intent to add it. CITY COUNCIL 13 SEPTEMRER 16, 2n25 City Council 4 — 37 10/7/2025 Justin McCusker, Applicant, expressed openness to adding a bike path, and confirmed traffic signals would be constructed within 24 months during Phase One of the project. Councilmember Lopez thank the Applicant for their hard work and honesty. Mayor Amezcua closed the Public Hearing at 9:58 PM MOTION: Councilmember Becerra moved to approve the recommended action for Item No. 28, with amendments to Table 4.1 — hotel uses requiring a CUP, Figure 3-8b related to sidewalk landscaping, and bike path on Bear Street, Figure 3-16 related to the bike path on Bear Street, Figure 3-13 — relating to loading zones, and traffic signals on Bear Street to be installed within 24 months of the effective date of the ordinance, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote. AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0— Pass **END OF PUBLIC HEARING** RECESS Mayor Amezcua recessed the City Council meeting at 10:05 P.M. RECONVENE Mayor Amezcua reconvened the City Council meeting at 10:18 P.M. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 4 through 26 and waive reading of all resolutions and ordinances. MINUTES:At 10:19 P.M., the Consent Calendar was considered. CITY COUNCIL 14 SEPTEMRFR 16, 2n25 City Council 4 — 38 10/7/2025 Mayor Pro Tem Vazquez pulled Agenda Item Nos. 8 and 9 for separate discussion and consideration. Councilmember Lopez recused herself from Item No.12, as she is currently employed by the office of Orange County Supervisor Vincente Sarmiento. Councilmember Penaloza recused himself from Item No. 15 due to campaign contributions from MetroPro Road Services, Inc. Councilmember Bacerra pulled Item No. 9 for separate discussion and consideration. Mayor Amezcua pulled Item No. 15 for separate discussion and consideration. MOTION: Mayor Amezcua moved to approve Consent Calendar Item Nos. 4 through 26, with the exception of Item Nos. 7 (already approved) 8, 9, and 15, seconded by Councilmember Bacerra. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER HERNANDEZ Status: 6- 0 - 0 — 1 — Pass 4. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 5. Minutes from the Regular Meeting of August 19, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. 6. Minutes from the Regular Meetings of the Parks, Recreation, and Community Services Commission on January 23, 2025, February 27, 2025, March 27, 2025, April 24, 2025 and May 22, 2025; the Special Meeting of the Youth Commission on February 6, 2025; the Special Meeting of the Community Development Commission on March 5, 2025; the Joint Special Meeting of the Parks, Recreation, and Community Services and Youth Commission on March 8, 2025; the Regular Meetings of the Youth Commission on March 17, 2025, April 21, 2025, and May 19, 2025; the Regular Meeting of the Rental Housing Board on April 16, 2025; the Regular Meetings of the Arts and Culture Commission CITY COUNCIL 15 SEPTEMRFR 16, 2n25 City Council 4 — 39 10/7/2025 on April 17, 2025, June 19, 2025 and July 17, 2025; the Special Meeting of the Workforce Development Board Youth Council on April 30, 2025; the Regular Meetings of the Community Development Commission on May 28, 2025 and June 23, 2025; the Regular Meeting of the Environmental and Transportation Advisory Commission on July 8, 2025; and the Regular Meetings of the Police Oversight Commission on May 8, 2025 and July 10, 2025 Department(s): City Clerk's Office Recommended Action: Receive and file. 7. AGENDA ITEM NO. 7 MOVED OUT OF ORDER AND HEARD PRIOR TO PUBLIC COMMENTS (SEE PAGE 6) AGENDA ITEM NO. 8 PULLED FOR SEPARATION DISCUSSION AND CONSIDERATION 8. Informational Report for the California Department of Social Services Child Care Grant Department(s): City Manager's Office Recommended Action: Receive and file informational report for the California Department of Social Services (CDSS) child care grant. MINUTES: Assistant City Manager Kathryn Downs gave a presentation regarding the CDSS Information Report. Mayor Pro Tem Vazquez asked why the City was not moving forward with the grant and spoke in opposition to releasing the grant. Assistant City Manager Downs clarified factors contributing to the return of the grant included compliance requirements and timing. She explained $915,000 would not be sufficient for needed capital facilities and equipment, such as restrooms for adults and children. Mayor Amezcua thanked Assistant City Manager Downs for the presentation, asked how much it cost the City to install new restrooms at El Salvador Park, and expressed gratitude for giving up the grant, noting if the City had retained it, the budget would not have allowed for the improvements. She spoke in favor of releasing the grant. City Manager Alvaro Nunez confirmed it cost almost half a million dollars to build new restrooms for El Salvador Park. Councilmember Phan requested all future items regarding the release of grants be brought before the Council, recommended having a centralized grant administrator for the City, and spoke in favor of releasing the grant. CITY COUNCIL 16 SEPTEMBER 16, 2025 City Council 4 — 40 10/7/2025 Councilmember Hernandez echoed Mayor Pro Tem Vazquez's and Councilmember Phan's sentiments. Councilmember Lopez asked for clarification regarding City staffs efforts, research, and preparation regarding the use and implementation of the grant during 2021- 2025. She requested clarification on the public records request process and whether staff continues to seek grants for the community. She highlighted how a grant like this could be beneficial for the community, echoed Mayor Pro Tem Vazquez's sentiments, and requested the Council be communicated with regarding decisions to release grants. Assistant City Manager Downs clarified the original grant application was not submitted to CDSS until fiscal year 2022-23, despite prior discussions, staff preparations included plans to bring on experts and trusted personnel familiar with CDSS terms and agreements to help navigate program implementation and create job classifications; however, it was realized the City did not have the necessary expertise on board to start the program. She explained the City was not fully equipped to manage the grant. City Manager Nunez clarified needing the level of expertise when initially accepting a grant and understanding implications needed for the grant beforehand. He confirmed staff will continue to search for grants in the interests of the community. City Clerk Jennifer L. Hall clarified the public records request process. Mayor Pro Tem Vazquez thanked staff for their work for the grant and continuing to search for grants for the City. Mayor Amezcua explained the City's fiscal responsibility, noting releasing grants may be necessary when additional factors were not considered at the time of acceptance and the City cannot afford them due to ongoing budget constraints. She expressed interest in exploring programs to support youth within the community, asked about the grant process, and thanked the City Manager for their work. Assistant City Manager Downs went over the process of grants including bringing forth to the City Council and Finance Department for a fiscal review. City Attorney Sonia Carvalho provided a time reminder for the meeting, including the remaining agenda items and the pulled consent calendar items. CITY COUNCIL 17 SEPTEMRER 16, 2n25 City Council 4 — 41 10/7/2025 MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 8, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0— Pass MINUTES: Mayor Amezcua asked whether there was a deadline for Item No. 27. Community Development Director Mike Garcia clarified the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25 must be submitted 90 days following the close of the previous fiscal year on September 30. MOTION: Councilmember Hernandez moved to continue Item Nos. 9, 15, and 29 to the October 7, 2025 City Council Meeting, to hold a standalone meeting for Item No. 30 related to the Police Oversight Commission ordinance, and to hear Public Hearing Item No. 27, seconded by Mayor Amezcua. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: COUNCILMEMBER LOPEZ ABSTAIN: NONE ABSENT: NONE Status: 6— 1 — Pass AGENDA ITEM NO. 9 CONTINUED TO THE OCTOBER 7, 2025 CITY COUNCIL MEETING 9. Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) Department(s): Planning and Building Agency, Parks, Recreation, and Community Services Recommended Action: Affirm the Planning Commission's adoption of a resolution approving Public Facilities No. 2025-01 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as "Nuestro Park." CITY COUNCIL 18 SFPTFMRFR 16, 9n95 City Council 4 — 42 10/7/2025 10.Washington Square Park Feasibility Study Department(s): Public Works Agency Recommended Action: Receive and file the Washington Square Park Feasibility Study. 11.Agreement with Coast Community College District for the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success (Non-General Fund) Department(s): Community Development Agency Recommended Action: 1. Approve an agreement with Coast Community College District to implement the Strong Workforce Program (SWP) Transforming Intermediary Partnerships for Student Success Project, in an amount not to exceed $50,000, for a ten-month period beginning September 16, 2025 and expiring June 30, 2026 (Agreement No. A-2025-147). 2. Approve an appropriation adjustment to recognize $50,000 in funds from Orange County Grant Revenue State Grants-Indirect account (no. 12418002- 52027) and appropriating the same amount to OCCC Grant expenditure account (No. 12418753-Various) (Requires five affirmative votes). 12.Historic Property Preservation Agreements for the Properties Located at 305 E. Washington Avenue and 1617 E. Fourth Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager or designee to execute the attached Mills Act agreements with the below-referenced property owners for the identified structure(s) (Agreement No. A-2025-148 and A-2025-149). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as Categorical Exemption(s)/Environmental Review No. 2025-29 and 2025-50 will be filed for the project.] CITY COUNCIL 19 SFPTFMRFR 16, 2n25 City Council 4 — 43 10/7/2025 Table 1: Mills Act Agreements Approved by the Historic Resources Commission HRC Historic Property Property Owner(s) Preservation Address/House Vote by HRC Agreement No. Daniel Phan Nguyen, Trustee 5:0:0:2 The 3 E. 2025-02 305 E. Washington (Commissioners to Washington Ave Avenue Rincon and Grantor Trust Padilla absent) Vincent F. 4:0:1:2 Sarmiento and (Commissioners Eva Casas- Rincon and Sarmiento, 2025-05 1617 E. Fourth Street Padilla absent and Husband and Commissioner Wife as Joint Escamilla Tenants abstaining) MOTION: Mayor Amezcua moved to approve the recommended action for Item No. 12 as part of the Consent Calendar, seconded by Councilmember Bacerra. The motion carried, 5-0-1-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: COUNCILMEMBER LOPEZ (recusal) ABSENT: COUNCILMEMBER HERNANDEZ Status: 5- 0 - 1 — 1 — Pass 13.First Amendment to Agreement with California Forensic Medical Group, Inc. and Wellpath (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute the first amendment to the agreement with California Forensic Medical Group, Inc. and Wellpath to continue to provide health care services to inmates and detainees housed at the Santa Ana Jail and exercise the first one-year renewal option to extend the term through September 30, 2026 in an annual amount of $3,523,310 and an additional $250,000 for emergency services as necessary and at the City's sole discretion, for a total aggregate amount not to exceed $13,843,556 (Agreement No. A-2025-150). CITY COUNCIL 20 SFPTFMRFR 16, 2025 City Council 4 — 44 10/7/2025 14.Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25-038) (General Fund) Department(s): Police Department Recommended Action: Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a three-year term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a "pass-through" account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A-2025-151). AGENDA ITEM NO. 15 CONTINUED TO THE OCTOBER 7, 2025 CITY COUNCIL MEETING 15.Third Amendments for Rotational Towing and Storage Services for the Police Department Department(s): Police Department Recommended Action: Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A-2025-XXX): • Standard Enterprises, Inc., dba To' N' Mo'; • B&D Towing, Inc.; and • MetroPro Road Services, Inc. 16.Agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project (No. 25-6705) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Authorize the City Manager to execute an agreement with Arcadis U.S., Inc. to Design and Build the Kraemer Boulevard, Glassell Street, Grand Avenue Corridor Regional Traffic Signal Synchronization Project for an amount not to exceed $5,680,658, for a term beginning September 16, 2025 and ending September 15, 2028, with provisions for two one-year extensions (Agreement No. A-2025-152). 2. Approve the Project Cost Analysis for a total estimated delivery cost of $5,710,658, which includes $5,680,658 for the design and build contract and $30,000 for in-kind staff support. CITY COUNCIL 21 SEPTEMRFR 16, 2025 City Council 4 — 45 10/7/2025 17.Agreement with ProCore Technologies, Inc. for Construction Project Management Software (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with ProCore Technologies, Inc., for the licensing of ProCore Technologies Project Management Pro software in an amount not to exceed $444,607, for a term beginning September 17, 2025 and expiring September 16, 2028 (Agreement No. A-2025-153). 18.Agreement with the Municipal Water District of Orange County for Shared Programs and Services (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the Master Agreement for Shared Programs and Services with the Municipal Water District of Orange County, for a three-year period with provisions for two one-year extensions beginning upon approval by the Municipal Water District of Orange County and expiring September 15, 2030, in an aggregate amount not to exceed of$1,500,000 (Agreement No. A-2025-154). 19.Agreement with EEC Environmental for Waste Discharge Requirement Compliance Services (Specification No. 25-036) (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with EEC Environmental to provide Waste Discharge Requirement compliance services, in an amount not to exceed $1,800,000, for a term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, one-year extensions (Agreement No. A-2025-155). 20.Agreement with Pacific International Electric Company Inc., dba Pacific Industrial Electric, for Electrical Upgrade at the Corporate Yard (Specification No. 25-075) (General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Pacific Industrial Electric to provide electrical improvements at the Corporate Yard in an amount not to exceed $796,707, for a term beginning September 16, 2025 and expiring September 15, 2026, with the option for a single one-year extension (Agreement No. A-2025-156) CITY COUNCIL 22 SEPTEMRER 16, 2025 City Council 4 — 46 10/7/2025 21.Award a Construction Contract to Optima RPM, Inc. for the Santa Ana Zoo Education Hub Building A— Phase 1 Project(No. 23-2601) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $166,000 in donations from Friends of Santa Ana Zoo into the PRCSA Fees & Donations (02213002- 57081) revenue account and appropriate the same amount into the PRCSA Fees& Donations (02213200-66200) building expenditure account for the Santa Ana Zoo Education Hub Building A— Phase 1. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $750,000 in revenue collected in prior years into the Acquisition & Development-District 3 (31313002- 50001) revenue account and appropriate the same amount into the Acquisition & Development-District 3 (31313260-66200) building expenditure account for the Santa Ana Zoo Education Hub Building A — Phase 1. (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2025-2026 Capital Improvement Program to include an additional $916,000 in construction funds for the Santa Ana Zoo Education Hub Building A— Phase 1 Project (No. 23-2601). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $4,454,082, which includes $3,563,265 for the construction contract, $534,490 for contract administration, inspection, and testing, and $356,327 for unanticipated or unforeseen work. 5. Award a construction contract to Optima RPM, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $3,563,265, subject to change orders, for construction of the Santa Ana Zoo Education Hub Building A — Phase 1 Project (No. 23-2601), for a term beginning September 16, 2025 and ending upon project completion, and authorize the City Manager to execute the contract. 6. Approve an Agreement with Berg & Associates, Inc., for Construction Management and Inspection services for the Santa Ana Zoo Education Hub Building A— Phase 1 Project, in an amount not to exceed $374,315 for a three- year term beginning September 16, 2025 and expiring September 15, 2028, with an option for two, one-year extensions (Agreement No. A-2025-157). 7. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2025-62 will be filed for Project No. 23-2601. CITY COUNCIL 23 SEPTEMRFR 16, 2n25 City Council 4 — 47 10/7/2025 22.Aggregate Agreement with Industrial Control Systems Online, LLC, DBA ICS Online; KDC Inc., DBA KDC Systems; and Partners in Control, Inc. DBA Enterprise Automation for Programmable Logic Controller Programming and Consulting Services (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with ICS Online, KDC Systems, and Enterprise Automation to provide Programmable Logic Control programming and consulting services for a total aggregate amount not to exceed $2,500,000, for a three-year term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, one-year extensions (Core Agreement No. A-2025-158). 23.Agreement with iWater, Inc. for Water System Mapping and Software Services (Non-General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with iWater, Inc. to provide water system mapping and software services, for an amount not to exceed $1,750,000, for a three-year term beginning September 16, 2025 and expiring September 15, 2028, with provisions for two, one-year extensions (Agreement No. A-2025-159). 24.Appropriation Adjustments to Recognize Orange County Transportation Authority Environmental Cleanup Program Grant for the Santa Ana Zoo and 10th and Flower Park Stormwater Capture Projects (Project Nos. 24-6604 and 26-6601) and Adopt a Resolution to Enter Into a Cooperative Implementation Agreement with Caltrans for the Santa Ana Zoo Stormwater Capture Project (Project No. 24-6604) (Non-General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment to recognize $2,500,000 in Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project in the Measure M2 Competitive-Street Construction Revenue Account (No. 03217002-52332) and appropriate the same amount into the Measure M2 Competitive-Street Construction expenditure account (No. 03217663-66220). (Requires five affirmative votes) 2. Approve an appropriation adjustment to recognize $600,000 in Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Park Stormwater Capture Project in the Measure M2 Competitive-Street Construction Revenue Account (No. 03217002-52332) and CITY COUNCIL 24 SFPTFMRFR 16, 2025 City Council 4 — 48 10/7/2025 appropriate the same amount into the Measure M2 Competitive-Street Construction expenditure account (No. 03217663-66220). (Requires five affirmative votes) 3. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to add $600,000 of Orange County Transportation Authority Tier 1 Environmental Cleanup Program funds for the 10th and Flower Stormwater Capture Project(No. 26-6601)and $2,500,000 of Orange County Transportation Authority Tier 2 Environmental Cleanup Program funds for the Santa Ana Zoo Stormwater Capture and Diversion Project (No. 24-6604). 4. Adopt a resolution authorizing the City to enter into a Cooperative Implementation Agreement with Caltrans to receive grant funds to construct the Santa Ana Zoo Stormwater Capture and Diversion Project. RESOLUTION NO. 2025-040 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY TO ENTER INTO A COOPERATIVE IMPLEMENTATION AGREEMENT WITH CALTRANS TO RECEIVE STORMWATER REIMBURSEMENT FUNDS TO CONSTRUCT THE SANTA ANA ZOO STORMWATER CAPTURE AND DIVERSION PROJECT 25.Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to Amend Portions of Chapter 41 (Zoning) and Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code Relating to Group Homes and Land Use Definitions Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading of and adopt an ordinance approving Zoning Ordinance Amendment No. 2025-01 and Ordinance Amendment No. 2025-01 to amend several sections of Chapter 41 (Zoning) and to add Article XXIII to Chapter 8 (Buildings and Structures) of the Santa Ana Municipal Code relating to the location, licensing, permitting, and operational requirements for group homes and land use definitions. ORDINANCE NO. NS-3084 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) AND CHAPTER 8 (BUILDINGS AND STRUCTURES) OF THE SANTA ANA MUNICIPAL CODE RELATING TO GROUP HOMES AND LAND USE DEFINITIONS, REGULATING SUCH USES FOR THE BENEFIT OF THE DISABLED AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES SECTION 15061(B)(3), 15061(C)(2), 15060(C)(3), AND/OR 15301 CITY COUNCIL 25 SFPTFMRFR 16, 2025 City Council 4 — 49 10/7/2025 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), 15061(b)(3), and 15301 of the CEQA Guidelines. 26.Zoning Ordinance Amendment No. 2025-02 to Amend Portions of Chapter 41 (Zoning) of the Santa Ana Municipal Code Relating to A-Frame Signs Legal notice published in the OC Reporter on August 20, 2025. Department(s): Planning and Building Agency Recommended Action: 1. Conduct a second reading and adopt an ordinance approving Zoning Ordinance Amendment No. 2025-02 to amend several sections of Chapter 41 (Zoning) of the Santa Ana Municipal Code (SAMC) relating to A-frame signs; and ORDINANCE NO. NS-3085 entitled ZONING ORDINANCE AMENDMENT NO. 2025-02 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING PORTIONS OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE RELATING TO A-FRAME SIGNS AND FINDING THE ACTION TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER STATE CEQA GUIDELINES 15060(c)(2), 15060(c)(3) AND 15061(b)(3) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the CEQA Guidelines. **END OF CONSENT CALENDAR** PUBLIC HEARING MINUTES:At 11:10 P.M., the Public Hearing was considered. 27.Public Hearing—Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25 Legal notice published in the OC Register and La Opinion on August 18, 2025 and in Nguoi Viet on August 19, 2025. Department(s): Community Development Agency Recommended Action: Authorize submission of the Consolidated Annual Performance and Evaluation Report for Fiscal Year 2024-25 to the U.S. Department of Housing and Urban Development (HUD) MINUTES: Mayor Amezcua opened the Public Hearing at 11:10 P.M. CITY COUNCIL 26 SFPTFMBFR 16, 2025 City Council 4 — 50 10/7/2025 City Clerk Jennifer L. Hall announced there were no email comments received and there were no speakers. Mayor Amezcua closed the Public Hearing at 11:11 P.M. MOTION: Councilmember Hernandez moved to the recommended action for Public Hearing Item No. 27, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER PHAN, MAYOR PRO TEM VAZQUEZ, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0— Pass **END OF PUBLIC HEARING** COUNCILMEMBER REQUESTED ITEMS AGENDA ITEM NO. 29 CONTINUED TO THE OCTOBER 7, 2025 CITY COUNCIL MEETING 29.Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department Policy Requiring the Installation and Use of In-Car Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code-3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan — Councilmember Lopez WORK STUDY SESSION AGENDA ITEM NO. 30 MOVED TO SPECIAL MEETING 30.Police Oversight Commission Ordinance Work Study Session Department(s): City Manager's Office Recommended Action: Receive presentation on Police Oversight Commission Ordinance, discuss options for an updated ordinance, and provide direction to staff. CITY COUNCIL 27 SEPTEMRFR 16, 2025 City Council 4 — 51 10/7/2025 CITY MANAGER COMMENTS MINUTES: None. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. MINUTES: None. ADJOURNMENT—Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of Vicki Tafoya, Lydia Salvetta, and Adrian Torres at 11:12 P.M. Respectfully submitted: Jennifer L. Hall, CMC City Clerk CITY COUNCIL 28 SEPTEMRFR 16, 2n25 City Council 4 — 52 10/7/2025 Planning & Building Agency 71 www.santa-ana.org/pb Item # 6 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Public Facilities Naming No. 2025-02 - Naming of the Santa Ana Police Athletic & Activity League (PAAL) Center at 2627 W. McFadden Avenue Pursuant to SAMC Section 33-8 AGENDA TITLE Public Facilities Naming No. 2025-02 - Naming of the Santa Ana Police Athletic&Activity League (PAAL) Center at 2627 W. McFadden Avenue Pursuant to SAMC Section 33-8 RECOMMENDED ACTION Affirm the Planning Commission's adoption of a resolution approving Public Facilities No. 2025-02 naming the Santa Ana Police Athletic & Activity League (PAAL) Center at 2627 West McFadden Avenue as the Jose Vargas PAAL Center. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At its regular meeting on August 19, 2025, the City Council directed the City Manager to initiate the process of naming the Santa Ana PAAL Center, located at 2627 West McFadden Avenue, as the "Jose Vargas PAAL Center". On September 8, 2025, the Planning Commission considered and adopted a Resolution approving Public Facilities Naming (PFN) No. 2025-02, naming the Santa Ana PAAL Center, located at 2627 West McFadden Avenue, as the "Jose Vargas PAAL Center" by a vote of 5-0, with two members absent. Pursuant to Section 33-6 of the Santa Ana Municipal Code (SAMC), all requests for the naming or renaming of public facilities shall be referred to the Planning Commission for determination, considering certain policy guidelines. Section 33-6(c) sets out the guidelines as follows: "(c) Names which achieve any of the following purposes should be promoted: (1) A name which serves to identify the location of the subject by reference to distinct geographic, environmental or development features in the immediate area. (2) A name which references the history of the subject site or its immediate area. City Council 6 - 1 10/7/2025 PFN No. 2025-02 for Jose Vargas PAAL Center (2627 W. McFadden Avenue) October 7, 2025 Page 2 (3) A name which identifies a person or family which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility. (4) A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the city, including past mayors, council members, board or commission members, officers or employees of the city, but not anyone who currently holds any such position." Further, Section 33-8 provides that the City Council may affirm the Planning Commission's decision, remand the matter back to the Planning Commission for further consideration, or make its own decision on the matter. With respect to the naming approved by the Planning Commission, Jose Vargas (1936- 2013) was a trailblazing law enforcement officer and community leader whose career spanned over three decades in Orange County. Born in San Martin Hidalgo, Mexico, Vargas immigrated to the United States at age 15, working as a garbage collector while learning English and eventually becoming a United States citizen in 1969. He began his law enforcement career with the Stanton Police Department and, in 1975, joined the Santa Ana Police Department, becoming the department's first Hispanic Affairs Officer. In this role, Vargas was the cornerstone of Santa Ana's early community policing program, forging deep trust between the department and the city's growing Latino population. He was recognized nationally by the International Association of Chiefs of Police as one of the country's outstanding officers. Vargas' impact extended beyond his police work. Following his retirement in 1997, he hosted the Spanish-language cable show "Que Pasa Con Jose Vargas", which provided vital information to immigrant families on civil rights, public safety, domestic violence prevention, and job opportunities. Throughout his life, Vargas championed respect, understanding, and opportunity for all residents, often taking in individuals in need and mentoring countless youth. His dedication to bridging cultures and promoting public trust made him one of the most respected figures in Santa Ana's history. Naming of the PAAL Center as the Jose Vargas PAAL Center would recognize a person who made a distinct, significant contribution to the well-being of the City, in accordance with the guidelines contained at Section 33-6(c)(4). ENVIRONMENTAL IMPACT This action is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because the naming of a public facility will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and is not a "project," as defined in section 15378 of the State CEQA Gui ion City Council 6 - 2 10/7/202 PFN No. 2025-02 for Jose Vargas PAAL Center (2627 W. McFadden Avenue) October 7, 2025 Page 3 set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT 1. Resolution adopting PFN No. 2025-02 Submitted By: Ali Pezeshkpour, AICP, Executive Director, Planning and Building Agency Approved By: Alvaro Nunez, City Manager City Council 6 - 3 10/7/2025 RESOLUTION NO. 2025-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING PUBLIC FACILITIES NAMING NO. 2025-02 NAMING THE SANTA ANA POLICE ATHLETIC & ACTIVITY LEAGUE (PAAL) CENTER LOCATED ON 2627 WEST MCFADDEN AVENUE AS THE JOSE VARGAS PAAL CENTER BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana is requesting approval of City-initiated Public Facilities Naming (PFN) No. 2025-02 of the Santa Ana Police Athletic & Activity League (PAAL) Center, located at 2627 W. McFadden Avenue, to the Jose Vargas PAAL Center, based on the direction provided to the City Manager by the City Council at the August 19, 2025 City Council meeting; B. Pursuant to Sections 33-5 through 33-8 of the Santa Ana Municipal Code (SAMC), all requests for naming or renaming of public streets, public buildings, parks or recreational facilities owned or controlled by the City, shall be referred to the Planning Commission for determination, subject to confirmation by the City Council; C. Further, Section 33-6(c), pertaining to the naming of such facilities, delineates policy guidelines that shall be used in the determination; D. The Planning Commission held a duly noticed public hearing on September 8, 2025 to consider PFN No. 2025-02; E. Based on SAMC section 33-6(c)(4), directing the promotion of names that recognize a person or family who made a distinct, significant contribution to the well- being of the City of Santa Ana, the Planning Commission determines that the PAAL Center located at 2627 W. McFadden shall be renamed as the Jose Vargas PAAL Center. Section 2. The Planning Commission finds and determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because the naming of a public facility will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the environment and is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where Resolution No. 2025-26 0 3 City Council 6 - 4 10/7/ f "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Section 3. The Planning Commission of the City of Santa Ana hereby approves Public Facility Naming No. 2025-02 to name the Santa Ana Police Athletic & Activity League (PAAL) Center, located at 2627 W. McFadden Avenue, to the Jose Vargas PAAL Center. This decision is based upon the evidence submitted at the above-referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated September 8, 2025 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8t" day of September 2025. AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Jennifer Oliva, Isuri S. Ramos (5) NOES: Commissioners: ABSENT: Commissioners: Bao Pham, Alan Woo (2) ABSTENTIONS: Commissioners: Isuri S. Ramos Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney f-&A By: Melissa M. Crosthwaite Senior Assistant City Attorney Resolution No. 2025-26 of 3 City Council 6 - 5 10/7/ CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Gema Zapien, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-26 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 8, 2025. Date: Gema Zapien Recording Secretary City of Santa Ana Resolution No. 2025-26 of 3 City Council 6 - 6 10/7/ Finance and Management Services www.santa-ana.org/finance Item # 7 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Carryover of Unspent Amounts from FY2024-25 to FY2025-26 AGENDA TITLE Appropriation Adjustments to Carryover Unspent Amounts from Fiscal Year 2024-25 to Fiscal Year 2025-26 RECOMMENDED ACTION 1. Approve an Appropriation Adjustment to reduce the FY2024-25 budget for unspent amounts carried forward to FY2025-26. (Requires five affirmative votes) 2. Approve an Appropriation Adjustment to increase the FY2025-26 budget for amounts carried forward from FY2024-25. (Requires five affirmative votes) GOVERNMENT CODE &84308 APPLIES: No DISCUSSION Cities often budget for one-time expenditures, such as capital improvement projects or major equipment purchases, that may not be completed by the end of the fiscal year on June 30. In these cases, the City Council may approve the "carryover" of unspent budget appropriations into the new fiscal year so funding remains available until the project is finished. Carryovers are generally limited to one-time items. Routine operating expenses such as salaries, utilities, and supplies are budgeted each year and are not carried forward. If funding was approved for a specific project or program and work has not started by year- end, staff may request to carry that funding into the next fiscal year. The City Charter requires Council approval for any budget adjustments. Carrying forward prior year appropriations into the current year qualifies as such an adjustment and must be formally approved by the City Council. For FY2025-26 (FY25-26), the total recommended carryover is $398.59 million, including $68.25 million from the General Fund and the remainder from restricted funds. Budget staff has reviewed each request to confirm that sufficient unspent budget authority is available to support the proposed carryovers. City Council 7 - 1 10/7/2025 Carryover of Unspent Amounts from FY2024-25 to FY2025-26 October 7, 2025 Page 2 The following is a summary of all proposed carryovers from FY24-25 to FY25-26 Carryover Type General Fund ARPA Restricted Total CIP $ 47,129,662 $ 21 ,870,856 $ 268,254,350 $ 337,254,868 Equipment $ 4,275,507 $ 2,586,940 $ 3,184,683 $ 10,047,130 All Other $ 16,847,405 $ 1 ,524,916 $ 32,919,207 $ 51,291,528 Total $ 68,252,574 $ 25,982,712 $ 304,358,240 $ 398,593,527 The largest carryover projects continue to be Capital Improvement Program (CIP) projects, which account for nearly 85% of all carryover funds. The most notable CIP projects include the following: • Safe Routes to School (SRTS) Projects- $40.8 million • Bristol Street Widening- $38.3 million • Memorial Park & Aquatics Facility— $27.1 million • Main Library Renovation— $23.9 million • Warner Avenue Improvements- $20.4 million • Centennial Park Improvements— $7.8 million Together, CIP and grant projects represent the bulk of the City's carryover activity, primarily due to their multi-year nature and reliance on external funding sources or construction timelines. Staff has compiled a list of all carryover requests (Exhibit 1). These include items such as multi-year/capital grant projects, delayed purchases due to product availability issues, and various one-time projects approved for FY24-25 that were not completed by fiscal year-end on June 30, 2025. See Exhibit 1 for detailed information regarding each of the requested carryover projects. This file lists the accounting unit, description, amount, project status, and estimated completion date, if known. Because the City's legal level of budgetary compliance is at the fund and department level, the attached carryover lists include several negative amounts. These negative carryover amounts are paired with positive carryover amounts within the same fund and department. The offsetting negative and positive amounts are used to realign the budget among various accounting units within a single department and fund to reflect the remaining available resources, such as grants. Each amount on the list reflects the budget available one month after the close of FY24-25. Staff continued processing FY24-25 invoices through the end of August and are scheduled to complete reconciliations in October/November. The FY 24-25 ledger will not be finalized until the financial statements are audited in November/December. The actual carryover amounts will be limited to the available budget once FY24-25 is officially closed. Carryovers are summarized by fund in Exhibit 2. City Council 7 - 2 10/7/2025 Carryover of Unspent Amounts from FY2024-25 to FY2025-26 October 7, 2025 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT No fiscal impact is associated with the recommended actions to carryover unspent appropriations. Spending for previously authorized expenditures will occur throughout the fiscal year, which only affects the timing of cash flow. EXHIBIT(S) 1. List of Requests to Carryover Unspent Appropriations 2. 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O O Ln o0 r, N LD .-I .-I 00 4 N Ln O N O O Lf7 m .--I O N CO �4 Ol rll m N LO v1 LL Ln m 0 0 Il O I, LO Ln LD LO LD r, M 7/ o0 Ln V I- V m 00 m LD m N I, �--I 01 a ;; v O v LQ m LQ m ti a ti m v Lf o o u N m v m m ti o Ln CO rn V M O N E W n H N U N ,^ 00 W O ECL o o C CC > O bn A 0 G > U U U C ' -6 U LA N H a. v .O C ice+ O ` f6 a E a c 'c E a on O F Y f0 v W f6 i N pa C m Q E o2S E E 6 ? ? E @ OJ E O C C y 0 0t6 � C U LL i.i = � Z d a O O C O .a U N N p H '0 L O LL m f0 Q V T 7/ ! L .O M a R a Q C v M N D m U N N C: O L4 T N O LL U U O �+ N + �_ u o o D U to C N Q Gl fC w m Gl M j= L 3 w N � a+ N p } �n J LL Q EXHIBIT 2 List of Requests to Carryover Unspent Appropriations by Fund FY24-25 Balances to FY25-26 As of July 31,2025 FY24-25 Fund Fund Name Budget Expenditures Available Balance as Carry Forward of July 31,2025 Up To Amount 011 General Fund-City Manager 4,439,970 3,450,837 989,133 491,810 011 General Fund-Council Support 1,043,970 959,677 84,293 1,650 011 General Fund-General Non-Departmental 52,843,830 38,626,492 14,217,338 14,102,000 011 General Fund-City Attorney 4,796,795 3,756,711 1,040,084 485,000 011 General Fund-Human Resources Services 4,498,370 3,427,609 1,070,761 191,000 011 General Fund-Finance 13,660,160 12,314,510 1,345,650 305,000 011 General Fund-Library Services 14,069,391 8,383,973 5,685,418 5,658,371 011 General Fund-Recreation&Community Services 28,896,446 16,641,123 12,255,323 12,251,845 011 General Fund-Police Department 162,944,584 155,347,830 7,596,754 2,965,368 011 General Fund-Fire Department 60,483,949 58,484,584 1,999,365 1,983,554 011 General Fund-Planning&Building 21,394,784 18,417,554 2,977,230 1,976,323 011 General Fund-PWA 81,296,914 51,513,896 29,783,018 26,468,043 011 General Fund-Community Development 6,966,123 4,682,303 2,283,820 1,372,610 012 Cannabis Set-Aside-Library 4,581,636 899,288 3,682,348 3,632,705 012 Cannabis Set-Aside-Parks,Rec,&Comm Sery 16,490,765 4,871,862 11,618,903 11,618,481 012 Cannabis Set-Aside-Police 3,297,905 3,199,269 98,636 98,636 021 PRCSA CATV FUND 2,039,617 482,731 1,556,886 1,310,777 022 PRCSA FEES&DONATION 261,167 23,005 238,162 235,356 029 SPECIAL GAS TAX 39,395,398 9,298,751 30,096,647 515,693 031 AIR QUALITY IMPR.(AB 2766) 975,506 673,302 302,204 180,604 032 MEASURE M-STREET CONSTRUCTION 63,987,843 8,350,094 55,637,749 55,637,749 034 NEW TRANSPO SYS IMPR AREA E 1,797,696 91,991 1,705,705 1,705,705 035 NEW TRANSPO SYS IMPR AREA F 2,289,392 107,125 2,182,267 2,182,266 051 CAPITAL OUTLAY FUND 3,590,121 1,329,009 2,261,112 2,260,709 054 SANITARY SEWER CAPITAL 10,890,206 1,146,406 9,743,800 7,659,189 055 SEWER CONNECTION FEE 3,155,702 324,306 2,831,396 2,831,395 056 SANITARY SEWER SERVICE 12,351,850 8,405,699 3,946,151 652,482 057 FED CLEAN WATER PROTECTION ENT 6,659,830 4,333,564 2,326,266 2,122,095 058 RESIDENTIAL STREET IMPROVEMENT 5,212,062 275,852 4,936,210 3,576,886 059 SELECT STREET CONSTRUCTION 56,777,126 7,557,816 49,219,310 48,832,131 060 WATER REVENUE 101,223,747 88,893,229 12,330,518 1,389,845 066 ACQUISITION&CONSTRUCTION 28,223,679 23,677,539 4,546,140 3,588,937 067 REGIONAL TRANSP CENTER 3,647,625 2,929,147 718,478 429,900 069 REFUSE COLLECTION SERVICE 26,612,563 20,766,750 5,845,813 1,505,912 070 EQUIPMENT REPLACEMENT 6,631,200 3,577,149 3,054,051 943,224 080 LIABILITY AND PROPERTY INS FND 20,409,477 18,513,850 1,895,627 199,260 109 INFORMATION TECHNOLOGY 17,010,077 8,361,193 8,648,884 2,508,327 120 FIRE FACILITIES FUND 3,429,988 - 3,429,988 2,563,468 122 EMERGENCY AND HEALTH GRANTS 14,927,377 6,770,150 8,157,227 7,414,400 123 WORKFORCE INNOVAND OPP ACT 4,139,245 3,042,171 1,097,074 1,097,074 124 ORANGE COUNTY GRANTS 978,960 167,375 811,585 20,562 125 DES UASI 8,116,969 2,621,038 5,495,931 4,963,796 127 D.O.J.GRANT FUND 1,192,919 432,475 760,444 693,831 128 LAW ENFORCEMENT GRANTS 3,102,531 1,029,476 2,073,055 2,073,055 130 HOME PROGRAM FEDERAL GRANT 9,761,645 1,073,774 8,687,871 8,662,863 131 MISC GRANTS 1,365,583 8,641 1,356,942 389,200 133 HOUSING AUTHORITY-ISSUER FEE 1,026,400 360,177 666,223 344,667 135 COMMUNITY DEV BLOCK GRANT 9,210,145 4,299,533 4,910,612 4,705,533 140 HOUSING AUTHORITY-VOUCHER ADM 6,637,964 4,926,838 1,711,126 304,595 143 CALHOME MFGD HSG LOAN 394,630 390,161 4,469 2,650 144 PRISON TO EMPLOYMENT PROGRAM 791,880 579,322 212,558 197,700 147 FEDERAL AID SAFETY PROGRAM 8,133,329 255,833 7,877,496 7,877,496 148 TRAFFIC SYSTEM MG MT GRANT 59,103,744 8,319,677 50,784,067 49,873,516 152 PUBLIC LIBRARY GRANT FUND 10,264,735 1,430,139 8,834,596 8,834,595 158 PLANNING GRANTS PROGRAM 2,806,923 1,282,307 1,524,616 1,523,438 161 PRCSA CAPITAL GRANTS 8,732,401 4,147,150 4,585,251 4,585,250 164 PUB WKS-WTR QUALITY&CONTROL 18,431,427 3,598,960 14,832,467 12,140,724 City Council 7 - 87 10/7/2025 List of Requests to Carryover Unspent Appropriations by Fund FY24-25 Balances to FY25-26 As of July 31,2025 FY24-25 Fund Fund Name Budget Expenditures Available Balance as Carry Forward of July 31,2025 Up To Amount 165 OFFICE OF SAFETY GRANT 1,006,702 672,867 333,835 139,283 169 RECREATION GRANTS FUND 443,157 439,855 3,302 2,806 177 EMERGENCY RENTAL ASSISTANCE PG 710,730 592,368 118,362 118,359 181 AMERICAN RESCUE PLAN ACT(ARPA) 62,568,989 36,087,794 26,481,195 2S,982,712 182 HOME-ARP PROGRAM FEDERAL GRANT 2,219,797 1,488,921 730,876 701,325 183 ARPA-CA FOR ALL YOUTH WDP 2,915,461 1,735,492 1,179,969 625,800 185 RENT STABILIZATION 4,219,085 2,862,335 1,356,750 42,060 221 LOCAL DRAINAGE AREA I 118,250 - 118,250 118,250 224 LOCAL DRAINAGE AREA IV 654,253 - 654,253 654,253 312 RESIDENTIAL DEVELOP DISTRICT 2 2,240,925 1,477,096 763,829 763,829 313 RESIDENTIAL DEVELOP DISTRICT 3 12,559,433 1,727,479 10,831,954 10,831,954 314 RESIDENTIAL DEVELOP DISTRICT 4 497,787 - 497,787 497,787 315 RESIDENTIAL DEV HARBOR SPECFIC 762,502 - 762,502 762,502 417 CDA INCLUSIONARY HOUSING FEE 4,689,950 3,472,726 1,217,224 157,484 418 CDA CAPITAL PROJECTS 9,536,383 2,188,638 7,347,745 5,777,782 991 TRAN SYS IMP ALIT Area A 822,344 738,735 83,609 83,609 992 TRAN SYS IMP ALIT AREA B 10,085,301 890,823 9,194,478 9,194,478 Total 1,183,447,320 693,206,354 490,240,966 398,593,527 City Council 7 - 88 10/7/2025 Library www.santa-ana.org/library Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Newhope Library Renovation Project AGENDA TITLE Additional Construction Funding to Address Critical Maintenance Needs and Original Workmanship Quality Issues for the Newhope Library Renovation Project (Project No. 22-1802) (General Fund) (Non General Fund) RECOMMENDED ACTION 1. Approve additional construction funding for the Newhope Library Renovation Project in the amount of $600,000 in General Fund and Cannabis Public Benefit Fund funding. 2. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include $600,000 in construction funds for the Newhope Library Renovation Project (Project No. 22-1802). GOVERNMENT CODE $84308 APPLIES: Yes DISCUSSION On September 17, 2024, the City Council approved a construction contract with PCN3, Inc. for construction of both the Newhope Library Renovation Project and the Delhi Library Project. The Delhi Library Project is now complete and open to the public. Construction of the Newhope Library is underway, with an estimated completion of March 2026. The Newhope Library, constructed in the mid-1970s, is a 50-year-old facility that has received minimal critical and life safety upgrades over its lifetime. Nearly all of the facility's building materials and major mechanical systems are original, including HVAC equipment, windows, framing, and exterior site furnishings, which have now reached the end of their useful life. The renovation was initiated to modernize the facility, addressing long-deferred critical and life safety maintenance needs that will extend the building's service life by another 50+ years. City Council 8 - 1 10/7/2025 Newhope Library Renovation Project October 7, 2025 Page 2 Similar to the Main Library Renovation Project, staff anticipated that unforeseen conditions would emerge once demolition began due to the building's age and original construction quality. As expected, several significant issues were uncovered during these recent and early phases of construction, including: • Deteriorated and poorly constructed interior framing, preventing easy integration with new materials and walls. • Wood beam and framing damage from dry rot and termite activity. • Deteriorated building materials, including significant amounts of insulation. • Mediocre original construction quality and discrepancies in slab on grade conditions when comparing original plans to current site conditions. • Deteriorating exterior building concrete and window frames stemming from decades of deferred maintenance. • Significant signs of water damage related to lack of building repairs and roofing upgrades. Because the exact condition of the building was previously concealed, the necessary upgrades and repairs only became apparent after demolition commenced. While the full cost impact of the corrective work is ongoing and still being finalized, it is clear that additional construction funding is necessary to proceed with the required critical maintenance, workmanship issues, and life safety related repairs that will allow staff to maintain the project schedule. The original total estimated construction delivery cost for both the Newhope Library Renovation and Delhi Library projects was $9,132,303, which included the construction contract bid amount ($8,215,533), construction administration ($95,217), and a 10% allocation for additional construction related costs ($821,553). The recommended action will increase the total estimated construction delivery cost by $600,000 to a new total delivery cost of$9,732,303. While the original cost analysis only included a 10 percent funding allocation for additional construction costs, the Library Services Agency reserved enough funding for a 15 percent allocation. Further, the Library was able to capitalize on efficiencies that allowed for the repurpose of other Newhope Library funding slated for furniture, fixtures, and equipment to cover the construction increase. Finally, the Library recognized construction related savings on the recently completely Outdoor Library at Jerome Park and additional savings related to furniture, fixtures, and equipment for the Delhi Library project. This funding can be reallocated to the Newhope Library renovation to help offset the required critical and life safety related repairs. Combined, these funds will fully offset the additional $600,000 requested for Newhope Library's construction costs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. CEQA determination for the project was made under previous City Council action on September 17, 2024 and City Council 8 - 2 10/7/2025 Newhope Library Renovation Project October 7, 2025 Page 3 staff filed Categorical Exemption Environment Review No. ER-2024-82. The recommended actions are exempt from further review pursuant to Sections 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. FISCAL IMPACT Funds were budgeted and available in the following accounts for Fiscal Year 2024-2025 and will be carried forward for use in Fiscal Year 2025-2026, subject to City Council approval of carryover requests. Additional proposed carryovers of unspent funds to future fiscal years will be presented to City Council for approval as needed. The following table summarizes the funds budgeted for expenditure: Accounting Unit - Accounting Unit, Fiscal Account No. Fund Account No. Amount Year Project No. Description Description Budget Available via Proposed Carry Forward to FY25-26 01111110-66200 Library Administration $84,500 2025-26 (22-1802) General Fund — Buildings & Building Improvements 01211020-66200 Cannabis Library Youth Services 2025-26 (22-1802) Public Benefit — Buildings & Building $423,500 Fund I Improvements Reallocation 01211020-66200 Cannabis Library Youth Services 2025-26 (from 22-1382 to Public Benefit — Buildings & Building $15,000 22-1802) Fund Improvements 01111017-66200 Library Service 2025-26 (from 22-1381 to General Fund Enhancement— $77,000 22-1802) Buildings & Building Improvements TOTAL $600,000 EXHIBIT(S) 1. Construction Contract 2. Environmental Determination 3. Capital Improvement Project Worksheet Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nunez, City Manager City Council 8 - 3 10/7/2025 EXHIBIT NO. 1 II�$URANCE ON FILE RK MAY PROCEED UNIIL INSURANCE XPIRES CITY OF SANTA ANA ��( �r� Z� CITY CL CONSTRUCTION CONTRACT DATE: NUV 19 2024 PROJECT 22-1802 &23-1385 0'•PwW�Z� �iEWHOPE LIBRARY MODERNIZATION&DELHI LIBRARY BRANCH IMPROVMENTS Citmr�lo FmAtIlklV This CONSTRUCTION CONTRACT is made and entered into this 17`h day of September, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and PCN3, Inc. (hereinafter"CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. 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 Newhope Library Modernization and Delhi Library Branch Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the"Contract Documents"as defined by the Standard Specifications for Public Works Construction and which include 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 • Community Workforce Agreement • Appendices In case of conflict between 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 sum total amount not to exceed Eight Million Two Hundred Fifteen Thousand Five Hundred Thirty Three Dollars and No Cents ($8,215,533.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit"A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. City Council 8 - 4 10/7/2025 rev.09/01/2017 P(l,C I ot'4 The BID PROPOSAL contains a schedule of unit price(s) or lump sums) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay,and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement,which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http•//www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). 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 of project acceptance. For projects up to Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of Ten 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%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from,or in any manner relating to,any of the following: City Council 8 - 5 10/7/2025 Page 2 of 4 (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, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR 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 tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL FUNDING REQUIREMENTS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub-recipients including, without limitation, the funding requirements laid out in Appendix P of the Contract Documents. Contractor's attention is specifically directed to the following, which are each incorporated herein by this reference: (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii) Program Income—24 CFR Part 570.500(a)(1) (iii) Unused Program Income—24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income—24 CFR Part 570.504(b)(2) (v) Disposition of Program Income--24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements--24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) ,Section 3 Requirements specified herein. (ix) Federal Contract Provisions specified herein. With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal minimum wage rates are attached hereto as Appendix O of the Contract Documents. When the Davis- Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement, which are attached hereto as Exhibit `B", and incorporated herein by reference. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. City Council 8 - 6 10/7/2025 Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA A O� NNIFE HA L - ALVARO NUNEZ Ci City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney PCN3, Inc. By: JONATHAN T. MARTINEZ NAME: Brian Abghari Assistant City Attorney TITLE: President RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba N a b i l Saba Date:2024.08.29 14:25:39 -07'00' NABIL SABA, PE Executive Director Public Works Agency City Council 8 - 7 10/7/2025 Page 4 of 4 k EXHIBIT A City Council 8 - 8 10/7/2025 EXHIBIT A CITY Or SANTA ANA PROPOSAL PROJECT NOS. 22-1802 AND 22-1382 NEWHOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: PCN3, INC REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Newhope Library Modernization 1 LS $ $ O O 2 Delhi Center Library Renovations I LS $�! I v 6{ $ 12 6 0 G / l 3 Owner Allowance 1 LS $50,000 $50,000 4 Constniction Permits I LS $20,533 $20,533 TOTAL BASEBID i $ f/ 19(5 6 Item Description Qty Unit Unit Price Annount Bid Painting Exterior of Delhi Center 1 LS $ $ Alternate 2 5 DOO 2 5 QOo The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any,all, or none of the add-alternate bid items(if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual City Council 8 - 9 10/7/2025 P-1 of P-19 CITY OF SANTA ANA Addendum No 2 PROPOSAL Projecl No, 22-182 & 22-1382 PROJECT NOS. 22-1802 AND 22-1382 NEWI-IOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH IMPROVEMENTS amount for this item will be dictated by the actual quantity used, and (lie Agency reserves the right to increase or decrease the quantity of this ilem accordingly. f This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid & bid alteniates amount shown above,within the working days and the milestone listed.This project will consist of two projects (Newhope Library Modernization&Dellii Library Branch Improvements) that will be running concurrently. The contractor will have 130 ivorking days to complete the improvements at Delhi Library Annex and 150 working clays to complete the renovations of Newhope Library. In total, the contractor will have 280 working clays to complete all construction based on the following phasing requirments: I. The contractor will have a 30 working days administrative period. 2. Delhi Construction will be started first after(lie NTP. 3. After receiving a certificate of occupancy, the contractor will have 5 working days for punch list corrections. At the end of the 5 working days, the City will begin moving into the space. Punch list corrections may continue beyond City move-in, if necessary. 4. City move-itr and staffing will occur for 15 working clays. 5. After the City completes move-in to Delhi, the City will move out of Newhope Library(20 working days), 6. Contractor shall relocate/establish office trailers and other temporary facilities at the Newhope Library during the move out duration. 7. Construction on Newhope shall start as soon as move-out is completed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$1,500 per calendar day for the Delhi Library and$2,500 per calendar day for the Newhope library. Name of Firm PCN3 INC Signature of BIDDER rian Ab hari Title President, Secretary, Treasurer and Manager _ (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council P-2 of P-198 — 10 10/7/2025 CITY OF SANTA ANA PROPOSAL PROJECT NOS. 22-1802 AND 22-1382 NEWHOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council,endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council,signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document,and its execution,and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will fiurnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids,and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm PCN3 INC Signature of BIDDER Brian Ab hari Title Brian Abghari - President, Secretary, Treasurer and Manager (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary,Treasurer and Manager,thereof) City Council P-3 of P-N- 11 10/7/2025 EXHIBIT B City Council 8 — 12 10/7/2025 U.S.Department of Housing and Urban Development EXHIBIT B Funding ApprovallAgreemenf , Title I of the Housingand Community Office of Community Planning and Development ty Community Development Block Grant Program OMS Approval No.2506-0193 Development Act(Public Law 930383) exp 1/31/2025 HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a,Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number Santa Ana 956000785 KZE902M4GRX9(UEl) 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin 20 Civic Center Plaza 07/01/2022 Santa Ana,CA 92701-0000 5a.ProjectlGrant No.1 Ba.Amount Approved 13-22-MC-06-0508 $5,088,771 5b.ProjectlGrant No.2 Bb.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organizatlon} Rufus Washington Santa Ana(City of) Title Title CPD Director City Manager Signature Date(mmlddlyyyy) Signature Date(mmlddlyyyy} 10/21/2022 X X 7.Category of Title I Assistance far this Funding Action: 8.Special Conditions ga.Date HUD Received Submission 10.check one (check one) (mmlddlyyyy) ®a.Orig.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notif ed Approval ®Attached (mmlddlyyyy) ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 7!1/2022 11.Amount of Community Development Block Grant FY 2022 a.Funds Reserved for this Grantee b.Funds now being Approved $5,088,771 c.Reservation to be Cancelled 11a minus 11b 12a.Amount of Loan Guarantee Commitment now being Approved 12b,Name and complete Address of Public Agency NIA Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency guarantee assistance,and agrees to comply with the terms and conditions of the Agreement,applicable regulations,and other requirements of I-IUD Title now or hereafter in effect,pertaining to the assistance provided it. Signature X HUD Accounting use Only Effective Date Balch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F n 0] 176 y Project Number Amount Y PIQ1 CIE MbenAmount Date Entered PAS(mmlddlyyyy) Date Entered LOCCS(mmlddlyyyy) Batch Number Transaction Code Entered By Verified By 10 7 2025 24 CFR 570 form HUD-7082(5/15) 8. Special Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2029. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s)described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base CDA 14.92 % a/o % Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (e) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management(SAM,gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement,public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water- related and wastewater-related infrastructure), other structures City Council 8 — 14 10/7/2025 designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition -Notwithstanding any other provision of this agreement,no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). i City Council 8 — 15 10/7/2025 INSURANCE NOT REQUIRED WORK MAY PROCEED A-2022-092-26 CLERK OF COUNCIL DATE: MEMORANDUM OF UNDERSTANDING BETWEEN TIIE CITY OF SANTA ANA AND -COP CO) PUBLIC WORKS AGENCY fUrS)05( FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Memorandum of Understanding is hereby made and entered into this 1 day of July, 2022, by N and between 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'), and Public Works Agency of the City, C=:) ("SUBRECIPIENT"). e� RECITALS: A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program, Catalog of Federal Domestic Assistance(CFDA)Number 14.218, and Federal Award Identification Number (FAIN) B-22MC-06-0508, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570,000, et seq. ("CDBG REGS"). B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the Housing and Community Development Act of 1974,Public Law 93-383,as amended("ACT"). C. The SUBRECIPIENT has been selected by the CITY to receive CDBG funds and administer such financial assistance; and to provide the services described in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the activities carried out with fluids provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Representations and Warranties. (a) Authority. SUBRECIPIENT is in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution,performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. City Council 8 — 16 10/7/2025 1 (c) Familiarity With' Services Required. By executing this Agreement, SUBRECIPIENT Warrants that(i) it has thoroughly investigated-and considered the services to be performed and provided, hereunder, (ii) it bas carefully considered how -the services should be performed; and (iii) it fully understands the facilities, difficulties and'restrictions attending performance of the services-under this Agreement. (d) No Confiliet. -To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or.a breach- under any'contract, agreement or order to which SUBRECIPIENT is a party or by Which it is bound. (e)'No Bankruptcy. SUBRECIPIENT is not the subject of any current"or.11neatened bankruptcy proceeding. (f) No Pending Legal Proceedings, SUBRECIPIENT is not the subject of a current or. .threatened litigation that would or"may materially affect SUBRECIPIENT'S performance under,this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'"§ application for funding submitted to CITY including any exhibits are true and correct in all material respects, (h) No Pending Investigation. SUBRECIKENT is not aware that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, that would relate to affect performance of the Agreement or provision of services hereunder. . .B.- Amount of- Grant/Torm and Quartgrty Disbursement, The amount granted. to SUBRECIPIEIVT is $506,250 ("CDBG FUNDS"), for the term of July 1, 2022 through June 30,2024 for Tr&fpc Engineering in Residen#ial Neighborhood. Such funds shall be expended by SUBRE PIENT on or before June 30, 2024, The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and.the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a.quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on ,or before July 15 of the applicable funding year, as Wreinafler more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including,but not limited to, obligations with respect to indemnification, audit$, reporting, data retention/reporting, and accounting. failure to. provide any of the required documentation and reporting will cause CITY to withhold all or a portion cif-a request for reimbursement, or return'the entire reimbursement package to SUBRECI ENT, until such documentation and reporting has been received and approved by CITY, The CITY reserves the right to reduce the grant application if the CITY's fisoal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent fluids at the end of the.program year. Amendments.in the grant allocation will be made after consultation.with SUBRECIPIENT, C. Use of Funds. , UARE ITIENT agrees to use all federal funds _pr6vi�led by CITY to. SUBRECIPIENT pursuant to th s..,A.greemept to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein, SUBRECIPIENT'S failure to perform as required way, in addition to other remedies set forth in this Agreement,result in readjustment of the amount of fiends CITY is otherwise obligated to pay to SUBRBCIPIBNT hereunder. City Council 2 8 — 17 10/7/2025 D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before Tune 30, 2024, and to use said funds•to pay for necessary and reasonablo'costs allowable under the federal law and regulations to operate said program. Said amounts shall include,but not be limited to,wages,-administrative costs, and employee benefits comparable.to other similarly situated.employees, and indirect costs. Other allowable program costs are detailed in the budgct, as set forth in "Exhibit B," attached hereto and by this reference.incorporatedherein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said hands may-be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts hi the budget with the written- approval of the CITY's Executive Director bf,the Community Dovelopxrent Agency, or designee, so long.-as the total budget amount does not increase. Pursuant to 2 CFR§200.331(a)(4),the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SU13RECIPIENT and the Federal goverx mont; or, if no such rate exists, the de miriiinis indirect•cost rate as defined in 2. CFR §200.414(b)Indirect(F&A)costs. For this agreement, the de minimis indirect cost rate of 10%will apply. E. Licensing. SUBRECIPMNT agrees to obtain and maintain all required• licenses, registrations, accreditation and inspections from all agencies governing; its operations, SUBUCIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations; accreditation and .inspections from all 'agencies �governing SUBRECIPMNT's operations hereunder. Such :licensing requirements include obtaining a City business license,as applicable. F. Zoning. SUBRECWIBNT agrees that any facility/property used in firt'therance of said program shall be specifically zoned and permitted for such usc(s)and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SU13RECIPIENT shall immediately mare good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) horn the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations,or to remedy such known violation(s)shall result in termination of grant funding hereunder. SUBRECIPIENT must mare all corrections required to bring.the . facility/property into compliance,with the law within sixty(60)days of notification'of the violation(s); failure to gain compliance within such time shall result iu termination of grant funding hereunder. G. S ration of Accounts.All funds received by SUBRECIPMNT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured bmn :ing or savings and loan.institution with reeord'keeping of such accounts maintained pursuant'.to applicable.2' CFR.200.302 requirements.. "RECIP ENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENY agrees-that if _IPIRNT.ejpends� Seven Hundred.Fifty Thousand Dollars($750,000)or ruore in federal funds,-SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of M4nagement and Budget. SUBRECIPIENT shall provide CITY with a-copy of said'audit by'.April 1 of the year following.the program y iri which tlr Agre ' nt'is executed. I. Record Kee j ortin . SUBRECIPIENT shall keep and maintain complete. and adequate records and reports on program participants to determine their initial and continuing eligibility for City Council 3 8 — 18 10/7/2025 the program services being provided.to assist CITE in meeting and maintaining its record keeping . responsibilities under the CDBG•REGS,including the following- (1) Records a. Documeatatian-evidencing program income requirements in'•confoi7nity with 24 CFR 570304(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24'CFR 570,208(a)(2)(B) of the income level' of persons and/or families Participating in or benefiting bythe'SIUBRECI TENT program, b. Documentation of.the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program, c, . Household information shall include number. of persons, identification of-head of household,race/ethnicity;and income verification of all household members ages 18 and over, d. Documentation of all CDBG FUNDS received from CITY, e. Documentation of expenses as identified in the Budget Proposal, including evidence of incurring the expense, invoices for goods or services, copies of any and all. contracts or documentation pertaining to costs for subcontractors,plus all other invoices and proof of payment for which CDBG FUNDS were expended, and any payments therefor. f., Any such other related records as CITY shall reasonably require or as required to be maintained pursuant to the CDBG REGS, (2) Rep - a. Payment.Request." Concurrently with the submittal of each quarterly report,on or before - . the 15th day of October; 1anuary, April and July, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goads or services, timesheets, payroll records, benefit statements, agreewerits,_ contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing.how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progiess Report, SUBRECIPIENT agrees to beep records of all ethnic and racial statistics of-persons and families benefited by SURRECIPIENT in the performance'of its obligations under this Agreement, including, but not limited to, the number of low and moderate . income persons and households assisted in accordance with federal income limits,the number of female heads of households assisted, new program information and. year-toAate program statistics on expenditures," caseload and activities, failure to provide any .of the required documentation and reporting,will cause CITY to withhold all or a portion of a request for reimbursement, or retwn tlio",entire'reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by,CITY. J. • Access to R.ecoiAs, CITY and the United States Government and their,representatives or • auditors shall hove access. for..,purposes of monitoring, audiflug, and ei)mining SUBRECIPIENT`s activities mid performance; to books, documents and papers, and the right to examine records of SUBRECIl'IENT's subcontractors,bookkeepers and accountants, employees and participants in regard to . said program, CITY and the United States Government and their representatives or auditors shall also schedule on-site monitoring at their discretion. Monitoring activities may also include,but are not limited City Council 4 8 — 19 10/7/2025 to, questioning employees and participants in said program and entering any premises or any site in which any of the. services or activities funded hereunder is conducted or in which any of the records- of SUBRECIPIENT are kept. 'Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law, K, Location of Records/R uired.Len of Record KogI2ing. All accounting records,reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents•related to this.Agreement shall be maintained and kept available at SUBREC.IPIENT'S office or place of business for.the duration of the Agreement and.thereafter for five (5) years from the date of final payment under this Agreement. Records which .relate to (a) complaints, claims, administrative Proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement.to-which-CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation olairns, or 'exceptions.• In the.event SUBRECIPIENT does not make the above-referenced documents available within . the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred-by CITY-in conducting any audit at the location where said records and books of account are maintained. L. Coin liance with. Law/Program Income, ,SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY pursuant to the ACT as amended and.that expenditures of these-funds shall be in accordance with the ACT and all pertinent regulations issued,by agencies of the federal government,including,but not limited to, all regulations found at Title 24 of the Code of Federal Regulations; Program income received by SUBRECIPIENT shall be returned to CYFY unless otherwise provided for in this Agreement.SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement•- M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduot business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549,"Debarment and Suspension", See also 24 CFR 570.609, SUBRECIPIEN.T must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIMENT shall be nn good standing, without suspension by the California Secretary of State,Franchise Tax Board and Internal Revenue Service, Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY: N. Confidentiality. Without prejudice to any other provisions of, this Agreement, SUBRECIPIBNT shall, where applicable, maintain the confidential nature of information provided to -it concerning participants in 'accordance -with 'the. requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit,'examinations, monitoring and verifications of reports submitted by-SUBRECIPIENT, costs incurred' and services rendered hereunder. Q: Independent Contrdctor, SUBRECIPIENT agrees that the performance of obligatiozrs hereunder is rendered in its capaoity-as an independent contractor and that it is in noway an agency of CITY, P. ' 'Violation of Terms and Condidwis. SUBRECIPIENT agrees that if SUBRECIPIENT."" violates any of the terms and conditions of thin Agreement or any Orior Agreement whereby,CDBG•funds were received by SUBRECIPIENT, or if S-0BRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in City Council 5 8 - 20 10/7/2025 fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Eauipment. SUBRECIPIENT agrees to maintain a record for each item of non-expendable personal property acquired under the terms of this Agreement. Said record shall.be,made available to CITY upon request. The term"nc expendable personal property"shall include leased and purchased equipment. R. Prohibited Use, SUBRECIPIENT hereby certifies-and agrees that it will not use funds provided through this Agreement to pay for entertainment,meals or-gifts,or other prohibited uses. S. Lobbying. SUBRECIPTENI`certifies that it will comply with federal law'(31 U.S.C:1352) and regulations found at 24 CFR Part 87, which provide that no appropriated fiends may be expended by the recipient of a federal-contract, grant, loan or cooperative agreement to pay any person for influennoing or attempting to influence an of or employee of any agency; Member of Congress, or an offcex or employee of a Member of Ingress in connection with awarding of-anyfederal contract, the making of any -federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a .certification to that effect .ki a form as set forth in."Exhibit D," attached hereto and-by this reference incorporated herein.- SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT larder the terms and-conditions of this Agreement. If any funds other than.Federal appropriated funds have been paid or will be paid to any person for influencing or mtempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grans; loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form,to Report:Lobbying,"in accordance with its instructions(Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and cooperative agreements), and agrees to take .all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial In crest SUBRECIP ENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised •any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in.a position to participate -in.a decision-malcing process or gain inside information-with- regard to such . activities, may obtain a financial interest or benefit from a CDBG-assisted activity'of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official.of CITY,or of any designated public agency?9r.the SUB,RECIPIEN`I'. U. -Labor_Standards. The SUBRECIPIENT agrees to comply with the requirements of the'. • Secretary of Labor in accordance with the Davis-Baron Act as amended,the pro-visions of Contract Work Hours and Safety Standards Art U.S.C. 327 et seq.) and all other applicable 1{eoral; state xixcl local: p t; 4ppy p laws and regulations ertaliein to Ial�or standards Insofar as�tlxri�se=acl:���� 1"•to��tYi�e�� •erformarr,oe-af this •' -_ Agreement. The SUBRECEPIENT agrees-to comply with the-Copelarid Anti-Rick Back Aci (18 U•.S,C. 874 et seq;) and its implementing regulations of the U.S. Department,of Labor at 29 CFR Part-5, The SUBRECIPIENT shall maintain documentation that demonstrates corn e compliance with hour and wage SUBRB p 8 i City Council 6 8 — 21 10/7/2025 requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8)units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract;-shall comply with Federal-requirements adopted by the CITY pertaining to such contracts and with,the applicable requirements of the regulations of the Department of Labor,under 29 CFR Parts 1, 3, 5 -and 7.governing the payment of wages and ratio of apprentices and trainees to journey workers;provided that,if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT-of its obligation, if any, to require payment of thehigher wage. The SUBRECIPIENT shall cause or require to be.inserted in full, in' all such contracts subject to such,regulations, provisions meeting the requirements of this paragraph, V. Section 3 of the Mousing and Urban. Development Act-of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low-and moderate-income persons residing within the community where the construction.project is located and-contracts-awaYded to 1=1 businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations.set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this-Agreement.Compliance with the foregoing requirements shall be a condition of the federal financial assistance.provided under this Agreement and binding on the SUBRECIPIENT. Failure to .fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is-provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRFCIPIBNT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECI PIENT agrees to provide a. drug-free work place and to execute a certification as set forth in"Exhibit E"attached hereto and incorporated herein by this reference, X. Uniform Administrative.Requirements, Cost Principles, and Audit Requirements for Federal Awards, The following requirements and- standards must be complied with: 2 CFR Part 200 ct al. SUBRECIl?IENT shall procure all materials,property, or services in accordance with the requirements of 2 CFR 200.318-326, Y. Subpart K_of 24 CFR 570, SUBRECIPIENT will carry out its activities-in compliance with the requirements of Subpart K of 2�44 CFR 570,• however SUBRECIPIENT does not.-assume the CIT Y's environmental responsibilities or the responsibility for Utiating•the environmental review process under 24 . CFR'Part 52. Z. Women- and -MinoritiLOwned Businesses W/MBE SUBRECIPIENT .will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2.CFR.200,321 "Contracting with small and minority businesses, worrten's business . enterprises, and labor surplus area.firrns As used in this Agreement;.the.term"sanall business"•means.a. business that meets the criteria set forth in-section 3(a) of the Small:Busincss-Act;as-athrhded(15 I7yS.C, 632);axid "minority and women's business enterprise"means a business at least fifty-one percent (510/D) owned and controlled by minority'group members or women. For the purpose of this .definition, 'minority group members" .are African-.Americans, Spanish-speaking, Spanish surnamed. or Spanish- heritage Americans, Asian.-Americans, and American Indians. SUBREMPIENT may rely on written City Council 7 8 — 22 10/7/2025 i representations by businesses regarding their status as minority and femalo business•enterprises in lieu of . . an independent investigation. II. • CITY'S 013 LIGATIONS A. Payment of Funds.- On-July 1, 2022, the CITY was allocated $5,089,771 for fiscal year 2022- 2023 from the United States- Department of Housing and Urban Development ("IUD'') Community , Development Block Grant("CDBG")Entitlement Program. CITY agrees to pay to-SU:BRECIPIENT when, if'arid to the extent federal funds:are received a sum not to exceed FWE III.1 AED SIX THOUSAI` D, :TWO HUNDRED) FIFTY Dollars P06,250) for SIJBMCIPIENT'S performance in accordance with the .Budget attached hereto-as "Exhibit B" during the period of this Agreement. Payments shall.be triade to SUBRECIPIENT through the submission of invoices/reimbursement requests, CITY shall•pay such invoices/reimbursement requests within thirty(30) days after receipt thereof provided CITY is satisfied-that such expenses-have been-incurred and documented.within the scope•and provision of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement.-Failure to provide dny of the required documentation and reporting will cause CITY to • . withhold all or a portion of a request for reimbursement, or return the entire reimbursement paclage to SUBRECIPIENT, until such-documentation'and reporting has been received and approved by CITY. Dociumutation may include, but is not limited-to true copies of invoices, receipts, canceled checks,bank . statements, credit card statements, procurement documentation for goods or sorvices, timesheets, payroll records,benefit statements, agreements, contracts,gar documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBCr FUNDS have been expended during the applicable quarter. B. Audit of Account, CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG•FLINDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule, Pursuant to 2 CFR 200.328(a),the CITY-manages the day-to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and-monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such monitoring covers each program, function and activity-and performance goals are reviewed periodically, - D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review'and• maintaining; environmental"review records for each applicable project. E. Performance Monitoring: CITY shall monitor the.performance.of'STJBRECIPIENT against goals and performance- standards required herein, The, SUBRECIPIENT shall be responsible to accomplish the levels of performadoe-as set forth-ins Exhibit A and report such measures'quarterly to'tht . CITY. If the SUBRECOENT estimates such--goals will not be met, the.SUBRECIPMNT-i's to 0011tact the CITY, at which time the MY,Will determine if any adjustments to the grant award is appropriate. Substandard performance as- determined by- the CITY will constitute non-compliance with this Agreement. Should the CITY determiae:that the SUBRECIPIENT has. not performed its c lil gatitkis'•as :stated.in this contract in a satisfactory--manner;.or if the CITY determines' t iVsuffioient.$ tpportiiag•: information has been submitted, the. UT'Y shall notify the SU-Mg-CIP1:EM in' writing of lts determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance, If'action'to correct such substandard performance is not taken by the SUBRECIPIENT after being. City Council 8 8 — 23 10/7/2025 notified by the CITY, within a reasonable period of time as stipulated in,the written notification, contract suspension or termination procedures will be initiated. III. NONDISCRIMMATION A.. -SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to,discriminate against any-,employee or •applicant for employment because of raee, religion, sex;color or national origin. Such action shall include, but not be.limited to the following: employm iti upgrading,demotion,-or transfer,rates-ofpay or other forms of compensation,'and selection for training, inchidiug apprenticeship, SUBRECI TENT agrees to post in conspicuous places; available to employees and applicants for employment,.riatices to:be_provided by the SUBRECIPIENT.setting forth the provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act Qf 1964 which indicates that-no person shall, on-the ground of race, color or national-origin, be excluded,fiom participation in,.be -denied.the benefits of, or be subject to disoriinination under any program of activity receiving federal financial assisttmee. C. No person shall, on the grounds of race,sex,creed, color,religion,marital status;national origin, age, sexual orientation; or physical or mental handicap be excluded from participation in, be-refused' the benefits of,or othermse be subject to discrimination in any activities,programs or employment supported by this Agreement. "RECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974,as amended. D. SUBRECIPMNT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include,but not be Iimited to.the following; employment upgrading, demotion, or transfer, rates of pay or other forms.of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPMNT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified'individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under.any program or activity conducted by any executive agency or by the United States Postal Service, IV. CONI+LICT Or INTEREST Pursuant to the conflict of interest requirements set forth Jn.24•.GFR 570.,611:and.2..C:FR 200.112, SUBRECIl''1LW certifies that 'no member, officer, employee, agent or assignee of.CITY having direct or indirect-control of any CDBG monies granted to the CITY, inclusive of the subject,CDBG FU.N. DS,shall , sei-vc as an officer of SUBRECIPfENT, Further,any conflict or poteigipl conflict,of interest of any off.,.icer.of SUBREOWENT shall be billy disclosed k writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof,'~Notice shall be sent:by SUBRECIPXENT to CITY regarding any changes orm5difictttions to its board of directors and list of.officers, City Council 9 8 — 24 10/7/2025 V. SPECIAL.CERTEFICATION FORRELIGIOUS]ENTITIES. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in, connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in-acebrdmice with 24 CFR 570.2000): A: SUBRECIPIENT shall not discriminate against any .employee or applicant for employment on the basis of religion and skull not limit employment or give preference in=ploymcnt to persons on the basis of religion. ; R, SUBRECIPIENT shall- not ,discrina hate against any person applying for the services . SUBRECIPIENT agrees to•provide under the terms of this-Agreemenfon.the basis.of religion and shall-not limit such services or give preference to applicants for such services on the basis of religion, C.- SUBRECIPIENT.-shall NOT provide.religious instruction or counseling, conduct any religious worship or services,or engage in any-religious proselytizing,or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the rise of CRY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section:4 of the California . Constitution,and is not in any manner intended to restrict other activities of SUBRECIPIENT, D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols, E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT,CDBG Rinds may also be Used for minor.repairs to such.property which are directly related to the cost of rendering the services under said•program,where the cost constitutes iti dollar terms only an incidori_tat portion of the CDBG expenditure fW rendering the services under-said program.. VA. PROIIIBITft IN UI+`NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person-to fill a position funded through this.Agreement if a member of that person's immediate-family is employed in an administrative capacity by-SUBRECIPIENT. For the purposes of tlus-section,the term "immediate fancily"means spouse;. child, mother, father, brother;,sistcr, brother-in-law, sister-in-law,,father-in-law, mother-M4aw, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild:� The term "administrative capacity„ means having selection,hiring,supervisor or management responsibilities. VH. NOTICES Notices to the parties shall, unless otherwise requested in Writing,�be sent by U.S. Mail, postage prepaid,and addressed as follows: :._ To CITy, • City.of Santa Ana Community Dovelopment Agency(M-25). 20 Civic Center Plaza P.O,Box 1988 Santa Ana,California 92702-1988 City Council 10 8 — 25 10/7/2025 TO SUBRECIPIENT: NAME:Nabil Saba Executive Director Public Works Public Works Agency. 20 Civic Centel Plaza Santa Ana,CA 92702 VIH. ASSIGN'A.I3ILIIY None of the duties.of,or work to be performed by, SUBRECIPIENT under this Agreement shall be: subcontracted or assigned',to any agency, consultant,-or person without the prior written consent of CITY. SUBRECIPIENT must:submit all subcontracts and other agreements that relate to this Agreement to CITY. No .subcontract or assignment-shall terminate or alter,the legal obligations of SUBRECIPIENT pursuant to. this Agreement. IX. HOLD RARN)1E8 SUBREGIPIENI'shall indemnify, defend and save harmless CITY, its officers, employces, agents, •representatives and volunteers from and against any and all damages to or for loss of use of property and for 'injuries to or death of any person or persons,including property and employees or agents of CITY,and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives-and volunteers from and against any and all claims, demands, suits,actions or proceedings of any kind or nature, including, but not by way of limitation, workers-compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT,its officers,directors,employees,agents, subcontractors and suppliers arising out of SUBRECIPIENT's,performance of this Agreement. X INSURANCE 1. Commercial General Liability. SUBRECW)1EN F agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and". RECIPIWF against any liability for accident, injury or death arising out of or in consequence of this Agreement. Such insurance shall be in an amount not less,than One Million Dollars ($1,000,000.00) for any.injury to or death of any person or persons in any single accident or occurrence. Said policy of'comprehensive liability insurance shall be-endorsed to provide to CITY at least thirtty(30) days written notice prior to'cancellation; name CITY, its officers,agents, employees, and volunteers, additional uisured; and state that such coverage is primary to any other coverage or self insurance and CITY. Governmental entities may provide proof of self-insurance, (a) Such insurance shall: (1) name the City of Santa Ana, its.officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with .respect to insurance or scif-insum,cc programs maintained by the CITY; (3) contain standard separation of -insured's provisions;'atid (4) give to CITY prompt -and timely notice of claim.-made or suit .bRtit4tod -arising out of SUBRECIPIENC's opbrat ons}xoereunder. (b) SUBRECIPIENT, shall: (1) prior.'to -exercising any. -right widdr- this .Agreement, furnish properly exeouted'certifrratds-of insurance-and.additional insured ondorserrment.to.the CITY which shall clearly evidence a.1l-boV&ages required above; (2).provide that such insurance shall-not- be materially changed or terminated except on 30 days prior written notice'to the,CITY; (3)maintain such insurance for the,period covered by this Agreement; and(4)replace such certificates for policies expiring prior to the expiration of this Agreement City Council 11 8 — 26 10/7/2025 2, Automobile Liability Coverage. SUBRECIPIENT shall. also obtain and maintain, during. the effective period of this Agreement,broad form automobile liability coverage with a$1,000,000 limit -unless reduced by CITY, which applies to both owned/leased and non-owned automobiles used by SUBRECIPIENT employees or participants in performance of,this Agreement, or, in-the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this-Agreement, SUBRECIPIENT shall secure and maintain on file from all such•employees,.participants, or agents as self-certification of automobile insurance coverage. Governmental entities,may provide proof of-self- insurance. 3. Workers'Com ensation. If SUBRECIPIENT is an"employer',.as set forth in California Labor Code Section 3300 et seq.,.or utilizes participants as "employees,"as set forth in-California Labor• Code Section. 3350 et seq., SUBRECIPIENT shall obtain and keep. in force during the term of-this Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said -,insurance policy shall -guarantee CITY at least thirty (30) days written notice .of cancellation or- modification. 4; E ment Covera e, SUBRECIPIENT shall purchase a policy or policies of insurance ui covering loss or damage to any and all Equipment provided to•.or purchased by-SUBRECIPMN'T in accordance with this Agreement. Said insurance shall be in the-amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self- insurance. 5, Proof of Insurance. Certificates mad endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsdxmi ants-have been approved by My. X1. REVERSION OF ASSETS A, Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CXIY any. CDBG. funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable to the use of CDBG funds, [24 CFR 570.503(b)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000.00,must either be; 1. Used, where CITY .has given written approval, to meet one of the national objectives stated in 24 CFR-570.208 until five(5)years after expiration of this Agreement,or for such longer period of time as determined to be appropriato by CITY; or .2 If not used in,accordance with subparagraph .. „ ' . . 1 aboovv e,SUBRECIPIENT shall pay to . .. CITY an amount equal to the current fair market value of the property less any portion of tho value attributable to the expenditure of non-CDBGfunds for acquisition_of, or-improvemo nt to,the property: Such payment is program income to CITY, C. Subject to the obligations set forth herein, title to equipment.acquired:under the terms .of this.: Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which'has been acquired it accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: City Council 12 8 — 27 10/7/2025 1. Items of equipment with a current per Lunt fair market value of less than$5,000•,00 may be retained,sold or othorwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market peer unit value of$5,000.00 or more may be retained or sold and CITY shall have the right to an amount calbulated by multiplying the current market value or proceeds from the-sale by CITY's share of federal funds used to acquire.the equipment, in accordance with 2'CFR 200.313(c)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have 4ty claim to rights hereunder or under any document, instrument or agreement executed•in furtherance of the services and activities to be performed hereunder, to execute, acknowledge and deliver, to CITY-.assignment(s), quit claim deed(s). or such other and further instruments, docurnonta.and agreements as may be necessary, in the,sole and absolute discretion of CITY,to vest in CITY all of SUBRBCIPB3N'I!s right,title and intorest(if any it may have)in and to CITY,.CDBG or other federal;state and/or local accounts-or program funds or allocation of funds to which CITY is or may be entitled,either for its own account or as fiduciary or trustee for others,which were obtained for the purpose of the performance of this Agreement or any previous agreements -relating to the same subject matter or activities as this Agreement,together with any instruments,loans,grants or advances by SUBRI3CIPIENT on behalf of CITY,in fiirtheiauce of the activities hereunder or thereof.` SUBRECIP 73NT's obligations and responsibilities set forth•in this paragraph"XI.REVERSION OF ASSETS." and in paragraph "XII,TERMINATION and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINA710N A. This Agrecinent may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date oftermination. B. This Agreement may be suspended-or terminated by CITY upon five(5)days'written notice for violation by SUBREMENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event- of such.suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing;to fulfrll all or any of its obligations hereunder, CITY may declare a default and termination•of this Agreement by written notice to SUBRECIPIENT,which default and termination shall-be effective on a date stated in the notice.which is to be-not less than ten(10) days after certified mailing or personal service of-such notice,LUnless•succh default is cured before the effective date-of-termination stated in such notice. If terminated fbt.cause;CITY steal-l-be relieved of further liability or responsibility under this Agreement; oir as a result of the Ionnination-thereof; inchuding the payment of money, except for payment for approved expenses incurred-for. services satisfactorily mid-timely performed prior to the mailing or service of the npacb of termination,and except for reimbunement of (1)any payments made for services riot subsegaohtly:.perft rtded,.in`z :tfirndly--•and satisfactory manner,and(2):eostsincurred by-CITY in obtaining substitute performance= -.. .. .- D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIIHENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b terminated, however., if in the case of a partial City Council 13 8 - 28 10/7/2025 termination,the C11 Y determines that the remaining portion of the award will-not accomplish the purpose for with the award was made,the CITY may terminate the award in its entirety, E. The grant of funds under this Agreement.may be, terminated due to the non-performance of SUBRECIPMNT and/or failure of SUBRECIPENT to perform the work described in Exhibits.A.and B or failure to meet-the performance-standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XU,A. through XII.E., inclusive, SUBRECIPIENT agrees to-immediately return to CITY-upon CITY's demand and prior to any adjudication of SUBRECIPII?NT's rights, any and all fuxids not used, and to comply with paragraph "'XI. REVERSION OF ASSETS of this Agreement. )UM LDMAUON OF I+UNI>;S The United. States of America, through•HUD, may in. the future place programmatic or fiscal limitations-on the use of.CDBG funds which-limitations are not presently anticipated, Accordingly, CITY reserves the right to revise fthis Agreement--in order to-take account of actions-affecting HUD program funding; In the event of funding reduction, CITY may,in.its sole and absolute discretion,reduce the budget of this Agreement as a whole ors as to.casts category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRBCIPIENT's use of both-its uncommitted and its unspent funds, Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a cost category,with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to act for CITY in implemwting and effecting such-a reduction and in xevising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall-be permitted to de-scope accordingly. Where CITY -has reasonable grounds to question SUBRECIPIENT's•.. fiscal accountability,fintaneial soundness, or compliance with this Agreement,CITY may suspend the operation of this Agreement'forup to sixty(60)days upon five(S)days written notice to SUBRECIPIENT of it$intention to so act,pending an audit or other resolution of such questions. In no event,however, shall any revisions made by CITY-affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such-revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY MD.AMENDMENT OF AGRE EME,NT This Agreement supersedes any and all other agreements, either oaral or in writing,.between the. parties hereto with respect to the'use of CITY's CDBG funds by SUBRECIPIENT and contains• all the covenants and agreements between the parties with respect to such employment in any manner whatsoever. representations, inducements, promises or agreements Each party to this Agreement•acknowledges that no , orally or otherwise, have been made by any party, or anyone actin; on behalf of any party, which.are.not embodied herein, and that rio other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV., LAWS GOVE,RNING THIS AGRE EMENT This Agreement shall-be-governed by and construed.in ac ordance with the laws of the State of California,and all applicable federal laws and-reta`lations, .XVL CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR.§200.343, including the following: City Council 14 8 — 29 10/7/2025 1. SUBRECIPIENT inust submit, no later than ninety.(90) calendar days after the end date.of the period of performance, all financial,performance, and other reports as required by the terms and,conditions of the Federal award; 2. Unless the CITY• authorizes an extension, STJBRECIPIENT must''liquidate•all obligations incurred under° the Federal award not later than ninety (90).calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal 3, SUBRECIPIENT must Promptly refund any•balonces .of.unobliggted cash'that the' CITY•paid in advance or paid and that is not.authorized'to be retained by'SLIBRECIFItNT for , use in other projeots(Scc (FMB Circular A-12.9 and 2 CFR §200.345); 4'. SUB.RECIFIENT must account for any real and personal propeity acquired with Federal funds or received from the Federal goverrirnent in accordance with 2 CAR §§200.310M - 200.316 and 200.329; and, � . 5. The CITY should complete all closeout actions for the Federal award:no later:than one year after receipt and acceptance of all required Final reports. X.VH. VA.L]IDM AND SE W,R"ILITY The invalidity in whole or in part of any provision of this Agreement shall•not voW or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law,.but if any provision of this AGREEMENT is -held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity,without invalidating the remainder of such provisions of this AGREEMENT. XVIII. WAVER No delay or omission by either party hereto to exercise.any right or power accruing upoza any noncompliance or default by the other party with respect to any of the terms of this Agreement shall 'impair any such right or power or be construed to be a waiver thereof, A waiver by either of the parties hereto of-any of the covenants, conditions, or agreements to,be performed by•the.other• shall- not be construed to be a waiver of any succeeding breach thereof or of any other covenant; condition or . agreement herein contained. XIX. MISCELLANEOCIS_ NOVISIONS'- a. Each undersigned represents:and warrants that its signature herein below has the power-,..authority and right to bind their respective parties.to each of the terms of this.Agreement,and shall indemnify CITY fitlly,including reasonable costs and attorney's.fees,for any injuries or damages to CITY in the event that such authority or power is not,in.fact,held by the signatory or is witladravwm, b.'All Exhibits and Attachments xefewneed herein and ttaohed her # ,shall be incorporat a.es if . . .. . fully set forth in the body of this Agreement. (Signatures on following page) City Council 15 8 — 30 10/7/2025 A-2022-092-26 IN WITNESS WHEREOF. the parties hereto have executed this Agreement a., of the last elate and \ear ritten helo%% 04AATTEST: CITY OF SANTA ANA DAISY 60 7_ KRISTINE RIDGE Clerk of the Council C its Manager APPROVED AS TO FORM: SONIA R.C'ARVALHO City fit e\ BN: R ', N O. IOnGF. Asikta City ttornex RECOMINIENDED FOR APPROVAL: SUBRECIPIENT: STE:VEN MENDOZA Nabil Saba Assistant City Manager Executive Director Tax ID:9-5-600078i Unique Emit\ ID ; KZE9G2M4GR\L) City Council 8 — 31 10/7/2025 • k 1 'TI2X MOMS FOR Chili~ .tip.+' CATlO 1, By slguing and submittimg this proposal, the prospective reoipient of federal assistance funds is providing the certlf.oation as set out below, 2. The aer(itloatlaai in this clause is'a material representation of fact upon which reliance was placed when.this transaction, was entered into. Nit is later determined that the prospective reolpiorxt of federal assistance fiWAnowingly rendered an erroneous certlfication,irr addition to.other remedies available to the federalGovermnrmt, the Dcpnft' ent of Labor (1)0) ) nky pursue available remedies,including suspension and/or debarment, 3; The prospective recipient of federal assistance funds shall provide iinm4ate written notice to the person to which-this proposal is sub witted if.at any time the prospective reeipi.'eait of federal wsisfEmw fiends learns that its cer'tifteWo#was erroneous whoa subndtted or has become erroneous by reason of changed o1rolunstancoo" 4. The terms "covered lransaottarr," "debarred," "auspended,,' ""h11oli&le," "lower tier covered. transaction," 'ipant,"" "Poison," "primary covered transaction," "prinaipal,u '"proposal," and "Voluntarily excluded," as used irr Us clause, have the meanings set out in the DefilitIoals nand CoMge sections of rules implementing Executive Order 1254%, ,You rnaay contact the person to . which,this proposal is submitted for assistance it obtaining a copy of those mgrYlations, S. The prospeatavo recipient of federal assistance funds agrees by submitting this proposal that, should the proposod covered transaction be entered into, it shall not lmowir$ly enter into any lower tier covered transaction with a person wlro 'is debarred, suspended, declared ineligible, or voluntarily oxcluded from pard0patiorr in this covered transaction,unless Authorized by the,DOL. 6. Tho pwospecstive recipient of federM a""ssistanec funds£urthor agroas by submitaug this proposal that it will irtalude the clauso titled "Certificaatlon Regarding Debarment, Suspension, h1oligibility and voluntary oxclusioo -• Lower 'Pier Covered Traaasaotions," without modiiicataon, in all lower tier covered trarzactiom and in all solicitations for lower tier covered transactions, 7, A part oipatnt in a covered transaction may rely upon a oettifrcat ion of a prospective participant in It lower tier covered transaction that it is not debarred,suspended, ineligible„ or voluntarily excluded f nm the covered transaction, unless it 1£nows that the co rtiflcatlor is erroneous. A participant may decide tlrc method and Requeney by which it detormincs the eligibility of its principalar, Each participant may, but is not recpaired to chock the List of Rados Excluded.,from Pracurenient ot•Non Procurement 1'r s, 8. Nothing contained in Elie foregoing shall be construed to require establishment of a system of records in ardor to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exomd that which is normally possessed by a prcdent person in the ordlaary course of business dealings, 9. -Except for transactions Mliorized under paragraph 5 of these urstrractions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded p'orrr participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available -remedies,ha.cluding suspension and/or debarment. WIBIT C Page 2 of 2 City Council 8 - 32 10/7/2025 r Certification Regarding Lobbying CorCification for Ointracts , 'wits LWna , aril Cn�n z'.a#i re erxi�r►tis Tine undeftignod ceififies, to fho best of his of her l6owledge' and belidf, that: (1) 'No-Federal appropiiated:£uiids have beeix l,)aid.or wi.il be paid,by oT.on bobalf-ot'the wders;igiied,to-ony person'fQr iii Itietle'Ing'or atte iiituig do iiifizieiace an.officer or � aiiili 4ee of any agoncy, a-Merdber.of�.oxxgress, n�cgr,ox•eixipl�yee of Cvxi ss,or. a>?i eiiilaloyce of n,Nlembor of Congress-in conneetlon with the awarding of-any FedcrA otinti�act,.phi;i r king £�iiiy a�adpoi ive ngi'eei'vnt, And the e ter►sii>ti.,cozy#iituat o , I renewal,aineridiner t, or i�odificatiou vrf any Fodol*coiitaet, gram;loan or cooperative ' C agt;eeitzent. . - E (2) if'any fittids Ertl-ek tWn Federal a"ropr.iated funds,have been paid or w 111 N.paid-to auylreisaii. 'c r inklii xiGlzig fir lt�z iitiri t iflitnri�Go'hii.of r 1�iai e PlQyec of iy ` agenoy,al einber'ci `.Congrea ,..aii o cei r emp oy�i o Ct iigzess, i' n emiiloyee o.f-4 Member.or Covess-ii,cof tiedtiori.rv16 fli s Federal wnhabj,g0ut,loan; or cooperative agropmeiit,�lto;�trit�lers gnbd 6h'all complote ana gubi�t,$taAdl i:d7FtizM-LI.,I,, 'Plsclo,wu 'Foitiri to Report L,obbying,,r iri.ricGnr�lance..rvith itr�-instructions. - (3) The u ad ittgged shall mgaireti4at thgJ4gggagq o�ij is cer0l.eat on be'iawMeA.In tlic -avrrii-1 dcie kAn nts fa all AabawiiA nt sll'tier� (hieluding'subcontract,subgrants,acid co.tlL AW VAdot Wants,l08ria,.anc . oop� at yt!Qreeixignts).Ond fiat fill stibt:c4 1eots shall aeilify acid disclose:aocordingly, This 9PNI catloxi is'q vat xial:r ii enter cin O tac1 tipmn vvlixclx MI NWO W plaee� *hen#leis tir atisaction was.m.a€le.or entored..iiito. Submission of"'tlxis ceftif,cadlon is a prerequ te-form liig or_etitgxj4g'j.nvQ jWgtiauggctioii impos l.by9botivn fiM2,DMQ .S.Code. .A.ny,porsoii whv t'aits to rile the rqqu eil�ertifia7tioii slz��l be strbJect o: rt,ejVjl peiii}lty o�aiot less tliati'$10,OO6 and tot inbri;than=0,OU0-for each such i'nllLao. C!#y of Santa, lla/Publia, Woilcs ALcny Gxanteo/Cantactur Organ zatloxi Niibil Saba ,:t � . , f � )Zo�w Name of Ccil Eying Mer 'Sig,nature Date EXT BIT D Page-1 0f°2 City Council 8 — 33 10/7/2025 SU13RECTPMNT warrants the following; 1. SUBR.ECIPIENT will 001aaply with Public Law 88-352,Title VI of the Civil Rights Act of 1964(4-2 U. S. C. section 2000 et seq.) and implementing regulation.in 24 CYR hart 1. 2. No persori in the United States shall on the ground of race,colpr,religion,national origin, or sex,be excluded from partioipation in, or bo denied the benefits of;or be subjected to discrimination,-tinder any program or notivity Raided in,wlwlo-or in part with community development Rinds.made available pursuant to the ACT, 3. Ail laborors and medbanias, employed by contractors or subco�trwtoxs hi tlja performance of oonstructior,work financed in whole or In part with community- development Binds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davls-Bacon Aot,as amended,40 U. S.C, Sections 276 a 1-5,except for individuals who perform services for which they voluntowed; do not receive componsatlon for such services; or are Maid expenses,reasonable beneft,or a nominal foo for such saivices; and aro not otherwise omployed at any time in construction work, . 4. SUBREC PIPM will comply with all Federal statutes applicable to projects funded with community doVelopmeia hinds, except that(a)SUBRECIPIENT does not asswuo CITY',S envirownen.tal responsibilities described at 24 CPR 570,604; and(b) SUI3RHOPIENT does not assume CITY''S responsibility for initiating the reviow process under Exce a vo Order 12372. EXHIBIT D Page 2 of 2 City Council 8 — 34 10/7/2025 Certification Regarding Drug-Free Workplace &guiremaats The certification set out below Is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development In awarding the grant. If It Is later determiried that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act,the U.B. Department of Housing' and Urban Development, In addition to any oiher remedies available to the Federal Government, miay take action authorized under the Drug-Free Workplace Act, ERTIFICAT- ION A, The conka.otot certifies that It will provide a drug free workplace by: (a) ` Publishing a statement notifying employees that the unlawful manufacture, distribution,'dispensing, possession or use of a controlled substance is prohibited In-the contractor's workplace and specifying the actions that will be takon against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about— (1) The dangers of'drud abuse in the workplace; (2). The contractor's policy of maintalning a drug-free workplace; (3) Any available drug counseling, rehabilitation,and employos' assistance program; and (4) The penalties that may be impooed upon employees for drug abuse violations occurring In the workplace; (c) Making It a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a), (d) Notifying the employee in the statement required by paragraph-(a)that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring In the workplace no later than five days after such conviction. (e) Notifying the U,S. department of Housing and Urban Development within tern days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page I of 3 City Council 8 — 35 10/7/2025 (f) Taking one of the following nations, within 30 days of receiving notice under subparagraph-(d)(2), with respect to any employee who Is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requlri_ng such emplgyoe to particlpate satisfactorily in a drug abuse, jig rehabilitation' program approved for such purposes by a F(ideral, State, or,local health, law enforcement, or 'O.ther appropriate'agency; (g) Making a good faith effort'ta continue'to maintain a drug free workplace through Implementation of paragraphs(a), (b), (c), (d), (e) end (f). B. The contractor shah insert in the space provided on the attached "Place of, Performance"form toe sites)for the Performance of work to be carried out with the grant funds(including street address, city, county, state,and zip code),the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it small notify the U.S. Department of Housing and Urban Development Immediately upon the decision to use such additional sites by submitting a revised "Place of Performance"form. Orgy zatic� f . . 'Saex Authorized Signature bate 15XHISIT E Page 2 of 3 City Council 8 — 36 10/7/2025 PLACE OF PERFORMANCE FOR. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: Nabil. Saba Date: 2/14/22 The Contractor shall insert In the'space provided below the sites) expected to be' used for the performance of wank under the contract covered by the certification: Diane of performance (Include street address, city, county, state,Ap node for each alto): 20 Civic Center Plaza. Santa Ana,CA 92701 EXH1131T E Page 3 of 3 City Council 8 — 37 10/7/2025 AC" CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) �� 11/01/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Department Assured Partners of California-Santa Ana (949)261-5335 APAO o F ' -1911N Ext: ,No (949)261 2913 Pullman Street E-MAIL certificates.nb@assuredpartners.com ADDRESS: Lic#OM07762 INSURER(S)AFFORDING COVERAGE NAIC# Santa Ana CA 92705 INSURERA: Middlesex Insurance Company 23434 INSURED INSURER B: Starstone National Insurance Company 25496 PCN3,Inc. INSURER C: CM Vantage Specialty Insurance Company 15872 11082 Winner Circle#B INSURER D: INSURER E: Los Alamitos CA 90720 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25 GL,BA,UMB,WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDDNYYY) (MM/DDfYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE 8 RENTED CLAIMS-MADE XOCCUR PREMISES Ea occurrence $ 500,000 MED EXP(Anyone person) $ 5,000 A Y Y A0144715001 01/13/2024 01/13/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000 PRO LOC PRODUCTS F 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) S A OWNED SCHEDULED Y Y A0144715003 01/13/2024 01/13/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per... $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 A EXCESS LIAB CLAIMS-MADE A0144715002 01/13/2024 01/13/2025 AGGREGATE $ 5,000,000 DED I I RETENTION$ S WORKERS COMPENSATION /� SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N B ANY PROPRIETORIPARTNER/EXECUTIVE NIA Y T10240890 04l01l2024 04/0112025 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEM13ER EXCLUDED? Eyl(Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Excess Liability Each Occurrence $5,000,000 C Per Occurrence CMVEXL004516101 01/13/2024 01/13/2025 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 1.1,Additional Remarks Schedule,may be attached if more space Is required) ***Please see attached for additional coverages.`** RE:Renovation of Newhope Library(122 N Newhope St,Santa Ana,CA 92703)and Delhi Library(505 E Central Ave,Santa Ana,CA 92707) City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are named as Additional Insured on the GL per CG2037.0413 and CG2010.0413,Waiver of Subrogation per CG2404.0509,Primary Non Contributory per CG2001.0413.Automobile Additional Insured with Primary Non Contrubutory per CA7601.0615.Auto Waiver of Subrogation per CA0444.1013.Workers Compensation Waiver of Subrogation per WC040306.0484. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 — city Council 8 - 38 APPROVED 10/7/2025 ACORD 25(2016103) The ACORD name and logo are registered By Cynthia Mora at 2:01 pm, Nov 05, 202, EXHIBIT NO. 2 ,• . State of California-Department of Fish and Wildlife 2024 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a(REV.01/01/23)Previously DFG 753.5a =- ,,rinf.• 5tartOver Save < RECEIPT NUMBER: 30— 08/26/2024 — 0722 STATE CLEARINGHOUSE NUMBER(ffapplicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINTCLEARLY, LEADAGENCY LEADAGENCY EMAIL DATE CITY OF SANTA ANA 08/26/2024 COUNTY[KATE AGENCY OF FILING DOCUMENT NUMBER Orange �= 202485000732 PROJECT TITLE I I NEWHOPE AND DELHI LIBRARY IMPROVEMENTS PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF SANTA ANA,PUBLIC WORKS AGENCY (714 )647-5624 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE `. 20 CIVIC CENTER PLAZA(M-36) SANTA ANA GA. 92702 i PROJECT APPLICANT (Check appropriate box) [21 Local Public Agency ❑School District []Other Special District slate Agency Q Private Entity j CHECK APPLICABLE FEES: El Environmental Impact Report(EIR) $4,051.25 $ 0.00 ❑ Mitigated/Negative Declaration(MND)(ND) $2.916.75 $ 0.00 ❑ Certified Regulatory Program(CRP)document-payment due directly to CDFW $1,377.25 $ 0.00 F) Exempt from fee © Notice of Exemption(attach) ❑ CDFW No Effect Determination(attach) ❑ Fee previously paid(attach previously issued cash receipt copy) ❑ Water Right Application or Petition Fee(State Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit El Check ❑ Other TOTAL RECEIVED $ 0.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE X — CARINA HERRERA, DEPUTY I i i ORIGINAL-PROJECT A COPY-CDFW/ASB C a(Rov.o7ro1/2Q23y C`Ri Touncil 8 — 39 10/7/2025 i i 1 i Rec�rdeinfficial Records, Orange Goun Hu h Ngu err, Clerk-Recorder I IIIlll111i1 ll�ll111111111111111111� 1111111111111111111111111 ° FEE i R 0 0 1 5 1 8 8 6 $ ORANGE COUNTY 202485000732 3.49 pm 08/26124 CLERK-RECORDER 477 Vitlndx Z01 CEOA FILING COVER SHEET 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 Complete and attach this farm to each CI CA Notice mod with the County Clark-Recorder TYPE OR PRINT Cr_PARLY Prolect Tltte NEWHOPE AND DELHI LIBRARY IMPROVEMENTS Check Document being Filed: 0 Environmental Impact Report(EIR) 0 Mitigated Negative Declaration(MND)or Negative Declaration (ND) Notice of Exempfion(NOE) 0 Other(Please fill in type): FILED AUG 2 6 2024 i ORANGE couNTY ci.ERK-RECORI}ER DEPARTMENT BY. DEPUTY FILED IN THE OFFICE OF THE ORANGE COUNTY CLERK-RECORDER ON^"a"B M202a Posted for 30 days DEPUTY CARINA HERRERA Filing face are due at the time a Notice of DeterminatlonlExemption Is filed with our offlce.For more Information on filing fees and No Effect neterminatlons,Please refer to California Code of Regulatione,Title 14,section 753.E. City Council 8 — 40 10/7/2025 i i MAYOR INTERIM CITY MANAGER Valerie Amezcua ' s.,*; Alvaro Nuflez MAYOR PRO TEM :� Ia CITY ATTORNEY Thal Viet Phan t; Sonia R.Carvalho COUNCILMEMBERS I CLERK OF THE COUNCIL Phil Bacerra � Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez David Panatoza Benjamin Vazquez PUBLIC WORKS AGENCY 20 Civic Cenler Plaza(M-M) P.O.BOX 1988.Santa Ana,Califarnia 92702 (714)647-6690-Fax(714)647-6823 www.santa-ana.arg NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act(CEQA) Fee Exemption per California Government Code Section 6103 w. To: COUNTY CLERK From; City of Santa Ana County of Orange Public,Works Agency P.O. Sox 238 20 Civic Center•Plaza(M-36) Santa Ana,CA 92702 Santa Ana, CA 92702 Project Title: Newhope and Delhi Library improvements Project Number(s): 22.1802 and 22-1382 Project Location: 122 N Newhope St,Santa Ana,CA 92703&505 E Central Ave,Santa Ana, CA 92 City: Santa Ana County: Orange ER Number: ER-2024-82 Date of Approval: 08/22/2024 Project Description: The construction will include facility renovations. k i Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana,CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency FILED Exempt Status: ❑ Ministerial(Sec. 15268) AUG 2 6 2024 ❑ Declared Emergency(Sec. 16269(a)) ❑ Emergency Project(Sec. 15269(b through a)) ORANGE COUNTY CLERK-�RECOORDER DEPARTMENT ❑ General Rule(Sec. 15061(b)(3)1(5)) BY. L, t 1 DEPUTY 0 Statutory Exemption: m Categorical Exemption: 15301(b) Roason(s)Why Project is Exempt From CEQA: 15301 (b)consists of repair/maintenance of existing public facilitites. City Contact: Michael Ortlz Title; Principal Civil Engineer Telephone: (7f14)647-5624 Signature: Date: SANTA ANA CITY COUNCIL Valerie Amszcua ;C Ity*Wt R4at l Jossia Lopez Benjamin Vazquez g r 41 Phil Bacerra Johnathan RyagO/WQ,02.5 David Ponaloza Mayor Mayor Pro Tom,Ward 1 Ward 3 Ward 2 Ward a Ward 6 Ward 6 emazrun(&santa ene,nM tohan(a same ana om 'lasslelnoez/dlennte-enavra tyv6�giR¢a(c�santq,ana.om pbacerraLMs§nta-ana.oro laW"hemandezQsgnta-ana.ora_ daenalozaAsanta-anaarg - I Clf) O 2 � ■ � �\�\ \ \ q \\, ; g D \){ 04 , , , . Lli a C\l /16 §\� QC � ƒ/k LL � o co (�f® / (\, \ \ «\j\a \-. / to 'I)\ k ( ( (\ R . . . . . . co R \ \�\\i 2 k t � )®§ :\ w ± �A % 2 \% E35m w % ;}2)t 2 \{ /LU j{) &/\ =/y m m O / ` @2«a \ � � amk\ ! e LU CO , , , . § , , , , , . � ƒ cli N k / kLL LL z 'M 04 to S / q � LL / \}{ « ■ \/ \\ \ a.z \{\\ �) \ \ / j § ( \ \ / \ / CN R o7K � m / 6 « m m / M / r a _ @ ° m LL _ = G \ a 3 LU z \ ( {/ 3 & m to 3 LL 0 O /{± [ — = ;ram I \\\ ® � $k\ ) O ( O U= ; {{ R � < R U)ae § A Lu 6 F D \2 cc m LL e * z o / z < .o U b $ m / \ z \ w � R ®= % w / » 2 _ / # 2� � { w j / \ LU U 2 ® � j / s 7 CO d \ a \ \ / q ƒ \ / / i ® a w /z £ � ) — e Q \ \ t OE U w / LU � a ! _ F- � \ « U L) / w2 w ± 2 O w \ w f % W \ W / 0 I / a2 ao12 -j 2 \ . � City Manager's Office www.santa-ana.org/cm Item # 9 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: License Agreement with Bowers Museum for Digital Marquee Placement AGENDA TITLE License Agreement with Bowers Museum for Digital Marquee Placement RECOMMENDED ACTION Authorize the City Manager to execute a license agreement with The Charles W. Bowers Museum Corporation to grant the City use of a specific section of real property, located on the northeast corner of 1914 W. Main St., for placement of a digital marquee for a 10-year term, with provisions for an automatic 10-year extension. (Agreement No. A-2025-XXX) GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION On August 6, 2024, the City Council approved an agreement with Outdoor Dimensions, LLC, in the amount of$1,859,909, for installation of 6 (six) digital marquees at City parks and at Bowers Museum, as part of the Revive Santa Ana pandemic recovery initiative's Expansion of Critical Communications. This project, funded by the American Rescue Plan Act (ARPA), aims to deliver important information about City programs, events, news, and resources to residents. Approval of the license agreement with The Charles W. Bowers Museum Corporation (Exhibit 1) would allow the City to install the digital marquee at Bowers as part of the citywide digital marquee project. The license agreement grants the City the use of approximately 300 square feet of its property at the northeast corner of 1914 W. Main St. to install and operate the digital marquee. This includes an easement to access the license area to conduct repairs, maintenance, and/or improvements to the marquee. In return, the City would grant Bowers 10 percent of the digital marquee screen time to promote its programs, exhibitions, and events, including the availability of free admission for Santa Ana residents on Sundays and the free monthly festivals that it provides for the community. City Council 9 - 1 10/7/2025 License Agreement with Bowers Museum for Digital Marquee Placement October 7, 2025 Page 2 The license agreement is for a 10-year term, with an automatic 10-year extension and an annual renewal unless the City chooses to terminate the agreement. The timeframe of the digital marquee agreement approximately coincides with the timeframe and extensions for the current Bowers operating agreement with the City, which provides Bowers with the option for two 10-year extensions through April 30, 2036 and April 30, 2046. The following are Key Terms of the license agreement: Key Terms Term Initial term: 10 years from Commencement Date (first of month after marquee operational), and automatic one 10-year extension unless City gives 90-day termination notice. Hold-Over Period If City continues to occupy the Licensed Area after the expiration or termination of this Agreement, the holding over will constitute a yearly renewal or extension of the Agreement. End of Term City to transfer ownership, maintenance, utilities, and use of marquee to Bowers unless Bowers declines. If Bowers declines, City must restore site and release easement. Default Either party may terminate with 90-day notice if obligations not performed (plus 60-day cure if needed); Bowers can place City in default with 45-day notice for Use Requirements violations; City can place Bowers in default with 45-daynotice for interference. Location Licensed Area at 1914 N. Main St., APN 002-162-32. Approx. 300 s . ft. area for marquee + equipment. City Responsibility City installs, operates, and maintains the digital marquee. Bowers' Display Bowers receives 10% of display time at no cost, Time subject to City content review and emergency/public safety messages. Bowers' If Bowers sells/leases/develops Licensed Area Sale/Development obstructing view, Agreement terminates. Bowers must: (a) give 180-day notice; (b) reimburse City $229,620.37 + 3% CPI on labor cost $38,871.92 per year of operation; (c) remove marquee after project breaks ground or sale completes; (d) City has first right of refusal to retain marquee/screen/equipment Digital marquees have already have been installed and are operational at Centennial, Thornton, Delhi, and Jerome parks as part of this project. Approval of this item would allow the installation at both Bowers and Rosita Park to move forward. Alternately, as indicated in the August 6, 2024 staff report, should the marquee at Bowers not move forward, the City will prioritize the installation of a more costly double-sided marquee at City Council 9 - 2 10/7/2025 License Agreement with Bowers Museum for Digital Marquee Placement October 7, 2025 Page 3 Santiago Park and forgo the marquee at Rosita Park. Staff recommends approval of the license agreement, as the Bowers location was selected as the preferred site due to its visibility and placement near an important City asset (Bowers). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempt from further review. Categorical Exemption Environmental Review No. ER 2024-52 was filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Agreement 2. August 6, 2024 Staff Report Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nunez, City Manager City Council 9 - 3 10/7/2025 LICENSE AGREEMENT WITH BOWERS MUSEUM FOR DIGITAL MARQUEE PLACEMENT (1914 N. Main St. —APN #002-162-32) This License Agreement for Placement of a Digital Marquee ("Agreement") is entered into as of September 24, 2025, by and between The Charles W. Bowers Museum Corporation, a California nonprofit corporation ("Bowers" or "Bowers Museum"), 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" or "Licensee"). Bowers and City may be referred to herein collectively as the "Parties" or singularly as a"Party." WHEREAS, Bowers is the owner of certain real property located on the Northeast corner of 1914 W. Main Street, in Santa Ana, California; WHEREAS, City has identified a specific section of the aforementioned property which will be licensed for use pursuant to this Agreement ("Licensed Area" and as more fully described below and in Exhibit B); WHEREAS, City desires to install, operate, and provide ongoing maintenance of a new digital marquee ("Marquee") in the described Licensed Area and to construct certain improvements within the Licensed Area, as further described in the exhibits referenced below; WHEREAS, Bowers is willing to grant City a license to use the Licensed Area for the purpose stated subject to the requirements of this Agreement; and WHEREAS, Bowers is willing to grant City an easement to access the Licensed Area to conduct repairs, maintenance, and/or improvements to the Marquee from time to time and as may be needed. THEREFORE, in consideration of the following mutual covenants and conditions, it is hereby agreed as follows: 1. LICENSED AREA. The Licensed Area includes and is limited to the following areas: A. Approximately 300 square feet for the placement of the Marquee and supporting equipment enclosure used solely in connection with the Marquee, as described in Exhibit A ("Location Description") and Exhibit B ("Licensed Area"), attached hereto and incorporated herein. B. The Marquee will be consistent in size, placement and design as approved by the City in conformance with the "Design Concept" attached as Exhibit C, attached hereto and incorporated herein. 2. BOWERS' REPRESENTATIONS AND WARRANTIES. A. Bowers represents and warrants to City that: (1) Bowers has full right, power and City Council 9 - 4 10/7/2025 Page 1 of 13 authority to execute this Agreement; (2) Bowers has good and unencumbered title to the Licensed Area free and clear of any liens or mortgages,except those disclosed to the City that will not interfere with the City's right to use the Licensed Area. B. The Parties shall enter into and record with the County of Orange an easement to grant the City the right to access on enter the Licensed Area for the ongoing maintenance, repairs, and/or improvements to the Marquee. C. City has studied and inspected the Licensed Area and accepts the same "AS IS" without any express or implied warranties of any kind, other than those warranties contained in subsection (A) above, including any warranties or representations by Bowers as to its condition or fitness for any use, intended or otherwise. City has inspected the Licensed Area and the surrounding area and obtained all information and professional advice as City has determined to be necessary related to this Agreement. 3. GRANT OF LICENSE; TERM. A. Bowers grants to City a license to use the Licensed Area subject to the following provisions: (1) The term of this Agreement shall be from the Effective Date and then for a period of 10 years beginning from the first day of the month after the Marquee is constructed and ready for use, or fully operational ("Commencement Date"),unless sooner terminated as provided herein. The Parties shall provide written confirmation of the Commencement Date for its records. City shall be permitted to enter and commence work and prepare the Marquee for deployment for up to six months before the Commencement Date. Notwithstanding the above,the term of this Agreement shall be automatically extended for one additional 10-year period from the anniversary of the Commencement Date,unless City notifies the Bowers of its intent to terminate at least 90 days before the end of the initial 10-year term. (2) If City continues to occupy the Licensed Area after the expiration or termination of this Agreement, the holding over will constitute a yearly renewal or extension of this Agreement, and the conditions of use, detailed below,shall remain in place for the hold-over period. (3) Except as provided in subsection 4 below, at the termination of this Agreement, whether by expiration of term or City's election, City agrees to transfer the ownership, maintenance, utilities, and use of the Marquee to Bowers. If Bowers elects not to receive and maintain the Marquee following expiration of this Agreement, then City shall return the project site to its original state. City shall also release its easement back to Bowers. (4) If Bowers elects to lease or sell the Licensed Area, or develop the Licensed Area in such a manner that obstructs, impedes, or diminishes public view of City Council 9 - 5 10/7/2025 Page 2 of 13 the Marquee, the Agreement will automatically terminate and Bowers shall satisfy the following conditions: (a) Bowers shall provide City with a minimum of 180 days' notice of its intent to sell, lease, or develop the Licensed Area. (b) Bowers shall reimburse City for the cost of the Marquee in the amount of $229,620.37 within 30 days of termination of the Agreement. Additionally, a relocation and replacement CPI cost of 3% shall be added based on the project labor cost of 538,871.92 for each year of the Marquee's operation prior to its removal by Bowers. (c) There shall be no accounting for depreciation and/or diminished value of the Marquee. (d) Within 30 days following receipt of the $229,620.37, plus any applicable relocation and replacement CPI increases discussed above, City shall execute all necessary documents in order to release its easement over the License Area, as provided for in Section 2 above. (e) Bowers shall be responsible for removal and disposal of the Marquee, and shall bear all costs associated therewith. (f) Bowers shall not remove the Marquee until the planned development project has broken ground,or the sale or transfer of the property from Bowers to the new owner or lessor is complete. (g) Notwithstanding the above, City shall enjoy the first right of refusal to retain the Marquee, its digital screen, and any other equipment or items related to the Marquee following its removal by Bowers. 4. USE OF MARQUEE AND OTHER CONSIDERATIONS. A. As detailed herein, City shall grant Bowers display time for advertisements, to the public, as part of any current of future Bowers events or business. For its right to use the Licensed Area, City shall: (1) Accept and coordinate with Bowers all on-going advertisement slots consisting of 10%of display time on the Marquee. Displays of advertisement slots for Bowers shall be provided at no cost to Bowers,but must be reviewed by City staff prior to display to ensure compliance with City standards for appropriate content. (2) Bowers agrees and understands that time allotted to Bowers, per the section above, is subject to change to allow for any message the City considers immediately necessary for public safety. These messages will be considered of limited duration and coordinated between the City Manager, Chief of City Council 9 - 6 10/7/2025 Page 3 of 13 Police, Public Works Director, or their designees and City's local representative. 5. UTILITIES. City is responsible for obtaining and paying for all utilities necessary to operate the Marquee. 6. USE RESTRICTIONS. A. City's use and occupation of the Licensed Area shall conform to all of the following provisions: (1) City shall at all times use its commercially reasonable efforts to minimize any impact that its use of the Licensed Area will have on other uses that may be located within the Licensed Area. (2) City shall not remove, damage, or alter in any way any improvements or upon the Licensed Area without Bowers' prior written approval, which shall not be unreasonably withheld. (3) Whenever City disturbs any area outside the Licensed Area, as a result of its construction, maintenance, or use of the same, City shall promptly restore the City's property to the satisfaction of Bowers. If City fails to restore the Licensed Area as required, Bowers may take all actions necessary to restore the Licensed Area, and City shall pay on demand all reasonable costs of the restoration incurred by Bowers. (4) City shall use the Licensed Area solely for constructing, installing, operating, maintaining and repairing the Marquee. The Marquee is limited to the items listed in Section 1 above and any other items as may be approved by Bowers, at its sole discretion, in writing. (5) City has non-exclusive right for ingress and egress, seven days a week, 24 hours a day, for the construction, installation and maintenance of the Marquee which right shall be exercised so as to not unreasonably interfere with Bowers' operations. (6) City shall provide for an active, qualified and experienced representative to supervise the Marquee, and who is authorized to act for City in matters pertaining to all emergencies and the day-to-day operation of the Marquee. City shall provide the Bowers Engineer's Office with the names and contact information of the designated representative(s). (7) City shall operate and maintain the Licensed Area in an orderly and clean manner, and all facilities and equipment shall be kept in a well-maintained state at all times, including for landscaping. Bowers agrees that landscaping may not be necessary, but both Parties agree to defer the determination as to City Council 9 - 7 10/7/2025 Page 4 of 13 the necessity of landscaping until the Marquee is installed. If Bowers determines that landscaping will be necessary to enhance the visibility of the Licensed Area, then City will be consulted concerning the nature of the landscaping desired and will agree to all reasonable requirements and costs. If landscaping is installed, Bowers agrees to perform weed and trash control within the Licensed Area. (8) Bowers shall not install,operate or allow its agents,employees, or contractors to use any equipment,methodology or technology that may interfere with the optimum effective use or operation of Marquee. If interference occurs, Bowers shall, after written notice thereof, immediately discontinue using the equipment, methodology or technology that causes the interference until corrective measures are taken. Any corrective measures shall be made at no cost to City. (9) Except for the Marquee, City shall not install any signs in the Licensed Area other than required safety warning signs or any other signs as are requested or approved by City. City bears all costs pertaining to the erection, installation, maintenance and removal of all signs. 7. CITY'S IMPROVEMENTS: GENERAL REQUIREMENTS. A. The following provisions govern all improvements, repairs, installation and other construction,removal,demolition or similar work of any description by City related to the Marquee or the Licensed Area (collectively referred to as the "City's Improvements"): (1) City's Improvements must be designed and purchased at City's sole expense. In no event,including termination of this Agreement for any reason,is Bowers obligated to compensate or reimburse City in any manner for any of City's Improvements or other work provided by City during or related to this Agreement. City shall timely pay for all labor, materials and work and all professional and other services related to its operations within the Licensed Area and shall defend,indemnify and hold harmless Bowers against all claims brought against Bowers or caused by City, including liens, charges, and related claims. (2) City's Improvements shall be high quality, safe, modern in design and attractive in appearance. City shall provide design specifications and plans to Bowers for review. (3) City acknowledges that as of the Effective Date of this Agreement, Bowers has not approved or promised to approve any plans for City's Improvements, except to the extent expressly stated in this Agreement. (4) City may, at the written request of Bowers,provide final version of records of City's Improvements upon completion of the improvements and any changes to the same. City Council 9 - 8 10/7/2025 Page 5 of 13 (5) All changes to utility facilities will be limited to the License Area and be undertaken by City only with the written consent of Bowers, which consent shall not be unreasonably withheld, conditioned or delayed. (6) All of City's Improvements shall be designed so as to present uniformity of design, function, appearance and quality throughout and consistent with other improvements located in or near the License Area. (7) The following procedure governs City's submission to Bowers of all plans for the Licensed Area and City's Improvements, including any proposed changes by City: (a) City shall coordinate and update Bowers, as necessary, on significant design issues prior to the commencement of any City Improvements. (b) Upon execution of this Agreement,Bowers and City shall each designate a project manager to coordinate the Parties' participation and any required cooperation regarding the City Improvements. Each project manager shall devote such time and efforts to the project as may be necessary for timely, good faith and convenient coordination among all persons involved with the project and compliance with this Agreement. (c) No plans are considered approved until stamped "APPROVED" and dated by City's project manager. (d) Bowers acknowledges that its project manager's authority with respect to the Licensed Area is limited to the administration of the requirements of this Agreement. City is responsible to secure all zoning approvals, design revisions or other required utility approvals pertaining to the project. (e) Bowers' project manager will be reasonably available to coordinate and assist City in working through issues that may arise in connection with plan approvals and requirements. (f) City shall, in the submittal of all plans, allow adequate time for all communications and plan revisions necessary to coordinate scheduling of the City Improvements. (g) The Parties shall use reasonable efforts to resolve any design and construction issues to their mutual satisfaction but, in the event of an impasse for any reason, final decisional authority regarding all design and construction issues shall rest with City in its reasonable discretion. B. If any future use of Bowers property, within which the Licensed Area is located, and the future use necessitates relocation of City's electrical service or other communication or utility facilities, the relocation will be accomplished at the sole City Council 9 - 9 10/7/2025 Page 6 of 13 expense of City. S. CITY'S INITIAL CONSTRUCTION. No later than ISO days after the Effective Date, City shall install the Marquee in the Licensed Area in accordance with all of the specifications contained in Exhibit C. 9. MAINTENANCE. A. City shall, at its own cost, have all responsibilities for improvements to and maintenance of the Licensed Area during the term of this Agreement. B. City, at its expense, shall use commercially reasonable efforts in its sole discretion to minimize collateral, visual, and aesthetic impacts of the Marquee. Efforts shall include,but not be limited to,replacing existing equipment with smaller equipment, decreasing the area used to house supporting equipment, or decreasing the size of any wireless communications equipment. C. In the case of any vandalism/damage/broken technology, City will restore the Marquee to its original state within three business days or communicate any extenuating circumstances that may extend that timeline to Bowers Museum within that time frame. 10. CO-LOCATION and INTERFERENCE. A. Bowers agrees to not co-locate any billboard or digital marquee not owned by City within the Licensed Area. B. Bowers agrees not to erect or allow any other off-premise advertising structure(s), other than City's on property owned or controlled by Bowers within 1,000 feet of the Marquee. Bowers further agrees not to erect or allow any other obstruction, or any vegetation over which it has control, which may entirely or partially obstruct the street level or roadway view of the Marquee. C. Prior to permitting the installation by any third party in or around the Licensed Area of any additional equipment which may interfere with the City's operation of the Marquee, Bowers shall give City 30 days' written notice of the proposed additional equipment so that City can determine if the additional equipment will interfere with the Marquee. If City determines that interference is likely to occur,City shall,within the 30-day notice period, give Bowers a detailed written explanation of the anticipated interference, including any supporting documentation as may be reasonably necessary for Bowers to evaluate City's position. Bowers and City shall use reasonable efforts to resolve any interference problems before Bowers permits the third party to operate its proposed equipment. If a subsequent entity is permitted to operate in or near the Licensed Area, and the subsequent entity's operations interfere with City's Marquee (as operating and configured prior to the subsequent City's start of operations or any subsequent approved reconfiguration),then Bowers City Council 9 — 10 10/7/2025 Page 7 of 13 shall direct the subsequent entity to remedy the interference within 72 hours. If the interference is not resolved within this 72-hour period, then the subsequent entity will be required to cease its operations until the interference is resolved. These same procedures apply to (i) any interference caused by Bowers with respect to equipment existing and as configured on the Effective Date, and (ii) any Bowers equipment existing on the Effective Date which is later reconfigured so as to interfere with City's Marquee. 11. ASSIGNMENT. A. Bowers may assign this Agreement upon 60 days' written notice to City. City's written consent shall not be unreasonably withheld, conditioned or delayed. City may as a condition of consent, require that any assignee submit biographical and financial information to City along with the aforementioned written notice to City prior to any assignment of Bowers interest under this Agreement. B. Bowers may, upon notice to City, mortgage or grant a security interest in this Agreement and Marquee, and may assign this Agreement and Marquee to any mortgagees, deed of trust beneficiaries or holders of security interests, including their successors or assigns ("Mortgagees"), provided the Mortgagees agree to be bound by the terms of this Agreement. In this event, Bowers shall execute consent to leasehold or other financing as may be reasonably required by Mortgagees. C. Subject to subsections 11 (A) and (B), City shall not assign or sublease any of its interest under this Agreement, nor permit any other person to occupy the Licensed Area. 12. DEFAULT A. Either Party may terminate this Agreement by giving the other 90 days' written notice after the happening of any of the following events: (1) The failure of either Party to perform any of its obligations under this Agreement, if City fails to cure its default within the 90-day notice period. If the cure cannot reasonably be implemented within the 90-day period, then each Party will have up to 60 days to cure from the date of the original notice; however, each Party must initiate the cure within the original 90-day period and thereafter diligently pursue the cure. (2) The filing of any lien against the Licensed Area because of any act or omission of Bowers that is not discharged or fully bonded within 30 days of receipt of actual notice by Bowers. B. Bowers may place City in default of this Agreement by giving City 45 days' written notice of City's failure to abide by the Use Requirements in Section 4 of this Agreement. During the 45-day notice period,City shall cure the default;otherwise, Bowers may elect to immediately terminate this Agreement or to exercise any other City Council 9 — 11 10/7/2025 Page 8 of 13 remedy allowed by law or equity. C. City may place Bowers in default of this Agreement by giving Bowers 45 day's written notice of Bowers' failure to comply with the commencement of City Improvements, interfere with use by City of the Licensed Area for the use and maintenance of the Marquee, or any reasonable interference/use of the Marquee or Licensed Area as detailed in this Agreement. During the 45-day notice period, Bowers shall cure the default; otherwise, City may elect to immediately terminate this Agreement or to exercise any other remedy allowed by law or equity. D. Upon the termination of this Agreement for any reason, all rights of City shall terminate. 13. TERMINATION GENERALLY. A. Either Party may terminate this Agreement at any time that it is not in default in its obligations by giving the other Party written notice after the happening of any of the following events: (1) Issuance by a court of competent jurisdiction of an injunction in any way preventing or restraining City's use of any portion of the Licensed Area and the injunction remaining in force for a period of 30 consecutive days. (2) The inability of City to use any substantial portion of the Licensed Area for a period of 30 consecutive days due to the enactment or enforcement of any law or regulation or because of fire, earthquake or similar casualty, or Acts of God or the public enemy. (3) Upon 90 days' written notice, if the Licensed Area or the Marquee is unacceptable under City's design or engineering specifications for the Marquee. (4) If the Licensed Area or Marquee are destroyed or damaged so as in either Party's reasonable judgment to substantially and adversely affect the use of the Marquee. B. City may also terminate this Agreement upon giving 45 days' written notice in the event that the Marquee becomes partially obstructed in any way from a distance of 500' or less and, in City's opinion,the obstruction renders the use ineffectual for the purpose desired, or the continued use of the Marquee becomes not economically feasible. C. If City is prevented from constructing or maintaining the Marquee, City may elect to terminate this Agreement upon written notice. D. City understands that termination of this Agreement for any reason does not guarantee the grant of any other or substitute License Area. 14. INDEMNIFICATION. A. Bowers shall indemnify, defend, and hold harmless City, and its respective agents, City Council 9 — 12 10/7/2025 Page 9 of 13 representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims,demands,judgments,losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to its breach or default in the performance of any of its obligations under this Agreement; provided, however, that Bowers will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Parry by reason of any such claim, Bowers, upon receipt of written notice from Covered Party, shall defend the same and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. B. City shall indemnify, defend, and hold harmless Bowers, and its respective agents, representatives, employees, subsidiaries and affiliates ("Covered Parties") from and against any and all actions, suits, claims,demands,judgments,losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to City's use of the Licensed Area,the entry by any Licensee Party on the Licensed Area or surrounding property, or Bower's breach or default in the performance of any of its obligations under this Agreement;provided,however,that City will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, City, upon receipt of written notice from Covered Party, shall defend the same and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. C. The provisions of this Section shall survive the termination or expiration of this Agreement. 15. DAMAGE OR DESTRUCTION. Bowers has no obligation to reimburse City for the loss of or damage to fixtures, equipment or other personal property of City, except if such loss or damage is caused by the negligence or fault of Bowers or its officers, employees or agents. 16. SURRENDER OF POSSESSION. Upon the expiration or termination of this Agreement, City's right to occupy the Licensed Area and to exercise the privileges and rights granted by this Agreement shall cease, and it shall remove the Marquee and restore the surface of the License Area to its original condition. Unless otherwise provided herein, all trade fixtures, equipment, and other personal property installed or placed by City on the Licensed Area remain the property of City, and City may, at any time during the term of this Agreement, and for an additional period of 90 days after its expiration, remove the same from the Licensed Area. City Council 9 — 13 10/7/2025 Page 10 of 13 17. NOTICE. Any notices, requests, or approvals given under this Agreement from one Party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other Party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza(M-31) P.O. Box 1988 Santa Ana, California 92702 To Bowers: The Charles M. Bowers Museum Corporation Attn: John S. Cha (jcha(a&JMBM.com) General Counsel 2002 N. Main Street Santa Ana, CA 92706 18. SEVERABILITY. If any provision of this Agreement is declared invalid by a court of competent jurisdiction, the remaining terms shall remain effective, provided that elimination of the invalid provision does not materially prejudice either Party with regard to its respective rights and obligations; and in the event of material prejudice, then the adversely affected Party may terminate this Agreement. 19. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. City Council 9 — 14 10/7/2025 Page 11 of 13 20. RIGHT OF ENTRY RESERVED. A. Bowers may, at all times, enter upon the Licensed Area for any lawful purpose, provided the action does not unreasonably interfere with City's use or occupancy of the Licensed Area. B. Without limiting the generality of the foregoing, City and any furnisher of utilities and other services may, at their own cost, maintain existing and future utility, mechanical, electrical and other systems, enter upon the Licensed Area at any time to make repairs, replacements or alterations that may, in the opinion of City, be necessary or advisable, and from time to time to construct or install over, in or under the Licensed Area systems or parts and, in connection with any maintenance, use the Licensed Area for access to other parts in and around the Licensed Area; provided that in the exercise of these rights of access, repairs, alterations or new construction, Bowers does not unreasonably interfere with the use and occupancy of the Licensed Area by City. 21. ENTIRE AGREEMENT, WAIVER, AND AMENDMENTS This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the Parties with respect to the subject matter of this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the Party to be charged. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Bowers. 22. EXECUTION IN COUNTERPART. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the Parties hereto,notwithstanding that both Parties are not signatories to the original or the same counterpart. [Signatures on following page] City Council 9 — 15 10/7/2025 Page 12 of 13 ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: BOWERS MUSEUM SONIA R. CARVALHO City Attorney B onathan T. Martinez By: SEA O'HARROW Assistant City Attorney Title: PRESIDENT & CEO City Council 9 — 16 10/7/2025 Page 13 of 13 EXHIBIT A LOCATION DESCRIPTION City Council 9 — 17 10/7/2025 EXHIBIT "A" LEGAL DESCRIPTION FOR EASEMENT IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA THAT PORTION OF LOT 2 OF BLOCK "A" OF THE RE-SUBDIVISION OF BLOCK "A" AND "B" OF THE ORANGE GROVE TRACT, AS PER MAP RECORDED IN BOOK 1, PAGE 14 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID LOT 2, SAID POINT BEING DISTANT 38.71 FEET NORTHWEST FROM THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88°44'54" EAST ALONG SAID NORTH LINE 21.00 FEET; THENCE SOUTH 39°52'36" EAST 08.57 FEET; THENCE SOUTH 01°52'06" EAST 19.39 FEET; THENCE NORTH 44°23'08" WEST 36.97 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL AREA OF 326.18 SQUARE FEET, MORE ORdow— SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS, AND ANY OTHER RIGHTS OF RECORD. III EXHIBIT"B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. THIS DESCRIPTION WAS PREPARED Y OR UNDER MY DIRECTION: ANDERSON CHRYSOSTOMO, L.S. 9216 DATE PAGE 1 OF 1 City Council 9 — 18 10/7/2025 EXHIBIT " B " PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR EASEMENT S W Q TWENTIETH STREET U —_—_ (S88 44'54"E ) _ cw POB(� _ _ - - - -� — I NEC OF I FL OT 2 — — — OT 2 of LLJ 04 I LLJ � I i .65$ I I YJ z - - - - - — 33.0O'� Q - - _ LOT 1 I— J I I I I� 45.00'— j w 0 ® I iLn I io — — — — — — — — — — — V) LINE TABLE NO. BEARING DISTANCE L1 S88°44 ' 54 "E 21 . 00' L2 139°52' 36"E 08. 57 ' L3 S01 °5-2 6"E 19. 39' L4 N44-23' 08"W 36. 97' LEGEND: ® EASEMENT AREA 326. 18 SQUARE FEET 1D STREET EASEMENT (EXISTING ) INST. 86-319846, O.R. City Council 9 — 19 10/7/2025 PAGE 1 OF 1 EXHIBIT B LICENSE AREA City Council 9 — 20 10/7/2025 V 2 0 T H STREET 21, d, Ia ui Lli .q -77 r , 10 # I `,� EXHIBIT C DESIGN CONCEPT City Council 9 — 22 10/7/2025 J 5 w yyyx y � Ww ~ tz �wcx�G G Z LL Q� o d O oFQr Y u LU w . Z 3�Fa mo 'y` x z �w z x yU2mo ¢ U� o WI - Z 5 zF w a c S W r-¢soya o= �mO x w 3 < r_�ydLL u <Q X wza oW� C,a y2�sQq c� oLL� �iS ^z v,wm O x El ❑ ■ a UU'n���n N Un<aiy atriw¢F LL El El El 0 � F]Sr 0 0 a bS N � o 0- ❑-, AIA t ;1 7 W� d OF + •;fr ��� V1 s> + w En A LU y Q w } z O m z LL d a �• Z a Z � a ST o U `'- s; ua d Z $ae zwa ¢ a p a yga 0' 0 a LA' W ru U z ';`a, T731813313 i Q � -- °N 3a ❑Z Uj a Q❑ 5� a City Council 9 — 23 10/T2025 r- a Z4 c o v]h c w , d 1- wQ� C a o {"r-' m ca.� z y z ' v _ Z �.w.�� owm i umi Im- d m �Z�i ¢ 3 Y LW Cm ¢Zm �mR J a H RE m w oou~ C diVJ `tea¢ ac c�i� ¢ Z F '=`J• ■ � � u "'z�r- � LL i < } ao W �=Mi w 3 W QQm ¢ m m = ¢ ~} W o¢y o W W LLLLx ¢c�'..Z� wo m x 3=� a }Z w 6"yx ao w ¢ c'�� 'y 0 7 maw oQow ma y a za 3 vix �O y Q�cn�w y doiow mZ m sw awx Ywo o m Li ❑ ■ Zv ¢ - c.,o"., -c��c= 'QOX�i yzo ao mo rn¢ o o m¢ z w zc°z�iy a wN�y a2 H El El El El El ❑: �lM wa LO CO = t W ® rs 4 I w o � d to h Q '• Z N Q Z • a Lf 0 L - Lam'' a.• .p. p?..°t a U . v -rT ---- n •b ,° Est z a h m cc N oz - o0 zLLI a C C❑ 5 City Council 9 — 24 10/7 2 Community Development Agency www.santa-ana.org/cd Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Rental Registry Software for the Rent Stabilization and Just Cause Eviction Ordinance AGENDA TITLE Agreement with OpportunitySpace Inc. dba Tolemi for a Rental Registry Portal to Enforce the Rent Stabilization and Just Cause Eviction Ordinance (Spec. 25-073) (Non- General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with OpportunitySpace Inc. dba Tolemi to implement, operate, and maintain a Rental Registry portal in a total amount not to exceed $580,000 for a three-year term beginning October 7, 2025, and expiring October 6, 2028, with provisions for two one-year extensions (Agreement No. A-2025- XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION Ordinance NS-3052, known as the Rent Stabilization and Just Cause Eviction Ordinance ("Ordinance"), required the creation of a Rental Registry, defined as "the database or portal where Landlords register Rental Units, update Rental Unit information, update Tenancy information, submit notices, and pay the Rental Registry Fee," effective July 1, 2023. The Rental Registry is the primary tool for the City of Santa Ana ("City") to administer and enforce the provisions of the Ordinance, including the tracking, monitoring, and revision of annual rent increases and just-cause evictions. On February 7, 2023, the City Council approved an agreement with 3Di Inc. (Agreement No. A-2023-011) to implement, operate, and maintain the Rental Registry after soliciting and awarding Request for Proposals ("RFP") No. 22-156 in December of 2022. The City's Agreement with 3Di Inc. will expire on January 31, 2026, and the Agreement does not allow for extensions. RFP No. 25-073 was issued on April 29, 2025 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: City Council 10 — 1 10/7/2025 Rental Registry Software for the Rent Stabilization and Just Cause Eviction Ordinance October 7, 2025 Page 2 Count Action 896 Vendors Notified 1 Santa Ana vendor notified 26 Vendors downloaded the RFP packet 6 Proposals received 0 Proposals received from Santa Ana vendors Proposals were solicited, opened on May 27, 2025, and evaluated. Six (6) proposals were submitted by the RFP deadline and four (4) were determined to be responsive to the specifications and met the City's requirements. The proposals submitted by Autocene Government Solutions Inc. and FSH Technologies were deemed non- responsive because they did not meet the formatting requirements and minimum qualifications of the RFP specifications. An evaluation committee of Rent Stabilization Division staff reviewed and rated the proposals according to the criteria listed in the RFP. The following list summarizes the responsive firms and their rankings: Firm Rank Score OpportunitySpace Inc. dba Tolemi 1 91.00 3Di Inc. 2 85.80 Pasadena Consulting Group LLC 3 84.80 Intellect x Inc. 4 79.80 Staff recommends awarding an agreement to the highest-ranked firm, Opportunity Space Inc. dba Tolemi (Exhibit 1). Tolemi is a trusted provider of custom civic software applications with more than 100 municipalities nationwide contracting their services. They provide specialized solutions for rental registry software and Tolemi's platforms are becoming the software of choice for cities with similar Ordinances such as the City of Berkeley, the City of Half Moon Bay, and the City of Salinas in California. Their references expressed enthusiasm about continuing services with Tolemi into the foreseeable future. Tolemi's Software as a Service ("SaaS") product will increase the operational efficiency of the City by supporting more advanced compliance methods, increasing compliance rates, transforming business practices, reducing manual data processing errors, providing flexible reporting capabilities, providing a simple and intuitive user interface, and meeting changing demands as enforcement of the Ordinance evolves. The potential for increased operational efficiency is demonstrated by Tolemi's robust technical capabilities and excellent customer service. The system will allow the City to implement a centralized communication platform where public users can directly respond to and complete certain business process requests through the system interface. The direct interaction will bypass the need to use separate platforms for compliance communication and tracking. Their customer service, both for public users and administrators, will allow for the quick resolution of concerns and minimize delays in implementing, performing, and completing routine and new business processes. Staff expects this level of product and vendor support will benefit both staff and the public in City Council 10 — 2 10/7/2025 Rental Registry Software for the Rent Stabilization and Just Cause Eviction Ordinance October 7, 2025 Page 3 facilitating, maintaining, and increasing compliance with the requirements of the Ordinance. FISCAL IMPACT Funds are budgeted in the Fiscal Year 2025-26 budget under the following account. Subsequent fiscal year funding will be included in the proposed budgets for City Council consideration. The first-year contract amount for Fiscal Year 2025-2026 includes $108,000 annual service fee and a $40,000 one-time implementation fee. Contract amounts for subsequent fiscal years are annual service fees of$108,000. Fiscal Account Unit - Fund Accounting Unit, Amount Year Account # Description Account Description 18518700- Rent Rent Stabilization — 2025-2026 66511 Stabilization Computer Software $148,000 Subscription 18518700- Rent Rent Stabilization — 2026-2027 66511 Stabilization Computer Software $108,000 Subscription 18518700- Rent Rent Stabilization — 2027-2028 66511 Stabilization Computer Software $108,000 Subscription 2028-2029 18518700- Rent Rent Stabilization — (Optional) 66511 Stabilization Computer Software $108,000 Subscription 2029-2030 18518700- Rent Rent Stabilization — (Optional) 66511 Stabilization Computer Software $108,000 Subscription Grand Total $580,000 EXHIBIT(S) 1. Consultant Agreement for OpportunitySpace Inc. dba Tolemi Submitted By: Michael L. Garcia, Executive Director, Community Development Agency Approved By: Alvaro Nunez, City Manager City Council 10 — 3 10/7/2025 EXHIBIT 1 AGREEMENT FOR RENTAL REGISTRY SOFTWARE BETWEEN OPPORTUNITYSPACE, INC. DBA TOLEMI AND CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between OpportunitySpace Inc. dba Tolemi ("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 April 29, 2025, the City issued a Request for Proposal No. 25-073 ("RFP"), by which the City sought a consultant having skill and knowledge in the field of providing specialized and custom software services for a rental registry digital database B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide such services to the City as described in the scope of work that was included in the RFP. The RFP is referenced herein as if incorporated in full. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set 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 City, the rates and charges identified in Compensation -Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed S580,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to Page 1 of S #20 City Council 10 — 4 10/7/2025 EXHIBIT 1 deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to two 1-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Insurance Requirements- Exhibit C. Page 2 of S #20 City Council 10 — 5 10/7/2025 EXHIBIT 1 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence,recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent,trademark, or copyright infringement,including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such Page 3 of 8 #20 City Council 10 — 6 10/7/2025 EXHIBIT 1 information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in Page 4 of S #20 City Council 10 — 7 10/7/2025 EXHIBIT 1 subsections (b) and (c) above. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Page 5 of 8 #20 City Council 10 — 8 10/7/2025 EXHIBIT 1 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk 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: Page 6 of 8 #20 City Council 10 — 9 10/7/2025 EXHIBIT 1 Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 To Consultant: Dan Marconi Vice President of Sales OpportunityS pace Inc. dba Tolemi 295 Devonshire St 4t'Floor Boston, MA 02119 dan&tolemi.com (781) 208-8444 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 7 of 8 #20 City Council 10 — 10 10/7/2025 EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: Dan Marconi(Sep 17,2025 12:01:12 EDT) Andrea Garcia-Miller Dan Marconi Assistant City Attorney Vice President of Sales RECOMMENDED FOR APPROVAL: Michael Garcia Executive Director Community Development Agency Page 8 of 8 #20City Council 10 — 11 10/7/2025 EXHIBIT 1 EXHIBIT A SCOPE OF SERVICES #20969 City Council 10 — 12 10/7/2025 EXHIBIT 1 'r CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES GENERAL REQUIREMENTS 1. Establish a rental unit database where landlords and/or their designated representatives can register their rental units by submitting and updating information about their rental units, tenants and notices, and by paying the City's rental registry fee. 2. Contain a workflow platform where Rent Stabilization Division staff can track, edit, update, and comment on Rental Unit information, and conduct operational processes such as: a. Registration, b. Exemptions, c. Administrative hearings, d. Mediation, and e. Eviction review. 3. Possess general controls and features for: a. User management, b. Customizable reporting functions for both rental units and payments, c. Random sampling of data variables (for internal audits), d. Information search (individual and business names, addresses, email, and phone numbers), e. Live tracking of key performance indicators (KPI's), and f. Integrated technical support from the vendor. 4. Establish and maintain billing workflows to include: a. Creating invoices, b. Calculating registration fees, c. Applying special fees, and d. Directly integrate or exchange data with City's payment processor to accept and record online and in-person payments via POS. TECHNICAL REQUIREMENTS 1. Solution must be cloud-based (PaaS, IaaS, or SaaS) and hosted from within the continental United States. 2. Ensure support for multiple browsers(Microsoft Edge Chromium Edition, Google Chrome, Firefox, and Safari browsers) and their versions, and multiple operating systems in desktop or scalable mobile formats (i.e. tablet, smartphone laptop, etc.) without needing any browser plugins or IE 11 mode support. a. Contractor must disclose if there are limitations in specific browsers or if there are preferred browsers. 3. Support Section 508 Accessibility Standards. 4. Responsive UI that is WCAG 2.1 Level AA UI compliant 5. Host and access system through a City subdomain URL 6. Ability to provide SSL/TLS certificate to secure subdomain without using city owned certificate such as AWS Certificate Manager 7. Subdomain must comply with ISO/IEC 27001 - 27799 as applicable, or successor standards thereto 8. Ability to upload documents and records into system 9. Contain or implement security measures to protect the confidentiality and integrity of information on record which includes but not limited to: city oQjjykCAomnciI RFP No.25-o179 — 13 10/7QR215 of 34 EXHIBIT 1 'r CITY OF SANTA ANA a. Utilizing session timeouts b. Allow viewing of data to authorized persons c. Placing view/read limits for defined users showing only a limited subset of account data d. Allowing edit/write permissions for defined users e. Encrypting sensitive information including passwords at the database and system level f. Masking data at the user and application level g. Enabling the selection of system administrators 10. Ability to establish security access thresholds between different users 11. Possess the ability to export financial records or contain a General Ledger interface that communicates or is compatible with the City's existing or future financial system. a. Additional reporting capabilities that summarize and detail specific fees or charges is required. 12. Ability to generate invoices or billing statements with City-specified fees and generate a Magnetic Ink Character Recognition ("MICR") line on each invoice for simplified remittance processing. a. Software must support multiple fonts, and the ability to place scan line at a specific location on invoice, payment coupon, or any printable document, making them suitable for OCR processing. 13. Support authentication using SAML 2.0. 14. Provide continuous updates or allow for the configuration of rules within the system to meet the City's changes in legislative requirements, technology needs, and operational demands, in addition to complying with Federal and State of California laws and regulations. 15. SOX 2 Type 2 compliance 16. Automatic system backup with daily continuity and disaster recovery 17. Online payment portal must accept credit card, or ACH/EFT, and must integrate with City- approved payment processor. The City utilizes the following merchant processors: a. TSYS Merchant Solutions, LLC, b. Global Payments Integrated, Inc., c. OpenEdge, d. JP Morgan Chase Paymentech, and e. EPX (Electronic Payment Exchange) 18. Online payment portal must be PCI Compliant 19. Issue a paper receipt or an online receipt upon receiving a completed payment. 20. The ability to integrate with the City's Treasury Services payment modules (currently System Innovators iNovah application & City of Santa Ana's PAY application). 21. Automatically export payments received through the system on a recurring schedule, and transmit the data using City-defined file format. 22. Automatically receive payment file on a recurring schedule and process the payments contained within the City-defined file format through the system. SYSTEM REQUIREMENTS 1. Each Rental Unit must record the following information: a. Address of each Rental Unit, including a unit identifier such as a number or letter b. Assessor Parcel Number(APN) associated to each Rental Unit that links Units located at an APN to Property Owner/ Manager c. Legal name, mailing address, email, and phone number of the Property Owner and authorized representative(s) d. Date and amount of previous Rent, Rent Increase, and new/effective Rent e. Initial date of tenancy for current Tenant city oQjytCAwnc1I RFP No.25-o170 — 14 1 ORQ921$of 34 EXHIBIT 1 'r CITY OF SANTA ANA f. Log of Rental Notices and Documents g. Information about Rental Unit characteristics h. Rental Unit Residency Status (Vacant, Compliant, Exempt, Eviction Pending) i. Rental Unit Type (Single-family, Condominium, Multi-family, Mobile-home) j. Administrator records including comments or notes for individual rental units and/or entire properties 2. Public-access interface to display limited read-only information about registration compliance status, rent, and petition / eviction histories for non-registered users. a. Non-registered users must have the ability to contest the stated information through the system. 3. Allow City staff to directly access and edit accounts while keeping record of all edits made within the system. 4. Support a carryforward function to carry unpaid balances forward into future registration years and allow for City staff to write off unpaid balances to a collections agency. 5. Impose a fee for payments returned as a result of insufficient funds. a. Currently, payments are handled outside of the rental registry; however, fees for insufficient funds must be recorded and collected for any future attempts to submit payments. These fees must be reflected on future invoicing. 6. Automatically generate and place warnings and/or holds on noncompliant accounts as a result of delinquency, account expirations, returned payments, partial payments not approved, and other City-defined characteristics. 7. Automatically generate alerts for certain user actions (excessive rent increase submission) 8. Apply the City of Santa Ana logo and other branding elements where appropriate. OPTIONAL SYSTEM FEATURES 1. Ability to send direct outbound emails without City SMTP resources to support mass or targeted email campaigns 2. Ability to redirect direct inbound emails to City email without City SMTP resources to allow for mass or targeted email responses 3. Allow staff to adjust payments (e.g. payment submitted to wrong account or when fee and adjustments are needed) with record of transactional changes within the system. 4. Allow users to schedule alerts delivered through user email or phone number for certain user actions 5. Support SMS/text messaging communication between users and administrators 6. Allow information tooltips on user interface IMPLEMENTATION REQUIREMENTS 1. Migrate all existing records from the City's current registry, including but not limited to: a. Rental unit information, b. Contact information, c. Documents, d. Administrator notes, e. Action and f. Case histories. 2. Migrate all usernames from current users of the City's current registry 3. Full implementation, release, and acceptance required by late-2025. 4. Proposer must provide projected software customization, testing, data migration, implementation, parallel operation and final release and acceptance timelines. city oQjJytCAomnc1I RFP No.25-o170 — 15 10/7QR215 of 34 EXHIBIT 1 'r CITY OF SANTA ANA 5. Provide unlimited phone and email support to the City of Santa Ana during the City's regular business hours. a. The City operates from 7:30 A.M. — 5:30 P.M. Monday through Thursday, and 8:00 A.M. — 5:00 P.M. every other Friday. 6. Emergency support after regular business hours must also be made available and may be charged separately. 7. The ability to provide remote support is ideal. 8. The ability to view Support and Enhancement Requests (including individual and City-wide request tickets) via reports and/or portal access is required. The selected firm will provide prompt ongoing maintenance and operational support through system software updates including bug fixes and patches, system recovery from errors and/or downtime, and other technical support to improve the functionality and use of the rental registry. a. As part of their proposal, bidding firms must provide estimates of how long it will take to complete support tasks. 9. Provide a testing environment for implementation of the new system. a. The testing environment must remain available at all times during the term of the contract. 10. Proposer must own, lead, manage, and coordinate all aspects of the project to migrate from the City's current registration software to the awarded application. 11. Proposer must own and manage the entirety of the historical data conversion from the current system to the awarded application. 12. Contractor is responsible for the cleaning, extraction, translation, and uploading of the City's data. a. The data to be included is all historical data in the City's current registry up until the production cutover date. b. The converted data will be available in the new application in a format that is similar or improved in capability, productivity, and efficiency as the intended usage in the current system. 13. City staff's responsibility will be limited to providing general feedback on the data conversion. 14. Contractor must provide comprehensive software training that includes, but is not limited to, end- user training with training manuals for all back-office users and administrator/configuration training with training manuals (up to 10 users). a. No train-the-trainer approach shall be utilized by the vendor. city oQjJykCAomnciI RFP No.25-ol7Q — 16 10/7QR215 of 34 EXHIBIT 1 EXHIBIT B COMPENSATION #20969 City Council 10 — 17 10/7/2025 EXHIBIT 1 CAST PROPOSAL Year Subscription Implementation Totai Year 1 $108,00o $ 40,000.00 $148,000.00 Year 2 $108,000 S - $108,000.00 Year 3 $108,000 S - $108,000.00 Year (optional) $108,000 S - $108,000.00 Year 5 (optional) $108,000 S - $108,000.00 Because physical mail involves variable costs such as stamps, envelopes, and paper, Tolemi charges a per-letter fee to cover these expenses. Tolemi will generate and mail single-page letters on behalf of the city at a rate of$1 .00 per letter. City Council 10 — 18 10/7/2025 EXHIBIT 1 EXHIBIT C Insurance Requirements Consultant shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE Consultant shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: • Commercial General Liability(CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal &advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. • Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. • Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Consultant has no employees. • Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, City Council 10 — 19 10/7/2025 EXHIBIT 1 and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant for City. 3. All required insurance policies: For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Marc Flores, 20 Civic Center Dr. M-73, Santa Ana, CA 92701. The name and location of the event should be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. City Council 10 — 20 10/7/2025 EXHIBIT 1 Subcontractors Consultant shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. City Council 10 — 21 10/7/2025 EXHIBIT 1 Agreement for Rental Registry Software - Tolemi Final Audit Report 2025-09-17 Created: 2025-09-17 By: Marc Flores(mflores15@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAAD-3NR9YP_NSgj03HDmb3dl_dCUEaprG5 "Agreement for Rental Registry Software - Tolemi" History Document created by Marc Flores (mflores15@santa-ana.org) 2025-09-17-1:08:46 AM GMT Document emailed to Dan Marconi (dan@tolemi.com)for signature 2025-09-17-1:08:52 AM GMT Document emailed to Michael Garcia (mgarcia15@santa-ana.org) for signature 2025-09-17-1:08:52 AM GMT Email viewed by Dan Marconi (dan@tolemi.com) 2025-09-17-3:58:31 PM GMT Document e-signed by Dan Marconi (dan@tolemi.com) Signature Date:2025-09-17-4:01:12 PM GMT-Time Source:server Email viewed by Michael Garcia (mgarcia15@santa-ana.org) 2025-09-17-5:29:17 PM GMT Document e-signed by Michael Garcia (mgarcia15@santa-ana.org) Signature Date:2025-09-17-5:29:59 PM GMT-Time Source:server Agreement completed. 2025-09-17-5:29:59 PM GMT Ado i y ouncl • 10 — 22 10/7/2025 Finance and Management Services www.santa-ana.org/finance Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Paper and Janitorial Products AGENDA TITLE Purchase Order Contracts to American Sanitary Supply Inc., Imperial Bag & Paper Co. LLC dba Imperial Dade, Signal Hill Auto Enterprises Inc. dba Supply Solutions, and Veritiv Operating Company for Paper and Janitorial Products (Specification No. 25-115) (General Fund & Non-General Fund) RECOMMENDED ACTION Award Aggregate Purchase Order Contracts to vendors listed below for paper and janitorial products on an as-need basis in an annual aggregate amount not to exceed $315,645, for an initial one-year term expiring on October 6, 2026, with provisions for four, one-year renewal options, for a shared aggregate amount not-to-exceed total amount of$1,578,225. Vendor Location American Sanitary Supply Inc. Brea, CA Imperial Bag & Paper Co. LLC dba Imperial Dade Loma Linda, CA Signal Hill Auto Enterprises Inc. dba Supply Solutions Fullerton, CA Veritiv Operating Company Downey, CA GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Purchasing Division establishes annual citywide purchase order contracts with vendors that provide goods and services required by multiple City departments on a recurring basis. American Sanitary Supply Inc., Imperial Dade, Supply Solutions, and Veritiv Operating Company provide a variety of paper and janitorial products with short lead times and at a competitive price for facilities throughout the City. Various departments rely on these contracts to order supplies as needed, ensuring uninterrupted daily operations of their facilities. Invitation for Bids (IFB) No. 25-115 was issued on August 19, 2025, on the City's online bid management and publication system. A summary of vendor participation and results is as follows: City Council 11 — 1 10/7/2025 Paper and Janitorial Products October 7, 2025 Page 2 257 Vendors notified 13 Santa Ana vendors notified 40 Vendors downloaded the bid packet 15 Responsive Bids received 0 Responsive Bids received from Santa Ana vendors Bids were solicited, opened on September 5, 2025, and evaluated (Exhibit 1). Fifteen bids were submitted by the IFB deadline and were determined to be responsive to the specifications and met City's requirements. Recommended award is based on lead times, pricing, and availability of products. Some vendors submitted a base bid but left most line items unpriced (`no bid'), so their totals look lower than complete bids. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget. The purchase order contracts cover one year and include up to four one-year renewal options. Year 1 costs span two fiscal years and will be incurred in FY 2025-26 and FY 2026-27. Funding for any renewal years will be included in proposed budgets for City Council consideration. The table below shows the first-year allocation; subsequent years are anticipated to follow a similar breakdown. Fiscal Accounting Accounting Unit, Account Year Unit-Account# Fund Description Description Amount FY 25-26 Economic Development (Oct. 7, Service Enhancement, 2025— 01118810-63001 CDA General Funds Miscellaneous Operating $150 June 30, 2026) Expenses CDA Enterprise Parking Facilities, 02718132-63001 Funds Miscellaneous Operating $7,500 Ex enses CDA Special Rent Stabilization, 18518700-63001 Revenue Funds Miscellaneous Operating $375 Expenses 01 1 1 1 1 1 0-63001 LIB General Funds Administration, Miscellaneous O eratin Expenses $1,125 01116500-63001 PBA General Funds Administration, Miscellaneous O eratin Expenses $2,610 01116510-63001 PBA General Funds Planning, Miscellaneous O eratin Expenses $878 Permit& Inspection Services, 01116520-63001 PBA General Funds Miscellaneous Operating $1,748 Expenses City Council 11 — 2 10/7/2025 Paper and Janitorial Products October 7, 2025 Page 3 Permit& Plan Check, 01116530-63001 PBA General Funds Miscellaneous Operating $878 Ex enses Code Enforcement, 01116540-63001 PBA General Funds Miscellaneous Operating $4,350 Expenses Neighborhood Initiatives 01116560-63001 PBA General Funds Program, Miscellaneous $4,350 Operating Expenses Jail Operations, 01114475-63001 PD General Funds Miscellaneous Operating $75,000 Expenses Animal Services, 01114430-63001 PD General Funds Miscellaneous Operating $1,500 Expenses Central Distribution Center, 01114450-63001 PD General Funds Miscellaneous Operating $52,500 Expenses PRCS General Recreation & Community 01113230-63001 Funds Services, Miscellaneous $7,500 Operating Expenses PWA Enterprise Roadway Cleaning, 06817641-63001 Funds Miscellaneous Operating $3,750 Expenses Park Maintenance Service 01117651-63200 PWA General Funds Enhancement, Operating $11,250 Materials &Supplies Buildings/Grounds PWA Internal Custodial, Miscellaneous 07317101-63001 Service Funds OperatingExpenses $1,875 Equipment Maintenance, 07517100-63001 PWA Internal Garage Operation, $4,125 Service Funds Miscellaneous Operating Expenses PWA Enterprise Sanitary Sewer Services, 05617640-63001 Funds Miscellaneous Operating $6,075 Expenses PWA Enterprise Water Utility Water Production 06017640-63001 Funds & Supply, Miscellaneous $7,425 Operating Expense PWA Enterprise Water System Maintenance, 06017641-63001 Funds Miscellaneous Operating $13,163 Expenses 06017644-63001 PWA Enterprise Water Quality, Miscellaneous $2,700 Funds Operating Expenses Water 06017645-63001 PWA Enterprise Administration/Engineering, $1,688 Funds Miscellaneous Operating Ex enses PWA Enterprise Water Meter Services, 06017646-63001 Funds Miscellaneous Operating $2,700 Expenses City Council 11 — 3 10/7/2025 Paper and Janitorial Products October 7, 2025 Page 4 Various-63001 General Funds Miscellaneous Operating $21,521 Ex enses FY 26-27 Economic Development (July 1, 2026- 01118810-63001 CDA General Funds Service Enhancement, $50 Oct. 6, Miscellaneous Operating 2026) Expenses CDA Enterprise Parking Facilities, 02718132-63001 Funds Miscellaneous Operating $2,500 Expenses CDA Special Rent Stabilization, 18518700-63001 Revenue Funds Miscellaneous Operating $125 Expenses 01 1 1 1 1 1 0-63001 LIB General Funds Administration, Miscellaneous $375 Operating Expenses 01116500-63001 PBA General Funds Administration, Miscellaneous O eratin Expenses $870 01116510-63001 PBA General Funds Planning, Miscellaneous $293 Operating Expenses Permit& Inspection Services, 01116520-63001 PBA General Funds Miscellaneous Operating $583 Expenses Permit& Plan Check, 01116530-63001 PBA General Funds Miscellaneous Operating $293 Ex enses Code Enforcement, 01116540-63001 PBA General Funds Miscellaneous Operating $1,450 Expenses Neighborhood Initiatives 01116560-63001 PBA General Funds Program, Miscellaneous $1,450 Operating Expenses Jail Operations, 01114475-63001 PD General Funds Miscellaneous Operating $25,000 Expenses Animal Services, 01114430-63001 PD General Funds Miscellaneous Operating $500 Expenses Central Distribution Center, 01114450-63001 PD General Funds Miscellaneous Operating $17,500 Expenses PRCS General Recreation & Community 01113230-63001 Funds Services, Miscellaneous $2,500 Operating Expenses PWA Enterprise Roadway Cleaning, 06817641-63001 Funds Miscellaneous Operating $1,250 Expenses Park Maintenance Service 01117651-63200 PWA General Funds Enhancement, Operating $3,750 Materials &Supplies Buildings/Grounds PWA Internal Custodial, Miscellaneous 07317101-63001 Service Funds Operating Expenses $625 City Council 11 —4 10/7/2025 Paper and Janitorial Products October 7, 2025 Page 5 Equipment Maintenance, 07517100-63001 PWA Internal Garage Operation, $1,375 Service Funds Miscellaneous Operating Ex enses PWA Enterprise Sanitary Sewer Services, 05617640-63001 Funds Miscellaneous Operating $2,025 Expenses PWA Enterprise Water Utility Water Production 06017640-63001 Funds & Supply, Miscellaneous $2,475 Operating Expenses PWA Enterprise Water System Maintenance, 06017641-63001 Funds Miscellaneous Operating $4,388 Expenses 06017644-63001 PWA Enterprise Water Quality, Miscellaneous $900 Funds Operating Expenses Water 06017645-63001 PWA Enterprise Administration/Engineering, $563 Funds Miscellaneous Operating Expenses PWA Enterprise Water Meter Services, 06017646-63001 Funds Miscellaneous Operating $900 Expenses Various-63001 General Funds Miscellaneous Operating $7,174 Expenses ANNUAL TOTAL $315,645 EXHIBIT(S) 1. Abstract of Bids (25-115) Submitted By: Alexander Trinidad, Executive Director of Finance and Management Services Agency Approved By: Alvaro Nunez, City Manager City Council 11 — 5 10/7/2025 EXHIBIT 1 ABSTRACT OF BIDS Paper and Janitorial Products (IFB No. 25-115) BIDDER LOCATION TOTAL All Sources All Products LLC San Diego, CA $ 163,153 American Sanitary Supply Inc. Brea, CA $ 127,193 Blue Angel International LLC Berkeley, CA $ 332,139 Brady Industries of California LLC Las Vegas, NV $ 196,644 Central Poly-Bag Corp Linden, NJ $ 197,280 Ceres Oatmeal Corp Cupertino, CA $ 149,696 Dedicated Corporate Solutions of CA Arcadia, CA $ 205,115 Evelyn Ramirez Inc. Corona, CA $ 159,066 Imperial Bag & Paper Co. LLC dba Imperial Dade Loma Linda, CA $ 131,342 Los Angeles Chemical Co.,lnc Carson, CA $ 142,380 Office Solutions Business Products & Services, LLC Yorba Linda, CA $ 132,824 Signal Hill Auto Enterprises Inc. dba Supply Solutions Fullerton, CA $ 139,259 Staples, Inc. Framingham, MA $ 50,219 Unipak Corp West Long Beach, NJ $ 18,105 Veritiv Operating Company Downey, CA $ 126,337 City Council EXHIBIT111 — 6 10/7/2025 Police Department www.santa-ana.org/pd Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Incarcerated Persons Supplies AGENDA TITLE Purchase Order Contracts to Acme Supply Co., Ltd., Bob Barker Company, Inc., and Victory Supply, LLC for Incarcerated Persons Supplies (Specification No. 25-084) (General Fund) RECOMMENDED ACTION Award Aggregate Purchase Order Contracts to vendors listed below for incarcerated persons supplies on an as-needed basis in an estimated annual aggregate amount not to exceed $73,000 for an initial one-year term expiring on October 6, 2026, with provisions for four (4) one (1)-year renewal options and a total amount not to exceed $365,000 over a five-year period. Vendor Location Acme Supply Co., Ltd Glen Cove, NY Bob Barker Company, Inc. Fuquay Varina, NC Victory Supply, LLC Mount Pleasant, TN GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Santa Ana Jail requires consistent access to specialized supplies that go beyond what is typically purchased from other City vendors. Title 15 of the California Code of Regulations and federal housing standards requires the City to provide uninterrupted access to basic hygiene items, bedding, and clothing for all incarcerated persons. Many of the products required in a correctional environment, such as tamper-resistant hygiene supplies, clear packaging for security purposes, or clothing and bedding designed specifically for detention facilities, are not available through ordinary commercial outlets. Attempting to source these items individually would mean staff would have to shop, order, and wait extended periods of time for delivery, creating unacceptable delays and potentially jeopardizing compliance with Title 15 standards City Council 12 — 1 10/7/2025 Incarcerated Persons Supplies October 7, 2025 Page 2 and federal contractual obligations. Without reliable access to these supplies, the City would face compliance risks, increased costs, and potential impacts on safety for both incarcerated persons and staff. Invitation for Bids (IFB) No. 25-084 was issued on May 29, 2025, on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 172 Vendors notified 4 Santa Ana vendors notified 20 Vendors downloaded the bid packet 5 Bids received 0 Bids received from Santa Ana vendors Bids were solicited, opened on June 12, 2025, and evaluated (Exhibit 1). Five (5) bids were submitted by the IFB deadline and four (4) were determined to be responsive to the specifications and met the City's requirements. The bids submitted by Acme Supply Co., Ltd, Bob Barker Company, Inc., and Victory Supply, LLC. were determined to be the lowest, responsible, and responsive to the City's specifications. To ensure that the Santa Ana Jail has access to large inventory quantities and specialty correctional supplies, staff recommends awarding aggregate purchase order contracts to Acme Supply Co., Ltd, Bob Barker Company, Inc., and Victory Supply, LLC. Doing so ensures Title 15 compliance, operational continuity, and access to correctional-grade products designed to meet state and federal legal requirements. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget, and future fiscal year funding for a total aggregate amount not to exceed $365,000, if all renewal options are exercised, will be included in the proposed budgets for City Council consideration as follows: Fiscal Accounting Unit— Fund Accounting Unit, Year Account No. Description Account No. Amount Description FY 25-26 01114475-63001 General Fund Jail Operations, Misc. $ 54,750 O e ating Expenses FY 26-27 01114475-63001 General Fund Jail Operations, Misc. $ 73,000 Operating Ex enses FY 27-28 01114475-63001 General Fund Jail Operations, Misc. $ 73,000 Operating Ex enses City Council 12 — 2 10/7/2025 Incarcerated Persons Supplies October 7, 2025 Page 3 FY 28-29 01114475-63001 General Fund Jail Operations, Misc. $ 73,000 Operating Expenses FY 29-30 01114475-63001 General Fund Jail Operations, Misc. $ 73,000 Operating Expenses FY 30-31 01114475-63001 General Fund Jail Operations, Misc. $ 18,250 Operating Expenses Total $365,000 EXHIBIT(S) 1. 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GOVERNMENT CODE &84308 APPLIES: No DISCUSSION The Public Works Agency (PWA) Water Resources Division oversees the operations and maintenance of the City's water and sanitary sewer systems. The water system is comprised of approximately 480 miles of water main, 21 groundwater wells, seven pump stations, 10 reservoirs, four pressure regulating stations, and roughly 45,500 metered service connections. The sanitary sewer system includes more than 400 miles of sanitary sewer main, 8,500 manholes, approximately 48,500 sewer laterals, and two sewer list stations. To support the operations and maintenance of these systems, City staff requires a wide range of waterworks materials, supplies, and fittings. Given the challenges of aging infrastructure, staff proactively procures and maintains an inventory of essential supplies at the City's Corporate Yard to support both routine maintenance and emergency repair efforts. This readiness helps minimize service disruptions and ensures timely response to infrastructure issues. The proposed contracts allow staff to source waterworks fitting and supplies from multiple local vendors ensuring access to products needed at competitive prices. City Council 13 — 1 10/7/2025 Public Works Water Division Waterworks Fittings and Supplies October 7, 2025 Page 2 An Invitation for Bids (IFB) No. 25-010 was issued on July 25, 2025, on the City's online bid management and publication system, PlanetBids. A summary of vendor participation and results is as follows: 276 Vendors notified 20 Santa Ana vendors notified 22 Vendors downloaded the bid packet 8 Bids received 2 Bids received from Santa Ana vendors Bids were opened on August 26, 2025, and evaluated (Exhibit 1). Eight bids were submitted by the IFB deadline and all were determined to be responsive to the specifications and met City's requirements. Although Yardley-Orgill Co., Inc. dba YO Fire appeared to be the second lowest bid, they in fact were unable to provide a significant number of items listed on the IFB. Therefore, staff recommends awarding aggregate purchase contracts to bids submitted by Ferguson Enterprises, Orange County WinWater, and S&J Supply Company, Inc. to provide waterworks fittings and supplies. These vendors provided the most comprehensive responses and demonstrated ample product availability at competitive pricing. Aggregate purchase contracts will ensure flexibility, competitive pricing, and availability of high-quality products for field operations. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available in the following accounts for Fiscal Year 2025-26. Subsequent funding for the extension options, if exercised, will be included in future proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Description Account Description Account # Current Budget 05617640- Sanitary Sanitary Sewer Service, $75,000 63001 Sewer Service Miscellaneous Operating Expenses 06017640- Water Water Utility Production & $75,000 2025-26 63001 Supply, Miscellaneous (Oct-Jun) Operating Expenses 06017641- Water Water System $393,750 63001 Maintenance, Miscellaneous Operating Expenses City Council 13 — 2 10/7/2025 Public Works Water Division Waterworks Fittings and Supplies October 7, 2025 Page 3 06017644- Water Water Quality, $18,750 63001 Miscellaneous Operating Expenses 06017646- Water Water Meter Services, $37,500 63001 Miscellaneous Operating Expenses Future Bud et 05617640- Sanitary Sanitary Sewer Service, $100,000 63001 Sewer Service Miscellaneous Operating Expenses 06017640- Water Water Utility Production & $100,000 63001 Supply, Miscellaneous Operating Expenses 06017641- Water Water System $525,000 2026-27 63001 Maintenance, Miscellaneous Operating Expenses 06017644- Water Water Quality, $25,000 63001 Miscellaneous Operating Expenses 06017646- Water Water Meter Services, $50,000 63001 Miscellaneous Operating Expenses 05617640- Sanitary Sanitary Sewer Service, $100,000 63001 Sewer Service Miscellaneous Operating Expenses 06017640- Water Water Utility Production & $100,000 63001 Supply, Miscellaneous Operating Expenses 06017641- Water Water System $525,000 2027-28 63001 Maintenance, Miscellaneous Operating Expenses 06017644- Water Water Quality, $25,000 63001 Miscellaneous Operating Expenses 06017646- Water Water Meter Services, $50,000 63001 Miscellaneous Operating Expenses 05617640- Sanitary Sanitary Sewer Service, $100,000 2028-29 63001 Sewer Service Miscellaneous Operating Expenses City Council 13 — 3 10/7/2025 Public Works Water Division Waterworks Fittings and Supplies October 7, 2025 Page 4 06017640- Water Water Utility Production & $100,000 63001 Supply, Miscellaneous Operating Expenses 06017641- Water Water System $525,000 63001 Maintenance, Miscellaneous Operating Expenses 06017644- Water Water Quality, $25,000 63001 Miscellaneous Operating Expenses 06017646- Water Water Meter Services, $50,000 63001 Miscellaneous Operating Expenses 05617640- Sanitary Sanitary Sewer Service, $100,000 63001 Sewer Service Miscellaneous Operating Expenses 06017640- Water Water Utility Production & $100,000 63001 Supply, Miscellaneous Operating Expenses 06017641- Water Water System $525,000 2029-30 63001 Maintenance, Miscellaneous Operating Expenses 06017644- Water Water Quality, $25,000 63001 Miscellaneous Operating Expenses 06017646- Water Water Meter Services, $50,000 63001 Miscellaneous Operating Expenses 05617640- Sanitary Sanitary Sewer Service, $25,000 63001 Sewer Service Miscellaneous Operating Expenses 06017640- Water Water Utility Production & $25,000 63001 Supply, Miscellaneous 2030-31 Operating Expenses (Jul-Sep) 06017641- Water Water System $131,250 63001 Maintenance, Miscellaneous Operating Expenses 06017644- Water Water Quality, $6,250 63001 Miscellaneous Operating Expenses City Council 13 — 4 10/7/2025 Public Works Water Division Waterworks Fittings and Supplies October 7, 2025 Page 5 06017646- Water Water Meter Services, $12,500 63001 Miscellaneous Operating Expenses TOTAL $ 4,000,000 EXHIBIT(S) 1. Abstract of Bids (25-010) Submitted By: Rodolfo Rosas, P.E., Acting Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 13 — 5 10/7/2025 EXHIBIT 1 ABSTRACT OF BIDS Waterworks Fittings and Supplies (IFB No. 25-010) BIDDER LOCATION TOTAL Blue Angel International LLC Berkely, CA $ 355,377 C. Wells Pipeline Materials Inc. Corona, CA $ 177,875 Core & Main, LP Santa Ana, CA $ 206,893 Famcon Pipe & Supply, Inc Oxnard, CA $ 166,548 Ferguson Enterprises, LLC dba Ferguson Waterworks Santa Ana, CA $ 103,656 Orange County WinWater Anaheim, CA $ 110,577 S&J Supply Company Inc. Santa Fe Springs, CA $ 119,863 Yardley-Orgill Co. Inc. dba YO Fire Stanton, CA $ 107,108 EXHIBIT 1 City Council 13 — 6 10/7/2025 Public Works Agency www.santa-ana.org/pw Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Public Works Building and Facilities Plumbing Contractors AGENDA TITLE Aggregate Agreements for Plumbing Contractor Services (Specification No. 25-070A) (General Fund & Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Elegant Construction, Inc., Pacific Plumbing Company of Santa Ana, Pro-Craft Construction, Inc., and Verne's Plumbing, Inc. for plumbing contractor services for a shared aggregate amount not-to- exceed total amount of$2,012,500, for the term beginning October 7, 2025 and expiring October 6, 2028, with provisions for one, two-year extension (Core Agreement No. A- 2025-XXX). GOVERNMENT CODE &84308 APPLIES: No DISCUSSION The Public Works Agency (PWA) Parks, Fleet, Facilities, and Refuse Services Division oversees City-owned facilities and parks that require general plumbing repair services, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease interceptors, drain cleaning, and other plumbing work as needed. Public Works staff perform a variety of plumbing work in-house, such as repairing leaks, replacing faucets, unclogging sinks and toilets, etc. However, many of the existing plumbing systems are complex, requiring specialized expertise and equipment that typically cannot be performed or provided by in-house staff, such as gas line repairs, backflow testing, and storm drain pump replacements. Establishing aggregate plumbing contractor service agreements supplements staff's capabilities and ensures timely, efficient, and code-compliant repairs to urgent plumbing needs by licensed professionals. The City currently budgets an average of$200,000 annually for plumbing repairs, modifications, and renovations. Due to increased material costs, the addition of new City Council 14 — 1 10/7/2025 Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 2 public facilities and park restrooms, and the aging conditions of existing facilities, staff projects expenditures may increase to approximately $402,500 annually. Additionally, this contract will be utilized to replace old drinking fountains with new water bottle filling stations in public spaces to promote the City's award-winning water, conservation (Plastic Waste Reduction), and substitution of bottled water for public drinking water which is an implementation action of the City's general plan, mobility element. Invitation for Bids (IFB) No. 25-070A was issued on June 10, 2025 on the City's online bid management and publication system, PlanetBids. A summary of vendor participation and results are as follows: 115 Vendors notified 12 Santa Ana vendors notified 23 Vendors downloaded the bid packet 4 Responsive proposals received 1 Proposal received from Santa Ana vendors Bids were opened on July 1, 2025, and evaluated (Exhibit 1). Four proposals were submitted by the IFB deadline and were all deemed to be responsive to the specifications and met the City's requirements. Local Outreach Efforts The Purchasing Division advertised this IFB on PlanetBids, which directly notified 12 Santa Ana vendors. Three Santa Ana vendors downloaded the IFB and one submitted a bid for consideration. The bids submitted by Elegant Construction, Inc., Pacific Plumbing Company of Santa Ana, Pro-Craft Construction, Inc., and Verne's Plumbing, Inc. were determined to all be responsible and responsive to the City's specifications for this IFB. Each of these vendors has demonstrated proven expertise in providing plumbing repair services for the City, consistently meeting or exceeding performance expectations. Their reliability and capability have been key in supporting the City's infrastructure and parks. Staff recommends the approval of the recommended action for all four vendors to be on the City's list of qualified vendors of a shared aggregate not-to-exceed total amount of $2,012,500 for all four agreements (Exhibits 2-5) to ensure faster response times and flexibility in addressing specialized needs or emergencies. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 14 — 2 10/7/2025 Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 3 FISCAL IMPACT Funds are budgeted and available in the following accounts for Fiscal Year 2025-26. Subsequent funding for the extension option, if exercised, will be included in future proposed budgets for City Council consideration. Accounting Fund Accounting Unit, Fiscal Year Unit —Account Amount # Project No. Description Account Description Current Budget Building Maintenance, 07317100- Building Maintenance & Repair $75,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $7,500 62320 Center Maintenance & Repair Buildings & Ground Park Maintenance 01117651- General Fund Service Enhancement, $63,750 62320 Maintenance & Repair Buildin s & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $56,250 2025-26 Professional (Oct-Jun) 01114403- Building & Facility, 62300 General Fund Contract Services- $18,750 Professional 06017641- Water System 62300 Water Maintenance, Contract $9,375 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $11,250 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, $60,000 62300 Service Contract Services - Professional Future Budget 2026-27 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $100,000 Buildings & Ground City Council 14 — 3 10/7/2025 Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 4 Regional PWA— SARTC 06717650- Transportation Operations, $10,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $85,000 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $25,000 Professional 06017641- Water System 62300 Water Maintenance, Contract $12,500 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $15,000 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $80,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $100,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $10,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $85,000 2027-28 Buildings & Ground 01 1 1 7607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $25,000 Professional 06017641- Water System 62300 Water Maintenance, Contract $12,500 Services-Professional City Council 14 — 4 10/7/2025 Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 5 07417655- Civic Center 62320 Civic Center Maintenance, $15,000 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $80,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $25,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $2,500 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $21,250 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $18,750 2028-29 Professional (Jul-Sept) 01114403- Building & Facility, 62300 General Fund Contract Services- $6,250 Professional 06017641- Water System 62300 Water Maintenance, Contract $3,125 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $3,750 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Service, Contract 62300 Collection Services — $20,000 Service Professional Optional One, 2-Year Extension: 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $75,000 2028-29 Buildings & Ground (Oct-Jun) Regional PWA— SARTC 06717650- Transportation Operations, $7,500 62320 Center Maintenance & Repair Buildings & Ground City Council 14 — 5 10/7/2025 Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 6 Park Maintenance 01117651- General Fund Service Enhancement, $63,750 62320 Maintenance & Repair Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $56,250 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $18,750 Professional 06017641- Water System 62300 Water Maintenance, Contract $9,375 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $11,250 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $60,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $100,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $10,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $85,000 Buildings & Ground 2029-30 01117607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $25,000 Professional 06017641- Water System 62300 Water Maintenance, Contract $12,500 Services-Professional 07417655- Civic Center Civic Center 62320 Maintenance Maintenance, $15,000 (26-6001) City Council 14 — 6 10/7/2025 Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 7 Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Collection Service, Contract $80,000 62300 Service Services — Professional Building Maintenance, 07317100- Building Maintenance & Repair $25,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $2,500 62320 Center Maintenance & Repair Buildings & Ground Park Maintenance 01117651- General Fund Service Enhancement, $21,250 62320 Maintenance & Repair Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $18,750 2030-31 Professional (Jul-Sept) 01114403- Building & Facility, 62300 General Fund Contract Services- $6,250 Professional 06017641- Water System 62300 Water Maintenance, Contract $3,125 Services-Professional 07417655- Civic Center 62320 Civic Center Maintenance, $3,750 (26-6001) Maintenance Maintenance & Repair Buildings & Ground Refuse Refuse Collection 06917640- Service, Contract 62300 Collection Services — $20,000 Service Professional TOTAL $2,012,500 EXHIBIT(S) 1. Abstract of Bids (25-070A) 2. Agreement with Elegant Construction, Inc. 3. Agreement with Pacific Plumbing Company of Santa Ana 4. Agreement with Pro-Craft Construction 5. Agreement with Verne's Plumbing, Inc. City Council 14 — 7 10/7/2025 Public Works Building and Facilities Plumbing Contractors October 7, 2025 Page 8 Submitted By: Rodolfo Rosas, P.E., Acting Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 14 — 8 10/7/2025 EXHIBIT 1 ABSTRACT OF BIDS Plumbing Contractor Services (Bid No. 25-070A) BIDDER LOCATION TOTAL Elegant Construction, Inc. Irvine, CA $ 1,788 Pacific Plumbing Company of Santa Ana Santa Ana, CA $ 2,094 Pro-Craft Construction, Inc. Redlands, CA $ 2,698 Verne's Plumbing, Inc. Buena Park, CA $ 2,085 City Council 14 — 9 10/7/2025 AGREEMENT WITH ELEGANT CONSTRUCTION,INC.TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Elegant Construction, 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 City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-070A. The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand, Five Hundred Dollars ($2,012,500) during Page 1 of 10 City Council 14 — 10 10/7/2025 the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California. Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable "public works"or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or Iiability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSIFIIP OF MATERIALS This Agreement creates a nonexclusive and perpetual license for City to copy, use, Page 2 of 10 City Council 14 — 11 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data'). Contractor shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 14 — 12 10/7/2025 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations, 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers,officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VI1, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City Council 14 — 13 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three(3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors, special counsel, and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Page 5 of 10 City Council 14 — 14 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable, Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(c) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 City Council 14 — 15 10/7/2025 or indirect financial benefit or interest in this Agreement, c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. c. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and (c) above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an-equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 City Council 14 — 16 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender,demand,delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the Following persons; To City: City Cleric City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Elegant Construction, Inc. Attn: Hazem Almassry, Vice President 15375 Barranca Parkway, Suite J-103 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. if sent by fax, communication shall be effective or deemed to have been given twenty-four(24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 14 — 17 10/7/2025 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO ELEGANT CONSTRUCTION,INC. City Attorney By: Kyle I>l�lesen Hazem Alm sry Assistant City Attorney Vice President RECOMMENDED FOR APPROVAL: Rodolfo Rosas, . Acting Executive Director Public Works Agency Page 10 of 10 City Council 14 — 18 10/7/2025 EXHIBIT A SCOPE OF SERVICES City Council 14 — 19 10/7/2025 r�r SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required. The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 City Council 14 — 20 10/7/2025 . , SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2)working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: The California Air Resources Board ("GARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roadd iesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 City Council 14 — 21 10/7/2025 EXHIBIT B COMPENSATION City Council 14 — 22 10/7/2025 ATTACHMENT A EXHIBIT -`� BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. No. DESCRIPTION PER HOUR Hourly Rate for Regular Business Hours: 150 1 Monday through Friday, 8:00am —5:00 m $ 2 After Hours: Hourly Rate, 5:01 pm —7:59am $ 190 Hourly Rate for Emergency After Business Hours: 190 3 Monday through Friday, 5:00 m — 8:00am $ 4 Holiday Hourly Rate $ 250 5 Weekend Hourly Rate $ 250 IFB No. 25-070A City Council 14 — 23 10/7/2025 -r� ATTACHMENT A EXHIBIT BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage DESCRIPTION PER HOUR Hourly Rate for Regular Business Hours: 110 1 Monday through Friday, 8:00am —5:00 m $ 2 After Hours Hourly Rate, 5:01 pm —7:59am $ 130 Hourly Rate for Emergency After Business Hours: 130 3 1 Monday through Friday, 5:00 m — 8:00am $ 4 Holiday Hourly Rate $ 185 5 Weekend Hourly Rate $ 185 Percentage Mark up for Materials, Supplies, and Parts (for exercisable renewal options) 18 % Note: Include all miscellaneous costs in Regular, Holiday/Weekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. IFB No. 25-070A City Council 14 — 24 10/7/2025 0 '',�,� ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Elegant Construction Inc Business Address: 15375 Barranca Parkway Suite J-103 Irvine, CA 92618 Southern California Address: (if different) Website Address: www.ElegantCon.com Length of time firm has been in business: 6 Years Type of business: S Corporation If incorporated, California (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small' Santa Ana Business (7% preference) ❑"Small' Orange County Business (4% preference) ❑ Other Santa Ana Business (1% preference) Orange County City: Irvine ❑✓ None Apply Business License No: 210003025 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s): 1053447 DIR Registration Number: Contractor's License Classifi cation(s): A, B, C8, C12, C13, C36, C54 1000406720 PROJECT MANAGER CONTACT INFORMATION Name: Sam Alhakim Phone:949-630-6029 Email: sam@elegantcon.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name: Hazem Almassry Phone: 949-771-5136 Email info@elegantcon.com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. N Vice president / CFO Signature Title Attachment B City of Santa Ana /Purr_hasing Page 1 nf 2 City Council 14 — 25 10/7/2025 i AGREEMENT WITH PACIFIC PLUMBING COMPANY OF SANTA ANA TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Pacific Plumbing Company of Santa Ana, 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 City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency, B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation, Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-070A. The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand, Five Hundred Dollars ($2,012,500) during Page 1 of 10 City Council 14 — 26 10/7/2025 the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et sett., as well as California Code of Regulations, Title 8, Section 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 being performed are part of an applicable"public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise'discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a nonexclusive and perpetual license for City to copy, use, Page 2 of 10 City Council 14 — 27 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits,which can be less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. if Contractor maintains broader coverage and/or higher limits than the minimum requirements for each Iine of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 14 — 28 10/7/2025 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City, Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current AM. Best rating of no less than A:Vll, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City Council 14 — 29 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claim-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel,and representatives from liability: (1)for personal injury,damages,just compensation, restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold.harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Page 5of10 City Council 14 — 30 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (e) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page G of 10 City Council 14 — 31 10/7/2025 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City finds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and Iocal laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party,which is not embodied herein. Page 7 of 10 City Council 14 — 32 10/7/2025 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United. States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 City Council 14 — 33 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Cleric City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Pacific Plumbing Company of Santa Ana Attn: David Zech, President 615 E. Washington Avenue Santa Ana, CA 92701 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City frilly, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 14 — 34 10/7/2025 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO PACIFIC PLUMBING COMPANY City Attorney By: l��G Kyle ellesen David Zech Assistant City Attorney President RECOMMENDED FOR APPROVAL: C odol o Rosas, P Actin x ive Director Public Works Agency Page 10 of 10 City Council 14 — 35 10/7/2025 EXHIBIT A SCOPE OF SERVICES City Council 14 — 36 10/7/2025 P .. t SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required. The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 City Council 14 — 37 10/7/2025 SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 City Council 14 — 38 10/7/2025 EXHIBIT B COMPENSATION City Council 14 — 39 10/7/2025 EXHIBIT 1 ATTACHMENT A w BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. DESCRIPTI • HOUR : Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am— 5:00 m $ 160 2 After Hours: Hourly Rate, 5:01 pm —7:59am $ 240 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m — 8:00am $ 240 4 Holiday Hourly Rate $ 320 F-5 . Weekend Hourly Rate $ 240 City of Santa Ana IFB No. 25-070A Page 21 of 22 City Council 14 — 40 10/7/2025 -er} ATTACHMENT A EXHIBIT 1 BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage DESCRIPTION PER�HOIJR Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am—5:00 m $ 120 2 After Hours Hourly Rate, 5:01 pm —7:59am $ 180 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m — 8:00am $ 180 4 Holiday Hourly Rate $ 240 5 Weekend Hourly Rate $ 180 Percentage Mark up for Materials, Supplies, and Parts (for exercisable renewal options) 15 % Note: Include all miscellaneous costs in Regular, Holiday/Weekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. City of Santa Ana IFB No. 25-070A Page 22 of 22 City Council 14 — 41 10/7/2025 ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Pacific Plumbing Company of Santa Ana Business Address: 615 E. Washington Ave, Santa Ana, CA 92701 Southern California Address: (if different) Website Address: www.pacificplumbingsocal.com Length of time firm has been in business: 96 years Type of business: Corporation If incorporated, CA (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small" Santa Ana Business (7% preference) 104395 ❑ "Small" Orange County Business (4% preference) Orange County City: Santa Ana ❑ Other Santa Ana Business (1% preference) ❑ None Apply Business License No: 602689 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s):266807 DIR Registration Number: Contractor's License Classification(s): A,B,C4,C20,C36,C42,C 16 1000009561 PROJECT MANAGER CONTACT INFORMATION Name: Jim Bette Phone: 714-547-6967 Email:Jimb@PP• socal.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name: Jenna Zech Phone. 714-547-6967 Email:jennaz@ppsocal.com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. ?�e President &CEO Signature Title Attachment B City of Santa Ana/ Purchasina Page 1 of 2 City Council 14 — 42 10/7/2025 AGREEMENT WITH PRO-CRAFT CONSTRUCTION,INC.TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Pro-Craft Construction, Inc.,a Cal ifornia 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 City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7,2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor,materials, tools,equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services-Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four(4) Contractors selected under IFB 25-070A.The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand,Five Hundred Dollars($2,012,500)during Page 1 of 10 City Council 14 — 43 10/7/2025 the term of the Agreement,including any extension periods. b. Payment by City shall be made within forty-five(45)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and I770, et seq., as well as California Code of Regulations, Title S, Section 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 being performed are part of an applicable"public works"or"maintenance"project,as defined by the Prevailing Wage Laws, and the total compensation is $I,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement;however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services.Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2 of 10 City Council 14 — 44 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings,estimates,and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents &Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage,bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$,000,000 aggregate. 2. Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance with existing limits,which can be less than$1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 14 — 45 10/7/2025 Other Insurance provisions The above required insurance policies are to contain or be endorsed to contain the following provisions; 1. CGL and AL policies: City of Santa Ana,its City Council,its officers,officials, employees,agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment,and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council,its officers,officials,employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(la)days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M.Best rating of no less than ANII,unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City Council 14 — 46 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications,at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis; 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting"coverage for a minimum of three(3)years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer,coverage,or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors,special counsel,and representatives from liability:(1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury,damages,just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered,or alleged to have been suffered,by reason of the events referred to in this Section or by reason of the terms of,or effects, arising from this Agreement. The Contractor further agrees to indemnify,hold harmless,and pay all costs for the defense of the City,including fees and costs for special counsel to be selected by the City,regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Page 5 of 10 City Council 14 — 47 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three(3)years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary,Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources;(b)is,through no fault of the Contractor disclosed in a publicly available source; (c)is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page G of 10 City Council 14 — 48 10/7/2025 or indirect financial benefit or interest in this Agreement, e, The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances.Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections(b)and(c)above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race,color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information,or military and-veteran status,age,national origin, ancestry,or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof,shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise,have been wade by any party,or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 City Council 14 — 49 10/7/2025 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination,subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. , Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the Iaws and regulations of the United States,the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page S of 10 City Council 14 — 50 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand,delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid,or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O.Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana,California 92702 To Contractor: Pro-Craft Construction,Inc. Attn: Christopher McFayden, President/CEO 500 Iowa Street Redlands,CA 92373 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends,federal,state,County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 14 — 51 10/7/2025 or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO PRO-CRAFT CONSTRUCTION, INC. City Attorney BY: Kyle Nellesen Christopher McFayden Assistant City Attorney President/CEO - - RECOMMENDED FOR APPROVAL: Cap od Ifo Rosas, P cting Executive Director Public Works Agency Page 10 of 10 City Council 14 — 52 10/7/2025 EXHIET A SCOPE OF SERVICES City Council 14 — 53 10/7/2025 == SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1)additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required.The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four(24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 City Council 14 — 54 10/7/2025 SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work.At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean"or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies.The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2)working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation")which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: httos://ww2.arb.ca.gov/sites/default/files/barcu/regacU2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 City Council 14 — 55 10/7/2025 EX MIT B COMPENSATION City Council 14 — 56 10/7/2025 ATTACHMENT A EXHIBIT 1 BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. ME-000 Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am—5:00 m $226.98 2 After Hours: Hourly Rate, 5:01 prn —7:59am $285.89 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m —8:00am $334.73 4 Holiday Hourly Rate $334.73 5 Weekend Hourly Rate $334.73 City of Santa Ana IFB No. 25-070A Page 21 of 22 City Council 14 — 57 10/7/2025 EXHIBIT 1 ATTACHMENT A LT'�} BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage WE Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am —5:00 m $155.17 2 After Hours Hourly Rate, 5:01 pm—7:59am $235.78 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m—8:00am $258.10 4 Holiday Hourly Rate $258.10 5 Weekend Hourly Rate $258.10 Percentage Mark up for Materials, Supplies, and Parts (for _F exercisable renewal options) 15% Note: Include all miscellaneous costs in Regular, Holiday/Weekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. City of Santa Ana IFB No. 25-070A Page 22 of 22 City Council 14 — 58 10/7/2025 ATTACHMENT B l 1 BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Pro-Craft Construction, Inc. Business Address: 500 Iowa Street, Redlands.CA 92373 Southern California Address: (if different) Website Address: procraftci.com Length of time firm has been in business: 20+Years Type of business: Corporation If incorporated, CA (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small" Santa Ana Business (7% preference) 349992 ❑"Small" Orange County Business (4% preference) ❑ Other Santa Ana Business (1% preference) Orange County City: ❑✓ None Apply Business License No: PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s):467234 DIR Registration Number: Contractor's License Classification(s): C36, C34, B, Al C42, C2, C16 1000001106 PROJECT MANAGER CONTACT INFORMATION Name:Jonathan Demers Phone:909.790-5222 Ema":estimating@procraftci.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name: Roxanne Greenwood Phone:909-790-5222 Email:contracts@procraftci.com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terns :.ind conditions. Christopher hlcFayden, President/CEO Signature Title Attachment B City of Santa Ana I Purchasing Page 1 of City Council 14 — 59 10/7/2025 AGREEMENT WITH VERNE'S PLUMBING,INC.TO PROVIDE ON-CALL PLUMBING CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Verne's Plumbing, 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 City issued Invitation for Bids (IFB)No. 25-070A, by which it sought contractors to provide on-call plumbing contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-070A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services- Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation, Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-070A. The total compensation for these services provided by all such contractors selected under IFB 25-070A shall not exceed the shared aggregate amount of Two Million,Twelve Thousand, Five Hundred Dollars ($2,012,500) during Page 1 of 10 City Council 14 — 60 10/7/2025 the term of the Agreement, including any extension periods, b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers, Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation, Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below, 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et sea., as well as California Code of Regulations, Title 8, Section 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 being performed are part of an applicable "public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement;however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. b. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2 of 10 City Council 14 — 61 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the Iegal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with Iimits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. .Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1.,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits,which can be, less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 14 — 62 10/7/2025 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1, CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council,its officers,officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten (10)days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City Council 14 — 63 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3.If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting"coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees, contractors,special counsel, and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered,or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Page 5 of 10 City Council 14 — 64 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b)is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 City Council 14 — 65 10/7/2025 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and(c) above. B. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 City Council 14 — 66 10/7/2025 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION T VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 City Council 14 — 67 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender,demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City; City Cleric City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Verne's Plumbing, Inc. Attn: Lawrence J. Verne, President 8561 Whitaker Street Buena Park, CA 90621 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 14 — 68 10/7/2025 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO VERNE'S PLUMBING,INC. City Attorney By: Kyle lesen 4rence J. Verne Assistant City Attorney President RECOMMENDED FOR APPROVAL: C dolfo Rosa , E. s� Acting Ex utive ctor Public Wo gency Page 10 of 10 City Council 14 — 69 10/7/2025 EXHIBIT A SCOPE OF SERVICES City Council 14 — 70 10/7/2025 (9) SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Plumbing Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general plumbing repair services throughout the City, including but not limited to, service installation and repair of all plumbing systems, sanitary facilities, domestic water, domestic hot water generation equipment, recirculation pumps, gas piping, commercial kitchen connections, grease traps, drain cleaning, and other work as required. The Contractor shall furnish and supply all labor, materials, supplies, equipment, and transportation necessary to perform general plumbing repair services in a scheduled and timely manner. All City buildings and facilities are covered under this agreement. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. City of Santa Ana IFB No. 25-070A Page 3 of 20 City Council 14 — 71 10/7/2025 ' SCOPE OF WORK 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.odf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-070A Page 4 of 20 City Council 14 — 72 10/7/2025 EXHIBIT B COMPENSATION City Council 14 — 73 10/7/2025 i ATTACHMENT A EXHIBIT I BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited_ to, direct and indirect costs for labor, overhead, insurance, business expenses incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) 1. Journeyman Plumbing Repair Services Labor Rate: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2. • • Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am—5:00pm $ 135 2 After Hours: Hourly Rate, 5:01 pm —7:59am $ 270 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5:00 m — 8:00am $ 270 4 Holiday Hourly Rate $ 270 5 Weekend Hourly Rate $ 270 IFB No. 25-070A City Council 14 — 74 10/7/2025 ATTACHMENT A EXHIBIT I w BIDDER'S PROPOSAL FORM 2. General Helper and Cleanup Labor Rate: General Prevailing Wage DESCRIPTIONo Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am —5:00 m $ 95 2 After Hours Hourly Rate, 5:01 prn—7:59am $ 190 Hourly Rate for Emergency After Business Hours: 3 Monday through Friday, 5.00 m — 8:00am $ 190 4 Holiday Hourly Rate $ 190 5 Weekend Hourly Rate $190 Percentage Mark up for Materials, Supplies, and Parts (for exercisable renewal options) 15 % Note: Include all miscellaneous costs in Regular, HolidayA/Veekends and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. ALL REQUIRED FORMS MUST BE COMPLETED AND UPLOADED WITH E-BIDS. IFB No. 25-070A City Council 14 — 75 10/7/2025 ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Verne's Plumbing, Inc. Business Address: 8561 Whitaker Street, Buena Park, CA 90621 Southern California Address: (if different) Website Address: vernesplumbing.com Length of time firm has been in business: 36 Years Type of business: Corporation If incorporated, California (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small' Santa Ana Business (7% preference) 336109 ❑ "Small" Orange County Business (4% preference) o Orange County City: Buena Palk [I Other Santa Ana Business (1 /o preference) ✓❑ None Apply Business License No: BL-002055 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s): 674077 DIR Registration Number: Contractor's License Classification(s): B, C34 & C36 1000000472 Exp. 6/30/2028 PROJECT MANAGER CONTACT INFORMATION Name: Eric Verne Phone: 714-994-1971 Email: eric@vernesplumbing.com Ext.110 CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name:Shari C. Ferguson Phone: 714-994-1971 Email: shari@vernesplumbing.com Ext.108 BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. Lawrence J. Verne, President Signature Title Attarhmant R Citg of Santa Ana /Piirrhasinp Papa 1 of 2 City Council 14 — 76 10/7/2025 Public Works Agency www.santa-ana.org/pw Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Public Works Building and Facilities Electrical Contractors AGENDA TITLE Aggregate Agreements for Electrical Contractor Services (Specification No. 25-069A) (General Fund & Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute agreements with Fineline Products, Inc.dba Fineline Electric, Inter-Pacific, Inc., Radiant Electric LLC, and Williams and Maher, Inc. for electrical contractor services for shared aggregate not-to-exceed total of$3,150,000 for the term beginning October 7, 2025 and expiring October 6, 2028, with provisions for one, two-year extension (Core Agreement No. A-2025-XXX). GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Public Works Agency (PWA) Parks, Fleet, Facilities, and Refuse Division oversees City-owned facilities and parks that require general electrical repair services. These services may include installing or re-routing conduit, adding switches and receptacles, testing circuits, upgrading panels, wiring modifications, and other electrical related work as needed. This type of work must be completed by certified electricians and contractors possessing a valid California Class C-10 electrical contractor's license. Public works staff perform a variety of electrical work in-house such as, replacing light fixtures, resetting breakers, and swapping out outlets. More complex electrical tasks require a high level of expertise that often involve working on live circuits or high-voltage systems, which pose significant safety risks if handled improperly. Establishing aggregate electrical contractor service agreements supplements staff capabilities and ensures the work is completed in accordance with applicable safety codes by licensed electricians. The City currently allocates an average of$380,000 annually for electrical repairs, modifications, renovations, and tenant improvement projects. However, increased electricial materials costs, combined with increasing demand for electrical service upgrades stemming from the expansion of electric vehicle charging infrastructure are City Council 15 — 1 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 2 expected to significantly impact service needs. Based on these factors, staff projects annual expenditures may rise to approximately $605,000. Invitation for Bids (IFB) No. 25-069A was issued on June 10, 2025 on the City's online bid management and publication system, PlanetBids. A summary of vendor participation and results are as follows: 41 Vendors notified 4 Santa Ana vendors notified 39 Vendors downloaded the bid packet 12 Responsive proposals received 2 Proposals received from Santa Ana vendors Bids were opened on July 1, 2025, and evaluated (Exhibit 1). Twelve proposals were submitted by the IFB deadline and all were determined to be responsive to the specifications and met the City's requirements. Local Outreach Efforts The Purchasing Division advertised this IFB on PlanetBids, which directly notified four Santa Ana vendors. Three Santa Ana vendors downloaded the IFB and two submitted a bid for consideration. The bids submitted by Fineline Electric, Inter-Pacific, Inc., Radiant Electric LLC, and Williams & Maher, Inc. were determined to be the lowest, responsible, and responsive to the City's specifications for this IFB. Fineline Electric, Inter-Pacific, Inc., and Williams & Maher have each demonstrated proven expertise in providing electrical contractor services for the City. Their performance has consistently met or exceeded expectations, reinforcing their reliability and capability in supporting the City's electrical needs. Radiant Electric LLC has not worked for the City in the past but their proposal, references, and over 30 years of industry experience demonstrates their ability to provide the same quality service. Staff recommends the approval of the recommended action for all four vendors to be on the City's list of qualified vendors of a shared aggregate not-to-exceed total of$3,150,000 for all four agreements (Exhibits 2-5) to ensure faster response times, competitive pricing, and flexibility in addressing specialized needs. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. City Council 15 — 2 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 3 FISCAL IMPACT Funds are budgeted and available in the following accounts for Fiscal Year 2025-26. Subsequent funding for the renewal options, if exercised, will be included in the proposed budgets for City Council consideration. Fiscal Accounting Fund Accounting Unit, Year Unit—Account Description Account Description Amount # Project No. Current Budget 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $112,500 Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $18,750 62320 Center Maintenance & Repair Buildings & Ground Park Maintenance 01117651- Service 62320 General Fund Enhancement, $75,000 Maintenance & Repair Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 2025-26 General Fund Contract Services- $37,500 (Oct-Jun) 62300 Professional Water Utility Water 06017640- Water Production & Supply, $37,500 62300 Contract Services - Professional Public Works - 06817641- Sanitation Fund Roadway Cleaning, $18,750 62300 Contract Services - Professional Planning & Building 01116500- Agency - 62300 General Fund Administration, $7,500 Contract Services — Professional 01116530- Planning & Building 62300 General Fund Agency— Permit & $7,500 Plan Check, Contract City Council 15 — 3 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 4 Services - Professional Library— 01111110- General Fund Administration, $2,250 62300 Contract Services - Professional 01113220- PRCSA— Zoo, 62300 General Fund Contract Services — $5,250 Professional 07417655- Civic Center 62320 Civic Center Maintenance, $56,250 (26-6001) Maintenance Maintenance & Repair Buildings & Ground 07417655- Civic Center 66220 Civic Center Maintenance, $125,000 (26-6003) Maintenance Maintenance & Repair Buildings & Ground Future Budget 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $150,000 Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $25,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $100,000 Buildings & Ground PWA Services, 2026-27 01117607-62300 General Fund Contract Services- $100,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $50,000 Professional Water Utility Water 06017640- Water Production & Supply, $50,000 62300 Contract Services - Professional 06817641- Sanitation Fund Public Works — $25,000 62300 Roadway Cleaning, City Council 15 — 4 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 5 Contract Services — Professional Planning & Building 01116500- Agency- 62300 General Fund Administration, $10,000 Contract Services — Professional Planning & Building 01116530- Agency— Permit & 62300 General Fund Plan Check, Contract $10,000 Services — Professional Library— 01111110- General Fund Administration, $3,000 62300 Contract Services - Professional 01113220- PRCSA— Zoo, 62300 General Fund Contract Services — $7,000 Professional Civic Center 07417655- Civic Center Maintenance, $75,000 62320 Maintenance Maintenance & Repair Buildings & Ground Building Maintenance, 07317100- Building Maintenance & Repair $150,000 62320 Maintenance Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $25,000 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $100,000 2027-28 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $100,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $50,000 Professional 06017640- Water Water Utility Water $50,000 62300 Production & Supply, City Council 15 — 5 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 6 Contract Services - Professional Public Works — 06817641- Sanitation Fund Roadway Cleaning, $25,000 62300 Contract Services — Professional Planning & Building 01116500- Agency- 62300 General Fund Administration, $10,000 Contract Services — Professional Planning & Building 01116530- Agency— Permit & 62300 General Fund Plan Check, Contract $10,000 Services — Professional Library— 01111110- General Fund Administration, $3,000 62300 Contract Services - Professional 01113220- PRCSA— Zoo, 62300 General Fund Contract Services — $7,000 Professional Civic Center 07417655- Civic Center Maintenance, $75,000 62320 Maintenance Maintenance & Repair Buildings & Ground 07317100- Building Building Maintenance, 62300 Maintenance Maintenance & Repair $37,500 Buildings & Ground Regional PWA -SARTC 06717650- Transportation Operations, $6,250 2028-29 62320 Center Maintenance & Repair (Jul-Sept) Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $25,000 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $25,000 Professional City Council 15 — 6 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 7 01114403- Building & Facility, 62300 General Fund Contract Services- $12,500 Professional Water Utility Water 06017640- Water Production & Supply, $12,500 62300 Contract Services - Professional Public Works — 06817641- Sanitation Fund Roadway Cleaning, $6,250 62300 Contract Services — Professional Planning & Building 01116500- Agency- 62300 General Fund Administration, $2,500 Contract Services — Professional Planning & Building 01116530- General Fund Agency— Permit & $2,500 62300 Plan Check, Contract Services Professional Library— 01111110- General Fund Administration, $750 62300 Contract Services — Professional 01113220- PRCSA— Zoo, 62300 General Fund Contract Services — $1,750 Professional Civic Center 07417655- Civic Center Maintenance, $18,750 62320 Maintenance Maintenance & Repair Buildings & Ground Optional One, 2-Year Extension: 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $112,500 Buildings & Ground 2028-29 Regional PWA— SARTC (Oct-Jun) 06717650- Transportation Operations, $18,750 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance 62320 General Fund Service $75,000 Enhancement, City Council 15 — 7 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 8 Maintenance & Repair Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $75,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $37,500 Professional Water Utility Water 06017640- Water Production & Supply, $37,500 62300 Contract Services — Professional Public Works — 06817641- Sanitation Fund Roadway Cleaning, $18,750 62300 Contract Services — Professional Planning & Building 01116500- Agency- 62300 General Fund Administration, $7,500 Contract Services - Professional Planning & Building 01116530- General Fund Agency— Permit & $7,500 62300 Plan Check, Contract Services Professional Library— 01111110- General Fund Administration, $2,250 62300 Contract Services - Professional 01113220- PRCSA— Zoo, 62300 General Fund Contract Services — $5,250 Professional Civic Center 07417655- Civic Center Maintenance, $56,250 62320 Maintenance Maintenance & Repair Buildings & Ground 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $150,000 2029-30 Buildings & Ground 06717650- Regional PWA— SARTC 62320 Transportation Operations, $25,000 Center City Council 15 — 8 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 9 Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $100,000 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $100,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $50,000 Professional Water Utility Water 06017640- Production & Supply, 62300 Water Contract Services - $50,000 Professional Public Works — 06817641- Sanitation Fund Roadway Cleaning, $25,000 62300 Contract Services — Professional Planning & Building 01116500- Agency- 62300 General Fund Administration, $10,000 Contract Services — Professional Planning & Building 01116530- Agency— Permit & 62300 General Fund Plan Check, Contract $10,000 Services — Professional Library— 01111110- General Fund Administration, $3,000 62300 Contract Services - Professional 01113220- PRCSA— Zoo, 62300 General Fund Contract Services — $7,000 Professional Civic Center 07417655- Civic Center Maintenance, $75,000 62320 Maintenance Maintenance & Repair Buildings & Ground City Council 15 — 9 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 10 07317100- Building Building Maintenance, 62320 Maintenance Maintenance & Repair $37,500 Buildings & Ground Regional PWA— SARTC 06717650- Transportation Operations, $6,250 62320 Center Maintenance & Repair Buildings & Ground 01117651- Park Maintenance, 62320 General Fund Maintenance & Repair $25,000 Buildings & Ground 01117607- PWA Services, 62300 General Fund Contract Services- $25,000 Professional 01114403- Building & Facility, 62300 General Fund Contract Services- $12,500 Professional Water Utility Water 06017640- Water Production & Supply, $12,500 62300 Contract Services - 2030-31 Professional (Jul-Sept) Public Works — 06817641- Sanitation Fund Roadway Cleaning, $6,250 62300 Contract Services — Professional Planning & Building 01116500- Agency- 62300 General Fund Administration, $2,500 Contract Services — Professional Planning & Building 01116530- Agency— Permit & 62300 General Fund Plan Check, Contract $2,500 Services — Professional Library— 01111110- General Fund Administration, $750 62300 Contract Services - Professional 01113220- PRCSA— Zoo, 62300 General Fund Contract Services — $1,750 Professional City Council 15 — 10 10/7/2025 Public Works Building and Facilities Electrical Contractors October 7, 2025 Page 11 Civic Center 07417655- Civic Center Maintenance, $18,750 62320 Maintenance Maintenance & Repair Buildings & Ground TOTAL $3,150,000 EXHIBIT(S) 1. Abstract of Bids (25-069A) 2. Agreement with Fineline Electric 3. Agreement with Inter-Pacific, Inc. 4. Agreement with Radiant Electric, LLC 5. Agreement with Williams and Maher, Inc. Submitted By: Rodolfo Rosas, P.E., Acting Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 15 — 11 10/7/2025 Exhibit 1 ABSTRACT OF BIDS Electrical Contractor Services (Bid No. 25-069A) BIDDER LOCATION TOTAL ALBD Electric and Cable La Habra, CA $ 823 Amtech Construction Orange, CA $ 1,118 Baker Electric, Inc. Escondido, CA $ 1,035 BCE, Inc. Torrance, CA $ 750 Fineline Electric Irvine, CA $ 715 GA Technical Services Glendora, CA $ 766 Inter-Pacific, Inc. Irvine, CA $ 652 M.Brey, Inc. Beaumont, CA $ 875 Neema General Contracting El Cajon, CA $ 826 Quality Light and Electrical Bloomington, CA $ 2,625 Radient Electric Santa Ana, CA $ 678 Williams & Maher, Inc. Santa Ana, CA $ 594 City Council 15 — 12 10/7/2025 AGREEMENT WITH FINELINE ELECTRIC TO PROVIDE ON-CALL ELECTRICAL CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Fineline Products,Inc.,a California corporation doing business as Fineline Electric("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 City issued Invitation for Bids (IFB)No. 25-069A, by which it sought contractors to provide on-call electrical contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-069A and attached as Exhibit A, Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-069A. The total compensation for these services provided by all such contractors selected under IFB 25-069A shall not exceed the shared aggregate amount of Three Million, One Hundred and Fifty Thousand. Dollars ($3,150,000) Page 1 of 10 City Council 15 — 13 10/7/2025 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq,, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works" and"maintenance"projects. If the services being performed are part of an applicable"public works" or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is' $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor,shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2 of 10 City Council 15 — 14 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 15 — 15 10/7/2025 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 1 All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers,officials,employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, — suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AXII,unless otherwise acceptable to City. Verification. of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City Council 15 — 16 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3. If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3)years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel,and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Page 5 of 10 City Council 15 — 17 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents,proceedings, and activities related to this Agreement for a period of three (3)years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 City Council 15 — 18 10/7/2025 or indirect financial benefit or interest in this Agreement, c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CaIPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement, e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b)and (c)above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 City Council 15 — 19 10/7/2025 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work.product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure,right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 City Council 15 — 20 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender,demand, delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Fineline Electric Attn: Shad i Tamadon, President 15375 Barranca Parkway, Suite I-105 Irvine, CA 92618 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#tames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 15 — 21 10/7/2025 or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO FINELINE ELECTRIC. City Attorney Shadi Digitally signed by Shadi Tamadon By. �L A Tamadon Date:2025.09.16 08:31:37-07'00' Kyle F/Olesen Shadi Tamadon Assistant City Attorney President RECOMMENDED FOR APPROVAL: �r ting olfo osas,x 've Director Public Works Agency Page 10 of 10 City Council 15 — 22 10/7/2025 EXHIBIT A SCOPE OF SERVICES City Council 15 — 23 10/7/2025 SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Electrical Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general electrical repair services throughout the City, including computer room circuits, installing and re-routing conduit, installing switches and receptacles, testing, and other upgrades, installations and replacements for City components and infrastructure on an as-need basis. All City buildings are covered under this contract. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at City of Santa Ana IFB No. 25-069A Page 3 of 20 City Council 15 — 24 10/7/2025 SCOPE OF WORK a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. 13. Contractor shall be able to install Cat5 cables and certify in writing. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II. D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: his://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-069A Page 4 of 20 City Council 15 — 25 10/7/2025 EXHIBIT B COMPENSATION City Council 15 — 26 10/7/2025 ATTACHMENT A " . BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein, Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90)days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses incidental supplies, mileage,fuellfuel surcharges, and any other miscellaneous charges, LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) Electrician Services: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2 eMI : • • • Joumeymen Hourly Rate for Regular Business Hours: 132.00 1__Mondaym through Friday, 8:00am—5:00 $ Journeymen After Hours Hourly Rate, 5:01 pm—7:59am(Including 158.00 2 1 Weekends and Holidays) $ Journeymen Hourly Rate for Emergency After Business Hours 3 Mondaythrough Friday, 5:00 m—8:00am $ 164.00 General Helper Hourly Rate for Regular Business Hours: 4 Monday through Friday,8:00am—5:00 m $ 88.00 General Helper After Hours Hourly Rate,5:01 pm—7:59am(Including 98.00 5 1 Weekends $ General Helper Hourly Rate for Emergency After Business Hours 105.00 6 Monday through Friday, 5:00 m—8:00am $ Percentage Mark up for Materials,Supplies,and Parts(for exercisable 15% 7 1 renewal options) % Note: Include all miscellaneous costs in Regular and After-hours rates. (E,g, equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING-SHALL ALSO BE ENTERED IN PLANETBIDS. City of Oantg Ann IFB No, 25.000A City Council 15 — 27 10/7/2025 ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Fineline Products, Inc. DBA, Fineline Electric Business Address: 15375 Barranca Pkwy Suite 1-105 Irvine CA 92618 Southern California Address: (if different) Website Address: www.finelineEC.com Length of time firm has been in business: 3 Years Type of business: S-Corp If incorporated, California (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE l Please check the applicable category below. City of Santa Ana Business License Number: ❑"Sn;al!" Santa Ana Business (7% preference) ❑✓ "Small" Orange County Business (4% preference) o Irvine El Santa Ana Business (1 /o preference) Orange County City: ❑ None Apply Business License No: 250000183 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s): 1095531 DIR Registration Number: Contractor's License Classification(s): C_1 Q DIR PW-LR-1000965386 PROJECT MANAGER CONTACT INFORMATION Name:Joey Parra Phone:949-633-0001 Email:jparra@finelineEC.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) r Name: Shadi Tamadon Phone:949-633-0001 Email:stamadon@finelineEC.com BIDDERS STATEMENT: With my si ture I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read u derstand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer a d li er all goods to the City in accordance with said terms and conditions. i i President �— e Title AttachmFi�natur City of Santa Ana/Purchasing Page 1 of 2 City Council 15 — 28 10/7/2025 AGREEMENT WITH INTER-PACIFIC,INC.TO PROVIDE ON-CALL ELECTRICAL CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7tb day of October,2025 by and between Inter-Pacific,Inc.,an Illinois 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 City issued Invitation for Bids (IFB)No. 25-069A,by which it sought contractors to provide on-call electrical contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-069A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4)vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7,2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its Field and that any services performed by Contractor under.this Agreement will.be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE,in consideration of the mutual and respective promises,and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis,and in the City's sole discretion,Contractor shall perform during the term of this Agreement,the tasks and obligations including all labor,materials,tools,equipment, and incidental customary work required to fully and adequately complete the services described . and set forth in Scope of Services-Exhibit A,attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants not guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit R, Contractor is one of four (4) Contractors selected under IFB 25-069A.The total compensation for these services provided by all such contractors selected under IFB 25-069A shall not exceed the shared aggregate amount of 'Three Million, One Hundred and Fifty Thousand Dollars ($3,150,000) Page 1 of 10 City Council 15 — 29 10/7/2025 during the term of the Agreement,including any extension periods. b. Payment by City shall be made within forty-five(45)days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided,the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the.Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three(3)year term with the option for the City to grant up to one(1)two-year renewal,exercisable by a writing by the City Manager and the City Attorney,unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title .8, Section 16000, et seq., ("Prevailing Wage Laws'), which require the payment of prevailing; wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable"public works"or"maintenance"project,as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend,indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement;however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services.Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a nonexclusive and perpetual license for City to copy, use, Page 2 of 10 City Council 15 — 30 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications,studies, drawings,estimates,and other documents or works of authorship fixed in any tangible ,medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement("Documents &Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents &Data which were provided to Contractor by the City, City shall not be limited in any way in its use of the Documents and Data at any time,provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire'Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City.Total cost of such insurance shall be borne by Contractor. MINIMUM SCUPS AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at.least as broad as: I, Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage,bodily injury and personal&advertising injury with limits no less than $1,000,000 per occurrence and$,000,000 aggregate. 2. Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance,City will accept evidence of personal automobile insurance with existing limits,which can be less than$1,000,000. 3. Workers' Compensation; as required by the State of California,with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor.Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 15 — 31 10/7/2025 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana,its City Council,its officers,officials, employees,agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts,equipment,and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against.City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council,its officers,officials,employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom.a claim is made or suit is brought,except with respect to the insurer's limits of liability.. S. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10)days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza(M-21), Santa Ana, CA 92701, The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Detentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations,claim administration,and defense expenses within the retention. Acceptability of Insurers Insurance is to.be placed with insurers authorized to conduct business in the State of California with a current A.M.Best rating of no less than A:VII,unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause)and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.However,failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City Council 15 — 32 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications,at any time, Claims Made Policies If any of the required policies provide coverage on a claims-made basis; 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2.Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work, 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective elate, Contractor must purchase "extended reporting"coverage for a minimum of three(3)years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements,including limits,based on the nature of the risk,prior experience,insurer,coverage,or other special circumstances. g. INDEMNIFICATION Contractor agrees to defend,and shall indemnify and hold harmless the City, its officers, agents,employees,contractors,special counsel,and representatives from liability:(1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section I of this Agreement;and(2) from any claim that personal injury,damages,just compensation,restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement.This indemnity and hold harmless agreement applies to all claims for damages,just compensation,restitution,judicial or equitable relief suffered,or alleged to have been suffered,by reason of the events referred:to in this Section or by reason of the terms of,or effects,arising from.this Agreement. The Contractor .further agrees to indemnify,hold harmless,and pay all costs for the defense of the City,including fees and costs for special counsel to be selected by the City,regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation,restitution,,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 9. INTELLECTUAL PROPFRTY INDEMNIIzICA11ON Page 5 of 10 City Council 15 — 33 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement, 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement, Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three(3)years,or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine,audit,and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work,data,documents,proceedings,and activities related to this Agreement for a period of three (3)years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary,Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information,but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement, The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources;(b)is,through no fault of the Contractor disclosed in a publicly available source, (c)is in rightful possession of the Contractor without-an obligation of confidentiality; (d)is required to be disclosed by operation of law;or(e) is independently developed by the Contractor without reference to information disclosed by the City, 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement, b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the,City's Municipal Code,whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be.employed in any capacity by the Contractor or have any other direct Page 6 of 10 City Council 15 — 34 10/7/2025 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards,to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.if the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest,it must immediately make full written disclosure of such facts to the City.Full written disclosure must include, but is not limited to,identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections(b)and(c)above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race,color,creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information,or military and veteran status,age,national origin,ancestry,or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal,state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto.,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City-and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or ether instrument that are inconsistent with, or in addition to,the terns and conditions hereof,shall not bind or obligate Contractor or the City,Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,orally or otherwise,have been made by any party,or anyone acting on behalf of any party,which is not embodied herein, Page 7 of IQ City Council 15 — 35 10/7/2025 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign,transfer,delegate,or subcontract any interest herein without the prior written consent of the City and any such assignment,transfer,delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERNUNAI"ION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination,subject to the following conditions: a. As a condition of such payment,the Executive Director may require Contractor to deliver to the City all work product(s)completed as of such date,and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. 'WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach,failure,right or remedy.No waiver of any breach,failure or right,or remedy shall be deerned a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION-VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County,California,shall be the venue for any action or proceeding that may be brought or arise out of,in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits,approvals,waivers,and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States,the State of California,the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 City Council 15 — 36 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20, NOTICE Any notice,tender,demand,delivery,or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail,postage prepaid,or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) F.O.Box 1988 Santa Ana,CA 92702-1988 With courtesy copies to: Executive Director,Public Works Agency City of Santa Ana 20 Civic Center Plaza.(M-21) P.O.Box 1988 Santa Ana,California 92702 To Contractor; Inter-Pacific Inc. Attn:Richard Kuk,President 39 Peters Canyon Rd. Irvine,CA 92606 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days alter it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed, as set forth above. For purposes of calculating these time frames,weekends,federal,state,County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees,for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 15 — 37 10/7/2025 or power is not,in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L.Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R.CARVALHO INTER-PACIFIC INC. City Attorney Y. , Kyle�N611esen Richard Kuk Assistant City Attorney President RECOMMENDED FOR APPROVAL: Ro 0jfelosas, . . Acting Executive Director Public Works Agency Page 10 of 10 City Council 15 — 38 10/7/2025 EXI-BBxT A SCOPE OF SERVICES City Council 15 — 39 10/7/2025 :. SCOPE OFWORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City Is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Electrical Contractor services on an "as-needed"basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three(.3)year period with provisions for one(1)additional two-year renewal option.All pricing shall remain firm for the initial contract period. D. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general electrical repair services throughout the City, including computer room circuits, installing and re-routing conduit, Installing switches and receptacles, testing, and other upgrades, installations and replacements for City components and infrastructure on an as-need basis. All City buildings are covered under this contract. The selected firm(s) must be available to respond to the City's request for Services twenty-four(24)hours a day, seven (7)days a week. The Contractor shall provide all services in accordance with the current state adopted codes,and repair service laws or ordinances,and all rules and regulations of health,public and/or other authorities controlling or limiting the methods and materials to be used,or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND 09AIIFtEM1ENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager,or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building taws, City Regulations, Code Requirements(City&State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and Jobsites will be left in a"broom swept" clean, safe, and workable condition. 6. in the event of accidental site damage,it will be the responsibility of the Contractor to return the site to its original condition, at no cast to the City. 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work.At the end of each day at City of Santa Aria IFB No.26.069A Page 3 of 20 City Council 15 — 40 10/7/2025 SCOPE OF WORD a site,Contractor shall remove all rubbish,debris,tools,equipment and materials from a project and shall leave work area"broom clean"or equivalent unless more exactly specified by the City Representative. 8, Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, .agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof,without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11.Contractor shall provide written, "not to exceed"estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2)working days and provide written estimates within five (6)days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12.In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. 13.Contractor shall be able to install Cata cables and certify in writing. G. DELIVERY REQUIREMENTS AND LOCATION($) 1. Please see Exhibit II, D. CARE FLEET REGULATIONS: The California Air Resources Board ("CARS") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations("Regulation")which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used In California. A copy of the Regulation is available at: htt_ ps!!_ww2.arb_ea.govlsitesldefaultlfilesl arculre act120221off roaddiesellap�a-1..pdf. Bidders are required to comply with all CARS and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et soq,throughout the duration of the Project. Bidders must provide,with their Bid, copies of Bidder's and all listed subcontractors'most recent, valid Certificate of Reported Compliance ("CRC") Issued by GARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No.25-069A Page 4 of 20 City Council 15 — 41 10/7/2025 EX1 mff B COMPENSATION City Council 15 — 42 10/7/2025 a ATTACHMENT A BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying Instructions to bidders, and hereby propose to provide the specified Items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein, Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90)days and will be regarded by the City as bidder's best and final offer.Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited.to direct and indirect costs for labor. overhead, insurance, business_expenses, incidental sugplies, mileage,fuelffuel surcharges and any,other miscellaneous charges. LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) Electrician Services: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2 Journeymen Hourly Rate for Regular Business Hours: 91.50 1 Mond a through_Frida , 8:00am_ S:OOPm_-- $ Journeymen After Hours hourly Rate,5:01 pm--7:59.am(Including 122.51 2 Weekends and Holidays)_ �_---- J©urneymen Hourly Rate for Emergency After Business Hours 15152 3 Monday through Friday 5- 00PT—8.00am _ _ _ _- --- General Helper Hourly Rate for Regular Business Hours: 74.58 4 Monday through Friday,8:00am--5 00pm — General Helper After Hours Hourly Rate,5:01 pm 7:59am(Including 94 53 5 Weekends) _ ___ _ General Helper Hourly Rate for Emergency After Business Hours 114.49 6 Monday thro�h Frida 5:00 m -8:00am ----.__ _ _- $ -_ Percentage Mark up for Materials,Supplies,and parts(for exercisable 10.00 - 7 ----% Note: Include all miscellaneous costs in Regular and After-hours rates. (E.g. equipment, truck, etc.) NOTE.THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES.BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL. FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE E1V`LERED IN PLA&ETSIDS. City of Santa Ana IFB No.25-069A , City Council 15 — 43 10/7/2025 ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Inter-Pacific, Inc. Business Address: _ 39 Peters Canyon Rd., Irvine, CA 92606 Southern California Address: (if different) _ Website Address: _ www.inter-paciflc.com _ Length of time firm has been in business_ 24 years Type of business: S-type If incorporated, Illinois (LLC, Partnership,or Corporation) corporation State of Incorporation. LOCAL YpNDQR RREFERENCV Please check the applicable category below. City of Santa Ana Business License Number: 0"Small"Santa Ana Business(7%preference) 376042 ❑"Small'Orange County Business(4%preference) ❑ Other Santa Ana Business(11%preference) Orange County City: ❑ None Apply Business License No: 102-577844 P.IlBLIC.WORK'C.QNTRACTOR.INFORMATION(!F APP.I.iCABL6} CSLB Number(s):917831 DIR Registration Number: Contractors License Classification(s): B, C_7, G-1® 1000011377 PROJI~CT MANAGER CONTACT INFORMATION Name:Enoch Kang Phone:949 529-5977 Email:ekang@lnter-pacific.com ext 204 CONTRACT ADMINISTRATOR CONTACT.INFORMATION (Insurance and;other a imn!61 t�ative;questions} Name:Richard Kuk Phone:949-529-6977 Email:rkukminter-pacific..com ext 107 BIDDERS STATEMENT, With my signature l confirm that I am authorized to bind the company. By submitting this Bid, I confirm have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City In accordance with said terms and conditions. :.� Project Engineer Signature Title Attachment B City of Santa Ana I Purchasing Page 1 of 2 City Council 15 — 44 10/7/2025 I AGREEMENT WITH RADIANT ELECTRIC TO PROVIDE ON-CALL ELECTRICAL CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Radiant Electric,LLC.,a California limited liability company("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 City issued Invitation for Bids (IFB)No. 25-069A, by which it sought contractors to provide on-call electrical contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work. that was included in IFB No. 25-069A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows: 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials,tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services-Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-069A.The total compensation for these services provided by all such contractors selected under IFB 25-069A shall not exceed the shared aggregate amount of Three Million, One Hundred and Fifty Thousand Dollars ($3,150,000) Page 1 of 10 City Council 15 — 45 10/7/2025 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation, Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable "public works"or"maintenance"project,as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such 'Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2of10 City Council 15 — 46 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes,which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement, Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 15 — 47 10/7/2025 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: I. COL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials,parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers,officials,employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. S. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten(10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate IIolder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Public Works Agency, 20 Civic Center Plaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins.However, failure to obtain the required docuinents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of t0 City Council 15 — 48 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1.The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3.If coverage is canceled or non-renewed,and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees, contractors, special counsel, and representatives from liability: (1)for personal injury,damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City,regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Page 5of10 City Council 15 — 49 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a)has been disclosed in publicly available sources; (b) is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified under this Agreement. b. No immediate family members of either. the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 City Council 15 — 50 10/7/2025 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. pull written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections(b)and(c) above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race,color, creed,religion,sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto,the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 City Council 15 — 51 10/7/2025 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed.by the party waiving the breach, failure, right or remedy.No waiver of any breach, failure or right,or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California,shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals,waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 City Council 15 — 52 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Cleric City of Santa Ana 20 Civic Center Plaza.(M-30) P.O, Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988. Santa Ana, California 92702 To Contractor: Radiant Electric Attn: Samuel Sandoval 935 Sharon Road Santa Ana, CA 92706 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four(24)hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends,federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9 of 10 City Council 15 — 53 10/7/2025 or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L. Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO RADIANT ELECTRICLLC City Attorney By: / Kyle ellesen Samuel Sandoval Assistant City Attorney CEO RECOMMENDED FOR APPROVAL: �pr od fo Ro s, P.E ting Execu ive Director Public Works Agency Pa�e 10 of 10 City Council 15 — 54 10/7/2025 EXHIBIT A SCOPE OF SERVICES City Council 15 — 55 10/7/2025 SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Electrical Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general electrical repair services throughout the City, including computer room circuits, installing and re-routing conduit, installing switches and receptacles, testing, and other upgrades, installations and replacements for City components and infrastructure on an as-need basis. All City buildings are covered under this contract. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at City of Santa Ana IFB No. 25-069A Page 3 of 20 City Council 15 — 56 10/7/2025 SCOPE OF WORK a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. 13. Contractor shall be able to install Cat5 cables and certify in writing. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit Il. D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-069A Page 4 of 20 City Council 15 — 57 10/7/2025 EXHIBIT B COMPENSATION City Council 15 — 58 10/7/2025 ATTACHMENT A BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies. mileage, fuel/fuel surcharges, and any other miscellaneous charges. LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) Electrician Services: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination O RA-2020-2 •N—LABOR RATES PER HOUR Journeymen Hourly Rate for Regular Business Hours: 1 Monday through Friday, 8:00am—5:00 m $ 1 �L Journeymen After Hours Hourly Rate, 5:01 pm—7:59am (Including 2 Weekends and Holidays) $ Ll 8. Ll Journeymen Hourly Rate for Emergency After Business Hours 3 Monday through Friday, 5:00 m—8:00am $ General Helper Hourly Rate for Regular Business Hours: 4 Monday through Friday, 8:00am—5:00 m $ 0 o2 General Helper After Hours Hourly Rate, 5:01 pm—7:59am(Including 5 Weekends) $ General Helper Hourly Rate for Emergency After Business Hours 6 Monday through Friday, 5:00 m—8:00am $ Percentage Mark up for Materials, Supplies, and Parts(for exercisable 7 renewal options) Note: Include all miscellaneous costs in Regular and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETBIDS. City of Santa Ana IFB No. 25-069A City Council 15 — 59 10/7/2025 ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Radiant Electric LLC Business Address: 935 Sharon Rd. Santa Ana, CA 92706 Southern California Address: (if different) Website Address: www.rdntservices.com Length of time firm has been in business: 2016-present Type of business: LLC If incorporated, (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑✓ "Small" Santa Ana Business (7% preference) 363847 ❑✓ "Small" Orange County Business(4% preference) ❑ Orange County City: Santa Ana Other Santa Ana Business (1% preference) El None Apply Business License No. 363847 PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s):498654 DIR Registration Number: Contractor's License Classification(s): C-1 Q PW-LR-1001014433 PROJECT MANAGER CONTACT INFORMATION Name:Samuel Sandoval Phone:657-456-6369 Email:sam.rdnt@gmail.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name:Armida Snipes Phone:714-362-7427 Email:radaintelectric@rdntservices. com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. Chief of Operations Signature Title Attachment B City of Santa Ana/Purchasing Page 1 of 2 City Council 15 — 60 10/7/2025 AGREEMENT WITH WILLIAMS AND MAHER INC. TO PROVIDE ON-CALL ELECTRICAL CONTRACTOR SERVICES THIS AGREEMENT is made and entered into on this 7th day of October, 2025 by and between Williams and Maher, 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 City issued Invitation for Bids (IFB)No. 25-069A, by which it sought contractors to provide on-call electrical contractor services on behalf of the City of Santa Ana's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in IFB No. 25-069A and attached as Exhibit A. Contractor's proposal shall be incorporated by reference as though fully attached here to this Agreement. C. Contractor was selected as one of four (4) vendors which qualified for this engagement. Only those contractors approved by the City Council on October 7, 2025 shall be eligible to be engaged by the City for these services. D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field, NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth,the parties agree as follows; 1. SCOPE OF SERVICES On an on-call basis, and in the City's sole discretion, Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services-Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum. or maximum compensation. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Contractor is one of four (4) Contractors selected under IFB 25-069A.The total compensation for these services provided by all such contractors selected under IFB 25-069A shall not exceed the shared aggregate amount of Three Million, One Hundred and Fifty Thousand Dollars ($3,150,000) Page 1 of 10 City Council 15 — 61 10/7/2025 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH)transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three (3) year term with the option for the City to grant up to one (1) two-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on"public works"and"maintenance"projects. If the services being performed are part of an applicable"public works"or"maintenance"project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however,the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, Page 2of10 City Council 15 — 62 10/7/2025 modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor malces no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk, 7. INSURANCE Prior to undertaking performance of work under this Agreement,Contractor shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services,products and materials supplied to City.Total cost of such insurance shall be borne by Contractor. MINIMUM SCOPE AND LIMIT OF INSURANCE Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL), Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and$,000,000 aggregate. 2. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of$1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits,which can be less than $1,000,000. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. The requirement can be waived if Contractor has no employees. If Contractor maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Page 3 of 10 City Council 15 — 63 10/7/2025 Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents,and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. CGL, AL, and WC policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Contractor for City. 3. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials,employees,agents,or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought,except with respect to the insurer's limits of liability. 5. Each insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty(30)days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non- renewal due to non-payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention; Public Works Agency, 20 Civic Center PIaza (M-21), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Seif-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with original Certificates of Insurance including all required amendatory endorsements(or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Page 4 of 10 City Council 15 — 64 10/7/2025 City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three(3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub-contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub-contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk,prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors,special counsel, and representatives from liability: (1)for personal injury, damages,just compensation,restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and(2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent Contractor'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 claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Page 5 of 10 City Council 15 — 65 10/7/2025 Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of Final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance,but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a) has been disclosed in publicly available sources; (b) is,through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or(e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE a. Contractor covenants that it presently has no interests and shall not have interests,direct or indirect,which would conflict in any manner with performance of services specified. under this Agreement. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Contractor or have any other direct Page 6 of 10 City Council 15 — 66 10/7/2025 or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards,to any former full-time employee for one-year from date of employee separation except for any Ca1PERS retiree as authorized by City Council resolution d. The Contractor must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Contractor warrants that it is not now aware of any facts which conflict with the prohibitions defined above.If the Contractor hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. c. Contractor covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and(c) above. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion,termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT 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 terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to,the terms and conditions hereof, shall not bind or obligate Contractor or the City.Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 7 of 10 City Council 15 — 67 10/7/2025 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy.No waiver of any breach,failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar,nor shall any waiver constitute a continuing waiver unless the writing so specifies. 1.8. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and Page 8 of 10 City Council 15 — 68 10/7/2025 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice,tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section,to the following persons: To City; City Clerk City of Santa Ana 20 Civic Center Plaza(M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Williams and Maher Attn: Larry Williams 1406 Ritchey Street, Suite E Santa Ana, CA 92705 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames,weekends,federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority Page 9of10 City Council 15 — 69 10/7/2025 or power is not, in fact,held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Jennifer L.Hall Alvaro Nunez City Clerk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO WILLUMS AND MAHER City Attorney Kyle Neilesen ny W• s/ Assistant City Attorney Owner RECO ENDED FOR APPROVAL: �o`c Rodolfo osas, P.E. cting Exe ve Director Public Works Agency Page 10 of 10 City Council 15 — 70 10/7/2025 EXIHBIT A SCOPE OF SERVICES City Council 15 — 71 10/7/2025 (9) SCOPE OF WORK I. SCOPE OF WORK Contractor shall perform scope of work as set forth below and in accordance with ATTACHMENT A. A. GENERAL DESCRIPTION The City is soliciting competitive bids from qualified contractors to establish multiple contracts to provide professional Electrical Contractor services on an "as-needed" basis, at various locations throughout the City of Santa Ana. per ATTACHMENT A. The initial contract shall be for a three (3) year period with provisions for one (1) additional two-year renewal option. All pricing shall remain firm for the initial contract period. B. SPECIFICATIONS The City of Santa Ana intends to engage multiple qualified Contractors to supply personnel and additional resources necessary to provide general electrical repair services throughout the City, including computer room circuits, installing and re-routing conduit, installing switches and receptacles, testing, and other upgrades, installations and replacements for City components and infrastructure on an as-need basis. All City buildings are covered under this contract. The selected firm(s) must be available to respond to the City's request for Services twenty-four (24) hours a day, seven (7) days a week. The Contractor shall provide all services in accordance with the current state adopted codes, and repair service laws or ordinances, and all rules and regulations of health, public and/or other authorities controlling or limiting the methods and materials to be used, or the actions of those engages in this kind of work. GENERAL WORK DESCRIPTION AND REQUIREMENTS: 1. The Contractor shall take all necessary precautions to prevent fire hazards and spontaneous combustions. 2. The Contractor must give immediate notice to the Facilities Maintenance Manager, or his designee, of any condition deemed hazardous to personnel and/or visitors to the City. 3. All work performed will comply in every respect with Building Laws, City Regulations, Code Requirements (City & State). 4. All equipment, materials, etc. specified to be removed from the site shall become property of the Contractor, unless otherwise stated. 5. All repair work and jobsites will be left in a "broom swept" clean, safe, and workable condition. 6. In the event of accidental site damage, it will be the responsibility of the Contractor to return the site to its original condition, at no cost to the City. 7. Contractor shall keep all jobsite work areas free from accumulations of waste material or rubbish caused by Contractor employees and their work. At the end of each day at City of Santa Ana IFB No. 25-069A Page 3 of 20 City Council 15 — 72 10/7/2025 SCOPE OF WORK a site, Contractor shall remove all rubbish, debris, tools, equipment and materials from a project and shall leave work area "broom clean" or equivalent unless more exactly specified by the City Representative. 8. Contractor shall comply with all hazardous materials disposal laws, rules, regulations and ordinances. The contractor shall comply with all applicable Federal, State and local laws and regulations and all conditions of permits controlling pollution of the environment. 9. The contractor shall adequately secure and protect his/her own tools, equipment, materials and supplies. The City shall assume no liability for any damage, theft or negligent injury to the contactor's property or to the property of his/her employees, agents or sub-contractors. 10. In submitting a bid, the Contractor, agrees all work under this contract is to be performed by the Contractor's own workforce. The Contractor shall not assign or subcontract any work, or any part thereof, without the expressed consent of the City of Santa Ana Facilities Maintenance Manager, or his designated representative. 11. Contractor shall provide written, "not to exceed" estimated at no charge to the City as requested. This estimate shall include the estimated number of hours, number and type of employees required, estimated material costs and number of calendar days required for project completion. Contractor shall respond to request for estimates within two (2) working days and provide written estimates within five (5) days. It shall be the contactor's responsibility to ensure they have all information to prepare accurate estimates. 12. In the event the work performance of the contactor is unsatisfactory, the contractor shall be notified and shall have seven (7) calendar days to correct the work at no charge to the City. 13. Contractor shall be able to install Cat5 cables and certify in writing. C. DELIVERY REQUIREMENTS AND LOCATION(S) 1. Please see Exhibit II. D. CARB FLEET REGULATIONS: The California Air Resources Board ("CARB") implemented amendments to the In-Use Off-Road Diesel-Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at: https://ww2.arb.ca..qov/sites/defauIt/files/barcu/regact/2022/off-roaddiesel/appa-1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non-responsive. City of Santa Ana IFB No. 25-069A Page 4 of 20 City Council 15 — 73 10/7/2025 EXHIBIT B COMPENSATION City Council 15 — 74 10/7/2025 '- ATTACHMENT A BIDDER'S PROPOSAL FORM The undersigned declares that they have carefully examined the specifications, have read the accompanying instructions to bidders, and hereby propose to provide the specified items and/or services, in accordance with City needs and/or fund availability and the specifications provided herein. Indicate unit price for each line item. Total quotation is to be firm offer for no less than ninety (90) days and will be regarded by the City as bidder's best and final offer. Quantities listed are for bid comparison only and are subject to change. The City reserves the right to increase or decrease quantities based on current needs. Pricing must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, insurance, business expenses, incidental supplies, mileage, fuel/fuel surcharges, and any other miscellaneous charges. LABOR RATES FOR THE INITIAL CONTRACT PERIOD SEPTEMBER 2025—AUGUST 2028 (3 YEAR CONTRACT) Electrician Services: As defined by Scope of Work Provisions in California DIR General Prevailing Wage Determination ORA-2020-2 DESCRIPTION : • - RATES PER HOUR Journeymen Hourly Rate for Regular Business Hours: 1 Mondaythrough Friday, 8:00am —5:00 m $ 98.00 Journeymen After Hours Hourly Rate, 5:01 pm—7:59am (Including 2 Weekends and Holidays) $ 130.00 Journeymen Hourly Rate for Emergency After Business Hours 3 Monday through Friday, 5:00 m— 8:00am $130.00 General Helper Hourly Rate for Regular Business Hours: 4 Monday through Friday, 8:00am — 5:00 m $ 70.00 General Helper After Hours Hourly Rate, 5:01 pm—7:59am (Including 5 Weekends) $90.00 General Helper Hourly Rate for Emergency After Business Hours 6 Monday through Friday, 5:00 m — 8:00am $ 90.00 Percentage Mark up for Materials, Supplies, and Parts (for exercisable 7 renewal options) 15 % Note: Include all miscellaneous costs in Regular and After-hours rates. (E.g. equipment, truck, etc.) NOTE: THIS PROJECT IS A PUBLIC WORK AND IS SUBJECT TO PREVAILING WAGES. BID ITEM QUANTITIES ARE ESTIMATED AND PROVIDED FOR THE PURPOSE OF CALCULATING COMPETITIVE BIDS. BID ITEM QUANTITIES MAY VARY FROM THE FINAL FIELD QUANTITIES AND ARE NOT GUARANTEED. PRICING SHALL ALSO BE ENTERED IN PLANETB/DS. City of Santa Ana IFB No. 25-069A City Council 15 — 75 10/7/2025 ATTACHMENT B BIDDER'S STATEMENT AND COMPANY INFORMATION A. COMPANY INFORMATION Company Full Legal Name: Williams and Maher Inc Business Address: 1406 Ritchey St., Ste. E, Santa Ana, CA 92705 Southern California Address: (if different) N/A Website Address: None Length of time firm has been in business: Formed on 09/13/1984 Type of business: Corporation If incorporated, California (LLC, Partnership, or Corporation) State of Incorporation: LOCAL VENDOR PREFERENCE Please check the applicable category below. City of Santa Ana Business License Number: ❑"Small" Santa Ana Business (7% preference) 21386 ❑"Small" Orange County Business(4% preference) ❑Other Santa Ana Business (1% preference) Orange County City: ❑ None Apply Business License No: PUBLIC WORK CONTRACTOR INFORMATION (IF APPLICABLE) CSLB Number(s): DIR Registration Number: N/A Contractor's License Classification(s): PROJECT MANAGER CONTACT INFORMATION Name: Phone: Email: Larry Williams (714) 863-6517 williamsandmaher@gmail.com CONTRACT ADMINISTRATOR CONTACT INFORMATION (insurance and other administrative questions) Name: Phone: Email: Larry Williams (714) 863-6517 williamsandmaher@gmail.com BIDDERS STATEMENT: With my signature I confirm that I am authorized to bind the company. By submitting this Bid, I confirm I have read, understand, and accept the terms and conditions of this Invitation for Bid. Upon request, I will transfer and deliver all goods to the City in accordance with said terms and conditions. - ILL Larry Williams, Owner ignature Title Attachment B City of Santa Ana/Purchasing Paoe 1 of 2 City Council 15 — 76 10/7/2025 Public Works Agency www.santa-ana.org/pw Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Santa Ana Boulevard Grade Separation Project AGENDA TITLE Second Amendment to Agreement with Mark Thomas & Company, Inc. for Grant Writing Services (No. 22-6899, 24-6899, 25-6899 & 26-6899) (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the second amendment to the agreement with Mark Thomas & Company, Inc. for grant writing services for the Santa Ana Boulevard Grade Separation in the amount of $75,000, for a new total not-to-exceed amount of $405,000 and exercise the final extension option ending December 20, 2026 (Agreement No. A-2025-XXX). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The proposed Santa Ana Boulevard Grade Separation is adjacent to the Santa Ana Regional Transportation Center (SARTC) and will include a new four-lane underpass to replace the existing at-grade rail crossing at the Southern California Regional Rail Authority (SCRRA) double tracks on Santa Ana Boulevard. This project will eliminate the at-grade crossing allowing for enhanced safety by separating vehicles, pedestrians, and cyclists from trains at the railroad crossing. It will reduce traffic congestion along a busy arterial, encourage a passenger rail mode shift, reduce air and noise pollution, provide unhindered access for emergency vehicles, and provide connectivity across Santa Ana Boulevard to SARTC. The improvements will include a raised median, bike lanes, sidewalks, storm water pump station, space for a transportation opportunity zone, and a pedestrian plaza. The total cost of this proposed project is estimated to be $126,500,000 and can only be realized with grant funding, which is typical for transportation projects of this magnitude. On September 27, 2021, the Public Works Agency released Request for Proposal (RFP) No. 21-111, by which it sought the services of a professional engineering firm to provide grant writing services for the Public Works Agency Santa Ana Boulevard Grade Separation Project. Mark Thomas & Company, Inc. was awarded an agreement based upon the scope of work and selection criteria outlined in the RFP for a total amount not- to-exceed $330,000. City Council 16 — 1 10/7/2025 Second Amendment Mark Thomas Grant Writing October 7, 2025 Page 2 Mark Thomas & Company, Inc. has submitted several grant applications for the Santa Ana Boulevard Grade Separation as part of the original agreement scope, including two successful grant awards of $7,000,000 from Transit and Intercity Rail Capital Program (TIRCP) and a $25,000,000 from Rebuilding American Infrastructure with Sustainability (RAISE) grant programs. Staff recommends executing a second amendment to the current agreement with Mark Thomas & Company, Inc. for an additional amount of $75,000 to provide grant writing services for additional grant applications, including the Railroad Crossing Elimination Program (RCE), Consolidated Rail Infrastructure and Safety Improvement (CRISI), Better Utilizing Investments to Leverage Development (BUILD), and Trade Corridor Enhancement Program (TCEP)for the Santa Ana Boulevard Grade Separation project (Exhibit 1). ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT Funds are budgeted and available in the following account for Fiscal Year 2025-26. Any remaining balances not expended at the end of the fiscal year will be presented to City Council for approval of carryovers to FY 2026-27. Accounting Accounting Unit - Fiscal Description Y Fund Unit -Account Account No. Amount Year No Description Measure M2 Local 03217662- Measure M Fairshare, 2025-26 66220 Street Improvements Other $75,000 (Proj. 26-6899) Construction Than Buildings TOTAL: $75,000 EXHIBIT(S) 1. Agreement Amendment with Mark Thomas & Company, Inc. Submitted By: Rodolfo Rosas, P.E., Acting Executive Director— Public Works Agency Approved By: Alvaro Nunez, City Manager City Council 16 — 2 10/7/2025 SECOND AMENDMENT TO AGREEMENT TO PROVIDE GRANT WRITING SERVICES FOR THE CITY OF SANTA ANA THIS SECOND AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between Mark Thomas & Company, Inc., a California corporation ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The parties entered into Agreement No. A-2021-250, dated December 21, 2021, by which Consultant agreed to provide grant writing services for the Santa Ana Boulevard grade separation ("Agreement"). The term of the Agreement included an option for the parties to extend the term for up to two (2) one (1) year periods. B. On April 16,2024,the parties entered into a First Amendment to the Agreement(A-2024-044) to prepare an additional three(3)grant applications and increase the total not-to-exceed amount due under the Agreement to reflect the additional three (3) grant applications to be written by Consultant. C. On December 11, 2024, the parties opted to exercise the first of the one-year extensions (A- 2021-250-01). The Agreement is current and in-effect and expires on.December 20, 2025. D. The parties now wish to amend the Scope of Services set forth in the Agreement to include Consultant's preparation of an additional four(4) grant applications and increase the total not- to-exceed amount due under the Agreement to reflect the additional four(4) grant applications to be written by Consultant. The parties also further wish to exercise the final option to extend the term of the Agreement. No other changes are contemplated by this Second Amendment. The Parties therefore agree: I. Section 1, Scope of Services, is hereby amended to include the following language: Furthermore, Consultant will provide grant writing services for an additional four (4) grant applications, including: 1) 2025 Railroad. Crossing Elimination (RCE) Program; 2) 2025 Consolidated Rail Infrastructure and. Safety Improvement (CRIS1) .Program; 3) 2026 Better Utilizing Investments to Leverage Development (BUILD) Program; and 4) 2026 Trade Corridor Enhancement Program (TCEP), as further described in Exhibit A-2, which is attached hereto and incorporated herein by reference. 2. Section 2.a., Compensation, is amended to increase the not-to-exceed amount by an additional $75,000.00, for a total not-to-exceed amount under the Agreement of$405,000. 3. Section 3, Term, is extended for an additional one-year period through December 20, 2026. The parties agree and understand that this extension of the term reflects the final available option to extend under the terms of the Agreement. Page I of 2 City Council 16 — 3 10/7/2025 4. Except as modified by this Second Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM MARK THOMAS Sonia R. Carvalho City Attorney By: � 1$ E NELLESEN By: Pat Somerville Assistant City Attorney Title: Associate Principal RECOMMENDED FOR APPROVAL zf� rLFO SAS, cting Ex ut' irector Public Works Agency Page 2 of 2 City Council 16 — 4 10/7/2025 EXHIBIT A-2 LA MARK THOMAS August 9, 2025 City of Santa Ana Project No. 21-00208 Public Works Agency 20 Civic Center Plaza, Ross Annex, M-20 Santa Ana, CA 92702 Attn: Gilbert Castillo, Senior Engineer RE: Amendment #2— Santa Ana Grade Separation Grant Writing Services Dear Mr. Castillo: Mark Thomas has enjoyed working with the City of Santa Ana (City) on the Santa Ana Grade Separation Grant Writing Services. Per the City's request, we have prepared this amendment to provide ongoing funding support. This includes preparing four grant applications. For this scope of work, are anticipating the grant applications to include: • 2025 Railroad Crossing Elimination (RCE) Program • 2025 Consolidated Rail Infrastructure and Safety Improvement (CRISI) Program • 2026 Better Utilizing Investments to Leverage Development (BUILD) Program • 2026 Trade Corridor Enhancement Program (TCEP) SCOPE OF WORK Task 1 — 2025-2026 Additional Grant Applications Task 1.1 —2025 RCE Grant Application Mark Thomas will prepare the draft and final RCE grant application for the project. We will prepare the application in accordance with the USDOT issued Notice of Funding Opportunity (NOFO). This is anticipated to include grant narrative responses, scope of work, schedule and budget documents, and forms. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support. We will prepare Caltrans intake forms and letter templates to obtain state support. Mark Thomas will also prepare the application files for submission and upload documents to grants.gov. -:THOrn aS.COr.; City Council 16 — 5 10/7/2025 i PAGE 2OF3 Deliverables • Draft and Final Grant Application Narrative • Draft and Final Statement of Work Documents • Draft and Final Letter of Support Template • Draft and Final Caltrans Intake Forms Task 1.2 —2025 CRISI Grant Application Mark Thomas will prepare the draft and final RCE grant application for the project. We will prepare the application in accordance with the USDOT issued NOFO. This is anticipated to include grant narrative responses, scope of work, schedule and budget documents, benefit cost analysis (BCA) and memorandum, and forms. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support. We will prepare Caltrans intake forms and letter templates to obtain state support. Mark Thomas will also prepare the application files for submission and upload documents to grants.gov. Deliverables • Draft and Final Grant Application Narrative • Draft and Final Statement of Work Documents • Draft and Final BCA Calculations and Memorandum • Draft and Final Letter of Support Template • Draft and Final Caltrans Intake Forms Task 1.3 —2026 BUILD Grant Application Mark Thomas will prepare the draft and final BUILD grant application for the project. We will prepare the application in accordance with the USDOT NOFO. This is anticipated to include grant narrative responses, BCA and memorandum, and forms. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support. We will prepare Caltrans intake forms and letter templates to obtain state support. Mark Thomas will also prepare the application files for submission and upload documents to grants.gov. Deliverables • Draft and Final Grant Application Narrative • Draft and Final BCA Calculations and Memorandum • Draft and Final Letter of Support Template • Draft and Final Caltrans Intake Forms '.?49)4-17-9000 -. =I ALTO.1 aAR4_. - -✓IHE.CA 92Gi MARKTHOA4A5 City Council 16 — 6 10/7/2025 j PAGE 3 OF 3 Task 1.4—2026 TCEP Grant Application Mark Thomas will work with Caltrans to pursue a joint TCEP nomination. This includes developing intake forms and responding to Caltrans' requests. We will coordinate and lead office hours meetings with the California Transportation Commission (CTC) to discuss the project. We will prepare the application in accordance with the CTC grant guidelines. This is anticipated to include grant narrative responses, BCA and memorandum, performance measures, and Project Programming Request form. We will prepare revised graphics and maps as necessary. Mark Thomas will prepare a letter of support template. We will work with the City to obtain letters of support. Mark Thomas will also prepare the application files for submission and submit the application to the CTC on the City's behalf. Deliverables • Draft and Final Caltrans Intake Forms • Draft and Final Grant Application Narrative • Draft and Final BCA Calculations and Memorandum • Draft and Final Performance Measures • Draft and Final Project Programming Request • Draft and Final Letter of Support Template COST PROPOSAL The cost to prepare the scope of work is $74,995. A detailed cost estimate by task and staff classification is provided on the following page. Thank you for the opportunity to continue to work with the City on securing funding for the project. If you have any questions regarding our amendment, please feel free to contact me at (916) 539-4680 or rbissegger@markthomas.com. Sincerely, MARK THOMAS AND COMPANY, INC. r Ryan Bissegger New Business Director + Associate MARNTHOMAS.COM City Council 16 — 7 10/7/2025 Ln N O N CO �. 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F— V a w 5 o z 0 In a H m a o v o � J � c a n 0) N Q C v DC w z CU o E LL O 9 3 N - c o N Q `m oaj v ❑ CL Q Q a n m � 3 Q Q a ¢ ¢ ~ t n o L N w ^ w O a O N .� U o- V (AG K N K U m F- F- 0 Ln U Ln Ln m A U y N N N N N w L vai Ln O O O o 0 3 O /L L6 N N N N m ❑ Ln S ❑ N A C K O + 0 W Q W ¢ V o N m a =- O F O O H 0 c a� N 0) IL City Council 16 - 8 10/7/2025 Human Resources Department www.santa-ana.org/HR Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Memorandum of Understanding between the City of Santa Ana and the Santa Ana Management Association and Resolution for Associated Unrepresented Classifications AGENDA TITLE Memorandum of Understanding Establishing the Terms and Conditions of Employment for Classifications Represented by the Santa Ana Management Association and Resolution Updating the Salary Schedule for Associated Unrepresented Classifications RECOMMENDED ACTION 1. Authorize the City Manager to execute a Memorandum of Understanding with the Santa Ana Management Association ("SAMA") regarding wages, hours, and other terms and conditions of employment effective July 1, 2025 through June 30, 2028 and authorize non-substantive changes which may be necessary to implement the agreement (Agreement No. A-2025-XXX). 2. Adopt a Resolution updating the salary schedule for associated unrepresented classifications. RESOLUTION NO. 2025-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City recently reached a tentative agreement with SAMA on a three (3)year successor Memorandum of Understanding ("MOU") effective July 1, 2025 through June 30, 2028. The tentative agreement has been ratified by SAMA membership. The major provisions of the agreement include: salary increases of five percent (5%) retroactive to July 13, 2025, four percent (4%) in July 2026, and three percent (3%) in July 2027; winter holiday closure language; increasing City medical contributions by fifty dollars ($50)for employee only coverage and one hundred fifty dollars ($150) per month for multi-person coverage in January 2026, January 2027, and January 2028; and increasing management vacation hours from eighty (80) hours per year to one hundred (100) hours per year. City Council 17 — 1 10/7/2025 Memorandum of Understanding between the City of Santa Ana and the Santa Ana Management Association October 7, 2025 Page 2 Other key terms of the agreement include: updated discipline and grievance processes; providing contributions to vision coverage for employees; modifying the number of management vacation hours that can be cashed out from eighty(80)to one hundred (100) per year; modifying the number of unused sick leave hours that may be converted to CalPERS service credit to a maximum of three hundred fifty-two (352) hours; and increasing paid bereavement leave from three (3) days to five (5) days. Lastly, pursuant to Resolution No. 2021-026, there are unrepresented classifications that mirror the salary increases and terms and conditions of employment of SAMA. The attached Resolution merely updates the respective salary schedule of the unrepresented classifications as a result of the salary increases provided to SAMA. ENVIRONMENTAL IMPACT There is no environmental impact associated with these actions. FISCAL IMPACT The estimated annual cost of the agreement during the three (3) year period is $946,488 for FY 2025-26, $1,693,166 for FY 2026-27, and $2,298,478 for FY 2027-28, for a total estimated cost of $4,938,132. The estimated annual cost for the associated unrepresented classifications during the three (3) year period is $91,675 for FY 2025-26, $174,176 for FY 2026-27, and $240,804 for FY 2027-28 for a total estimated cost of $506,655. The FY25-26 budget is sufficient to pay for the first year of the MOU, and future proposed budgets will be based on the terms of the MOU. EXHIBIT 1. Memorandum of Understanding between the City of Santa Ana and the Santa Ana Management Association 2. Resolution for associated unrepresented classifications Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nunez, City Manager City Council 17 — 2 10/7/2025 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA ANA AND SANTA ANA MANAGEMENT ASSOCIATION July 1 , 2025 — June 30, 2028 City Council 17 — 3 10/7/2025 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA MANAGEMENT ASSOCIATION FOR FISCAL YEARS 2025-2028 TABLE OF CONTENTS ARTICLEI ..................................................................................................................................... 4 1.0 RECOGNITION................................................................................................................... 4 ARTICLE1I.................................................................................................................................... 5 2.0 PURPOSE AND INTENT.................................................................................................... 5 ARTICLEIII................................................................................................................................... 6 3.0 IMPLEMENTATION........................................................................................................... 6 ARTICLEIV .................................................................................................................................. 7 4.0 ATTENDANCE, WORKDAY, WORKWEEK, &WORK SCHEDULE........................... 7 ARTICLEV.................................................................................................................................... 9 5.0 SALARIES ........................................................................................................................... 9 ARTICLEVI ................................................................................................................................ 18 6.0 ADDITIONAL COMPENSATION ................................................................................... 18 ARTICLEVII............................................................................................................................... 19 7.0 OVERTIME PAY............................................................................................................... 19 ARTICLEVIII.............................................................................................................................. 20 8.0 HOLIDAYS........................................................................................................................ 20 ARTICLEIX ................................................................................................................................ 23 9.0 VACATION........................................................................................................................ 23 ARTICLEX.................................................................................................................................. 28 10.0 OTHER LEAVES OF ABSENCE.................................................................................... 28 ARTICLEXI ................................................................................................................................ 37 11.0 EMPLOYEE INSURANCE ............................................................................................. 37 ARTICLEXII............................................................................................................................... 41 12.0 WELLNESS AND FITNESS REIMBURSEMENT PROGRAM................................... 41 ARTICLEXIII.............................................................................................................................. 42 13.0 RETIREMENT................................................................................................................. 42 ARTICLEXIV.............................................................................................................................. 44 14.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM ....................................... 44 City Council 17 — 4 10/7/2025 ARTICLEXV............................................................................................................................... 47 15.0 ELECTRONIC DEVICE STIPEND................................................................................. 47 ARTICLEXVI.............................................................................................................................. 48 16.0 STRIKES AND WORK STOPPAGES............................................................................ 48 ARTICLEXVII............................................................................................................................ 49 17.0 SOLE & ENTIRE MOU................................................................................................... 49 ARTICLEXVIII........................................................................................................................... 50 18.0 SEPARABILITY PROVISION........................................................................................ 50 ARTICLEXIX.............................................................................................................................. 51 19.0 DISCIPLINE..................................................................................................................... 51 ARTICLEXX............................................................................................................................... 54 20.0 GRIEVANCE REVIEW PROCEDURE.......................................................................... 54 ARTICLEXXI.............................................................................................................................. 58 21.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU.......................... 58 ARTICLEXXII............................................................................................................................ 59 22.0 EMERGENCY WAIVER PROVISION.......................................................................... 59 ARTICLE XXIII........................................................................................................................... 60 23.0 TERM ............................................................................................................................... 60 ARTICLEXXIV........................................................................................................................... 61 24.0 NON-DISCRIMINATION............................................................................................... 61 ARTICLEXXV............................................................................................................................ 62 25.0 RATIFICATION & EXECUTION................................................................................... 62 EXHIBITA................................................................................................................................... 64 EXHIBITB................................................................................................................................... 67 City Council 17 — 5 10/7/2025 ARTICLE I 1.0 RECOGNITION 1.1 Pursuant to the Employee Relations Resolution of the City of Santa Ana (Resolution Number 81-75) and applicable State law, the City of Santa Ana (hereinafter called "the City") certified the Santa Ana Management Association (herein after called "SAMA" or the "Union") on September 25, 2002, as the majority of the Middle Management and Administrative Management Representation Unit(hereinafter called the"Unit")previously found appropriate by the Employee Relations Officer. The City hereby recognizes SAMA as the certified majority representative of the full-time employees in said Unit. The term "employee" or "employees" as used herein shall refer only to full-time employees employed by the City in said Unit in the employee classifications comprising said Unit as listed in the attachments shown as listed "Exhibit A & B," as well as such classifications as may be added hereafter by the employee designated as the employee relations officer pursuant to Resolution No. 81-75. City Council 17 — 6 10/7/2025 ARTICLE II 2.0 PURPOSE AND INTENT 2.1 It is the purpose of this Memorandum of Understanding (hereinafter referred to as MOU) to promote and provide for harmonious relations, cooperation and understanding between the City and employees covered by this MOU. It sets forth the full and entire understanding reached in good faith negotiations regarding the wages, hours, terms and conditions of employment of employees covered by this MOU. 2.2 Notwithstanding the following provisions of this MOU, the parties agree that they have intended nothing herein to entitle, alter, or award Civil Service rights or privileges to any employee represented by SAMA who is in the Excepted Service of the City. City Council 17 — 7 10/7/2025 ARTICLE III 3.0 IMPLEMENTATION 3.1 This MOU constitutes a recommendation jointly submitted to the City Council of the City of Santa Ana. The parties agree that this MOU shall not be binding upon the parties until said City Council: A. Acts, by majority vote, formally to approve said MOU and, B. Acts to appropriate the necessary funds required to implement the provisions of this MOU that require funding. 3.2 Implementation shall be effective as of the date the MOU is both approved by the City Council and the funding has been appropriated pursuant to Section 3.1. If the parties fail to agree to implement provisions of this MOU not requiring City Council approval, then negotiations shall resume upon the request of either party. City Council 17 — 8 10/7/2025 ARTICLE IV 4.0 ATTENDANCE, WORKDAY, WORKWEEK, & WORK SCHEDULE 4.1 Attendance. All employees covered by this MOU shall be in attendance at their assigned worksite during hours prescribed by the City Manager or Executive Director they report to, or designee(s) and shall not absent themselves during prescribed hours without authorization. Employees shall not be required to submit Leave of Absence Requests for absences of two (2)hours or less provided that they have received prior authorization from their supervisor. 4.2 Hours of Work. Eight(8) hours of work shall constitute a normal day and forty(40) hours of work shall constitute a minimum workweek, except for employees for whom special regulations have been approved by the City Manager. A. 4/10 Work Schedule. The Executive Director, with the approval of the City Manager,may assign employees to a workweek consisting of four(4)ten(10)hour days with an additional one-half(1/2)or one(1)hour for unpaid lunch periods. The regular workweek shall consist of forty(40) hours. A regular day off shall consist of ten (10) hours. B. 9/80 Work Schedule. All employees shall be permitted to work a 9/80 work schedule when authorized by the Executive Director and approved by the City Manager. An employee will not be permitted to work this schedule if in the discretion of the Executive Director and City Manager,the 9/80 work schedule may reduce service to the public. 1. 9/80 Work Schedule Defined. The 9/80 work schedule shall be defined as working eighty (80) hours over nine (9) days in a two (2) week period. An employee shall work eight (8) days for nine (9) hours per day and one (1) day for eight (8) hours, excluding a one (1) hour lunch break during each work shift, totaling forty(40) working hours in each work week. a. The Work Week Period. The forty(40)hour work week period shall be defined as the work period starting from Friday at mid-shift to Friday at mid-shift. No employee working the 9/80 work schedule will be able to flex their Friday start time nor the time they take their lunch break, which will occur in the middle of the day on Fridays. b. The 9/80 Work Period. The 9/80 two (2) week work period for employees starts Friday mid-shift and continues for fourteen (14) City Council 17 — 9 10/7/2025 days until Friday mid-shift. During this period, each week is made up of four (4) nine-hour work days (thirty-six (36) hours) and one four (4) hour Friday and those hours equal forty (40) work hours in each work week (e.g., the Friday is split into four (4) hours for the first shift,which is charged to work week one and four(4)hours for the second shift, which is charged to work week two). C. Employees cannot change schedules without prior approval of their Executive Director. The purpose of this authorization is to review the impact on supervision, staffing, and workload. Employees may change schedules at the beginning of any work period with approval of their Executive Director. d. Modifications of the 9/80 work week period are not permitted unless authorized by the Executive Director of Human Resources and the City Manager. e. Emergencies: All employees on the 9/80 work schedule are subject to be called to work any time to meet any and all emergencies or unusual conditions that, in the opinion of the City Manager, Executive Director or designee, may require such service from any of said employees. 2. Leave Benefits. When an employee is off on a scheduled workday under the 9/80 work schedule, then nine (9) hours of eligible leave per workday shall be charged against the employee's leave balance or eight (8) hours shall be charged if the day off is a Friday. All leaves shall continue under the current accrual, eligibility, request, and approval requirements. 4.3 It is intent of the parties that no additional paid time off shall be gained or lost as a result of implementing any alternate work schedules. The City and SAMA agree to meet and confer to discuss abandoning any work schedule and implementing an alternate work schedule if the current schedule has not achieved the desired results. City Council 17 — 10 10/7/2025 ARTICLE V 5.0 SALARIES 5.1 Basic Compensation Plan. There is hereby established a basic compensation plan for all full-time personnel who are now employed or will in the future be employed in any of the designated classifications of employment represented by SAMA as listed in this MOU and its attachments. 5.2 Schedule of Salaries A. There are two (2) separate salary schedules, one for classifications of employment designated as Middle Management(MM)assigned to a seventeen(17)step monthly salary range, and one for classifications of employment designated as Administrative Management(AM)assigned to a five(5)step monthly salary range. The assignment of classifications to salary schedules for Middle Management (MM) and Administrative Management (AM) is listed in Exhibits A and B of this MOU. B. The basic salary schedule for Middle Management classifications contains numerous salary rate ranges, each range comprised of seventeen(17) separate rates of pay shown in monthly amounts. The respective rate ranges are identified by a two (2) digit number preceded by the capital letters "MM." The separate rates of pay or steps within each salary rate range are identified by the numbers"1"through "17" inclusive, with Step "1" being the lowest or minimum rate of the range, Step "9" the middle or midpoint rate of the range, and Step "17" being the highest or maximum rate. The purpose of each step and criteria for advancement are set forth in Section 5.8(A). C. The basic salary schedule for Administrative Management contains salary rate ranges comprised of five (5) steps or rates of pay shown in monthly amounts, identified by the letters "A"through"E" inclusive, with Step "A"being the lowest step in the range. The purpose of each step and criteria for advancement to the next higher step within a particular salary rate range are set forth in Section 5.8(B). 5.3 Salaries City Council 17 — 11 10/7/2025 A. Effective the first full period following July 1, 2025, classifications represented by this MOU shall receive a base salary increase of five percent (5%). B. Effective the first full pay period after July 1, 2026, classifications represented by this MOU shall receive a base salary increase of four percent (4%). C. Effective the first full pay period after July 1, 2027, classifications represented by this MOU shall receive a base salary increase of three percent(3%). D. Although there are some retroactive compensation adjustments included in this 2025 - 2028 MOU, all compensation adjustments provided for in this MOU shall apply only to those employees who are employed on the day in which the City Council approves this MOU. This applies to compensation adjustments in any Article of this MOU. 5.4 Application of Basic Compensation Plan. All employees working in classifications of employment covered by this MOU shall be compensated at a monthly rate, as set forth in Exhibits A and B. 5.5 Probation. Except for employees in the Excepted Service as defined by the City Charter, the probationary period shall be one (1) year from the date of appointment from an open eligible list (new hire), a reappointment eligible list (rehire), or appointment from a promotional eligible list. 5.6 Beginning Rates A. Middle Management Classifications. An employee appointed to a Middle Management classification shall be compensated at any rate within the lower third of the 17 step salary rate range (Steps "1" through "6") for their job classification as authorized by the Appointing Authority. When economic conditions, unusual employment conditions, or exceptional qualifications of a candidate for employment indicate a higher rate would be in the City's best interest, the City Manager may authorize hiring at a higher rate in the salary rate range but this higher rate generally shall not be above the midpoint (Step "9"). B. Administrative Management Classifications. An employee appointed to an Administrative Management classification may be placed by the Appointing Authority at any step within the applicable five(5) step salary rate range(Steps"A" through"E")in the schedule to which the classification has been assigned,provided that such employee shall be assigned such salary step upon the commencement of City Council 17 — 12 10/7/2025 their service in said classification and such assignment having once been made shall remain in effect until the said employee shall be entitled to advance to the next salary step in accordance with the further provisions of this Article. 5.7 Service. The word "service" as used in this MOU shall be deemed to mean continuous, full-time service in the classification in which the employee is being considered for salary advancement, service in the higher classification or service in a classification allocated to the same salary rate range and having generally similar duties and requirements. Notwithstanding the above, employees in classifications represented by SAMA who are hired after the first (1st) day of a pay period shall not be credited with time in service for that pay period when determining the length of service for salary advancement. A lapse of service by an employee for a period of time longer than ten (10) calendar days, by reason of resignation, quit, or discharge, shall serve to eliminate the accumulated length of service time of such employee for the purpose of this MOU, and any such employee reentering the service of the City shall be considered as a new employee, except that they may be reappointed as provided in Santa Ana Municipal Code (SAMC) Section 9-114 and may be placed in the same salary step in the appropriate salary rate range as they were at the time of termination of employment. 5.8 Advancement Within Ranges A. Middle Management Classes: The following provisions shall govern salary advancement within rate ranges for employees employed in SAMA Middle Management classes: 1. Effective July 13, 2025, for any employee in a Middle Management classification covered by this MOU who has been initially appointed to a step lower than Step "17, advancement in the Middle Management schedule of salary rate ranges may be granted only for continued meritorious and efficient service by said employee in the effective performance of the duties of their position. Such advancement shall be in two (2) step increments, each step being equivalent to two and one-half percent (2.5%), for a total increase of five percent (5%)per year, until Step "17" is achieved. For example, an employee shall advance from Step 1 to Step 3, Step 3 to Step 5, Step 5 to Step 7, Step 7 to Step 9, Step 9 to Step 11, Step 11 to Step 13, Step 13 to Step 15 and Step 15 to Step 17. The effective date of such merit step increase, if granted, shall the first (Is') day City Council 17 — 13 10/7/2025 of the pay period following completion of twenty-six (26) full pay periods at the step from which said employee is being advanced. 2. A Middle Management employee who previously advanced through the steps of each salary rate range using their initial date of hire into a middle management class shall retain that date as the anniversary date for purposes of advancing through the steps of each salary rate range while in their current class and for any subsequent promotions to a Middle Management class. The effective date of such merit step increase, if granted, shall be the first (15t) full pay period following the anniversary date. Such merit advancement shall require the following: a. There shall be on file in the office of the Executive Director of Human Resources a copy of each periodic performance appraisal required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to their last salary advancement. b. The Appointing Authority, at least twenty (20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager or their designee a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Appointing Authority as to such recommendations and shall be informed of the reasons. C. No advancement in salary shall become effective until approved by the City Manager or their designee, except when placement on a salary step above Step "1" results from promotion under the provisions of Section 5.9(A). d. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step advance shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step advancement shall be retroactive to the first (Is') full pay period following the completion of the required length of service. City Council 17 — 14 10/7/2025 3. When an employee in a Middle Management classification has not been approved for advancement to the next higher salary step, they may be reconsidered for such advancement after the completion of three(3)months of additional continued service in the classification and shall be reconsidered for advancement to the next higher step above their then current step after the completion of six (6) months of additional continued service in the classification. 4. An employee in a Middle Management classification who is being paid at any salary step above Step "1"may be reduced to the next lower step in the appropriate salary rate range upon the recommendation of the Appointing Authority and the approval of the City Manager or their designee. Procedure for such reduction shall follow the same procedure for merit advancement in Subsection 5.8(A)(2), and such employee may be considered for readvancement under the same provisions as contained in Subsection 5.8 (A)(3). B. Administrative Management Classifications: The following conditions shall govern salary advancement within five(5)step rate ranges for employees employed in Administrative Management classifications: 1. For an employee in an Administrative Management classification covered by this MOU who has been initially appointed to a step lower than Step"E," advancement to the next higher step (Step "B" from Step "A" or Step "C" from Step `B," etc.) may be granted only for continued meritorious and efficient service by said employee in the effective performance of the duties of their position. The effective date of such merit step increase, if granted, shall be the first(1 st) day of the pay period following completion of twenty- six (26) full pay periods the step from which said employee is being advanced. Such merit advancement shall require the following: a. There shall be on file in the Office of the Executive Director of Human Resources a copy of each periodic performance appraisal required to be made on the employee by the Civil Service Rules and Regulations and/or the City Manager during the period of service time of such employee subsequent to their last salary advancement. City Council 17 — 15 10/7/2025 b. The Appointing Authority, at least twenty(20) calendar days prior to the anticipated completion of such employee's required length of service, shall file with the City Manager a statement recommending the granting or denial of the merit increase and supporting such a recommendation with specific reasons therefore. The employee shall be notified by the Appointing Authority as to such recommendations and shall be informed of the reasons. C. No advancement in salary shall become effective until approved by the City Manager, except when placement on a salary step above Step "A" results from promotion under the provisions of Section 5.9(B). d. Notwithstanding the foregoing provisions of this subsection to the contrary, a merit step increase shall be automatically granted ninety (90) days after the due date if no performance appraisal is completed. The effective date of such merit step increase shall be retroactive to the first(1st) full pay period following the completion of the required length of service. 2. When any such employee in a classification designated as Administrative Management (AM) has not been approved for advancement to the next higher salary step,they may be reconsidered for such advancement after the completion of three (3) months of additional service and shall be reconsidered for advancement to the next higher step above their then current step after the completion of six (6) months of additional service. This reconsideration shall follow the same steps and shall be subject to the same actions as provided in Subsection 5.8(B)(1). 3. Any employee in an Administrative Management classification who is being paid at any salary step above "A" may be reduced to the next lower step in the appropriate salary rate range upon the recommendation of the Executive Director and the approval of the City Manager. Procedure for such reduction shall follow the same procedure for merit advancement provided in Subsection 5.8(B)(1), and such employee may be considered for re-advancement under the same provisions as contained in Subsection 5.8(B)(2). 5.9 Promotional Salary Advancement. City Council 17 — 16 10/7/2025 A. Middle Management Classifications: When an employee in a non-management classification of the City service is promoted to a Middle Management classification, they shall be placed at a salary rate in the appropriate salary rate range that will provide at least a five percent (5%) pay increase. B. Administrative Management Classifications: 1. Promotion from a Non-Management Classification. An employee who is promoted to an Administrative Management classification from a non- management classification of the City service shall be placed at a salary rate in the appropriate Administrative Management monthly salary rate range that provides a pay increase of at least five percent(5%). 2. Promotional Salary Advancement. When an employee in a classification designated as Administrative Management (AM) is promoted to a higher classification from a position in a lower classification in the same occupational career ladder, they shall be reassigned to the beginning step in the appropriate monthly salary range for the higher classification;provided, however, that if the base salary currently being paid such employee is already equal to or higher than such beginning step, they shall be placed in the lowest step in the appropriate monthly salary rate range as will grant the employee a pay increase of at least five percent(5%) over their current base salary step exclusive of pay premiums such as bilingual pay, special skills, or the like. 5.10 Demotion. A. Middle Management Classifications: When an employee in a Middle Management classification is demoted to a position in a lower classification, they shall be placed at a rate in the lower salary rate range which provides at least a five percent (5%) reduction in pay. B. Administrative Management Classifications: When an employee in a Administrative Management Classification is demoted to a position in a lower classification, their salary rate shall be fixed in the appropriate salary rate range for the lower classification accordance with the following provisions: 1. The salary rate shall be reduced by five percent(5%). 2. The new salary rate must be within the appropriate salary rate range. City Council 17 — 17 10/7/2025 3. The new salary rate shall not be higher than the salary step to which the employee would have been entitled had their service time in the higher classification been spent in the lower classification. 5.11 Probationary Rejection. A promotional employee who is rejected during the probationary period from a SAMA classification shall be returned to the classification in which they held regular status and at their former salary step,unless the reasons for failure to complete probation would also be cause for dismissal from City service. 5.12 Reallocation of Salary Rate Ranges. An employee who is employed in a classification covered by this MOU which is reallocated to a different salary rate range from that previously assigned shall be retained in the same salary step in the new salary rate range as they had previously held in the prior rate range and shall retain credit for length of service in such step towards advancement to the next higher step. 5.13 Acting Pay. Acting pay shall be defined as the temporary assignment of an employee to perform work of a job class (represented by SAMA) which is assigned to a higher salary schedule than their regular job class. An employee who is temporarily appointed by the Executive Director to serve in an acting capacity for two (2) weeks or more and who is responsible for the full range duties and responsibilities assigned to the higher level classification, shall receive a five percent (5%) increase or the minimum salary of the higher level classification (whichever is higher) for all time worked in the higher job classification. A. Employees temporarily assigned to serve in an acting capacity of an Executive Management (Executive Director) classification for thirty(30) calendar days or more and who is responsible for the full range of duties and responsibilities assigned to the Executive Management position shall receive a ten percent (10%) increase or the minimum salary of the Executive Management classification(whichever is higher)for all time worked in the higher job classification. B. An employee must be qualified (i.e. meet the minimum qualifications) for the higher position in order to be paid for acting pay. C. Non-permanent employees (probationary, seasonal, temporary, limited-term, etc.) shall not be eligible for acting pay. City Council 17 — 18 10/7/2025 D. Each assignment may be terminated at any time, but in no event shall such assignment continue beyond one hundred and eighty (180) calendar days or nine hundred and sixty(960)hours each fiscal year, whichever comes first. City Council 17 — 19 10/7/2025 ARTICLE VI 6.0 ADDITIONAL COMPENSATION 6.1 Bilingual Pay. An employee assigned to a position requiring bilingual capability in both English and either Samoan, Spanish, Vietnamese, or other languages designated by the City Manager,will be paid a monthly premium in accordance with the criteria and amounts set forth below: A. Certification by the Executive Director of Human Resources as having satisfactorily demonstrated conversational fluency in both languages for any position requiring bilingual capability. B. Employees assigned to positions where bilingual proficiency is essential to carry out duties and responsibilities of a critical and/or emergency nature without ready access to backup assistance, or positions where bilingual public contact is a major and essential element of the work being performed, will be designated as Primary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly premium of one hundred seventy-five dollars ($175) above their then current base monthly salary step. C. Positions where it has been determined by the Executive Director that regular and frequent bilingual usage is necessary to the performance of duties,but not a major, essential or integral element of the work,will be designated as Secondary Bilingual Assignments. A qualified incumbent of such position will be paid a monthly premium of forty dollars ($40) above their then current base monthly salary step. D. The number of such Primary and/or Secondary Bilingual Assignment shall be no larger than the requirements of the department as determined by the Executive Director and the City Manager. E. Employees who receive bilingual assignment pay shall recertify their bilingual capability every three(3)years after the date of initial certification. Employees who do not successfully pass required recertification examinations shall have their bilingual assignment pay removed. Unsuccessful employees may retake the required certification exam every three (3) months. 6.2 All assignments to positions providing for bilingual pay as set forth in this Article shall be made or revoked at the sole discretion of the Executive Director. City Council 17 — 20 10/7/2025 ARTICLE VII 7.0 OVERTIME PAY 7.1 Compensation for Overtime. Employees in any of the designated classifications of employment listed in this MOU are designated as exempt from the provisions of the Fair Labor Standards Act ("FLSA") provided by Section 13(a)(1) of the FLSA as defined by Regulations, 29 CFR Part 541, are not eligible for monetary compensation for overtime work or for compensatory time off with pay for overtime work, unless so required by the FLSA, or any other State or Federal laws. City Council 17 — 21 10/7/2025 ARTICLE VIII 8.0 HOLIDAYS 8.1 Employees shall receive the following days off during the calendar year as paid holidays: • January 1 -New Year's Day • Third (3rd) Monday in January- Martin Luther King's Birthday • Third (3rd) Monday in February-Presidents' Day • March 31 —Cesar Chavez Day • Last Monday in May- Memorial Day • July 4 - Independence Day • First(1 st) Monday in September- Labor Day • November l l - Veteran's Day • Fourth (4th) Thursday in November- Thanksgiving Day • The Friday immediately following Thanksgiving Day • Last working day before Christmas Day,unless Christmas Day falls on a Thursday, in which instance, the day following Christmas Day shall be observed in lieu thereof • December 25 - Christmas Day • One (1) nine (9) hour Floating Holiday. Any workday selected by the employee with prior permission of the employee's supervisor • Every day proclaimed by the Mayor of the City as a holiday for City employees • Any holiday which falls on a Sunday will be observed on the following Monday. Any holiday which falls on a Saturday will be observed on the Friday preceding the holiday. 8.2 Holidays—Employees on Alternate Work Schedules. A. Full-time employees whose regular scheduled days off are other than Saturday and Sunday shall be entitled to receive twelve (12)working days off during the year in lieu of the holiday benefits specified in Section 8.1. Holidays will be credited based on the employee's working schedule. If the holiday falls on a regular nine (9)hour day,then nine (9)holiday hours will be credited. If the holiday falls on the eight(8) hour working Friday then eight (8) hours of holiday pay will be credited, with the exception of floating holidays that will be granted at nine (9) hours regardless of work schedule. B. Said substitute holidays may be scheduled by the Executive Director or their designee, normally during the same month that the holiday is observed by other City employees. An employee entitled to time off in lieu of holidays shall receive City Council 17 — 22 10/7/2025 that time off in proportions to their service at full pay in such capacity during the year. 8.3 Employees must actually work at least one (1) day preceding the day a holiday listed in Section 8.1, supra, actually occurs in order to receive credit for such holidays during the month in which it occurs. An employee separating from the service of the City must actually work at least one (1) day following the day a holiday listed in Section 8.1, supra, actually occurs in order to receive compensation for the holiday. A newly appointed employee must complete six(6)months of continuous full-time service in order to receive credit for the one (1)Floating Holiday listed in Section 8.1. 8.4 Holiday time off may be taken in increments of eight (8) hours by employees who work eight (8)hour days. Employees assigned to the 4/10 work schedule must use their holiday in ten (10) hour increments. Employees assigned to a 9/80 work schedule must use their holidays in nine(9)hour increments. Floating holiday time may be taken in half(1/2)hour increments. If a holiday falls on an employee's alternating regularly scheduled day off, the employee must then take their holiday off before or after the regular holiday as their holiday off with supervisor and/or Executive Director approval. Such holiday time is referred to as an "impact holiday." If the employee cannot take their holiday off before or after the regular scheduled holiday off, the employee will bank eight (8), nine (9), or ten (10) hours of holiday leave to be used at a later date with the supervisor's approval. 8.5 Holiday benefits may not be carried over from one (1) calendar year to the next. 8.6 Mandatory Holiday Closure. A. Effective upon adoption of this MOU, City Hall and all other City departments (with the exception of the Police Department, Santa Ana Zoo, and select employees in Fleet Services Division) shall be closed for a mandatory winter holiday closure each year during the term of this MOU. B. Dates of Closure City Hall will be closed on the days between December 24 (except for years when December 24 falls on a Wednesday in which case City Hall will be closed starting on December 25) and January 1 each year. An employee regularly assigned to work on one or more days during this time period shall use accrued paid leave (as set City Council 17 — 23 10/7/2025 forth in Section 8.6(C))for their regularly scheduled hours for each day they would otherwise have been scheduled to work. During this time period, per Section 8.1 December 24 (except if it falls on a Wednesday in which case December 26 is the holiday), December 25, and January 1 (or the days these holidays are observed) are City holidays. C. Additional Days Off During a Closure 1. Employees-will need to choose from the options in this subsection to cover any additional regularly scheduled work days which are not City observed holidays. 2. Employees may use any of the following accrued leaves they have available to cover any additional day(s) off which may be required by the closure: • Vacation • Management Vacation • Compensatory Time Off • Impact Holiday Leave • Floating Holiday 3. Employees are not permitted to use sick leave for a holiday closure day unless they produce a physician's certification for each day reported as sick leave. This additional certification is not required for employees with approved advance sick leave usage due to FMLA/CFRA/PDL(or any other protected leave). 4. Employees shall have the option of not using paid leave for any, or all, holiday closure day(s) and taking the day(s) off as an absence without pay. 5. Employees hired less than six (6) months prior to the Mandatory Holiday Closure shall have the option of using Management Vacation hours that will accrue in January of the following year as outlined in Article 9.5.Any hours used in advance of the January accrual will be deducted from the hours to be received in January. If an employee uses any Management Vacation hours during the Mandatory Holiday closure and separates from City service prior to accruing the annual management vacation, they will have the hours and pay deducted from their final paycheck. City Council 17 — 24 10/7/2025 ARTICLE IX 9.0 VACATION 9.1 Purpose. It is the policy of the City to grant employees vacation leave in order to provide them with a break in their regular work schedule and this purpose will be used as a guide in the administration of the provisions of this Article. 9.2 Vacation. A. Employees shall accrue vacation with pay on a monthly basis as set forth in the following table. Annual Monthly Beginning VacationAccrual Years Hours Rate Accrued 1 120 10.00 2 120 10.00 3 120 10.00 4 120 10.00 5 120 10.00 6 124 10.33 7 128 10.67 8 132 11.00 9 136 11.33 10 140 11.67 11 144 12.00 12 148 12.33 13 152 12.67 14 156 13.00 15 160 13.33 16 168 14.00 17 176 14.67 18 184 15.33 19 1 192 1 16.00 20 or 200 16.67 more B. No employee shall be entitled to, or receive payment for, any vacation until they have completed six (6)months of continuous service. C. On or after the first (Ist) day of the month following completion of six (6) months of continuous full-time service, an employee may be allowed to take all or a City Council 17 — 25 10/7/2025 proportionate fraction of their earned vacation, subject to scheduling approval of the employee's supervisor. D. Vacation time off may be taken in increments as small as one-half(1/2)hour, with fractional usage rounded upward to the next higher multiple of one-half(1/2). E. The time at which an employee shall take their vacation shall be determined by the Department Head, with due regard for the wishes of the employee and particular regard for the needs of the City to provide basic services. F. Computation of Vacation. 1. In computing vacation, each municipal holiday that occurs during the vacation, and that falls on a day which the employee would have worked had they not been on vacation, shall be deducted from the computation so that one (1) additional day of vacation shall be allowed to the employee unless departmental practice provides some other manner of compensating for municipal holidays. Should an employee suffer a sickness or injury while on authorized vacation, each full day of such sick leave, when confirmed by a physician's statement and approved by the Executive Director, may be deducted from the computation of vacation expended and charged against the employee's accumulated sick leave. 2. A period of earlier service does not apply toward the calculation of the completed years of service factor for vacation accrual when an employee has had a break in continuous service, unless the break in service is concluded by reappointment, as provided in Section 9-114 of the Civil Service Rules and Regulations, or by reemployment from layoff within one (1) year. Leave of absence without pay, as provided in Section 10.1(E) (Sick Leave - Extended), Section 10.7 (Authorized Absence Without Pay- Long Term) and Section 10.11 (Catastrophic Leave) herein, does not constitute a break in continuous service as used in this section;however, the leave of absence period shall not be applied toward the accumulation of vacation. Absence on military leave followed by reinstatement, as provided in Section 9-143 of the Civil Service Rules and Regulations, does not constitute a break in service, and the period of absence on such military leave shall be applied toward the accumulation of vacation. 3. Vacation Buy-Back. City Council 17 — 26 10/7/2025 a. If an employee wants to cash-out unused vacation leave they accrued during the calendar year, they must make an irrevocable election by December 15th of the prior calendar year (i.e., by December 15, 2023 for a cash-out in calendar year 2024). The provisions of Section 9.2(F)(3)(a) shall also apply to management vacation leave. b. The irrevocable election must indicate the amount of vacation hours the employee intends to cash-out during the next calendar year. The number of hours to be cashed-out cannot exceed the total number of hours the employee will accrue during that same calendar year, or a maximum of eighty(80) hours, whichever is the lesser amount. c. Once the election form is submitted to Payroll, the amount of hours to be cashed-out cannot be changed for that calendar year. d. Employees may submit a request for cash-out up to two(2)times per year for payment. e. In the event an employee's vacation leave balance (in the up to two) pay periods when they elect to cash-out) is less than the amount of hours the employee had previously elected to cash- out (in the prior calendar year), the employee will only receive payment for the amount of accumulated vacation leave remaining at the time of the cash-out. All cash-out elections not processed by the last pay check in November will be processed in the first pay check in December. f. If an employee makes an irrevocable election to cash-out vacation in the following calendar year and uses vacation leave during that subsequent calendar year, the vacation leave used will first come from vacation leave the employee had earned (if any) prior to January 15t of the calendar year the employee had elected to cash-out. The use of such earned,but unused,vacation leave accumulated from previous calendar years shall not result in a reduction in the amount of vacation hours the employee is eligible to cash-out. 9.3 Vacation Carry Over City Council 17 — 27 10/7/2025 A. No employee may carry over from one (1) calendar year to the next, more than the maximum vacation carryover as set forth in the following table. Any vacation not used beyond the maximum carryover amount from year to year is forfeited, meaning that no pay shall be received for such unused vacation at any time. With respect to any vacation forfeited in this manner, this provision constitutes a waiver of any rights to vested vacation benefits under California Labor Code section 227.3. Completed Maximum Hours Years of Vacation Carry Over 1 120 2 240 3 360 4 360 5 360 6 364 7 372 8 384 9 396 10 408 11 420 12 432 13 444 14 456 15 468 16 484 17 504 18 528 19 552 20 576 21 592 22 600 23 600 24 600 25 or more 600 9.4 Effect of Extended Sick Leave on Vacation Accrual. Absence on sick leave for a period in excess of fifteen (15) consecutive calendar days, in any one (1) calendar month, shall not be considered as service time for vacation accrual purposes. 9.5 Management Vacation Benefit. City Council 17 — 28 10/7/2025 A. Employees covered by this MOU will be granted eighty(80)hours of Management Vacation per calendar year. B. Effective January 1, 2026, employees will be granted one hundred (100) hours of Management Vacation per calendar year. C. Such management vacation is in addition to the vacation accrual table in Section 9.2(A), subject to a maximum accrual of thirty (30) days (two hundred forty (240) hours). 9.6 Management Vacation Pay Option. A. Employees shall be given the option to receive cash compensation, computed on a straight time basis, in lieu of up to a total of eighty (80) hours of earned, unused Management Vacation benefits. Effective January 1, 2026 employees may cash out Management Vacation leave up to a total of one hundred (100) hours in accordance with the provisions in Section 9.2(F)(3). City Council 17 — 29 10/7/2025 ARTICLE X 10.0 OTHER LEAVES OF ABSENCE 10.1 Sick Leave. A. Definition. Except as otherwise provided below, sick leave shall be deemed to mean absence from duty of an employee because of illness, injury, medical, or dental appointment that prevents the employee from performing the duties of their position, and shall be deemed to include time in quarantine resulting from exposure to a contagious disease. B. Accrual. Each employee shall be entitled to, and shall earn, one (1), eight (8)hour working day of sick leave for each full calendar month of service in which they are employed by the City with full pay; provided, however, any absence on sick leave for a period of time greater than fifteen (15) consecutive calendar days in any one (1) calendar month shall not be considered to be service entitling an employee to earn sick leave as aforesaid. Subject to the other provisions in this Article, sick leave shall accrue to the credit of each employee to the extent that it is not used. C. Authorized Only When Necessary. Use of sick leave by City employees shall be authorized as follows: 1. Sick leave is not a right which an employee may use at their discretion,but shall be allowed only in cases of necessity and actual sickness or disability, or as authorized in Section 10.1(J). 2. When an accepted industrial illness or injury has caused an employee's absence, for which benefits are required under the State Workers' Compensation Insurance and Safety Act, paid sick leave will be allowed such employee during the first three(3)days of the statutory waiting period. If the workers' compensation related illness or injury continues past the initial three (3) consecutive days, the employee will have the three (3)used sick days recredited to their account, if the employee remains off work longer than fourteen(14)days. Paid sick leave will continue until the fourth (4th) day when the City pays the employee workers' compensation benefits for such illness or injury. If the employee does not have sufficient accumulated sick leave at the commencement of such industrial illness or injury,they will be advanced sick leave for this purpose. Subsequently, the City will deduct an equal amount previously advanced from any sick leave accrued by the employee until the total amount is recovered. If the employee terminates before recovery of all advanced sick leave, the City City Council 17 — 30 10/7/2025 will deduct the unrecovered cost of sick leave from such terminated employee's final paycheck, to the extent possible. The City may authorize employees to use sick leave or vacation time for approved workers' compensation medical appointments as specified herein. The City may authorize use of such leave for City approved medical appointments whenever such appointments cannot be secured outside the employee's regular workday, and salary continuation or workers' compensation benefits are not available. D. Limit. For all employees in the unit employed by the City in a full-time position as of June 7, 2023, the maximum total accumulation of sick leave with pay shall be two hundred fifty (250) eight (8) hour working days equal to two thousand (2,000) hours. For employees hired as new employees from outside the City into this unit on or after June 7, 2023 the maximum amount of sick leave they may carry over into a calendar year is three hundred and fifty-two (352) hours. Any sick leave accrual above three hundred and fifty-two(352)hours (up to ninety- six (96) hours) will be converted into an employee's Retirement Health Savings ("RHS")Plan account during the first full pay period in January of each year. Sick leave usage of less than a full day shall be charged in minimum increments of one-half (1/2) hour, with fractional usage rounded upward to the next higher multiple of one-half(1/2) hour. E. Extended. The City Manager may grant leave up to six (6) months without pay to an employee who has exhausted all of their accrued sick leave if a licensed physician designated by the City Manager indicates that the employee will be sufficiently recovered to return to their employment within a six (6)month period. Prior to the expiration of the additional time, the employee may return to their position provided that the employee has a certificate from the designated physician stating that the employee is able to perform all the duties of their position without qualification. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year without pay. F. Extension by Use of Vacation. After an employee's sick leave has been exhausted, they may be granted permission to take any unused vacation leave benefits they may have accrued. City Council 17 — 31 10/7/2025 G. Notice. The employee taking sick leave shall notify their immediate supervisor either prior to or within four (4) hours after the time they are scheduled to report for duty, or as otherwise established by departmental regulations. Sick leave shall only be used for the purposes outlined under California Labor Code § 246.5, Article 10.1 (J), or as otherwise permitted by law. If an employee uses sick leave for a purpose not permitted by this MOU or the law, it will be considered abuse of sick leave. If abuse of sick leave is suspected, a physician's certificate or other satisfactory written evidence may be requested. H. Denial. No employee shall be entitled to sick leave with pay while absent from duty because of sickness or injury purposely self-inflicted or caused by willful misconduct, or sickness or disability sustained while engaged in employment other than employment by the City, for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation. I. Excess Usaae. If sick leave is used in excess of that due and available an employee, such excess sick leave will, first, be deducted from any available vacation leave benefit; second, from the next scheduled salary payment. J. Necessity Leave. Each employee shall be afforded the opportunity to use up to forty-eight (48) hours of sick leave per calendar year, on a non-cumulative basis, as personal necessity leave. All of this personal necessity leave may be used to attend to an illness of a child, parent, or spouse of the employee or as further specified below. As used in this section, "child" means a biological, foster, or adopted child, a stepchild, a legal ward, or a child of a person standing in loco parentis; "parent" means a biological, foster, adoptive parent, a stepparent, or a legal guardian; and "immediate family" means any member of the employee's household related by blood or marriage; a parent, parent-in-law, spouse, child, brother, sister, grandparent, or grandchild of the employee,regardless of residence; any other relative of the employee by blood or marriage,where it can be established by the employee that the employee's presence is required to handle emergency arrangements and/or other matters. Up to forty-eight (48) hours of this personal necessity leave may be used: a) to attend to a serious accident to members of the employee's immediate family; b) childbirth; c) to cope with imminent danger to the employee's family, home, or other valuable property; d) when the existence of external circumstances beyond the employee's control make it impossible for them to report for duty; or e) attend to medical or dental appointments for members of the employee's household. For the purposes of this section only, a "day" shall be defined as the number of hours City Council 17 — 32 10/7/2025 of work that an employee is required to work according to their specific workday schedule. K. Payment for Unused Sick Leave. For all employees in the unit employed by the City in a full-time position before June 7, 2023: 1. Except in cases of disability retirement, upon non-disciplinary termination of employment: 2. Payment After Ten(10)Years.After ten(10)years but less than fifteen(15) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for fifty percent (50%) of the total accrued sick leave benefit credited into either, 1) their individual Retirement Health Savings (RHS) account or, 2) their individual 457 deferred compensation account,or 3)cash upon the effective date of such termination,not to exceed a maximum limit of six hundred forty (640) hours, at the base rate of pay effective on the date of such termination. 3. Payment After Fifteen (15) Years. After fifteen (15) years of cumulative full-time service with the City, each qualified employee shall be entitled to payment for one hundred percent (100%) of the total accrued sick leave benefit credited into either, 1) their individual RHS account or, 2) their individual 457 deferred compensation account, or 3) cash, not to exceed a maximum limit of one thousand six hundred hours(1,600)hours, at the base rate of pay effective on the date of such termination. 4. Employees covered by this MOU who wish to convert sick leave hours to service credit at the time of retirement shall follow the provisions outlined in Article 13.3. 5. The City Manager is authorized to grant a newly appointed incumbent of a SAMA classification sick leave credit up to an amount equal to any earned but unused sick leave credit available to such appointee at the time of their separation from their most recent previous employer. 6. A lump sum payment shall be made to the beneficiaries of any eligible employee whose death occurs while such employee is an active employee of the City, such payment to be in the amount of one-third(1/3) of the total sick leave benefit credited to the employee's account at the time of their death, and at the rate of pay effective on the date of death. City Council 17 — 33 10/7/2025 10.2 Bereavement Leave. A. An employee shall be granted up to five (5) days leave without loss of pay in case of death of a member of the employee's immediate family. Such leave is designated as bereavement leave. "Immediate family" as used in this section is limited to: 1. Any member of the employee's household related by blood or marriage; 2. A parent, parent-in-law, spouse, child, sibling, domestic partner, grandparent, or grandchild of the employee, regardless of residence; 3. Any other relative of the employee by blood or by marriage where it can be established by the employee that as a result of such relative's death, the employee's presence is required to handle funeral arrangements and/or matters of estate. B. Whenever an employee is required to travel one way more than five hundred (500) miles to attend to the death of a member of the employee's immediate family, an employee may use up to eighteen (18) hours of additional leave charged to their Personal Necessity Leave balance when authorized by the Executive Director. 10.3 Military Leave. A. Proof of Orders and Reinstatements. An employee shall be granted military leave if they furnish the Executive Director of Human Resources satisfactory proof of their order to report for duty. Upon return and upon showing of proof of actual service pursuant to such orders, they will be reinstated as provided in Section 9-143 of the Civil Service Rules and Regulations of the City of Santa Ana. B. TemporarL. Members of the reserve forces of the United States, or the National Guard, granted temporary leave when ordered to duty, in accordance with the Military and Veterans Code,will be granted leave with pay not to exceed thirty(30) calendar days in each calendar year after one (1)year of service with the City upon presenting satisfactory proof of orders to and from such temporary active duties. 10.4 Jury Duty and Witness Leave. When an on-duty employee is called to serve as a juror or non-party witness in any court action, they shall be allowed to leave for the time actually required for such service without loss of pay. Each on-duty employee called for such service shall present to their Executive Director for examination the subpoena calling them to such service and shall pay into the City Treasury the fees collected for such service,with the exception of reimbursement for transportation expenses, if any. City Council 17 — 34 10/7/2025 If an employee is called to serve on jury duty during a normal Friday off, Saturday, or Sunday, or on a City holiday, then the jury duty shall be considered the same as having occurred during employee's day off work. 10.5 Unauthorized Absence. Unauthorized absence from duty for any duration of time may be considered cause for dismissal. Absence from duty without leave for five (5) consecutive working days shall be deemed a resignation from service;provided,however,if upon return to duty the person so absenting themselves makes an explanation satisfactory to the Executive Director regarding the cause of their absence,the Executive Director may restore them to their position, with the City Manager's approval. 10.6 Authorized Absence Without Pay- Short Term. Absence without pay not to exceed five (5) consecutive working days, may be authorized by the Executive Director. Absence without pay not to exceed fifteen (15) calendar days may be authorized by the Executive Director with the approval of the City Manager. Such an absence may be authorized only if in the judgment of the Executive Director it serves the best interest of the City. 10.7 Authorized Absence Without Pay- Lon_ Term.erm. Upon receipt of a written request from an employee having permanent status, plus action by the Executive Director recommending approval of the request, the City Manager may grant a leave of absence without pay for up to six (6) months. An employee returning to duty with the City shall inform the Executive Director and the Executive Director of Human Resources of their intention at least thirty(30) calendar days prior to the expiration of the six(6)month period,or shorter period if the full six(6)months is not taken. Upon receipt of such notice, the Executive Director will take steps necessary to restore the employee to their former position. In addition to the above, the City Manager may grant a further extension not to exceed a total of one (1) year leave of absence without pay. 10.8 Industrial Leave. Any period of time during which an employee is required to be absent from their position by reason of an industrial injury or industrial illness for which they are entitled to receive compensation shall not be considered a break in continuous service for the purpose of their right to salary adjustments or to the accrual of vacation and seniority. 10.9 Pregnancy Disability Leave. A pregnant employee is entitled to a reasonable leave of absence without pay for any temporary disability resulting from pregnancy, miscarriage, childbirth or recovery therefrom. Such reasonable leave of absence shall not exceed four (4) months. However, an employee may be granted up to an additional two (2) months of leave, at the discretion of the City Manager, for a total of up to six (6) months in which to recover from the disability if substantiated by a physician's certificate. City Council 17 — 35 10/7/2025 Employees may take an unpaid leave of absence during pregnancy disability consistent with the law. As with all other temporary disabilities, a physician's certificate is required to verify the extent and duration of the temporary disability. An employee who plans to take a pregnancy leave must give a reasonable notice (not less than four (4) weeks before the date they will take the leave and the estimated duration of the leave. Health and welfare insurance coverage will be continued only if the employee pays a cash premium to continue coverage while on a leave of absence without pay or is covered under the Family Medical Leave Act ("FMLA") or California Family Rights Act ("CFRA")provisions. 10.10 Administrative Leave. The City Manager is authorized to grant, at their discretion,paid or unpaid leave for full time employees. 10.11 Catastrophic Leave. In order to assist employees otherwise granted leave of absence without pay by the City Manager because of a catastrophic, non-industrial medical condition or injury,the City and SAMA agree to implement a Catastrophic Leave Donation Program. Nothing herein shall be construed to alter City policies and procedures as provided in the Charter or ordinance of the City of Santa Ana or other provisions of this MOU with regard to granting unpaid leaves of absence. The Catastrophic Leave benefit will be provided for non-industrial injury or sickness only. The leave shall cover the uncompensated time prior to the employee's becoming eligible for the Long-Term Disability benefits. A. Guidelines. It shall be understood that all donations under this procedure are voluntary and subject to taxation for the recipient. 1. Employees may donate vacation time or one in lieu holiday to the eligible employee. In no event shall sick leave be donated. 2. Employees shall be provided a two (2) week period to submit donations. Donations received after this two (2) week period shall not be processed. The two (2) week period for each case shall be designed by the Executive Director or their designee as provided herein below. 3. All donations must be made in two (2) hour increments and a maximum of eight(8)hours per donor, except in lieu holidays must be for eight(8)hours. City Council 17 — 36 10/7/2025 4. Any authorization of donations not made in accordance with the procedures outlined in Section 10.11(C)(2), will not be processed. 5. All donations shall be irrevocable. 6. In event the recipient returns to work before leave donations have been exhausted, any balance on the books shall be accrued by the recipient and designated as sick leave and may be used pursuant to Sections 10.1(A) through 10.1(K). 7. Donations shall be limited to employees of this unit or any other unrepresented unit. B. Eli iffy. Employees shall be eligible for Catastrophic Leave Donations if the following criteria are met: 1. When it is reasonably foreseeable that all accrued time on the books, such as sick leave and vacation,will be exhausted and the employee's illness will continue past the time when the employee will be on paid status. 2. The employee's Executive Director, or their designee, has approved a written request for donation accompanied by a medical statement from the employee's attending physician. The attending physician's statement must verify the employee's need for an extended medical leave and an estimate of the time the employee will be unable to work. C. Procedure. I. Upon receipt of a valid request for donations from an eligible employee, the Executive Director or their designee shall post a notice of the eligible employee's need for donation on bulletin boards accessible to employees. No confidential medical information shall be included in the posted notice. 2. Employee wishing to donate time to an eligible employee must sign their authorization of the transfer of such donated time and provide: a. Their name, department name, and employee number. b. The number of hours of vacation time of the donation within the limitation of Section 10.11(A)(3); C. The name, department and employee number of the recipient; City Council 17 — 37 10/7/2025 d. A statement indicating that the donor understands such donation of time is irrevocable. 3. At the close of the donation period, the department shall verify that each donating employee has accrued vacation time balances sufficient to cover the designated donation. 4. The department shall submit all approved donation authorizations for an eligible employee at one time for processing. No donation authorizations for the eligible employee will be processed after this period. However, employees who receive donations under this procedure and who exhaust all donated hours may request an additional donation period subject to the provisions of Section 10.11(A)herein. 5. The City shall add the donated time to the recipient's sick leave account. 10.12 Paid Parental Leave. Employees who have completed twelve (12) months of full-time employment with the City shall be eligible for paid parental leave with pay of up to eight (8) weeks for the birth, adoption, or foster of a child. Such leave shall run concurrently with FMLA/CFRA. An employee who plans to take paid parental leave must give a reasonable notice (not less than four (4) weeks or as soon as practicable when a four (4) week notice is not possible due to the unexpected nature of the qualifying event)before the date they intend to take the leave and the estimated duration of the leave. City Council 17 — 38 10/7/2025 ARTICLE XI 11.0 EMPLOYEE INSURANCE 11.1 Health Insurance. The City shall contribute an allowance towards the employee's Cafeteria Benefit plan for health insurance premiums for eligible employees and their qualified dependents under The Public Employees' Medical&Hospital Care Act(PEMHCA)which governs the California Public Employees' Retirement System(CalPERS)Health Insurance Programs pursuant to the provisions below. A. Effective January 1, 2025, the City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $1,004.00 • Employee +1 $1,657.00 • Employee +Family $2,050.00 B. Effective January 1, 2026, the City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $1,054.00 • Employee +1 $1,807.00 • Employee +Family $2,200.00 C. Effective January 1, 2027, the City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $1,104.00 • Employee +1 $1,957.00 • Employee +Family $2,350.00 D. Effective January 1, 2028, the City will provide a monthly contribution to health insurance premiums at the following rates: • Employee Only $1,154.00 • Employee +1 $2,107.00 • Employee +Family $2,500.00 The above amounts are inclusive of the Ca1PERS statutory minimum amount which Ca1PERS determines and publishes each year. E. Any contribution necessary to maintain benefits under any health insurance program provided by the City for its employees and their eligible dependents in City Council 17 — 39 10/7/2025 excess of the amount of the City contribution to the Cafeteria Benefit Plan specified above shall be borne entirely by the employee. F. Cafeteria Benefit Plan. The City provides a Cafeteria Benefit Plan adopted in accordance with the provisions of Internal Revenue Code § 125 for employees covered by this MOU. 1. Employees will be eligible to receive through the Cafeteria Benefit Plan, the cash difference (subject to taxation as wages) if the monthly City allowance exceeds the monthly cost of the Medical and Dental monthly plan premium cost. 2. For each such employee who is covered under a group sponsored health plan, the City will pay the employee a cash-in-lieu payment (subject to taxation as wages) each month in an amount equal to the City contribution for the"employee-only" coverage for medical. The above specified amount of City contribution towards such coverage waived will be applied to earned income. If said employee waives, in writing, City-paid coverage, said employee shall provide proof of medical insurance coverage in a group- sponsored health plan. Said waiver shall include a provision warning such employee that re-entry into any of the City-sponsored plans is allowed only at open enrollment,unless there is a qualifying event, and will require proof of insurability for such employee and/or eligible dependents. 11.2 Dental Insurance. The City agrees to contribute towards the Cafeteria Benefit plan the payment of premiums for dental insurance plans provided by the City for employees covered by this MOU and their eligible dependents on the following basis. A. The City shall contribute an allowance towards the employee's Cafeteria Benefit plan for dental insurance premiums for eligible employees and their qualified dependents in the amount of one hundred thirty dollars ($130) per month per employee. B. Any contribution necessary to maintain benefits under said dental plans in excess of the amount of the City contribution to the cafeteria plan specified above shall be borne entirely by the employee. C. For each such employee who is covered under a spouse's non-City sponsored dental plan, the City will pay the employee a cash-in-lieu payment(subject to taxation as wages)each month in an amount equal to one-hundred percent(100%)of the City's contribution, if the employee waives, in writing, City-paid coverage. Such waiver shall include a provision warning such employee that reentry into any City- sponsored plan is allowed only at open enrollment, unless there is a qualifying City Council 17 — 40 10/7/2025 event, and may require proof of insurability for such employee and/or eligible dependents. 11.3 Long-Term Disability((L.T.D.) Insurance. For employees covered by this MOU, the City shall pay one hundred percent (100%) of the premium cost for a sixty(60) day elimination period long term disability insurance plan with a maximum benefit of ten thousand dollars ($10,000)per month for employee only coverage. 11.4 Life Insurance. The City shall continue to pay one hundred percent(100%)of the premium cost for term life insurance coverage under the policy it maintains on behalf of employees in order to provide employees covered by this MOU with life insurance coverage in an amount equal to two (2) times employee's annual rate of salary to a maximum of three hundred thousand dollars ($300,000) provided said employees can provide evidence of insurability of coverage, if so required by the terms and conditions of said term life insurance policy. In the event any such employee is determined to be ineligible for said insurance coverage, the City will attempt to provide as much coverage as may be obtained at reasonable cost not to exceed the actual monthly premium amount allotted for said coverage without having to provide evidence of insurability. 11.5 The City shall retain the right to change health, dental and life insurance carriers, administer the insurance benefits provided thereunder, and select and/or change any excess or supplemental insurance carriers as a part of any self-insurance plan during the term of this MOU, provided that employees covered by this MOU continue to receive equivalent benefits and provided that the parties have met and conferred before the benefits changes are made. 11.6 Retirement Health Savings (RHS) Plan. Employees participate in the City's Retirement Health Savings Plan (RHS) subject to the following: A. One and one-quarter percent (1.25%) will be deducted from each employee's base pay and deposited into their individual RHS account each pay period. This contribution shall be made on a pre-tax basis. B. The City will contribute one percent (1%) of the employee's base pay deposited into their individual RHS account each pay period. 11.7 Vision Plan. The City shall maintain in effect a vision care plan for employees covered by this MOU and their eligible dependents. A. Effective January 1, 2026 The City shall contribute a maximum amount of fifteen dollars and seventy-five cents ($15.75)per month for each employee toward the City Council 17 — 41 10/7/2025 payment of premiums for vision insurance plans provided by the City for employees and their eligible dependents. Any contribution necessary to maintain benefits under said vision plans in excess of the amounts set forth above shall be borne entirely by the employee. City Council 17 — 42 10/7/2025 ARTICLE XII 12.0 WELLNESS AND FITNESS REIMBURSEMENT PROGRAM 12.1 The City agrees to provide employees covered by this MOU up to a three-hundred dollars ($300) per fiscal year reimbursement for qualified wellness programs and fitness memberships as defined below: A. Membership in a health/fitness club. B. Participation in a weight loss/smoking cessation/wellness/fitness program 12.2 Employees must complete a wellness and fitness reimbursement program form andprovide proof of enrollment, and receipt of purchase during the current fiscal year in order to receive reimbursement. An employee may pre-purchase a multi-year wellness/fitness enrollment. In the event an employee pre-purchases a wellness/fitness enrollment and is provided a single receipt, Human Resources may evaluate how to disburse the reimbursement. Forms with required back up documentation will be turned into Human Resources for the Executive Director of Human Resources or their designee's approval. A copy will be kept in Human Resources and the original will be returned to the employee. If approved for reimbursement, the department will complete a Direct Payment Voucher (DPV) along with form and back-up documentation to the Finance Department for processing. 12.3 Reimbursement requests will not be processed if the request is turned in later than thirty (30) days from the end of the fiscal year in which enrollment and purchase was made. 12.4 The city will not reimburse employees for any of the above listed activities for family/dependent health related expenses. 12.5 The Wellness-Fitness reimbursement is defined as "wages" in Section 61(a)(1) of the Internal Revenue Code and Section 1.61-21(a)(3) of the Income Tax Regulations provide that except as otherwise provided in subtitle A, gross income includes compensation for services, including fees, commissions, fringe benefits, and similar items. As such, the reimbursement is considered wages subject to employment taxes under Sections 312(a), 3306(b), and 3401(a). 12.6 The wellness-fitness reimbursement defined in this section is not intended to be defined as compensation earnable under Public Employees Retirement Law (PERL), Government Code (G.C.) section 20636. City Council 17 — 43 10/7/2025 ARTICLE XIII 13.0 RETIREMENT 13.1 General. The terms of the existing contract between the City and California Public Employees' Retirement System (CaIPERS) governing the City retirement benefits for affected employees are incorporated by reference herein. The City shall continue to make contributions to CAPERS in accordance with its contract with CAPERS for employees covered by said contract as amended. 13.2 Deferred Retirement. The City will continue to make payment to CalPERS on behalf of each employee, in an amount necessary to pay one hundred percent (100%) of their individual retirement contribution which is currently equal to eight percent (8%) of base salary, effective January 1, 2009. Such payments shall be credited to the individual employee's CalPERS account as Employer Paid Member Contribution (EPMC). Such payments are not increases in base salary and no salary rate range applicable to any of the employees covered by this MOU shall be changed or deemed to have been changed by reason thereof. As a result, the City will not treat these payments as ordinary income and, thus will not withhold Federal or State income tax from said payments. In the event that the City receives a ruling from the Internal Revenue Service that such payments are ordinary income of the employees instead of deferred compensation, the City's obligation to make such payments shall discontinue and in place thereof the base salary of each said employee shall forthwith be increased by eight percent (8%). For the purpose of reporting an employee's compensation to CalPERS, the City shall include these payments as if they were a part of the employee's base salary. 13.3 Credit for Unused Sick Leave. A. Effective June 7, 2023, the maximum total unused sick leave that can be converted by an employee covered by this MOU to additional service credit at the time of retirement shall be ten (10) eight(8)hour working days equal to eighty(80) hours. Employees hired on or after a contract amendment between the City and CalPERS shall not be eligible to convert unused sick leave to Ca1PERS for service credit. B. Effective the date of City Council adoption of this 2025-2028 MOU, the maximum total unused sick leave that can be converted by an employee covered by this MOU to additional service credit at the time of retirement shall be forty-four (44) eight (8) hour working days equal to three hundred fifty-two (352) hours. Employees hired on or after a contract amendment between the City and CalPERS shall not be eligible to convert unused sick leave to CalPERS for service credit. City Council 17 — 44 10/7/2025 13.4 Military Service Credit as Public Service. An employee covered by this MOU may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment. The employee must contribute an amount equal to the contribution for current and prior service that the employee and the employer would have made with respect to that period of service. 13.5 2.7% at 55 Service Retirement Benefit for Classic Miscellaneous Members. The City agrees to provide Miscellaneous employees covered by this MOU with the 2.7% at 55 Service Retirement benefit pursuant to Ca1PERS regulations. This formula will apply to each year of eligible service credited with the City of Santa Ana. Employee Contribution for Retirement Benefit. The employee's contribution rate will be eight percent (8%). All employee contributions for retirement benefits are paid to the employer cost (i.e., employer contribution) in accordance with Government Code Section 20516(f). The parties acknowledge that this provision has been mutually negotiated and incorporated as an essential element of the parties' MOU. In the event that either party wishes to modify this provision in a successor MOU, the parties intend for this provision to remain unchanged until a successor MOU is ratified or impasse procedures have been concluded. Pre-Taxable Benefit. To the extent permitted by Ca1PERS and Internal Revenue Service regulations, the City shall make the above employee deductions pre-tax contributions. 13.6 For "New Members" within the meaning of the California Public Employees' Pension Reform Act("PEPRA") of 2013. The PEPRA went into effect on January 1,2013. The parties agree that if there is any other clean up or other retirement legislation which goes into effect during this MOU and if there are provisions of that legislation which,by law, automatically goes into effect, either party may request to negotiate over the legislation, including over the impact. Retirement Formula: Per Government Code Section 7522.20(a), the 2%@ 62 retirement formula for non-sworn. Final compensation will be based on the highest annual average compensation earnable during the thirty-six (36) consecutive months immediately preceding the effective date of their retirement, or some other thirty-six (36) consecutive month period designated by the member. Employees shall pay one half(1/2) of the normal cost rate, as established by CalPERS. City Council 17 — 45 10/7/2025 ARTICLE XIV 14.0 TRAINING & EDUCATIONAL ASSISTANCE PROGRAM 14.1 Employees shall continue to be eligible to participate in the existing Training and Education Assistance Program provided for all regular, full-time employees of the City; except, however, reimbursement for eligible employees shall be one hundred percent (100%) of tuition and registration costs up to a maximum of three thousand dollars ($3,000), per fiscal year in accordance with the provisions of the program defined in this section. 14.2 Pumose. A. To encourage the employees of the City of Santa Ana to take college courses and special training courses which will better enable them to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. 14.3 Eligibility. A. Applications for tuition reimbursement shall be considered only from full-time permanent employees who have completed their probationary period. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as G.I. Bill, scholarships, grants, etc. C. Applications shall be approved only for courses directly related to the employee's job or directly related to a promotional position in the employee's occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to their job will be reimbursable so long that it meets the requirements in Section 14.3 E. E. Prior to receiving tuition reimbursement, employees must submit documentary proof of having received a grade of not less than "C" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. City Council 17 — 46 10/7/2025 F. Approval shall be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of a Board of Education. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program but may be authorized and funded by the interested department without coordination with the Human Resources Department. G. When an employee is required by their Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department. 14.4 Reimbursement. A. Reimbursement shall be based on the cost of tuition, required enrollment/registration fees, miscellaneous fees (health, parking, student union fees, etc.) and all required texts, eBooks, and related material for each course. Additional expenses such as meals are not reimbursable. B. Costs for required texts are eligible for one hundred percent(100%)reimbursement subject to the following conditions: 1. A duplicate of the required text(s) and eBooks was unavailable for loan from the departmental libraries prior to the commencement of course work; or 2. Any textbook(s)purchased by the City shall be submitted to the employee's respective departmental library in order that such text(s) may be made available to all employees. C. Maximum tuition reimbursement as outlined in Article 14.1,may be claimed by an eligible employee either as costs are incurred during the year or as one lump sum. 14.5 Procedures. A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in duplicate, an Application for Training and Educational Assistance form along with a copy of the course plan and schedule, and submit it to their Department Head prior to the commencement of class(es) or the payment of fees for registration/tuition. B. The Department Head shall recommend approval or denial based on established criteria and budgetary constraints, and then shall forward the application to the Executive Director of Human Resources. City Council 17 — 47 10/7/2025 C. The Executive Director of Human Resources or their designee shall approve or disapprove the application for the City Manager. One copy shall be returned to the employee and the duplicate shall be retained by the Human Resources Department. It is advisable that the applicant accomplish the procedure so far described in order to ascertain the eligibility of the intended course of instruction for reimbursement under the provisions of this policy prior to the inception of the course or disbursement of personal funds. D. The employee shall submit their copy of the approved application to the Human Resources Department within three(3)months after they have completed the course and received their final grade. Such employee must include official verification of their final grade with appropriate receipts for tuition and textbook costs. Applications not submitted to the Human Resources Department within three (3) months following completion of the course become void. E. Upon receipt of the application and required documentation,the Human Resources Department shall determine whether the completed course of instruction is compatible with the provisions of this Article and shall compute the amount of reimbursement, authenticate the application and forward it to the employee's Department Head. F. The Department Head shall then authorize the Finance & Management Services Department to reimburse the employee the approved amount out of the budget of the department concerned. City Council 17 — 48 10/7/2025 ARTICLE XV 15.0 ELECTRONIC DEVICE STIPEND 15.1 Electronic Device Stipend All employees covered under this MOU, whose supervisor determines are required to have a cellphone or tablet will be given the option to choose one of the following: A. Be provided a City paid phone or tablet, or B. Be compensated one hundred dollars ($100) monthly to cover costs related to the use of personal electronic devices (phone and/or tablet) for City business. Employees who use their own devices will comply with the City's policy. City Council 17 — 49 10/7/2025 ARTICLE XVI 16.0 STRIKES AND WORK STOPPAGES 16.1 Prohibited Conduct. A. SAMA,its officers,agents,representatives, and members agree that during the term of this MOU, they will not cause or condone any unlawful strike, walkout, slowdown, sickout, or any other unlawful job action by withholding or refusing to work. 16.2 SAMA Responsibility. Whenever SAMA,its officers, agents,representatives,or members engage in any of the conduct prohibited in Section 16.1(A), SAMA will immediately instruct any persons engaging in such conduct that their conduct is violating this MOU and unlawful, and they must immediately cease engaging in the conduct prohibited in Section 16.1(A), and return to work. City Council 17 — 50 10/7/2025 ARTICLE XVII 17.0 SOLE & ENTIRE MOU 17.1 It is understood and agreed that the parties to this MOU are subject to all current and future applicable Federal and California laws, The City of Santa Ana Charter,its Municipal Code, and its City's Employer-Employee Relations Resolution Number 81-075. It is the intent of the parties hereto that the provisions of this MOU will supersede all prior MOUs, or contrary salary, and/or personnel rules and regulations, Municipal Code provisions of the City, oral or written MOUs expressed or implied between the parties. This MOU will govern the entire relationship and will be the sole source of any rights that they may assert hereunder. This MOU is not intended to conflict with Federal or State law or the City Charter. 17.2 Notwithstanding the above,there exists within the City personnel rules and regulations and departmental rules and regulations. The City shall continue these rules and regulations to the extent that they do not contravene specific provisions of this MOU. Such rules and regulations may, from time to time,be changed by the City. If these changes affect wages, hours, or other terms and conditions of employment, the City shall meet and confer with SAMA;provided further, the parties shall change no provision of the rules and regulations to contravene specific provisions of this MOU. City Council 17 — 51 10/7/2025 ARTICLE XVIII 18.0 SEPARABILITY PROVISION 18.1 Should any provisions of this MOU be found to be inoperative, void, or invalid by a court competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU,provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder,the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. City Council 17 — 52 10/7/2025 ARTICLE XIX 19.0 DISCIPLINE 19.1 Pre-Disciplinary Procedure A. If an employee is to be suspended without pay, reduced in pay, demoted, or dismissed, the employee shall: l. Receive written notice of the intended action at least ten (10) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the intended action is based. 2. Receive copies of any known materials, reports, transcripts, statements, or other documents upon which the intended action is based. 3. Be accorded the right to respond to the intended charges in writing or in person with the Department Head or designee within a reasonable period of time, not to exceed ten (10) calendar days unless the Department Head or designee authorizes a longer time. 4. Be given the written decision of the Department Head or designee at the earliest practicable date prior to the effective date of the disciplinary action. 19.2 Disciplinary Appeals Procedure, A. Appeals Procedures for Disciplinary Action Not Covered by the Informal Appeals Procedure I. Step 1. a. If an employee desires to appeal a disciplinary action not covered by the informal appeals process, they (or their representative) shall submit a written notice of appeal to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the written decision from the Department Head or designee. b. The Department Head or City Manager or designee (depending on who issued the disciplinary action as determined by the Executive Director of Human Resources or designee) shall meet with the employee within twenty-one (21) days after the submission of the City Council 17 — 53 10/7/2025 appeal. The Department Head or City Manager or designee may affirm, reverse, or modify the disciplinary action. C. The Department Head or City Manager or designee shall deliver the written response to the employee within ten(10) calendar days after meeting with the employee. 2. Step 2. a. Filing the appeal: If the employee is not satisfied with the Department Head's or City Manager's or designee's decision, they (or their representative) shall submit a written notice of appeal to be submitted to an impartial arbitrator for a final and binding decision. The Union may elect to submit the appeal to the City Manager for review in lieu of binding arbitration; in that case, the decision of the City Manager shall be final and binding. Such written notice of appeal shall be submitted in writing to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the written decision from the Department Head or City Manager or designee. b. The City and Union shall create and maintain a standing list of three (3) to five (5) mutually approved arbitrators. C. The City and Union shall select an arbitrator from the standing list via the striking method. The parties shall mutually agree which party strikes the first name.If the parties cannot mutually agree,the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. d. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party will strike the first name. If the parties cannot mutually agree,the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. e. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitrations, including but not limited City Council 17 — 54 10/7/2025 to the list of arbitrators, the arbitrator themselves, and the court reporter, shall be split evenly between the City and the Union. The arbitrator's decision will be final and binding. The arbitrator shall issue the decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise. 19.3 Informal Appeals Procedure A. Informal Appeals Procedure, as opposed to the formal procedures, shall be used for written reprimands. 1. The appeal is an opportunity for the employee (or their representative) to present information and arguments why a written reprimand should not be issued or offer alternatives to the written reprimand. 2. Notice of Appeal: Within ten (10) calendar days of receipt by an employee of the written reprimand, the employee (or their representative) shall notify the Executive Director of Human Resources or designee in writing that they intend to appeal the written reprimand. The Executive Director of Human Resources or designee shall contact either the employee or their identified representative within ten (10) calendar days of receipt of the notice of appeal to schedule the appeal meeting. 3. Hearing Officer: The Department Head or City Manager or designee (depending on who issued the written reprimand as determined by the Executive Director of Human Resources or designee) shall serve as the hearing officer. The meeting shall take place within twenty-one (21) calendar days from the date the employee filed the appeal or such other time as may be agreeable by the parties. 4. Decision: After the meeting, a decision will be submitted in writing within thirty(30)calendar days and provided to the employee. The decision is final and binding. 19.4 Performance evaluations shall not be subject to appeal. City Council 17 — 55 10/7/2025 ARTICLE XX 20.0 GRIEVANCE REVIEW PROCEDURE 20.1 Alleged Violations Concerning the Interpretation or Application of Specific Provisions of This MOU. A. Solely the Union (not an employee or group of employees) shall be allowed to file a grievance concerning the interpretation or application of specific provisions of this MOU. B. The parties can mutually agree to extend any deadlines in this Article. 20.2 Step 1 A. The Union shall first attempt to resolve the grievance at Step 1 with the Executive Director of Human Resources or designee without undue delay, but in no case, beyond a period of ten (10) calendar days after the occurrence of the alleged incident giving rise to the grievance, or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. The Executive Director of Human Resources or designee will respond to the grievance within fourteen (14) calendar days of receiving the grievance. C. Every effort shall be made to find an acceptable solution to the grievance at Step 1. 20.3 Step 2. A. If the Union is not satisfied with the response from the Executive Director of Human Resources or designee, the Union must submit grievance in writing to Step 2 (binding arbitration) to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step I response. The Union may elect to submit the grievance to the City Manager for review in lieu of binding arbitration;in that case,the decision of the City Manager shall be final and binding. Should the Union fail to file a written grievance at Step 2 within ten (10) calendar days after receiving the response at Step 1, the grievance shall be barred and waived. B. The City and Union agree to select an arbitrator in the following manner: 1. The City and Union shall refer to the mutually approved standing list of arbitrators as specified in Section 19.2(A)(2)(b). City Council 17 — 56 10/7/2025 2. The City and Union shall select an arbitrator from the standing list via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. 3. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. C. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitration including but not limited to the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly between the City and Union. The arbitrator's decision shall be final and binding. The arbitrator shall issue their decision within thirty (30) calendar days from the conclusion of the hearing, unless the parties agree otherwise. 20.4 Alleged Violations of City Rules, Regulations, and Policies. A. If an employee, group of employees, or Union (grievant)believes there has been a violation, misapplication, or misinterpretation of a City rule, regulation, or policy, the grievant may file a grievance within ten (10) calendar days of the alleged violation,misapplication, or misinterpretation or when the grievant knew or should have reasonably become aware of the facts giving rise to the grievance. B. Step 1. 1. A grievant must submit a grievance in writing to the Executive Director of Human Resources or designee. 2. The Department Head shall meet with the employee within ten(10)calendar days after submission of the grievance. 3. The Department Head shall deliver the Step 1 written response to the employee within ten (1) calendar days after meeting with the employee. C. Step 2. City Council 17 — 57 10/7/2025 I. If the grievant is not satisfied with the Step 1 response, the grievant must submit the grievance in writing to Step 2 to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step 1 response. 2. The City Manager or designee shall meet with the employee within twenty- one (21) days after submission of the Step 2 grievance. The City Manager or designee may affirm, reverse, or modify the decision made at Step 1. 3. The City Manager or designee shall deliver the Step 2 written response to the employee within ten (10) calendar days after meeting with the employee. D. Step 3. 1. If the grievant is not satisfied with the Step 2 response, the grievant must submit the grievance in writing to Step 3 (binding arbitration) to the Executive Director of Human Resources or designee within ten (10) calendar days of receiving the Step 2 response. The grievant may elect to submit the grievance to the City Manager for review in lieu of binding arbitration; in that case, the decision of the City Manager shall be final and binding. Should the grievant fail to file a written grievance at Step 3 within ten (10) calendar days after receiving the response at Step 2, the grievance shall be barred and waived. 2. The City and Union agree to select an arbitrator in the following manner: a. The City and Union shall refer to the mutually-approved standing list of arbitrators as specified in Section 19.2(A)(2)(b). b. The City and Union shall select an arbitrator via the striking method. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is selected, the parties will contact the arbitrator to schedule a hearing. C. If none of the identified arbitrators are able to take the case, then the parties will request a list of seven (7) arbitrators from the State Mediation and Conciliation Services. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall mutually agree which party strikes the first name. If the parties cannot mutually agree, the parties shall toss a coin to determine who shall strike the first name. Once the arbitrator City Council 17 — 58 10/7/2025 is selected, the parties will contact the arbitrator to schedule a hearing. 3. Hearing Process: During the hearing, the formal rules of evidence do not apply. The cost of the arbitration including but not limited to the list of arbitrators, the arbitrator themselves, and the court reporter shall be split evenly between the City and Association. The arbitrator's decision shall be final and binding. The arbitrator shall issue their decision within thirty(30) calendar days from the conclusion of the hearing, unless the parties agree otherwise. City Council 17 — 59 10/7/2025 ARTICLE XXI 21.0 WAIVER OF BARGAINING DURING THE TERM OF THIS MOU 21.1 During the term of this MOU,the parties mutually agree that they will not seek to negotiate or bargain concerning wages, hours, or terms and conditions of employment, whether or not covered by the MOU, or in the negotiations leading thereto, and whether or not such matters were discussed, or were even within the contemplation of the parties during the negotiations leading to this MOU. Regardless of the waiver contained in this Article, the parties may, however, by mutual MOU, in writing, agree to meet and confer about any matter not covered by this MOU, or to carry out any provision of salary or benefit tied to another bargaining unit during the term of this MOU. City Council 17 — 60 10/7/2025 ARTICLE XXII 22.0 EMERGENCY WAIVER PROVISION 22.1 In case of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this MOU or the Santa Ana Municipal Code or Resolutions,which restrict the City's ability to respond to these emergencies, shall be suspended for the duration of such emergencies. After the City declares the emergency over, this MOU will be reinstated immediately. SAMA shall have the right to meet and confer with the City regarding the impact of the suspension of the provisions in the MOU during the emergency. City Council 17 — 61 10/7/2025 ARTICLE XXIII 23.0 TERM 23.1 The term of this MOU shall commence on the date when the teens and conditions for its effectiveness, as set forth in Article III, Implementation, are fully met,but in no event shall said MOU become effective prior to 12:01 a.m. on July 1, 2025. This MOU shall expire and otherwise be fully terminated at 11:59 p.m. on June 30, 2028. City Council 17 — 62 10/7/2025 ARTICLE XXIV 24.0 NON-DISCRIMINATION 24.1 The parties mutually recognize and agree fully to protect the rights of all employees covered hereby to join and participate in the activities of SAMA and all other rights in the Employer-Employee Relations Resolution (Resolution Number 81-075) and Government Code Sections 3500 through 3511. 24.2 The City and the Union agree that they shall not discriminate against any employee in violation of State or Federal law. The City and the Union shall reopen any provision of this MOU for the purpose of complying with any order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU in compliance with State or Federal anti-discrimination laws. City Council 17 — 63 10/7/2025 ARTICLE XXV 25.0 RATIFICATION &EXECUTION 25.1 The City and SAMA have reached an understanding as to certain recommendations to be E made to the City Council of the City of Santa Ana and have agreed that the parties hereto will jointly urge said Council to adopt a new wage and salary resolution which will provide j for the changes contained in said joint recommendations. The City and SAMA acknowledge that this MOU shall not be in full force and effect until ratified by the membership of SAMA and adopted by the City Council of the City of Santa Ana. Subject to the foregoing,this MOU is hereby executed by the authorized representatives of the City and. SAMA and entered into 7th day of October, 2025. CITY OF SANTA ANA, a Municipal j Corporation of the State of California I i Dated: By: Mayor Dated: _. By: City Manager Dated:_ q-v25 0?-5 By: ExAcutivt Director of Human Resources i i I i ATTEST: APPROVED AS TO FORM: r City Clerk Peter Bro � Labor Atto ey Liebert Cassidy Whitmore l City Council 17 — 64 10/7/2025 This 2025-2028 MOU has been ratified by the membership of the Santa Ana Management Association. Dated: / SAMA: President t Chief Negotiator Orange County's Employee Association(OCEA) j 3 ] i i 3 1 i 1 I i City Council 17 — 65 10/7/2025 EXHIBIT A ADMINISTRATIVE MANAGEMENT MONTHLY WAGE RATE SCHEDULE EFFECTIVE JULY 13, 2025 TO JULY 11, 2026 JOB JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E Applications Systems Manager(AM) 02910 12,584 13,220 13,880 14,573 15,304 Assistant Public Works Maintenance Manager 01772 11,192 11,753 12,341 12,959 13,605 (AM) Budget and Research Manager(AM) 06400 11,985 12,584 13,220 13,880 14,573 Budget Supervisor(AM) 00493 10,870 11,412 11,985 12,584 13,220 City Attorney's Office Executive Legal 07394 8,031 8,435 8,853 9,296 9,763 Assistant(Excepted)(AM) Code Enforcement Principal(AM) 02745 11,753 12,341 12,959 13,605 14,286 Enterprise Program Manager(AM) 01769 11,192 11,753 12,341 12,959 13,605 Facilities Maintenance Manager(AM) 04377 9,808 10,301 10,817 11,359 11,928 Fleet Services Manager(AM) 04785 9,808 10,301 10,817 11,359 11,928 Homeless Services Manager(AM) 03750 11,985 12,584 13,220 13,880 14,573 Information Technology Infrastructure 01705 11,928 12,522 13,153 13,810 14,502 Supervisor AM Payroll Manager(AM) 07405 11,192 11,753 12,341 12,959 13,605 Payroll Supervisor(AM) 07404 10,301 10,817 11,359 11,928 12,522 Permit Services Principal(AM) 02589 10,921 11,470 12,042 12,647 13,287 Principal Building Inspector(AM) 02371 10,921 11,470 12,042 12,647 13,287 Principal Community Planner(AM) 07609 11,753 12,341 12,959 13,605 14,286 Principal Human Resources Analyst(AM) 01519 10,503 11,026 11,579 12,158 12,768 Principal Management Analyst(AM) 00151 10,353 10,870 11,412 11,985 12,584 Principal Management Analyst(Excepted) 00149 10,353 10,870 11,412 11,985 12,584 (AM) Principal Planner(AM) 02471 11,753 12,341 12,959 13,605 14,286 Project Management Officer(AM) 06145 13,220 13,880 14,573 15,304 16,069 Public Affairs Information Officer(Excepted) 01800 10,817 11,359 11,928 12,522 13,153 AM Risk Management Supervisor(AM) 01751 9,808 10,301 10,817 11,359 11,928 Senior Budget Analyst(AM) 00494 9,073 9,528 10,002 10,503 11,026 Senior Executive Assistant to the City Manager 01071 8,031 8,435 8,853 9,296 9,763 (Excepted)(AM) Senior Financial Analyst(AM) 00482 9,528 10,002 10,503 11,026 11,579 Senior Human Resources Analyst(AM) 01541 9,763 10,251 10,763 11,302 11,869 Senior Human Resources Communications 08595 9,763 10,251 10,763 11,302 11,869 Specialist(AM) Senior Legal Management Analyst(Excepted) 02791 9,073 9,528 10,002 10,503 11,026 AM Senior Management Analyst(AM) 00152 9,073 9,528 10,002 10,503 11,026 Senior Management Analyst(Excepted) (AM) 00153 9,073 9,528 10,002 10,503 11,026 Senior Organizational Development and 00477 9,763 10,251 10,763 11,302 11,869 Training Analyst AM Senior Risk Management Analyst(AM) 01757 9,763 10,251 10,763 11,302 11,869 Zoo Animal Care Manager(AM) 05490 8,070 8,475 8,898 9,342 9,808 City Council 17 - 66 10/7/2025 ADMINISTRATIVE MANAGEMENT MONTHLY WAGE RATE SCHEDULE EFFECTIVE JULY 12, 2026 TO JULY 10, 2027 JOB JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E Applications Systems Manager(AM) 02910 13,087 13,749 14,435 15,156 15,916 Assistant Public Works Maintenance Manager 01772 11,640 12,223 12,835 13,477 14,149 (AM) Budget and Research Manager(AM) 06400 12,464 13,087 13,749 14,435 15,156 Budget Supervisor(AM) 00493 11,305 11,868 12,464 13,087 13,749 City Attorney's Office Executive Legal 07394 8,352 8,772 9,207 9,668 10,154 Assistant(Excepted)(AM) Code Enforcement Principal(AM) 02745 12,223 12,835 13,477 14,149 14,857 Enterprise Program Manager(AM) 01769 11,640 12,223 12,835 13,477 14,149 Facilities Maintenance Manager(AM) 04377 10,200 10,713 11,250 11,813 12,405 Fleet Services Manager(AM) 04785 10,200 10,713 11,250 11,813 12,405 Homeless Services Manager(AM) 03750 12,464 13,087 13,749 14,435 15,156 Information Technology Infrastructure 01705 12,405 13,023 13,679 14,362 15,082 Supervisor AM Payroll Manager(AM) 07405 11,640 12,223 12,835 13,477 14,149 Payroll Supervisor(AM) 07404 10,713 11,250 11,813 12,405 13,023 Permit Services Principal(AM) 02589 11,358 11,929 12,524 13,153 13,818 Principal Building Inspector(AM) 02371 11,358 11,929 12,524 13,153 13,818 Principal Community Planner(AM) 07609 12,223 12,835 13,477 14,149 14,857 Principal Human Resources Analyst(AM) 01519 10,923 11,467 12,042 12,644 13,279 Principal Management Analyst(AM) 00151 10,767 11,305 11,868 12,464 13,087 Principal Management Analyst(Excepted) 00149 10,767 11,305 11,868 12,464 13,087 AM Principal Planner(AM) 02471 12,223 12,835 13,477 14,149 14,857 Project Management Officer(AM) 06145 13,749 14,435 15,156 15,916 16,712 Public Affairs Information Officer(Excepted) 01800 11,250 11,813 12,405 13,023 13,679 (AM) Risk Management Supervisor(AM) 01751 10,200 10,713 11,250 11,813 12,405 Senior Budget Analyst(AM) 00494 9,436 9,909 10,402 10,923 11,467 Senior Executive Assistant to the City Manager 01071 8,352 8,772 9,207 9,668 10,154 (Excepted)(AM) Senior Financial Analyst(AM) 00482 9,909 10,402 10,923 11,467 12,042 Senior Human Resources Analyst(AM) 01541 10,154 10,661 11,194 11,754 12,344 Senior Human Resources Communications 08595 10,154 10,661 11,194 11,754 12,344 Specialist AM Senior Legal Management Analyst(Excepted) 02791 9,436 9,909 10,402 10,923 11,467 AM Senior Management Analyst(AM) 00152 9,436 9,909 10,402 10,923 11,467 Senior Management Analyst(Excepted) (AM) 00153 9,436 9,909 10,402 10,923 11,467 Senior Organizational Development and 00477 10,154 10,661 11,194 11,754 12,344 Training Analyst AM Senior Risk Management Analyst(AM) 01757 10,154 10,661 11,194 11,754 12,344 Zoo Animal Care Manager(AM) 05490 8,393 8,814 9,254 9,716 10,200 City Council 17 - 67 10/7/2025 ADMINISTRATIVE MANAGEMENT MONTHLY WAGE RATE SCHEDULE EFFECTIVE JULY 111 2027 JOB JOB TITLE CODE STEP A STEP B STEP C STEP D STEP E Applications Systems Manager(AM) 02910 13,480 14,161 14,868 15,611 16,393 Assistant Public Works Maintenance Manager 01772 11,989 12,590 13,220 13,881 14,573 (AM) Budget and Research Manager(AM) 06400 12,838 13,480 14,161 14,868 15,611 Budget Supervisor(AM) 00493 11,644 12,224 12,838 13,480 14,161 City Attorney's Office Executive Legal 07394 8,603 9,035 9,483 9,958 10,459 Assistant(Excepted)(AM) Code Enforcement Principal(AM) 02745 12,590 13,220 13,881 14,573 15,303 Enterprise Program Manager(AM) 01769 11,989 12,590 13,220 13,881 14,573 Facilities Maintenance Manager(AM) 04377 10,506 11,034 11,588 12,167 12,777 Fleet Services Manager(AM) 04785 10,506 11,034 11,588 12,167 12,777 Homeless Services Manager(AM) 03750 12,838 13,480 14,161 14,868 15,611 Information Technology Infrastructure 01705 12,777 13,414 14,089 14,793 15,534 Supervisor AM Payroll Manager(AM) 07405 11,989 12,590 13,220 13,881 14,573 Payroll Supervisor(AM) 07404 11,034 11,588 12,167 12,777 13,414 Permit Services Principal(AM) 02589 11,699 12,287 12,900 13,548 14,233 Principal Building Inspector(AM) 02371 11,699 12,287 12,900 13,548 14,233 Principal Community Planner(AM) 07609 12,590 13,220 13,881 14,573 15,303 Principal Human Resources Analyst(AM) 01519 11,251 11,811 12,403 13,023 13,677 Principal Management Analyst(AM) 00151 11,090 11,644 12,224 12,838 13,480 Principal Management Analyst(Excepted) 00149 11,090 11,644 12,224 12,838 13,480 AM Principal Planner(AM) 02471 12,590 13,220 13,881 14,573 15,303 Project Management Officer(AM) 06145 14,161 14,868 15,611 16,393 17,213 Public Affairs Information Officer(Excepted) 01800 11,588 12,167 12,777 13,414 14,089 (AM) Risk Management Supervisor(AM) 01751 10,506 11,034 11,588 12,167 12,777 Senior Budget Analyst(AM) 00494 9,719 10,206 10,714 11,251 11,811 Senior Executive Assistant to the City Manager 01071 8,603 9,035 9,483 9,958 10,459 (Excepted)(AM) Senior Financial Analyst(AM) 00482 10,206 10,714 11,251 11,811 12,403 Senior Human Resources Analyst(AM) 01541 10,459 10,981 11,530 12,107 12,714 Senior Human Resources Communications 08595 10,459 10,981 11,530 12,107 12,714 Specialist AM Senior Legal Management Analyst(Excepted) 02791 9,719 10,206 10,714 11,251 11,811 AM Senior Management Analyst(AM) 00152 9,719 10,206 10,714 11,251 11,811 Senior Management Analyst(Excepted) (AM) 00153 9,719 10,206 10,714 11,251 11,811 Senior Organizational Development and 00477 10,459 10,981 11,530 12,107 12,714 Training Analyst AM Senior Risk Management Analyst(AM) 01757 10,459 10,981 11,530 12,107 12,714 Zoo Animal Care Manager(AM) 05490 8,645 9,078 9,532 10,007 10,506 City Council 17 - 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O R R G� N U CCJ to u w bh ti w o Q o Q Ll L1 L1 ° q m � R R i..� v� Ln o R. a1� a s d O i�++ i"i ii y bA y R G R U U P-I '� �`-I C m W c• W zy W v y r-i � cysa � cyrs a" � y O Y � .R. C d W y .�• i .'7' y `� y � °� � °� � `¢ y C ... p a Cc, ¢ ¢ ¢ ¢ q ¢ w ¢ Www �WC) a U v� Uq q Qu � Qugwgqwqww w - - 't V N N In - It Ql O N In V V al O, C) O O O �C oo co G� O� G IO -� oo Ol O O m O� M o0 l� M Q1 M M N 1� O(i OO GO IX'i O l� O l� N C, C, O vi vi v� v� N O N O cc G G - - G z O G ,^ N 0 0, o, o, o, G G G G rn x 7, o, G o0 0 0 o N N o � N N N v, o0 0, O O� �n In JC V N O� O 00 V N N M L O O O O l l 01 CO O O O O l� Cq oC P O O O O GC In M_ O O o0 00 In In � 00 l� l� l� � V� � v] CG O O O l� l� GO N •-. O l� 00 00 � KM l� l� l� f f O K1 O �n M O� O� l� t M •-. l� O� l� M M 't N ai o0 W a �t N �t N O O O o0 oG N V V O o0 N N M Vl Vl V1 V1 N M N M N � � �n V1 M O Vl � Vl M M V1 V V l� M M M Op CC �t Vt O Vl C In In �n Vl N Vl Vl V1 V] M N M N Vl Vl V1 N N V1 V1 x �n o� O O O O cC l� N N N N N N In N N h N N N N v1 a � r. oo co N N C, cv ar N � m 7 7 N cv" m n In kn m In M M � 00 N N N N ti � � CG CG 41 Vl N N GO Vl Vl Vl N 00 00 O N N N N O O O O M M ri N N O 7 c�i N O O W n O n O n n O t O O n O O O In O O O In M f� V O� O� '. �Y V1 Vl •-. M � I� O �D 01 O_ ,-. 00 V U O O O O O O O C O C O C O O C O O O O O C t Q y _ N � C c4 O tb q u I�-I m b0 iC N <C N N N to �¢ �¢ R m y' ¢�' .°' " °' 0 7, y cr uo .G v, v� v W F F 3 v RESOLUTION NO. 2025-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Section 1004 of the City Charter requires the City Manager to prepare, install, and maintain a position classification and pay plan subject to civil service rules and regulations and the approval of the City Council. B. It is the City's practice to assign job titles that reflect the duties and responsibilities of classifications and are consistent with other classifications within the City's organizational structure, as well as comparable job titles in the labor market, while maintaining internal pay equity relationships and attracting and retaining qualified candidates. C. The City Council regularly amends the City's classification and compensation plan for all full-time and part-time classifications of employees and officers of the City. D. It is now desired to amend the City's classification and compensation plan as listed herein. E. On June 1, 2021, the City Council adopted Resolution 2021-026 establishing and delineating the compensation and benefit plans for classifications designated as Unrepresented Confidential Administrative Management (CAM) and Unrepresented Confidential Middle Management (CMM) affording these classifications the same provisions and/or changes in salaries, compensation, and other benefits, unless specified otherwise, as provided to classifications represented by the Santa Ana Management Association (SAMA). F. The City has reached an agreement with SAMA on a new memorandum of understanding scheduled for adoption by City Council on October 7, 2025, which includes a five percent (5%) salary increase retroactively effective July 13, 2025, a four percent (4%) salary increase effective July 12, 2026, and a three percent (3%) salary increase effective July 11, 2027. G. Compensation for CAM and CMM must now be updated to reflect the reciprocal wage increases for SAMA. Resolution 2025-XXX City Council 17 — 75 10/ 2 of 5 Section 2. The Santa Ana City Council hereby approves the updated Salary Schedules for the unrepresented CAM and CMM units, attached to this resolution as Exhibit A, reflecting classification and compensation amendments per this and previously approved City Council resolutions, and grouped by employee unit, as recommended by CalPERS, and in compliance with CalPERS California Code of Regulations section 570.5. Section 3. That except as amended by this resolution, all other provisions of the City's classification and compensation plan shall remain in full force and effect. Section 4. This resolution is operative from and after the dater upon which it is adopted. ADOPTED this 7t" day of October 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By. ",AW,c� / �2 ur AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution 2025-XXX City Council 17 — 76 101177AT9 Of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2025- to be the original resolution adopted by the City Council of the City of Santa Ana on October 7, 2025. Date: Jennifer L. Hall City Clerk City of Santa Ana Resolution 2025-XXX City Council 17 — 77 10/ 2 of 5 EXHIBIT A UNREPRESENTED CONFIDENTIAL ADMINISTRATIVE MANAGEMENT (CAM) MONTHLY WAGE RATE SCHEDULE REVISED OCTOBER 7, 2025 EFFECTIVE JULY 13, 2025 TO JULY 11, 2026 JOB TITLE JOB STEP STEP STEP STEP STEP CODE A B C D E Principal Employee Relations Analyst (CAM) 01782 10,503 11,026 11,579 12,158 12,768 Senior Employee Relations Analyst (CAM) 01783 9,763 10,251 10,763 11,302 11,869 EFFECTIVE JULY 12, 2026 TO JULY 10, 2027 JOB TITLE JOB STEP STEP STEP STEP STEP CODE A B C D E Principal Employee Relations Analyst (CAM) 01782 10,923 11,467 12,042 12,644 13,279 Senior Employee Relations Analyst (CAM) 01783 10,154 10,661 11,194 11,754 12,344 EFFECTIVE JULY 11, 2027 JOB TITLE JOB STEP STEP STEP STEP STEP CODE A B C D E Principal Employee Relations Analyst (CAM) 01782 11,251 11,811 12,403 13,023 13,677 Senior Employee Relations Analyst (CAM) 01783 10,459 10,981 11,530 12,107 12,714 Ragnli itinn 9n9.r;-XXX City Council 17 — 78 10/px45of 5 M a7 M N M 0 r r I'- LO LO (3) ti co m O 0 t` 0 0 N O O (0 Ln 7 Il I` tiN N V V C' r 0 (7) 0) 0) 0 0 O 0 (0 d) d7 t: (: O O I: t: O N N N N N m Q1 r- r- 0 I- r- r- N 0 N O 0 0) 'o d7 d7 O 0 CO 'IT 'IT (D 0 CO M LO LO (D O Q1 Cl) M O 0 r- O O r- CM m LO LO M X Lo 0 Q1 0 0 Q) _N O I� r- 0) 01 CV I` r O X 1�Cp N N O O O CD CD co d1 d1 a7 d1 L tl/ N LO 0 0) 0) V p LO 0 M Cl) 00 Lf) O (0 N N 0 r CO V d7 d7 Ln m N 0 (O N 01 0 r r 00 I� d7 LO Ln 0 O N 0 (O d7 0 N d7 N I- m m m r I1- m m c0 O O O CN N O 0) 0) 0) 0 N N V 0 0 N O Ln Ln O (0 � N N c V C') I� I` C' O I� d7 LO Ln 0 I� a7 0 0 0 0 O (O Cfl d7 r N r r r r r r r r r r r r r r 0) O O N CO 0) 0) 00 LO 'IT 'IT 0) M CD V N (N LO Ly I� CO N N LO Ly 0) 0 O O O r I- LO N N 0 r N 0 0 M O 0 M CM 0) 0 0 LO Ln r (` O LO LO 0 I: O 0 0 0 r r r r r r r r r r r r r r r CO O O N I.- I- V V r c0 N I- t` 00 O m LO LO N � V 'ITV cm LO 00 O O V Cl) O 0 0 N O 0 V V 0) LO m 0) O V (O 0 V V I- f` 00 LO LO I- N- 0) LO LO 00 r r r r r r r r r r r r r r r O (14 0 00 01) O 0 0 00 O O O O LO 0) LO 0 0 m r Cl) LO (.0 (O r N O N N O O (C I V r (C M O O V r O LO LO 0) LO V V O (fl 0 LO LO f� r 0 LO LO t` r r r r r r r r r r r r r r r O N V M _ 0) O r- O 00 O O 00 p 0) N � � 0) p N r O O V p V V V LO i-. LO N M N O Cfl 0 O r V LO c O O O O O O r N N O V Lt) N N 0) V p N 0) 0) 0) 0) Q) N ti V V Cl) T (D O t` t` N " CD r- r- I` 0) p 0 m cl (fl CDc1 0) P- P- _ F- LO co co C0 LO LO r- V V (D (O r 7 7 P- Z W O LO LO M V I� M M Cl) I- cO M M O (a co O LO LO M I- V V O O N CDLO N coC( "I v_ v_ Ln N c v_ O G a (\ c 0') Lx W O V 0 Cl) M L-0 O LO r-- Cl) co (0 LO I� V V CO UL W N r r r r r N r r r r r r r r r r Q - 0 o v v o 0 o rn rn 0) o rn co 0 v J T f� V 007 N N N OT O co M P, LNf) N O O Om Z T p r r p p r Q 0 LO LLB m co L6 CO C2 c2 !2 Lo r- V 7 CO W p J J N LU = N It0) LO LO (D M m r- r` V O CDO f� t` N 0 A m o o LO CO M N N to 4O J C) p LO 0 0 0 p CO N m m V p I� I` I` 0) Q O LO N N V O V Cfl m CO LO r LO 0 m m LO QW F.- r r r r r F r r r r r T r r r r r Q CC WLo O O �t 0 N 0) �t It 0 N �t O c Q m N M W O O O J C M M M M m LO N ' �_ CO M M LO N _M X Z V m LO o I- r` v N Cl) v v v rn LU _m I- v v o W Q O T p V W 0 0 M T C G V (C ( C09 / C t � O O I` Q C J m V N N V J m lO N N V V In M m LL) _ W r r r r r r r r r r U r r r r r LL J 7 N 0 00 W MM 7 � CO CO (D � LL LO N M M Z = C r " 0 0 I� C (O O M M O M LL C LO r- � P- O ~ Lu W ; Cl) V Cl) ; Cl) In N N V W V Ln N N V WO U N 0 m m m Lf)� V N M M O O a1 L N (` WL p N_ �_ _ _ _M LWL p _m �_ N_ N_ _M p _M L2 Z LL LL W W O O (A V W V N N N 0) V N LO LO 0 U) T 0)N m T 0) � I- ti r 0 Ih N Ln W C V I` N m r; p 0) m h f� 0 p M ' N ( w m M N V O2 Cl) V N N V LL W co LU 0 m LO 0 LO C) co (0') LO 0 LO M m LLI (o 0 M LO 0-0 Ln M z -)p 0 0 r LO 0 O p 0 0 I: Ln co -)p 0 0 I: Ln 0 Z 'U o o o o o U O o o O O 'U O O o o O m ° ° ° ° m a) T tm O a) T 0 O a) T 0) O i m O_ i O co Q i O m O_ O E co LL O E m LL O E a) LL LU U W C� 2 N W C) a w �, w w U ~ T ° ° ° ~ a a) ° ° ~ , a ° ° ° 00E QE m jE U m 3QE V m mQ 82 c O U cm U o m o m a) U V)nQ nQ o m o a) o m QCL o U m — p a) U m c 0 ° U 0) E c m V m X a) 0 m x ID m x aD 0 �° x m x a) 0 m x 7E a5 QNN yc a) N co y N N tNN y NT N N c c ° Q ° c °° m � Nc° N mQm Qo m E . m m n m m = (D E m a) (D � m E m (D a) w La) E mm Q Uof w x (n0� Q U01- w x cnof Q Ua w x cn � Planning and Building Agency 71 www.santa-ana.org/planning-and-building/ Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: The Village Santa Ana Specific Plan — Second Readings for Amendment Application and Development Agreement Ordinances (1561 W. Sunflower Avenue) AGENDA TITLE Second Readings for Amendment Application No. 2025-01 and Development Agreement No. 2025-01 Ordinances for The Village Santa Ana Specific Plan Project Located at 1561 W. Sunflower Avenue. Legal notices published in the OC Reporter on September 19, 2025. RECOMMENDED ACTIONS 1. Conduct a second reading and adopt an ordinance approving Amendment Application No. 2025-01 establishing The Village Santa Ana Specific Plan (Specific Plan No. 6) and approving a zone change for the Project Site at 1561 W. Sunflower Avenue from Specific Development No. 48 to Specific Plan No. 6; and ORDINANCE NO. NS-3086 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-01 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP-6) 2. Conduct a second reading and adopt an ordinance approving Development Agreement No. 2025-01. ORDINANCE NO. NS-3087 entitled AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025-01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP 3. Determine that, pursuant to the California Environmental Quality Act (CEQA), the ordinances' second readings are covered by the Final Supplemental Environmental Impact Report (SEIR) No. 2025-01 (SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental City Council 18 — 1 10/7/2025 The Village Santa Ana Specific Plan Ordinances Second Readings (1561 W. Sunflower Avenue) October 7, 2025 Page 2 Quality Act, the Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on September 16, 2025 for the Project (Notice of Determination filed on September 18, 2025). GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION At its September 16, 2025, regular meeting, the City Council held a public hearing and considered the staff report, recommendations by staff, and public testimony concerning the subject applications. Following closure of the public hearing, City Council unanimously approved the subject applications by a vote of 7-0 and requested the following modifications to the Specific Plan: 1. Amend figures 3-5 (Circulation Network) and 3-15 (Conceptual Pedestrian Network) and Chapter 6 (Administration and Implementation) to require the installation of the two traffic signals along Bear Street to be constructed within 24 months of the effective date of ordinance approving AA No. 2025-01. 2. Amend Figure 3-8b (Bear Street Proposed Cross-Section) to reflect the same configuration of landscape, sidewalk, parkway, Class IV bike lane, and landscape buffer between bike lane and vehicle lane as shown in Figure 3-613 (Sunflower Avenue Proposed Cross-Section) and allow a reduction in vehicle lane from 15 feet to 11 feet, as needed, to accommodate such improvements. 3. Amend Figure 3-13 (Proposed Loading Zone) to indicate and show no commercial loading along Bear Street, Sunflower Avenue, and Plaza Drive. 4. Amend Figure 3-16 (Conceptual Bicycle Network) to indicate a Class IV bike lane along Bear Street. 5. Amend Table 4-1 (Permitted Uses) to require a Conditional Use Permit for hotels. These modifications have been included in the updated Specific Plan that is posted to the City's project webpage and redlines have been included in this staff report as Exhibit 3. As the requested entitlements include two ordinances, pursuant to Section 413 of Division 2 of Article IV (City Council) of the City's Charter, they require second readings. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the ordinances' second readings are covered by the Final Supplemental Environmental Impact Report (SEIR) No. 2025-01 (SCH No. 2020029087), including environmental findings of fact pursuant to the California Environmental Quality Act, the Statement of Overriding Considerations, and City Council 18 — 2 10/7/2025 The Village Santa Ana Specific Plan Ordinances Second Readings (1561 W. Sunflower Avenue) October 7, 2025 Page 3 the Mitigation Monitoring and Reporting Program that were certified and adopted by the City Council on September 16, 2025 for the Project (Notice of Determination filed on September 18, 2025). FISCAL IMPACT There is no fiscal impact associated with the approval of the subject ordinances' second readings. EXHIBITS 1. Amendment Application Ordinance 2. Development Agreement Ordinance 3. Redlines to Specific Plan 4. Link to Updated (Clean) The Village Santa Ana Specific Plan and Appendices 5. Link to Final Supplemental Environmental Impact Report 6. Link to September 16, 2025 City Council Public Hearing Submitted By: Ali Pezeshkpour, AICP, Executive Director of Planning and Building Agency Approved By: Alvaro Nunez, City Manager City Council 18 — 3 10/7/2025 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2025-01 TO ESTABLISH THE VILLAGE SANTA ANA SPECIFIC PLAN AND TO APPROVE A ZONE CHANGE FOR THE PROJECT SITE GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, FROM SPECIFIC DEVELOPMENT NO. 48 TO THE VILLAGE SANTA ANA SPECIFIC PLAN (SP-6) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Justin McCusker, on behalf of South Coast Plaza, a California general partnership ("Applicant" and "Property Owner"), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2-acre site into a mixed-use urban village ("Project"). B. The project site is located along the southern edge of the City of Santa Ana ("City"), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W. Sunflower Avenue; 3820, 3840, and 3951 S. Plaza Drive; and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W. Sunflower Avenue ("Project Site"). C. The Project entitlements include Amendment Application (AA) No. 2025-01 to establish The Village Santa Ana Specific Plan (Specific Plan No. 6 (SP- 6)) and to approve a zone change for the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lots; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project. D. The Project entails, among other things, (1) demolition of the existing structures on the Project Site and (2) redevelopment of the Project Site into an urban village containing up to 1,583 residential units, 80,000 square feet of commercial/retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and on-site parking and landscaping. E. The Project Site is currently zoned as SD-48 and has a General Plan (GPU) land use designation of District Center—High (DC-5). efdomemee xx City Council 18 — 4 10/7029a5 of 8 F. The Applicant is requesting approval and adoption of AA No. 2025-01 to (1) establish SP-6 and (2) approve a zone change for the Project Site from SD- 48 to SP-6. G. Pursuant to sections 41-592 and 41-667 of the Santa Ana Municipal Code (SAMC), approval of a specific plan and a zone change require approval of an ordinance by the City Council, with the Planning Commission serving as advisory body. H. Pursuant to Section 41-667 of the SAMC, the City Council must hold a hearing before approving any proposed zone changes, including changes to any sectional district maps. I. Pursuant to sections 41-664 and 41-666 of the SAMC, prior to being submitted to the City Council, a public hearing on a proposed zone change must be held before the Planning Commission and the Planning Commission must transmit its recommendation on the proposed zone change to the City Council. J. On August 11, 2025, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the entirety of AA No. 2025-01, including both the proposed adoption of SP-6 and the proposed zone change for the Project Site, recommending approval of AA No. 2025-01 to the City Council. K. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds that the entirety of AA No. 2025- 01, including both the proposed adoption of SP-6 and the proposed zone change for the Project Site, is consistent with the GPU, including, but not limited to, its goals and policies, as follows: The Project implements the vision and objectives of the South Bristol Street Focus Area (SBSFA) by transforming an auto-oriented shopping center to a walkable, bike-friendly, and transit-friendly urban village that incorporates a mix of high-intensity office and residential living with experiential commercial uses. The Project is consistent with the allowed intensity and density of the DC-5 land use designation of the GPU. The Project also supports several goals and policies of the GPU. Specifically, the Project is consistent with the following goals and policies: • Policy CM-1.6 (Recreation on Private Property) of the Community Element, of promoting development and use of privately-owned recreation and entertainment facilities that help meet the needs of Santa Ana residents as the Project would include publicly accessible open space that would be made available to the general public through an irrevocable public access easement with the City and would remain in effect through the life of the Project. efdomemee xx City Council 18 — 5 10/702Qa5 of 8 • Policy CN-1.6 (New and Infill Residential Development) of the Conservation Element encourages development that is mixed use, pedestrian friendly, transit oriented, and clustered around centers. The Project would introduce a mixed-use urban village and encourage experiential commercial uses that are more walkable, bike-friendly, and transit-oriented. The Project would create a commercial core providing for sufficient local serving and destination retail uses, residential opportunities, workplaces, and entertainment amenities to enable residents and shoppers to reduce reliance on the automobile. • Policy EP-3.4 (Complete Communities) of the Economic Prosperity Element encourages the development of "complete communities" that provide a range of housing, services, amenities, and transportation options that support the retention and attraction of skilled workforce and employment. The Project would implement the vision of the SBSFA of creating an urban village that includes a range of uses. The Project would promote a business-friendly environment where businesses thrive and would facilitate a "complete community" with a range of housing, services, and amenities and transportation options to support the retention and attraction of a skilled workforce and employment base. • Policy HE-1.5 (Infrastructure and Public Services) of the Housing Element (HE) encourages the development of quality community facilities, physical infrastructure, traffic management and parking control, and other public services to promote the livability, safety, and vitality of neighborhoods. The Project would provide safe access points for pedestrians and bicyclists and would include new traffic signals along Bear Street and Plaza Drive to improve traffic management. The Parking Management Plan would also assist in controlling parking impacts. • Policy HE-2.6 (Housing Design) of the HE requires excellence in architectural design through the use of materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive ("green") building and design practices. One primary objective of SP-6 is to bring high quality design to the Project Site, focusing on green standards, durable materials and visual integrity and timeless architecture. The Project would incorporate quality design, from the larger design of the commercial and residential structures to the small details of materials, landscaping, pedestrian network, and communal gathering spaces. • Policy LU-2.1 (Employment Opportunities) of the Land Use Element (LU) encourages a broad spectrum of land uses and development that offer employment opportunities for current and future Santa Ana residents. The Project would include a mix of land uses that will serve efdolgalgee xx City Council 18 — 6 10/7PQ94 of 8 as a catalyst for reinvestment, stimulate economic activity, commerce, and new development opportunities in and around the SBSFA. The Project would also have a positive contribution to the local economy through new capital investment, the creation of jobs, and the expansion of the tax base through the Project's long-term investment and commitment to the City of Santa Ana. • Policy LU-2.3 (Supportive Spaces) of the LU element encourages providing a diversity of land uses that support residents, visitors, and businesses, such as open space, areas for community gatherings, and outdoor entertainment venues. One of the primary goals of the Project is to foster a neighborly environment where residents can live, work, and recreate in a vibrant village community. The Project would encourage walkability, safety, shopping and dining and would create community centric spaces for residents of all ages and abilities. • Policy LU-2.10 (Smart Growth) of the LU element emphasizes focusing high density residential in mixed-use villages, designated planning focus areas, downtown Santa Ana, and along major travel corridors. The Project is located with the SBSFA, a planned focus area. The Project would achieve the vision of the SBSFA of creating high density housing within and along a mixed-use village that would be the hub of activity, designed as a park-like setting that would create an intimate and relaxing environment. • Policy M-1.2 (Balanced Multimodal Network) of the Mobility Element encourages providing a balanced and equitable multimodal circulation network that reflects current and changing needs. The Project would accommodate a variety of transportation within and to/from the Project Site, including automobiles, walking, bikes, and rideshare. The Project would include an internal pedestrian network providing multiple access points along Bear Street, Sunflower Avenue, and Plaza Drive. Additionally, the Project would include for new bike lanes through and around the Project Site and bicycle parking stations. • Policy OS-1.9 (New Development) of the Open Space (OS) Element requires all new development to provide adequate parks and open space, including via parkland dedication or development fees, in order to meet the City's Park standard. Ensure that new development includes pedestrian and multi-modal travel ways to promote a quality living environment. For new development within park deficient and environmental justice areas, prioritize the creation and dedication of new public parkland over the collection of impact fees. The Project would provide approximately 7.5 acres of publicly accessible open space, consisting of both active and passive open space that would be open to the general public through an irrevocable public access easement with the City and would remain in effect through the life of efdomemee xx City Council 18 — 7 10/702Qa5 of 8 the Project. Additionally, the Project would require 90 square feet of private open space and 100 square feet of active or passive open space per unit. The Project also prioritizes open space as a key placemaking feature of the development. • Policy OS-2.1 (Recreation Variety) of the OS element encourages a variety of recreation facilities and activities to meet the diverse needs of the community. It also encourages the need for indoor and outdoor recreation opportunities, as well as traditional and trending activities. The Project would feature key open space areas. The Promenade has been designed to draw pedestrians from the residential area west of Bear Street, South Plaza Drive, and beyond to create a distinct destination along Sunflower Avenue. The Square is intended to be an intimate hub for public gathering, events, and relaxation from day to night. Various seating areas, water features, and experiential lighting and art are envisioned to activate the Square. A Fitness Loop would encircle and thread through the Project Site and include special markers to provide a continuous fitness path for residents and neighbors. The Recreation Lawn has been designed as an area where the community and their pets can gather and relax in a low- water-grass space. Moreover, the Project is consistent with and supports Implementation Action No. LU-2.12 (Distinctive Districts) of the LU that requires the development and adoption of specific plans or corridor plans for each of the five focus areas that establish regulations and design standards. A full list of all applicable General Plan goals and policies that support the Project are attached hereto as Exhibit A and incorporated herein by this reference. L. The City Council has weighed and balanced the General Plan's goals and policies and has determined that, based upon this balancing, the Project at 1561 W. Sunflower Avenue and AA No. 2025-01, including SP-6 and the zone change, are consistent with the purpose of the General Plan. M. The City Council also adopts as findings all facts presented in the Request for City Council Action dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. For these reasons, and each of them, AA No. 2025-01 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity convenience and general welfare. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (SEIR) that analyzed the Project's environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City's Local CEQA Guidelines. The Draft SEIR was made available for public review for 52 days between April 17, 2025, and June 9, 2025. The document was made available online at the City's website and available for review at City efdomemee xx City Council 18 — 8 10/7029a6 of 8 Hall and the Southwest Senior Center in hard copy form. In response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR is attached hereto as Exhibit B and incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. This Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves the AA No. 2025-01, and specifically, approves and adopts The Village Santa Ana Specific Plan (SP-6), a true and correct copy of which is attached hereto as Exhibit C and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council of the City of Santa Ana, after conducting the public hearing, also hereby approves the zone change for the Project Site from SD-48 to The Village Santa Ana Specific Plan (SP-6), as set forth in Amended Sectional District Map No. 35-5-10, a true and correct copy of which is attached hereto as Exhibit D and incorporated herein by this reference. This approval is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: The Request for City Council Action dated September 16, 2025, and October 7, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 5. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 6. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development Project by taking the necessary steps and following the procedures established by sections 66020 through 66022 of the California Government Code. Section 7. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or efdolgalgee xx City Council 18 — 9 10/7029a5 of 8 annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of , 2025. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney a-a-- By: Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: xx City Council 18 — 10 10 PQQQ 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 12025. Date: Jennifer L. Hall City Clerk City of Santa Ana xx City Council 18 — 11 10/7029a5 of 8 Exhibit City Council 18 — 12 10/7/2025 . � Plan Consistency Land Use Element W POLICYLU-1.8 DEVELOPMENT TRADEOFFS The Specific Plan increases housing for the City while Ensure that new development projects provide providing publicly accessible open space and expanding a net community benefit. retail/commercial options.The Plan will create a space for shopping,dining and recreation as well as encourage walkable connections to the great South Coast shopping area. POLICYLU-1.9 PUBLIC FACILITIESAND Chapter 3,Development Plan provides the proposed INFRASTRUCTURE infrastructure plan to support development of the Village Evaluate individual new development proposals which will not compound existing public facility and service to determine if the proposals are consistent deficiencies. with the General Plan and to ensure that they do not compound existing public facility and service deficiencies. POLICYLU-2.1 EMPLOYMENT Chapter 2 and Chapter 3,the Plan provides for a mixed-use OPPORTUNITIES development that will increase housing andjob opportunity, Provide a broad spectrum of land uses in accordance with the General Plan and the designated and development that offer employment focus area.The Plan will create new spaces for a variety of opportunities for current and future Santa Ana commercial and retail uses. residents. POLICYLU-2.3 SUPPORTIVE SPACES Chapter 2,one of the primary goals of the Plan is to foster a Provide a diversity of land uses that support neighborly environment where residents can live,work,and residents,visitors,and businesses,such as recreate in a vibrant village community.Through a variety open space,areas for community gatherings, of land uses,and plans to encourage walkability,safety, and outdoor entertainment venues. shopping and dining the Plan will create community centric spaces for residents of all ages and abilities. POLICYLU-2.5 BENEFITS OF MIXED-USE Chapter 2 and 3,A primary focus of the plan is to transform Encourage infill mixed-use development at all conventional auto-oriented shopping plazas into dynamic ranges of affordabilityto reduce vehicle miles nodes of activity that blend healthy living,working, traveled,improvejobs/housing balance,and shopping,and dining in a contemporary village environment. promote social interaction Increasing housing opportunities adjacent to retail and commercial centers encourages residents to walk or bike for essential shopping needs. POLICYLU-2.10 SMART GROWTH Chapter 2,The plan is designated in the Bristol Street Focus high density residential in mixed-use focus area.The new development will achieve the vision to villages,designated planning focus areas, create high density housing within and along mixed-use Downtown Santa Ana,and along major travel villages.As noted by the Guiding Principles,in Chapter 2, corridors. unlike traditional commercial centers dominated by surface parking,this neighborhood village will be the hub of activity, designed within a parklike setting that creates an intimate and relaxing environment. The VillRtY_'�QAW,0a Specific Plan - August 2025 18 — 13 10/7/2025 . � I Plan Consistency POLICYLU-4.1 COMPLEMENTARY USES Chapter 2 and 3,the Village Santa Ana is a mixed use village Promote complete neighborhoods by with a thoughtfully designed site plan that focuses on encouraging a mix of complementary uses, balance and seamless integration of different uses.A mix community services,and people places within a of residential,retail,and office,provide a variety of options walkable area. for future residents.The plan provides outdoor space both shared and privately and people who visit or live at the Village will find a multitude of unique outdoor spaces for strolling,reading,dining,meeting friends,exercising, and enjoying outdoor recreation.Additionally,rooftops, terraces,and balconies that face the park overlook the activities at the ground level and offer an array of amenities for residents. POLICY LU-4.6 HEALTHY LIVING CONDITIONS Proximity to essential resources,outdoor and recreational Support diverse and innovative housing types space and sustainable materials and practices create healthy that improve living conditions and promote a living environments for existing and future residents.The healthy environment. Plan will implement a variety of these practices through land use,design and thoughtful planning.The new development will aim to protect and care for the land. Best practices for reduced energy and water consumption,sustainably sourced materials,and integration of pervious surfaces along with thoughtful plant selection will support on- site water retention for this green village community. Additionally,many units were strategically placed to face open spaces and areas,created a garden unit feel. FIGURE LU-2 SPECIAL PLANNING AREAS The property is a part of one of the five new focus areas:#5 The property is a part of Focus Area#5:South South Bristol Street.Discussion of inclusion in this Focus Bristol street. Area is covered in Chapter 1,Introduction.Additional details of how the Plan is consistent with the South Bristol Street focus area are outlined below. TABLE LU-2.BUILDOUT TABLE The South Bristol Street focus area is planned to accommodate a large amount of housing and employment. Focus Existing Housing Units Existing Jobs The VSA project fits within the projected growth for South Area Bristol Street.A maximum of 1,583 units are permitted zzo 3,337 along with up to 80,000 square feet of commercial use South and 300,000 square feet of office use.The mix of housing, Bristol Future Est.Housing Units Future Est.Jobs directly adjacent to commercial and office use will bring a Street 5,272 7,855 variety ofjobs to the plan area and potentially increase the number of residents who are able to walk or bike to work. FIGURE LU-4 DENSITYAND INTENSITYMAP The density and intensity(du/acre and FAR)of Chapter 4, The property site is designated as DC-5 which Development Standards are consistent with the DC-5 Land means District Center-High with a maximum use Designation:5.0 FAR and/or 125 du/ac,up to 25 stories. density/intensity of 5.0 FAR and/or 125 du/ac and typical max height of 25 stories. City Council 18 — 14 Appendix B: GeneralP/T istency . � Plan Consistency LUDESIGNATION-DISTRICT CENTER The mixed-use land use plan and permitted uses per Chapter The District Center land use designation 4,Development Standards,are consistent with the uses provides for distinctly urban retail,residential described for the District Center designation.The Specific mixed-use,and employment centers that Plan will implement the appropriate development and are well connected to public transportation. design standards associated with these land uses to ensure It includes the city's primary activity centers development and growth that is consistent with the District and opportunities for new urban-scale Center Land Use goals. development. This designation allows a mix of uses, including medium,medium-high,and urban density condominiums,apartments,and townhomes;professional offices;multilevel corporate offices;retail and commercial services;and cultural,education,recreation, and entertainment uses.Mixed-use projects are allowed in both horizontal configurations, with commercial and residential uses side by side,and vertical,with commercial uses on the ground floor and residential above. LU FOCUSAREA-SOUTH BRISTOL The Village Santa Ana Specific Plan implements the vision The South Bristol Street Focus Area represents for a walkable,urban village.The Plan meets the objectives Santa Ana's southern gateway and is a part in the following ways: of the successful South Coast Metro area. Capitalize on the success of the South Coast Metro Between Sunflower and Alton Avenues,the area-The Village's location at the corner of Sunflower District Center land use designation will create and Bear integrates uses with village scale retail and opportunities to transform auto-oriented multi-family living that complement adjacent retail and shopping plazas to walkable,bike-friendly,and residential uses. transit-friendly urban villages that incorporate a Introduce mixed-use urban villages and encourage mix of high intensity office and residential living experiential commercial uses that are more walkable, with experiential commercial uses. bike friendly,and transit oriented,The Specific Plan incorporates all aspects of this objective into the Plan Focus Area Objectives: as especially demonstrated in Chapter 3,Development • Capitalize on the success of the South Plan. Coast Metro area Realize an intense,multistory presence along the • Introduce mixed-use urban villages and corridor-Chapter 4 Development Standards details encourage experiential commercial uses the requirements for a variety of height,setbacks,and that are more walkable,bike friendly,and stepbacks along Sunflower and Bear contributing to the transit oriented. corridor/district. • Realize an intense,multistory presence Provide for mixed-use opportunities while protecting along the corridor adjacent,established low density neighborhoods-As • Provide for mixed-use opportunities while identified in Chapter 4,Development Standards,the protecting adjacent,established low Village provides a mix of uses that are compatible density neighborhoods with the adjacent properties.The standards also require height,stepbacks,setback and landscaping requirements that provide certainty for the placement and scale of future buildings. The VillRtYEQPW,0a Specific Plan - August 2025 18 — 15 10/7/2025 . � Plan Consistency Housing POLICYHE-1.5INFRASTRUCTUREAND Chapter 3 describes the Mobility and Infrastructure plan PUBLIC SERVICES for the Village.Parking,accessibility,and multi-modal Provide quality community facilities,physical transportation were key considerations when developing infrastructure,traffic management and the project.The plan ensures a variety of safe access points parking control,and other public services to for pedestrians and bikers as well as considers the flow of promote the livability,safety,and vitality of traffic for ingress and egress points on Sunflower Blvd and neighborhoods. Bear St.The plan provides a proposed traffic signal where Bear and S Plaza Dr.intersect as well as two new traffic signals along S Plaza Dr.to ensure safe driving speed and pedestrian crossing. POLICY HE-2.3 URBAN VILLAGES The Village will provide up to 1,583 units in a variety of Create higher intensity,mixed-use urban sizes for various household types.The plan integrates villages and pedestrian-oriented experiences high density housing with new shopping,dining and that access and support the office entertainment opportunities.The plan includes public centers,commercial services,and cultural art requirements,human scale design and landscaping activities within District Centers and Urban and walking and biking paths throughout the plan area. Neighborhood designated areas. Connecting future residents to the South Bristol Corridor and nearby cultural,retail,and entertainment destinations is a primary focus of the plan,truly integrating residents into the local scene. POLICY HE-2.6HOUSING DESIGN One primary objective of the plan is to bring high quality Require excellence in architectural design design to the project,focusing on green standards,durable through the use of materials and colors, materials and visual integrity and timeless architecture. building treatments,landscaping,open space, Additionally,Chapter 5 of the Specific Plan outlines the parking,and environmentally sensitive("green") design guidelines and standards for the project.The Plan building and design practices. incorporates quality design throughout the project area, from the larger design of the commercial and residential structures to the small details of materials,landscaping, pedestrian network,and communal gathering spaces. Chapter 5 ensures the project will be built to create a sense of place and address the various aspects of site planning, architecture,and design. POLICYHE-4.4 SERVICE-ENRICHED HOUSING As a part of the plan,a range of senior housing is permitted. Support the provision of supportive services Chapter 4 of the plan specifies that both senior housing and service-enriched housing for persons with and senior care facilities are permitted in the project. special needs,such as seniors,disabled people, Senior housing within apartments provides benefits such homeless people,families,veterans,and people as localized access to markets and essential retail as well as with medical conditions. community-oriented living and walkable spaces. POLICY HE-4.5 HEALTHY HOMES Among the high-quality design of the project is an Support efforts to make homes healthier by emphasis on high quality materials. Project materials will addressing health hazards associated with lead- be in accordance with the requirements of the California based paint and soil,asbestos,vermin,mold, Building Code.The residential design focuses on integrating VOC-laden materials,and prohibiting smoking households into a green and healthy community. in multi-family projects,among others. City Council 18 — 16 Appendix B: GeneralP/T istency . � Plan Consistency POLICY UD-1.1 DESIGN QUALITY Guiding Principal#2 of the Plan focuses on timeless design Ensure all developments feature high quality stating that through human-scale design elements, design,materials,finishes,and construction. selection of warm materials,four-sided architecture,and places for terrace gardens and green walls,the design of the buildings will work holistically with the landscaping and parklike village atmosphere.Additionally,the plan identifies both thoughtful and high-quality design elements throughout Chapter 5.Regarding landscape design,the design guidelines will require a variety of materials for accessibility and permeability. Furnishings and decorative details will require high quality and durable materials that provide visual variety per section 5.5.1 of the Plan. Additionally,Building and architectural materials should be high quality and approved for use in the California Building Code. POLICY UD-1.2 PUBLICART Public art contributes significantly to the public experiences Require public art as part of major and identity of a place and is a primary focus of the design developments and the public realm and details of the project area.Chapter 5,section 5.4.5 improvements. outlines the standards and requirements of public art in the plan area.All requirements are consistent with the General Plan's guidelines for public art.Additionally,public art should be consistent and complimentary to the design of the structures as well constructed using durable materials to allow for longevity.The plan requires public art to support and complement the public experience and will inhibit accessibility of any uses on site. POLICY UD-1.5 ATTRACTIVE PUBLIC SPACE The core of the plan areas focuses on accessible,and activity Encourage community interaction through shared open space.Through high quality design,use of the development and enhancement of plazas, landscaping and greenery and community gather features open space,people places,and pedestrian (i.e.Benches),the central portion of the plan will encourage connections with the public realm. public engagement with the site.Chapter 5 of the plan implements design guidelines which are reflective of Santa Ana's focus on engaging and beautiful public environments. The location of the plan area provides ease of connection to the Arts Center to the east and South Coast Plaza to the South.The focus on walkable urban form and accessible space will allow for complete and connected circulation for pedestrians and cyclists. POLICY UD-4.2 IMAGE MAKING THROUGH The Village will create a place of destination,filled with ARCHITECTURE vibrant and innovative design to reflect the growing Santa Promote development within nodes to reflect Ana city.The proximity to the South Coast Plaza,Performing the significance of the area and cultivate a Arts Center and Recently established Art Museum adds positive image of Santa Ana through high the cultural vitality of the project area.The project will quality architecture. integrate warm and timeless architectural design,public art and walkable gather spaces to create a desirable village and establish a sense of place for residents and visitors. The VillRtYEQPW,0a Specific Plan - August 2025 18 — 17 10/7/2025 . � I Plan Consistency POLICY UD-4.3ACTIVE OPEN SPACES Guiding Principle#3 of the plan encourages and envisions Ensure architectural and landscape design a multitude of unique outdoor spaces for strolling,reading, activates open space as a means to promote dining,meeting friends,exercising,and playing.The retail community interaction and enhance the village common areas may be programmed for recurring aesthetic quality of development. activities such as movie nights,seasonal events,exercise options such as outdooryoga,family nights,and other opportunities for nearby residents.The use of public art, programming,circulation and mobility design as well as high quality materials support the Plan's ability to create an activated and engaged shared outdoor space. POLICYUD-4.4 VIBRANTSTREET LIFE Guiding Principal#5 of the plan states new residential and Encourage development within nodes that commercial buildings will orient toward the streets and promotes pedestrian activities,enhanced retail village and provide easy access for pedestrians.The amenities,and engaging designs that allow for streetscape and building setbacks along Sunflower Avenue, discovery,excitement,and social interaction. South Plaza Drive,Bear Street,and internal project roads will be designed with a cohesive palette of drought-tolerant plants with unique characteristics,brightly colored flowers, and a mix of succulents and trees.Additionally,Principal#4 states that the Village Santa Ana will be an extension of the art walk,showcasing art works in the form of landscaping, stand-alone art pieces,and local artisan retail.Distinctive architecture and high-quality materials will contribute to the character of the Village. Chapter 4 Land Use and Chapter 5 Design Guidelines also ensure a harmonious layout of landscaping,open space, walkways and structures. POLICY UD-5.1 BUILDING PRESENCEAT The Intersection at Bear Street and Sunflower Avenue is one INTERSECTIONS of the key northern entrances to the South Coast Plaza area; Create a strong presence at focus intersections and therefore,should represent the vibrancy of the area. by locating intense building mass and open The architecture and design for the Village should consider space areas along the street that include high the Southern California environment and indoor/outdoor quality design and materials. lifestyle as well as the design aesthetic of the adjacent South Coast Metro area.Chapter 5 encourages a contemporary architectural style,where buildings are different yet complementary.Towers should create a unique identity within the overall development where residential lobbies are visible from the street and facade treatments are applied visible sides,creating consistent frontage and design. POLICY UD-6.4 DECORATIVE FEATURES The use of lighting and landscaping will be used to create Promote coordinated landscaping and cohesive and usable features in the plan area.The use of decorative features in projects near landmarks decorative lighting treatments in landscaping,pedestrian that appropriately enhance the vicinity and do activity areas,and nodes and entryways support an not create visual clutter. enhanced pedestrian experience.Additionally,the plan aims to utilize outdoor furnishing and amenities to denote community gathering spaces while paving and landscaping denotes walkways and bikeways. City Council 18 — 18 Appendix B: GeneralP/T istency . � Plan Consistency POLICY OS-1.9 The Specific Plan provides for approximately 7.5 acres of Require all new development to provide publicly accessible open space,consisting of both active adequate parks and open space,including via and passive open space. Additionally,the Plan requires 90 parkland dedication or development fees,in square feet of private open space and 100 square feet of order to meet the City's Park standard. Ensure active or passive open space per unit.The requirements for that new development includes pedestrian and open space in VSA are consistent with the General Plan's multi-modal travel ways to promote a quality requirements.The plan also prioritizes open space as a key living environment.For new development placemaking feature of the development. within park deficient and environmental justice areas,prioritize the creation and dedication of new public parkland over the collection of impact fees. POLICY OS-2.1 Chapter 3 of the Plan outlines the key features of the open Provide a variety of recreation facilities and space layout and site plan.The features are shown in Figure activities to meet the diverse needs of the 3-3 of the plan and described below: community.Consider needs for indoor and The Promenade draws pedestrians from the residential outdoor recreation opportunities,as well as area west of Bear Street,South Plaza Drive,and beyond traditional and trending activities. to create a distinct destination along Sunflower Avenue. Wide sidewalks with extensive planting,lighting,and art weave connections to the amenities and gardens of the Village. The Square is intended to be an intimate hub for public gathering,events,and relaxation from day to night. Various seating areas,water features,and experiential lighting and art are envisioned to activate the Square. This area can be programmed for large events such as outdoor yoga and fitness classes,parties,markets,and outdoor movie nights.Restaurant patios contribute to a lively village vibe. Garden Paseos create a uniquely immersive experience along the edges and entries of the Village.These paseos heighten the sense of botanical bounty in Southern California,further promoting gathering and activity. The Garden Strolls let residents and the public take a break from the bustle of the village square and streetscape.These areas are packed with shade trees and native planting and provide space for recreation as well as immersive seating areas throughout. A Fitness Loop encircles and threads through the site with special markers to provide a continuous fitness path for residents and neighbors. The Recreation Lawn is an area where the community and their pets can gather and relax in a low-water-grass space. Architectural features such as the Grand Stairs connect outdoor open space up to the building,creating a unique area for relaxing,meeting up with friends,or exercising. The VillRtYEQPW,0a Specific Plan - August 2025 18 — 19 10/7/2025 . � I Plan Consistency POLICY OS-2.6 As outlined in Figure 3-3,the open space plan connects Design and develop parks,greenspace,and residents to one another through private open space trail corridors to support community respite, designations and connects the public to various restaurants, wellness,and the mental health benefits found retail and public open space areas throughout and around in connections to nature. the edge of the plan.With a focus on accessibility,the use of durable materials,features and amenities encourage community gathering for rest,relaxation and play. POLICYOS-2.12 Core principles for open space focus on community Ensure that parks and recreation facilities experience and connectivity.Circulation of the open space incorporate placemaking elements that foster drifts across the site,anchored by an immersive garden social connections and community pride such experience.Additionally,the plaza space is composed of as art,landscaping,murals,and amenities and programmed nodes connected by varying types of pathways facilities that reflect site character and local and seating,as well as public art.The use of programming, needs. such as farmers markets,pop-ups and other events create a sense of place and destination for the community at large. Lighting,features and amenities emphasize key open spaces within the plan and create an inviting and safe place for people. POLICYM-1.2 BALANCED MULTIMODAL Chapter 3 of the Plan contains the mobility network for NETWORK the Project area.Figure 3-16 and Figure3-17 display the Provide a balanced and equitable multimodal pedestrian circulation network and the bicycle circulation circulation network that reflects current and network respectively.The plan accommodates a variety of changing needs. transportation within and to/from the plan area,including automobiles,walking,bikes,and rideshare.The internal pedestrian network provides multiple access points along Bear St.Sunflower Blvd,and S Plaza Dr. Additionally,the plan proposes four new bike lanes through and around the site,including the following: • Proposed Class I bike path along Bear St. Proposed Class IV bike route along Sunflower Ave. The plan will also accommodate increased bike usage by providing three bike parking stations. POLICYM-5.1 ENHANCED STREETDESIGN Landscaped guidelines for parkways,walkways and medians Improve the beauty,character,and function of are outline in Chapter 5 of the Specific Plan.The use of public travel ways with amenities such as landscaped art,materials and texture variety,plants,and greenery parkways and medians,bike lanes,public art, adjacent to and integrated within walkways and bikeways and other amenities. elevates the environment and experience.Chapter 5 encourages the use of landscaping to draw visual interest, increase safety,bring color and shade to walking paths and to improve the urban environment. City Council 18 — 20 Appendix B: GeneralP/T istency Exhibit B City Council 18 — 21 10/7/2025 The Final Supplemental Environmental Impact Report (SEIR), Environmental Findings, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program for The Village Santa Ana Specific Plan (SP-6) are available: Online on the City's Project webpage at https://www.santa-ana.org/supplemental- environmental-impact-report-the-village-santa-ana-specific-plan/. Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 Or Southwest Senior Center 2201 W. McFadden Avenue Santa Ana, CA 92704 City Council 18 — 22 10/7/2025 Exhibit C City Council 18 — 23 10/7/2025 The Village Santa Ana Specific Plan (SP-6) and associated appendices are available: Online on the City's Project webpage at https://www.santa-ana.org/specific-plan-the- village-santa-ana/. Physically at: City of Santa Ana, Planning Division Counter 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 City Council 18 — 24 10/7/2025 Exhibit D City Council 18 — 25 10/7/2025 �S cj 26-5-10 26-5-10 5 ti6 s R1 - R GARR YAV 10 Al Al Al Al Al w Al aRl-PRD a 'Fy 9WY C4 R1-PRD zRl-PRD O Ml D R1 Y' Al MOORE AV OPS M1 Al R1-PRD v R1 O OUP RR O O O O WALTONAV A LTON RL-PRD qV RL-P D aLACKHAWK:E.:la [aC2 R2-PRD Ro D SD4 S D51 3 MEADOWBRDOK RC1 R3 PICASSO REMBRANDT EEREFIE LD RD N \ F W MACARTHUR BLVD Q R1 lJ 1-.�_ - - �I w H UNIPER 3 m m A wEsr WIND m N C2 R1 R1-PRD R1 ORION w' H � PR1 ~ - R1-PRD SD7 wS U-1 v WIND BAY p URORA Cq ESm z z R1T R1 a p R1 ]w ' R1 ................... S" Nq N/A Print Date.11/20/24 N/A �1\P ZONING DISTRICTS Al GENERAL AGRICULTURAL CSM SOUTH MAIN STREET COMMERCIAL DIST. R2 TWO-FAMILY RESIDENCE -B PARKING MODIFICATION Cl COMMUNITY COMMERCIAL GC GOVERNMENT CENTER R3 MULTIPLE-FAMILY RESIDENCE -OZ OVERLAYZONE Cl-MD COMMUNITY COMMERCIAL-MUSEUMDIST. M1 LIGHTINDUSTRIAL R4 SUBURBAN APARTMENT PLANNED RESIDENTIAL PRO C2 GENERAL COMMERCIAL M2 HEAVY INDUSTRIAL RE RESIDENTIAL ESTATE DEVELOPMENT C4 PLANNED SHOPPING CENTER 0 OPENSPACE SO SPECIFIC DEVELOPMENT -HD2 HEIGHT DISTRICT II C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RES IDENTIAL R1 I SINGLE-FAMILY RESIDENCE OZ1 I METRO EAST OVERLAY ZONE Sectional District Map: 35-5-10 City of Santa Ana, California Revised Date:October 7,2025 City Council 18 — 26 10/7/2025 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DEVELOPMENT AGREEMENT NO. 2025-01 FOR THE VILLAGE SANTA ANA SPECIFIC PLAN PROJECT GENERALLY LOCATED AT 1561 W. SUNFLOWER AVENUE, BETWEEN THE CITY OF SANTA ANA AND SOUTH COAST PLAZA, A CALIFORNIA GENERAL PARTNERSHIP BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. Justin McCusker, on behalf of South Coast Plaza, a California general partnership ("Applicant" and "Property Owner"), is seeking approval of various entitlements to facilitate the redevelopment of a 17.2-acre site into a mixed-use urban village ("Project"). B. The project site is located along the southern edge of the City of Santa Ana ("City"), on the northeast corner of West Sunflower Avenue and South Bear Street, transected by South Plaza Drive. The project site includes 11 addresses (1561, 1611, 1621, 1631, 1641, and 1661 W. Sunflower Avenue; 3820, 3840, and 3951 S. Plaza Drive; and 3811 and 3851 S. Bear Street) and seven parcels (412-131-10, 412-131-20, 412-131-21, 412-451-01, 412- 451-02, 412-451-03, and 412-451-04), collectively referred to as 1561 W. Sunflower Avenue ("Project Site"). C. The Project entitlements include Amendment Application (AA) No. 2025-01 to establish The Village Santa Ana Specific Plan (Specific Plan No. 6 (SP- 6)) and to approve a zone change for the Project Site from Specific Development No. 48 (SD-48) to SP-6; Vesting Tentative Tract Map (VTTM) No. 2025-06 (County Map No. 2023-159) to subdivide the Project Site into six buildable lot; and Development Agreement (DA) No. 2025-01 outlining terms and conditions for the Project. D. The Project entails, among other things, (1) demolition of the existing structures on the Project Site and (2) redevelopment of the Project Site into an urban village containing up to 1,583 residential units, 80,000 square feet of commercial/retail space, and 300,000 square feet of office space, including 7.5 acres of publicly accessible open space and on-site parking and landscaping. E. The City of Santa Ana ("City") is authorized, pursuant to Government Code sections 65864 through 65869.5, to enter into development agreements with persons having legal or equitable interests in real property for the efdomemee xx City Council 18 — 27 10/7029a5 of 5 purpose of establishing certainty for both City and owner in the development process. F. Because of the logistics, magnitude of the expenditure and considerable lead time prerequisite to planning and developing the Project, Applicant has proposed to enter into a development agreement concerning the Project (DA No. 2025-01) to provide assurances that the Project can proceed without disruption caused by a change in the City's planning policies and requirements except as provided in the DA No. 2025-01, which assurance will thereby reduce the actual or perceived risk of planning for and proceeding with development of the Project. G. On August 11, 2025, the Planning Commission of the City of Santa Ana held a duly-noticed public hearing on the proposed Project and recommended that the City Council approve an ordinance approving DA No. 2025-01. H. Entering into this DA No. 2025-01 would provide the City with extraordinary and significant benefits that are of regional significance, relate to existing deficiencies in public facilities, require the Property Owners to contribute a greater percentage of benefits than would otherwise be required, and represent benefits which would not otherwise be required as part of the development process. I. The Project and the use that the Applicant propose in connection with the Project have been extensively reviewed and considered by the City Council, and such proposed development and use have been found to accommodate the City's recommendations and suggestions in order to protect the public's interest to enhance the desirability of such proposed development and use. The terms and conditions of this DA No. 2025-01 are fair,just and reasonable, and the City Council has concluded that the pursuit of the Project will serve the interests of the City. J. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds DA No. 2025-01 in the public's interest and results in substantial community benefits because it meets and facilitates the fulfillment of many of the City's adopted General Plan "Issues, Goals and Policies" for each individual element, as further documented in the Ordinance of the City Council approving AA No. 2025-01 to establish The Village Santa Ana Specific Plan (SP-6) and approving the zone change from SD-48 to SP-6. Section 2. The City prepared a Draft Supplemental Environmental Impact Report (Draft SEIR)that analyzed the Project's environmental impacts in accordance with the California Environmental Quality Act (Public Resources Code, §§ 21000 et seq., CEQA), the regulations promulgated thereunder (14 Cal. Code of Regulations, §§ 15000 et seq., the CEQA Guidelines), and the City's Local CEQA Guidelines. The Draft SEIR was made available for public review for 52 days between April 17, 2025 and June 9, 2025. The document was made available online at the City of Santa Ana website and available for review at City Hall and the Southwest Senior Center in hard copy form. In efdomemee xx City Council 18 — 28 10/7029a5 of 5 response to comments received on the Draft SEIR, the City prepared a Final SEIR and released it to the public on August 4, 2025. The Final SEIR in the City Council Resolution approving the Final SEIR is incorporated herein by reference. The City Council Resolution recommends certification of the Final SEIR (SCH No. 2020029087), adoption of findings under CEQA, and adoption of the Mitigation Monitoring and Reporting Program and the Statement of Overriding Considerations, and among other things, properly assesses the environmental impact of the Project in accordance with CEQA. The Resolution incorporates by reference the environmental findings and analysis set forth in the Resolution for the Final SEIR (SCH No. 2020029087) as if fully set forth herein. Section 3. The City Council of the City of Santa Ana, after conducting the public hearing, hereby approves DA No. 2025-01, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and authorizes the City Manager and City Clerk to execute it on behalf of the City with such non-substantive changes as may be authorized by the City Manager and City Attorney. The City Clerk is hereby authorized and directed to cause DA No. 2025-01 to be recorded with the County Recorder's Office. Section 4. This Ordinance shall not be effective unless and until the City Council Resolution for Final SEIR No. 2025-01 (SCH No. 2020029087), the City Council Resolution for VTTM No. 2025-06, the City Council Ordinance for AA No. 2025-01, and the City Council Resolution to Overrule the Orange County/John Wayne Airport Land Use Commission's determination of inconsistency are adopted and become effective. If said resolutions and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise do not go into effect for any reason, then this Ordinance shall be null and void and have no further force and effect. Section 5. This Ordinance shall not be effective unless and until the City receives a fully executed copy of DA No. 2025-01. If the fully executed copy of the DA No. 2025-01 is not received by the City Clerk within 30 days of the approval of this Ordinance by the City Council, then this Ordinance shall be null and void and have no further force and effect. Section 6. The documents and materials associated with this Ordinance that constitute the record of proceedings on which these findings are based are located at Santa Ana City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. The City Clerk is the custodian of records for the record of proceedings. Section 7. Pursuant to Government Code Section 66020, the Applicant may protest the imposition of fees, dedications, reservations, or other exactions imposed on this development project by taking the necessary steps and following the procedures established by sections 66020 through 66022 of the California Government Code. Section 8. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other efdolgalgee xx City Council 18 — 29 10/7029a5 of 5 procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 9. This Ordinance shall be effective thirty days after its adoption provided the conditions precedent set forth above have been satisfied. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. Pursuant to Government Code Section 65868.5, within 10 days following the entering into of the Development Agreement, as evidenced by full execution thereof, the City Clerk shall record with the Orange County Recorder a copy of the Development Agreement. ADOPTED this day of , 2025. Valerie Amezcua Mayor xx City Council 18 — 30 10 PQ94 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B (y: ao Melissa M. Crosthwaite Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTENTIONS: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Jennifer L. Hall, City Clerk, do hereby attest to and certify the attached Ordinance No. NS-XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on 12025. Date: Jennifer L. Hall City Clerk City of Santa Ana xx City Council 18 — 31 10/7029a6 of 5 Exhibit A City Council 18 — 32 10/7/2025 RECORDED AT REQUEST OF: ) AND WHEN RECORDED RETURN TO: ) City of Santa Ana ) 20 Civic Center Plaza(M-30) ) Santa Ana, CA 92702 ) Attention: Clerk of the Council ) Exempt from filing fees pursuant to Government Code §27383 DEVELOPMENT AGREEMENT NO. 2025-01 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SANTA ANA and SOUTH COAST PLAZA City Council 18 — 33 10/7/2025 DEVELOPMENT AGREEMENT NO. 2025-01 This Development Agreement("Agreement") is entered into as of this M day of 2025 by and between the City of Santa Ana, California("City") on the one hand, and South Coast Plaza, a California general partnership ("Owner"or"SCP"), on the other hand. City and Owner may be referred to in this Agreement individually as a"party" or collective as the"parties." RECITALS A. City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property,pursuant to Section 65864, et sue. of the Government Code. B. This Agreement constitutes a current exercise of City's police powers to provide predictability to SCP in the development approval process by vesting the permitted uses, density, intensity of use, timing and phasing of development, and applicable ordinances consistent with the Development Plan in exchange for SCP's commitment to provide significant public benefits to City as set forth in Section 4 below. C. SCP has requested that City enter into this Agreement and proceedings have been taken in accordance with applicable State law and the rules and regulations of the City in furtherance thereof. D. The best interests of the citizens of the City of Santa Ana and the public health, safety and welfare will be served by entering into this Agreement. E. The City Council hereby finds and determines that this Agreement is of major significance because it will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project,property and sales tax revenue to the City, infrastructure improvements,neighborhood revitalization, and general economic benefit. F. The provision by SCP of the public benefits as set forth in Section 4 below allows the City to realize significant economic,recreational, open space, educational, social, and other public benefits to City. These public benefits will advance the interests and meet the needs of Santa Ana residents and visitors to a significantly greater extent than would development of the Property without this Agreement. G. The physical effects,if any, of the Project and this Agreement have been analyzed pursuant to the California Environmental Quality Act as amended to date and as documented in the Final Environmental Impact Report entitled"Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report(State Clearinghouse No. XXXXX) and City of Santa Ana DP No. ("Project FEIR"). H. This Agreement and the Project are consistent with the Santa Ana General Plan. L All actions taken and approvals given by City have been duly taken or approved in accordance with all applicable legal requirements for notice,public hearings, findings,votes, and other procedural matters. City Council 18 — 34 10/7/2025 J. Development of the Property in accordance with this Agreement will provide substantial benefits to City, as set forth in Section 4 below, and as stated Sections 1.4 and Appendix B of the Specific Plan and will further important policies and goals of City. K. This Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property,provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864, et u. of the Government Code are intended. L. On July 15,2025 ,the City Council held a public hearing and authorized the City's Planning Division to draft findings and issue a determination overruling the County of Orange Airport Land Use Commission's Determination of Inconsistency associated with the Project and to provide notice of same in accordance with Section 21676(b) of the Public Utilities Code to the County of Orange Airport Land Use Commission and the State of California Department of Transportation's Division of Aeronautics. M. On August 11,2025, City's Planning Commission held a public hearing on this Agreement, made findings and determinations with respect to this Agreement, and recommended to the City Council that the City Council approve this Agreement. N. On September 16, 2025,the City Council held a public hearing introducing this Agreement and considered the Planning Commission's recommendations and the testimony and information submitted by City staff, SCP, and members of the public. On DATE consistent with applicable provisions of State law and the rules and regulations of the City,the City Council adopted Ordinance No. NS- finding this Agreement consistent with the City's General Plan and approving and adopting this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, City and Owner hereby agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1. Definitions. The following terms when used in this Agreement(including in the recitals above) shall be defined as follows: 1.1.1. "Assigned Rights"has the meaning set forth in Section 2.5.1 hereof. 1.1.2. "Assignment and Assumption Agreement"has the meaning set forth in Section 2.5.1 hereof. 1.1.3. "Assumed Obligations"has the meaning set forth in Section 2.5.1 hereof. 1.1.4. "Agreement"means this Development Agreement. 1.1.5. "City"means the City of Santa Ana, a charter city and California municipal corporation. City Council 18 — 35 10/7/2025 1.1.6. "City Attorney"means the City of Santa Ana City Attorney. 1.1.7. "City Council"means the duly elected city council of the City of Santa Ana. 1.1.8. "Development"means the improvement of the Property for the purposes of completing the structures, improvements, and facilities comprising the Project including, but not limited to: grading; construction of infrastructure and other public facilities; construction of buildings and structures; installation of landscaping consistent with this Agreement. "Development"does not include the maintenance,repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.9. "Development Impact Fee"means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis,that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project,but does not include fees for processing applications for governmental regulatory actions or approvals. 1.1.10."Development Plan"means the plan for development of the Property pursuant to the Project Approvals as set forth in Exhibit"C." 1.1.11."Development Project Review Approvals"refers to the administrative review of all projects meeting the requirements of Division 3 of Article V of Chapter 41 (Zoning) of the Santa Ana Municipal Code as may be required by the Project Approvals. 1.1.12."Discretionary Action"or"Discretionary Approval"means an action that requires the exercise of judgment, deliberation, or discretion on the part of the City,including any board, agency, commission, or department and any officer or employee thereof, in the process of approving or disapproving Development of the Project, as distinguished from an activity that is defined herein as a Ministerial Permit or Ministerial Approval(i.e.,Development Project Review Approvals). 1.1.13. "Effective Date"means the date the ordinance approving and authorizing this Agreement becomes effective. 1.1.14."Executive Director"has the meaning set forth in Section 2.5.1 hereof. 1.1.15."Existing Land Use Regulations"means the Land Use Regulations that are in effect on the Effective Date,pursuant to California Government Code Section 65866. 1.1.16. "Existing Project Approvals"means all Project Approvals approved or issued on or before the Effective Date. 1.1.17."Future Project Approvals"means Project Approvals for the Project that are adopted, approved, or issued after the Effective Date. City Council 18 — 36 10/7/2025 1.1.18."Land Use Regulations"means all ordinances, laws, resolutions, codes,rules, regulations,policies,requirements, guidelines, or other actions of City, including but not limited to the provisions set forth in the City's General Plan, Municipal Code, that affect, govern, or apply to the Development of the Project and use of the Property in a manner consistent with this Agreement, including, without limitation,the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings,the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the Development of the Property, subject to the terms of this Agreement,whether adopted by the City Council or the voters in an initiative. "Land Use Regulations"does not include any City ordinance,resolution, code, rule,regulation or official policy, governing: (a) the conduct of businesses,professions, and occupations; (b) taxes (special or general) and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use or the entry upon public property; (e) the exercise of the power of eminent domain. 1.1.19."Owner"means the persons and entities listed as Owner on page 1 of this Agreement and their successors in interest to all or any part of the Property. 1.1.20."Ministerial Approval,"or"Ministerial Act"means the nondiscretionary permits, plans, inspections, certificates, documents and licenses required to be taken, issued, or approved by the City in order for Owner to develop the Project,including,without limitation,building permits, grading permits, Development Project Review Approvals, and other similar permits and approvals. Any approval or act that is not a Discretionary Approval is a Ministerial Approval. 1.1.21."Mortgagee"means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns. 1.1.22."Project"means the development of the Property, as more specifically described in Exhibit"A"and shown on Exhibit`B,"pursuant to the Project Approvals and the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this Agreement. 1.1.23."Project Open Space"means the approximately 7.5 acres of publicly accessible open-space areas, as defined in the Specific Plan, to be maintained by Owner. 1.1.24."Project Phase" shall mean a portion of the development of the Property as contemplated by the Project Approvals. To avoid confusion, a"Project Phase"may include one or more Development phases and shall not be limited to any single Specific Plan Phase and may consist of a portion of a Specific Plan Phase. 1.1.25."Project Approvals"means all site-specific (meaning specifically applicable to the Project only and not generally applicable to some or all other properties within the City) plans,maps,permits, entitlements, approvals(including Development Project Review City Council 18 — 37 10/7/2025 Approvals), and entitlements of every kind and nature that are sought or agreed to in writing by Owner in its sole and absolute discretion for Development of the Project and that are approved by the City. Project Approvals include,but are not limited to, general plan amendments, specific plan approvals or amendments, site plans, development project review approvals,tentative and final subdivision maps, design guidelines,variances,zoning designations, conditional use permits, grading,building, and other similar permits, the site-specific provisions of general plans, environmental assessments, including environmental impact reports and negative declarations. A list of the Project Approvals is set forth in Exhibit"C." 1.1.26."Property"means the real property described in Exhibit"A"and shown in Exhibit`B"to this Agreement. The Property is approximately 17.2 gross acres in size and is occupied by the South Coast Plaza Village commercial development as of the Effective Date. It is composed of seven parcels,Assessor Parcel Numbers (APNs): 412-131-10, 412-131-20, 412- 131-21,412-451-01,412-451-02, 412-451-03, and 412-451-04. 1.1.27."Public Benefit"refers to those benefits provided to the City and the community by Owner pursuant to Section 4 below. 1.1.28."Reservation of Rights"means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to City under Section 3.3 of this Agreement. 1.1.29."Specific Plan Phase"means any one of the five phases as shown on Figure 6-1 (Conceptual Phasing Plan)of the Village Santa Ana Specific Plan. 1.1.30."Term"has the meaning ascribed thereto in Section 2.4.1 below. 1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit"A"—Legal Description of the Property Exhibit`B"—Map showing Property and its location Exhibit"C"—Development Plan and list of Project Approvals 2. GENERAL PROVISIONS. 2.1. Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out in accordance with the terms of the Development Plan,the Project Approvals, and this Agreement. This Agreement shall be recorded against the Property. 2.2. Ownership of Property. Owner represents and covenants that it is the Owner of the fee simple title to, or has an equitable interest in, the Property or a portion thereof. 2.3. City Council Findings. The City Council finds that: 2.3.1. This Agreement is consistent with the City's General Plan. City Council 18 — 38 10/7/2025 2.3.2. This Agreement ensures a desirable and functional community environment, provides effective and efficient development of public facilities, infrastructure, and services appropriate for the development of the Project, and enhances effective utilization of resources within the City. 2.3.3. This Agreement provides public benefits beyond those that are necessary to mitigate the development of the Project, as set forth in Section 4 below. 2.3.4. This Agreement strengthens the public planning process, encourages private participation in comprehensive planning, and reduces costs of development and government. 2.3.5. The best interests of the citizens of the City and the public health, safety, and welfare will be served by entering into this Agreement. 2.4. Term. 2.4.1. The initial term of this Agreement shall commence on the Effective Date and shall continue for a period of twenty(20)years thereafter(the "Initial Term"),unless modified or extended pursuant to the provisions of this Agreement. Together, the Initial Term and any extension under this Agreement shall constitute the"Term."The Term,including all possible extensions, shall not exceed twenty-five-years unless this Agreement is amended to allow further extensions. Owner shall execute this Agreement which shall be recorded against the Property no later than ten(10) days following Owner's receipt of the fully-executed,recordable Agreement from the City. (a) It is anticipated that Parties will sign the Development Agreement upon approval of the Agreement by the City Council. Owner shall cause this Agreement to be timely recorded against the Property no later than ten(10)days following Owner's receipt of the fully- executed,recordable Agreement from the City. (b) Failure of Owner to record this Agreement against the Property within ten(10) days following the receipt of the fully-executed,recordable Agreement from the City shall constitute an event of default by Owner under this Agreement. 2.4.2. The Initial Term of this Agreement shall be automatically extended by up to five (5)years if Owner achieves the following milestones: construction has commenced on: (i)no less than 50,000 square feet of commercial/retail floor area; and(ii) 360 residential dwelling units. 2.4.3. If Owner fails to satisfy the prerequisites to securing the automatic extension,the City Council may nonetheless elect,in its sole discretion,to grant one or more extensions if Owner provides the City with a plan that includes a Development timeline and specific Development milestones. 2.4.4. When the Term ends, Owner shall have no vested right under this Agreement, regardless of whether or not Owner has paid City any Development Impact Fee. 2.4.5. If any party other than Owner initiates litigation that challenges the Project, this Agreement(and/or the ordinance approving this Agreement), or any of the Existing Project Approvals,the Owner will have the right to toll commencement of the Term, except for the duty City Council 18 — 39 10/7/2025 to record this Agreement within ten(10) days of receipt of the fully-executed,recordable Agreement from the City, and any obligations of Owner under this Agreement during the period of such litigation. The tolling shall commence upon receipt by the City of written notice from Owner invoking this right to tolling. The tolling shall terminate when the action,including any appeal, is finally resolved,whether by entry of a final,non-appealable judgment that upholds the Project and the Existing Project Approvals or voluntary or involuntary dismissal of the entire action(and the passage of time required to appeal an involuntary dismissal)by the moving party. Owner shall similarly have the right to toll commencement of the Term, except for the duty to record this Agreement within ten (10) days of receipt of the fully-executed, recordable Agreement from the City, and any obligations of Owner under the Agreement in the event a referendum petition challenging the Project,the ordinance approving this Agreement, or any of the Project Approvals is submitted to the City Clerk. The tolling shall terminate if and when: (1) the City Clerk determines the referendum petition did not receive sufficient signatures to qualify for the ballot; or(2)the election results of the referendum uphold the Project and the Existing Project Approvals and are certified by the City Council. This Agreement shall be null and of no further force and effect in the event that the City Council rescinds the challenged action. 2.5. Assigningnt. 2.5.1. Right to Sell, Transfer, or Assign. Owner shall have the right, from time to time, to sell,transfer, or assign the Property in whole or in part(provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.)to any person, partnership,joint venture, firm, limited liability company, or corporation and, in connection therewith,to assign its rights under this Agreement, in whole or in part, to said person, partnership,joint venture,firm, limited liability company(collectively,the"Assigned Rights") at any time during the term of this Agreement;provided,however,that any such sale,transfer, or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement that pertain to the Project Phase[s] that is the subject of such transfer, and be made in compliance with the following conditions precedent: (a) No sale,transfer, or assignment of any right or interest under this Agreement(in whole or in part) shall be made unless made together with the transfer of all or a part of the Property,to which such rights or interests apply. (b) In connection with any such assignment of an Owner's rights and obligations under this Agreement(in whole or in part), Owner shall notify City in writing at least sixty(60 days)in advance of any sale,transfer or assignment and shall provide City with a draft assignment and assumption agreement("Assignment and Assumption Agreement"), in a form reasonably satisfactory to City,to be entered into by Owner, such assignee, and the City,pursuant to the terms of which such assignee shall expressly and unconditionally assume those duties, obligations, agreements, covenants, and waivers of Owner under this Agreement that are applicable to the Project Phase that is the subject of the portion of the Property, as applicable, being transferred,including,without limitation,the covenants not to sue and waivers contained in Sections 7.3.1 and 9.5.1 hereof(collectively,the"Assumed Obligations"). Notwithstanding the failure of any assignee to execute the Assignment and Assumption Agreement, as required by Section 2.5.1(b) above,the burdens of this Agreement(as they relate to the Project Phase that is the subject of the Property being transferred) shall be binding upon such transferee,but the City Council 18 — 40 10/7/2025 benefits of this Agreement shall not inure to such transferee unless the Assignment and Assumption Agreement is executed. (c) The Executive Director for the Planning and Building Agency (the "Executive Director") shall have the administrative authority to approve of the Assignment and Assumption Agreement and to determine whether Owner has complied with the above conditions,which approval and determination shall not be unreasonably withheld or conditioned. The Executive Director shall use best efforts to approve of the Assignment and Assumption Agreement and to determine whether the Owner has complied with the above conditions within five (5)business days following receipt of Owner's written request. The Executive Director's failure to approve or disapprove the foregoing within thirty(30) days following the Executive Directors receipt of Owner's written request shall constitute City's approval of the same. 2.5.2. No Release of Transferring Owner. Notwithstanding any sale,transfer or assignment as provided in any Assignment and Assumption Agreement delivered in accordance with the provisions of Section 2.5.1 above, a transferring Owner shall continue to be obligated to comply with all of the terms and conditions set forth in this Agreement(and such transferring Owner shall not be released from any of such obligations)with respect to the transferred Property, or any transferred portion thereof, as applicable, and following any such transfer the transferring Owner and the transferee under the Assignment and Assumption Agreement shall be jointly and severally liable with respect to all of the obligations assumed by such transferee under such Assignment and Assumption Agreement. 2.6. Administrative Changes and Modifications. 2.6.1. Owner and City acknowledge that further planning and development of the Project may demonstrate that refinements and changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement, the Project Approvals,the Existing Land Use Regulations, and, once issued, any Future Project Approvals. 2.6.2. If and when the parties find that"Substantially Conforming Changes,"as herein defined, are necessary, desirable or appropriate, they may,unless otherwise required by law, effectuate such changes or adjustments through an administrative operating memorandum that is executed by Owner and the Executive Director of the City's Planning and Building Agency or the Director's designee. As used herein, a"Substantially Conforming Change"is a minor change,modification, or adjustment that is deemed to be in substantial conformance with the Development Plan at the City's sole and absolute discretion. The following are excluded from the definition of"Substantially Conforming Changes": (1) changes to the In-Lieu Fee; and(2) changes to the Project Open Space. A Substantially Conforming Change is not considered an amendment to this Agreement or to Development Plan and so does not require prior notice or hearing by the Planning Commission or City Council. 2.7. Amendment or Cancellation of Agreement. Except for Substantially Conforming Changes as defined by Section 2.6.2 above,this Agreement may be amended or modified from time to time only with the written consent of Owner and the City or their successors and assigns, and only upon approval of an amendment by the City Council after a public hearing in accordance with Government Code Section 65868. This provision shall not limit any remedy of City or Owner as provided by this Agreement. City Council 18 — 41 10/7/2025 2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: 2.8.1. Expiration of the stated Term of this Agreement as set forth in Section 2.4, including any extension(s). 2.8.2. Entry of a final judgment by a court of competent jurisdiction setting aside, voiding, or annulling the adoption of the ordinance approving this Agreement and/or any Project Approvals as set forth in Exhibit C. 2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement and/or any Project Approvals. In the event a referendum petition challenging the ordinance approving this Agreement and/or any Project Approvals is submitted to the City Clerk, Owner shall deposit with the City Ten Thousand Dollars ($10,000) ("Petition Deposit")to cover the actual cost incurred by the City examining the petition and verifying signatures. Should the referendum qualify for the ballot, Owner may request, at or prior to the Council meeting at which the Council will take up the referendum issue,that the City Council repeal the ordinance and/or any Project Approvals rather than submitting it to the voters. If Owner does not request that the City Council repeal the ordinance and/or any Project Approvals and the City Council submits the referendum to the voters, Owner shall deposit Fifty Thousand Dollars ($50,000) ("Referendum Deposit")with the City. City may use the Referendum Deposit to pay any and all costs associated with the said referendum measure (e.g.,legal fees for outside counsel). Any funds remaining in the Petition Deposit may be put toward the Referendum Deposit at the Owner's request. If at any time the Referendum Deposit account has Five Thousand Dollars ($5,000) or less remaining, Owner shall, within three(3)business days of receiving notice from the City, deposit with the City Twenty-Five Thousand Dollars ($25,000) as requested by the City to cover necessary costs and expenses associated with the referendum and holding the related election. Following certification of the election results, any funds remaining in the Petition Deposit or the Referendum Deposit account shall be returned to the Owner within thirty (30) days of certification of the election results. In the event Owner requests that the City Council repeal the ordinance and the City Council nonetheless determines to submit the ordinance to the voters, Owner shall have no financial responsibility for the costs associated with holding the election, including any obligation to make a Referendum Deposit. 2.8.4. Completion of the Project in accordance with the terms of this Agreement,which is hereby defined to be: (i) issuance by the City of all required occupancy permits and final approvals for occupancy for the Project's 1,583 multi-family residential units, 80,000 square feet of commercial uses, and 300,000 square feet of office space. (ii) acceptance by City or applicable public agency of all required dedications in connection with same; and(iii)written notification by City to Owner that the Project is complete. 2.8.5. Termination of the Agreement as provided under this Agreement, including but not limited to Section 7.4 herein, shall not constitute termination of any other Project Approvals. Upon the termination of this Agreement,no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. Upon such termination, any Development Impact Fees paid by Owner to City on which construction has not yet begun shall be refunded to Owner by City. City Council 18 — 42 10/7/2025 2.9. Notices. 2.9.1. As used in this Agreement, "notice"includes,but is not limited to,the communication of notice,request, demand, approval, statement,report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 2.9.2. All notices shall be in writing and shall be considered given either: (i)when delivered in person to the recipient named below; or(ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows: If to City: City Clerk 20 Civic Center Plaza, 8t"Floor PO Box 1988 M-30 Santa Ana, Ca 82702 Copies to: City Manager City Attorney Executive Director of Planning and Building Agency If to Owner: Justin McCusker C.J. Segerstrom and Sons 3315 Fairview Road Costa Mesa, CA 92626 McCuskerJ@southcoastplaza.com Copies to: Spencer Kallick Allen, Matkins, Leck, Gamble, Mallory, &Natsis, LLP 1901 Avenue of the Stars Suite 1800 Los Angeles, CA 90067 skallick@allenmatkins.com 2.9.3. Either party may, by written notice given at any time,require subsequent notices to be given to another person or entity,whether a party or an officer or representative of a party, or to a different address, or both.Notices given before actual receipt of notice of change shall not be invalidated by the change. City Council 18 — 43 10/7/2025 3. DEVELOPMENT OF THE PROPERTY. 3.1. Rights to Develop. Subject to the terms of this Agreement, including the Reservation of Rights in Section 3.3 below, Owner shall have a vested right to develop the Property in accordance with, and to the extent of, this Agreement, and the Project Approvals, and the Development Plan for the duration of the Term. Owner may proceed with demolition permits prior to pulling building permits provided Owner has provided proof of financing for that portion of the Project that demolition permits are being sought for. From the commencement of demolition until issuance of the Certificate of Occupancy, Owner shall ensure that the Property is secured and that all construction walls are maintained in a good condition and repair with no graffiti. 3.1.1. Except as expressly provided otherwise herein,the Project shall remain subject to all Existing Land Use Regulations and Project Approvals for the Term. Except as otherwise provided in this Agreement, and notwithstanding the authority of the City to further revise the Land Use Regulations pursuant to Government Code Section 65866,the permitted uses of the Property,the density and intensity of use,the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations and Project Approvals. 3.1.2. In accordance with Government Code Section 66452.6(a), any subdivision map approved which relates to all or a portion of the Property shall be extended for the greater of(1) the Term of this Agreement or(ii) expiration of the tentative map pursuant to Section 66452.6. 3.1.3. Owner shall comply with all mitigation measures required to be undertaken pursuant to any document prepared in compliance with the California Environmental Quality Act with respect to the Project. 3.1.4. Notwithstanding Section 3.1.1 above, Owner acknowledges and agrees that the Project requires additional Project Approvals (the Future Project Approvals identified in Section 1.1.17). These Future Project Approvals shall be consistent with the Existing Project Approvals and this Agreement as to the permitted uses of the Property, the density and intensity of use,the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes; however,the Future Project Approvals may include additional conditions that are lawful and appropriate to the type of Project Approval. 3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservation of Rights in Section 3.3 below,the rules, regulations and official policies governing, inter alia,permitted uses and Development of the Property,the density and intensity of use and of the Property,the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property, shall be the Existing Land Use Regulations and Project Approvals. In connection with any subsequent Project Approvals and except as specifically provided otherwise herein, City may exercise its discretion as set forth in Section 3.3.2. 3.2.1. City shall reasonably strive to complete: (a) its initial review of individual development projects within 30 days after the application is deemed complete, City Council 18 — 44 10/7/2025 (b) any second plan review within 15 days after submission, and (c) any third plan review within 10 days after submission. 3.2.2. Notwithstanding the foregoing,the City does not guarantee that the timelines above will be met, and failure to meet these timelines does not constitute a default. 3.2.3. To help ensure expedited review of its development approvals, Owner may elect to pay for City to use a contract planner. City agrees to retain a contract planner to expedite review, if Owner so elects. 3.3. Reservation of Rights. 3.3.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following are not Existing Land Use Regulations,but shall apply to the development of the Property as they are in effect at the time of application for Development Project Review Approvals,provided such regulations and/or fees (as applicable) are not designed in a manner such that they are applicable only,to the Project and/or Property: (a) Processing fees and charges of every kind and nature imposed by City to cover the actual costs to City of processing applications for Project Approvals or for monitoring compliance with any Project Approvals granted or issued. (b) Procedural regulations relating to hearing bodies,petitions, applications, notices, findings,records,hearings,reports,recommendations, appeals and any other matter of procedure,provided that such procedural regulations do not conflict with the Project Approvals. (c) Regulations,policies, and rules governing engineering and construction standards and specifications applicable to public and private improvements, including,without limitation, all uniform codes adopted by the City and any local amendments to those codes adopted by the City, including,without limitation,the City's Building Code,Plumbing Code, Mechanical Code, Electrical Code, and Grading Ordinance. (d) Regulations that are in material conflict with this Agreement but that are reasonably necessary to protect the residents of the Project or the immediate community from a condition perilous to their health or safety. To the maximum extent possible, any such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided under this Agreement. (e) Regulations that are not in material conflict with this Agreement or the Development Plan. For avoidance of doubt, any regulation,whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to materially conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (f) Regulations that are in material conflict with the Development Plan; provided Owner has given written consent to the application of such regulations to Development of the Property. City Council 18 — 45 10/7/2025 (g) Regulations that impose, levy, alter or amend fees, or charges relating to consumers or end users,including,without limitation,trash can placement, service charges and limitations on vehicle parking. (h) Regulations of other public agencies, including Development Impact Fees adopted or imposed by such other public agencies, although collected by City. 3.3.2. Subsequent Project Approvals. This Agreement shall not prevent City from exercising its rights under Government Code Section 65866 when acting on subsequent Project Approvals provided that such City actions do not materially conflict with this Agreement, the Development Plan,the Existing Land Use Regulations, and/or the Project Approvals. 3.3.3. Modification or Suspension by State or Federal Law. In the event that State, County or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations;provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.3.4. Intent. The parties acknowledge and agree that City is restricted in its authority to limit certain aspects of its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to City all of its police power that cannot be or are not expressly so limited. This Agreement shall be construed, contrary to its stated terms if necessary,to reserve to City all such power and authority that cannot be or is not by this Agreement's express terms so restricted. 3.4. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of City may possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies. 3.5. Timing of Development. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal. 3d 465 (1984),that the failure of the parties in that case to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties' agreement, it is the specific intent of the parties to provide for the timing of the Project in this Agreement. To do so,the parties acknowledge and provide that Owner shall have the right,but not the obligation,to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment, except for the following: 3.5.1. No building permits for residential units shall be issued in excess of 360 residential units unless and until Owner obtains building permits for at least 50,000 square feet of commercial development. Owner may construct commercial square footage beyond 50,000 square feet if and when such additional commercial development is supported by market conditions, as determined by Owner in its sole discretion. Owner understands that commercial development is a priority to the City and agrees to exercise its discretion in good faith. City Council 18 — 46 10/7/2025 3.6. Moratoria. Except as specifically set forth in this section, City agrees that to the extent permitted by law,no moratorium or other similar limitation(whether relating to the rate,timing, or sequencing of the development of the Project or any part thereof and whether or not enacted by local initiative or otherwise) affecting subdivision maps, grading or building permits, occupancy certificates, or other entitlements approved, issued, or granted within the City, after the Effective Date of this Agreement, shall apply to the Project. Owner acknowledges and agrees that the provisions hereof shall not preclude the application to the Project of a moratorium or other similar limitation(of the type described in the preceding sentence) enacted in order to protect an imminent threat to the public health or safety. 3.7. Development Agreement/Project Approvals. In the event of any inconsistency between any Existing Land Use Regulation and a Project Approval,the provisions of the Project Approval shall control. In the event of any inconsistency between any Existing Land Use Regulation or Project Approval and this Agreement,the provisions of this Agreement shall control. 4. PUBLIC AND COMMUNITY SAFETY BENEFITS. 4.1. Public Benefits. The Project is expected to bring significant fiscal benefits to the City. The Project will also serve to implement the City's General Plan vision for the Property,which has long been designated as a District Center where intense mixed-use development is encouraged. In addition, Owner has committed by this Agreement to contribute the public and community safety benefits, as provided below. 4.2. Community Benefits. 4.2.1. Project Community Benefit Package. The Project will provide significant economic benefit to the City through additional jobs created by the construction and operation of the Project,property and sales tax revenue to the City, infrastructure improvements, neighborhood revitalization, and general economic benefit. In addition, Owner has agreed to provide the City with a Nine Million Three Hundred Thousand dollar($9,300,000)payment ("Community Benefit Payment"),which Community Benefit Payment shall be allocated at the City's sole discretion. The Community Benefit Payment shall be paid to City by Owner pursuant to the following schedule: (1) Two Million Five Hundred Thousand dollars ($2,500,000)prior to or concurrent with the issuance of the first demolition permit in furtherance of the Project's first Specific Plan Phase ("Community Benefit Payment No. 1"); (2) Three Million Six Hundred Thousand dollars ($3,600,000) concurrent with the issuance of the first building permit in furtherance of the Project's second Specific Plan Phase("Community Benefit Payment No. 2"); (3) One Million Three Hundred Thousand dollars ($1,300,000) concurrent with the issuance of the first building permit in furtherance of the Project's third Specific Plan Phase("Community Benefit Payment No. 3"); and(4) One Million Nine Hundred Thousand dollars ($1,900,000) concurrent with the issuance of the first building permit in furtherance of the Project's fourth Specific Plan Phase ("Community Benefit Payment No. 4"). If the City has not received Community Benefit Payment No. 2 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the first Specific Plan Phase,then Community Benefit Payment No. 2 shall accrue simple interest at a rate of five percent(5%)per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 3 on or before the date that is 36 months and one day from the issuance of the Certificate of Occupancy for the second Specific Plan Phase, then Community Benefit No. 3 shall accrue simple interest at a rate of five percent(5%)per annum until such time as it is paid to the City. If the City has not received Community Benefit Payment No. 4 on or before the date that is 36 City Council 18 — 47 10/7/2025 months and one date from the issuance of the Certificate of Occupancy for the third Specific Plan Phase,then Community Benefit No. 4 shall accrue simple interest at a rate of five percent (5%)per annum until such time as it is paid to the City. Developer may commence construction of the Specific Plan Phases in any order.Notwithstanding the Specific Plan Phase order, Community Benefit Payment No. 1 shall be paid prior to or concurrent with the issuance of the first demolition permit in furtherance of any Specific Plan Phase. 4.2.2. Project Open Space. In accordance with the Specific Plan, Owner shall construct, own, and maintain the Project Open Space. (a) Owner shall design the Project Open Space to promote biodiversity, extend thermal comfort, and to promote biophilic design,health, and wellness. (b) Owner shall provide a total minimum of two (2)free on-site events per year for the general public(e.g., concerts or farmers markets) including programming on sustainability and wellness, subject to Force Majeure events, as follows: a minimum of two (2) free events per year shall be provided commencing one year after the completion of Specific Plan Phase One asset forth in section 6.3.10 of the Specific Plan. Owner's obligation under this Section shall terminate after 25 years after the commencement of the first free on-site event or upon termination of this Agreement whichever occurs later. (c) Owner shall record one or more open space easements against the Property for the benefit of the City concurrent with the recordation of the subdivision maps that implement a given Project Phase or Development phase, as contemplated by the Project Approvals. (d) City shall provide Owner a credit against its park and open space fee obligations (e.g.,Park Acquisition and Development Fee) for the hard and soft cost of all land, improvements, construction, operation, and maintenance associated with the Project Open Space. In the event the Project Open Space is less than 7.5 acres, Owner must satisfy any required park and recreation fees or other obligations (including those specified in Chapter 35,Article IV of the Santa Ana Municipal Code) for the amount of the acreage shortfall as calculated by the City. 4.2.3. Construction Standards. (a) Leadership in Energy and Environmental Design(LEED). The Project shall be constructed to a minimum LEED Silver standard, as established by the U.S. Green Building Council. (b) Water Conservation. The Project shall include high-efficiency irrigation, native drought-tolerant plantings, low-flow plumbing fixtures, and Energy Star equipment and appliances. (c) Electric Vehicle ("EV")Parking. No less than 5%of all structured parking stalls in the Project shall be equipped with EV chargers. No less than 10%of all parking stalls located within the parking structures shall be EV ready with sufficient electrical infrastructure to enable the future installation of EV conduit and chargers. City Council 18 — 48 10/7/2025 (d) Signage Program. Owner shall implement a signage program to promote mass transit,provide ride-share infrastructure&bike/e-mobility facilities. (e) Electrical Appliances: All individual residential units within the Project shall utilize electric or induction stoves, ovens, and clothing dryers. This obligation shall not apply to commercial, common area, or other non-residential uses. (f) Photovoltaic Panels: The Project shall incorporate photovoltaic panels on all residential components of the Project 5. HOUSING OPPORTUNITY ORDINANCE COMPLIANCE. 5.1. Owner Exemption. During the Term of this Agreement, as such Term may be extended, Consistent with Santa Ana Municipal Code Section 41-1903(a), Owner is exempt from Santa Ana Municipal Code Article XVIII.I inclusionary housing requirements (i.e.,the Affordable Housing and Opportunity Ordinance)because Owner is entering into this Agreement. In lieu of compliance with Article XVIII.I, Owner commits to the In-Lieu Fee as set forth in Section 5.1.1, below,which may be paid at the time of building permit issuance for each market rate residential unit contemplated by a given building permit or in the aggregate, at Owner's sole discretion. In- Lieu fees paid in excess of the requirements for a particular building permit may be accrued and used by Owner to satisfy future in lieu fee requirements. Upon expiration or termination of this Agreement, Owner shall be subject to Santa Ana Municipal Code Article XV111.1 for any unit that has not received a Certificate of Occupancy. 5.1.1. In-Lieu Fee. Owner shall make an in-lieu fee payment at the time of building permit issuance for each market rate residential unit contemplated by the building permit equal to five dollars ($5.00)per habitable square foot of each market rate residential unit. 6. REVIEW FOR COMPLIANCE. 6.1. Periodic Review. 6.1.1. The City shall review this Agreement annually, on or before DATE , and annually thereafter until the expiration of this Agreement,in order to ascertain the compliance by Owner with the terms of this Agreement("Annual Review"). Owner shall timely submit an Annual Monitoring Report, in a form acceptable to the City Manager on or before the first anniversary of the Effective Date and annually thereafter until the expiration of this Agreement. If the Annual Review is not submitted within thirty(30) days after written notice from the City Manager,then Owner shall be in breach of this Agreement. The failure of the City to conduct the Annual Review shall not constitute a default by Owner. The Annual Monitoring Report shall be accompanied by an "Annual Review and Administration Fee" sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the Annual Review and Administration Fee" shall be set annually by resolution of the City Council. 6.1.2. The Annual Review shall include a progress report on the status of the implementation of the Project and the new tax revenue generated by the Project,including,but not limited to,the following: City Council 18 — 49 10/7/2025 (a) Development and construction progress of the following uses and Project components: (i) Site development (ii) Public infrastructure, (iii) Project design features, (iv) Community benefits, (v) Plaza, (vi) Residential, (vii) Commercial, (viii) Office (ix) Parking (x) Philanthropic activities (education, culture, arts) (b) Reporting for items listed in Section 6.1.2(a) shall be include a table substantially similar to the following: An example of a compliance report for site development and can be applied to other above criteria and metrics. Reporting Period: 2026—1 st Report Year 1 of 20 of Agreement Use Approved Total Cumulative Remaining to Status&Look Ahead SF/Units/Rooms Completed In Total Be Period Completed Completed Residential 1,583 100 200 1,383 On target with 300 to be completed in the next period Commercial 380,000 150,000 150,000 230,000 150k completed for Tenant X. New 20-Year lease. Retail 80,000 50,000 50,000 30,000 Negotiating with Tenant Y for a Office 300,000 100,000 100,000 200,000 15 year lease. (c) Progress relative to economic projections of. (i) Increases in property tax, (ii) Property Tax In-Lieu of VLF received by the City, (iii) Sales tax received from the Project, (iv) Business tax received from the Project, City Council 18 — 50 10/7/2025 (v) Utility User Tax received from the Project, (d) Reporting for items listed in Section 6.1.2(c) shall be include a table, prepared by Owner with City's cooperation, substantially similar to the following: Reporting Period: 2026— Year 1 of 20 of Agreement Revenue Total for Period Cumulative to Percentage Status&Look Ahead date increase over 2018 Base Year Property Tax Property Tax In-Lieu of VLF Sales Tax Business Tax Franchise Tax UUT 6.2. Special Review. The City Council may order a special review of compliance with this Agreement at any time commencing one year following the issuance of the Project's first building permit,but not more than once during any 12-month period. The City Manager, or his or her designee, shall conduct such special reviews. 6.3. Review Procedure. 6.3.1. During either an Annual Review or a special review, Owner shall be required to demonstrate good-faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on Owner. 6.3.2. Upon completion of an Annual Review or a special review,the City Manager, or the City Manager's designee, shall submit a receive and file report to the Planning Commission if he or she finds that Owner is in good-faith compliance with the terms of this Agreement. If the City Manager, or the City Manager's designee,finds on the basis of reasonable evidence that Owner is not in good-faith compliance with the terms of this Agreement, he or she shall set the matter for hearing before the Planning Commission and shall submit a report setting forth said evidence concerning compliance by Owner with the terms of this Agreement and his or her recommended finding on that issue. 6.3.3. If the Planning Commission finds on the basis of substantial evidence that Owner is in good-faith compliance with the terms of this Agreement, it shall confirm same and formally conclude the review by resolution. If the Planning Commission finds and determines on City Council 18 — 51 10/7/2025 the basis of substantial evidence that Owner has not complied in good faith with the terms and conditions of this Agreement: (a) The Planning Commission shall provide written notice to Owner of such findings setting forth the nature of the problem and the actions, if any, required of Owner to cure such problem. (b) If the problem can be cured and Owner fails to take such actions and cure such problem within sixty(60) days after of the effective date of the Planning Commission's notice or, in the event that such problem cannot be cured within such sixty(60) day period but can be cured within a longer time,has failed to commence the actions necessary to cure such problem within such sixty(60) day period and to diligently proceed to complete such actions and cure such problem, then the Planning Commission may recommend to the City Council modification or termination of this Agreement. (c) Owner may appeal a Planning Commission determination pursuant to this Section 6.3.3 pursuant to City's rules for consideration of appeals in zoning matters then in effect. If a Planning Commission determination is appealed, any cure ordered by the Planning Commission shall be tolled until a decision is reached by the City Council on the appeal. Notice of default as provided under Section 7 of this Agreement shall be given to such Owner prior to or concurrent with proceedings under Section 6.4 and Section 6.5. 6.4. Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, City determines to proceed with modification or termination of this Agreement, City shall give written notice to Owner of its intention so to do. The notice shall be given at least ten(10) calendar days prior to the scheduled hearing and shall contain: 6.4.1. The time and place of the hearing; 6.4.2. A statement as to whether or not City proposes to terminate or to modify this Agreement; and, 6.4.3. Such other information that the City considers necessary to inform Owner of the nature of the proceeding. 6.5. Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, Owner shall be given an opportunity to be heard. Owner shall be required to demonstrate good-faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on Owner. If the City Council finds,based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement or,in lieu of termination and with the consent of Owner,modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final. 6.6. Certificate of Agreement Compliance. 6.6.1. If, at the conclusion of a Periodic or Special Review, Owner is found to be in compliance with this Agreement, City shall,upon request by Owner, issue a Certificate of Agreement Compliance ("Certificate")to Owner stating that after the most recent Periodic or Special Review and based upon the information known or made known to the City Manager and City Council 18 — 52 10/7/2025 City Council that: (1)this Agreement remains in effect;and(2)Owner is not in default.The Certificate shall be in recordable form,shall contain information necessary to communicate constructive record notice of the finding of compliance,shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. Owner may record the Certificate with the County Recorder. 6.6.2. Whether or not the Certificate is relied upon by assignees or other transferees or Owner,City shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review,but was concealed from or otherwise not known to the City Manager or City Council. 6.7. Conditions of Discretionary Approvals. The requirements imposed as conditions of any discretionary approval received through the City's existing regulatory process shall be governed by the terms of those approvals,and in no event shall such conditions be affected by the termination,cancellation, rescission, revocation,or default or expiration of this Development Agreement (although such conditions must comply with the Applicable Rules). 7. DEFAULT AND REMEDIES. 7.1. Remedies in General. It is acknowledged by the parties that City and Owner would not have entered into this Agreement if either party were to be liable in damages arising out of a breach or default under this Agreement and,therefore,each of the parties hereto hereby acknowledge and agree that the sole remedies that either party hereto may pursue and enforce against the other arising out of a default or breach under this Agreement by the other party(and the expiration of all applicable notice and cure periods)shall be an action for specific performance or a termination of this Agreement by such non-defaulting parry's obligations under this Agreement(subject to the terms and provisions of Section 6.3.3),and each party hereto expressly waives any other remedy they might otherwise be entitled to pursue,at law or in equity, against the other,and each party hereto expressly waives any right to sue the other for damages or claim any damages. 7.2. Release. 7.2.1. Except for specific performance,Owner,for itself,its successors and assignees, hereby releases City, its officers,agents and employees,from any and all claims,demands, actions,or suits of any kind or nature arising out of any liability,known or unknown,present or future,because it entered into this Agreement or because of the terms of this Agreement.Owner hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542,which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT,IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.." By initialing below,Owner hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. -�6=4t City Council 18 — 53 10/7/2025 Owner's Initials 7.2.2. Except for specific performance, City, for itself, its successors and assignees, hereby releases Owner, its officers, agents and employees, from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability,known or unknown, present or future,because it entered into this Agreement or because of the terms of this Agreement. City hereby acknowledges that it has read and is familiar with the provisions of California Civil Code Section 1542, which is set forth below: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.." By initialing below, City hereby waives the provisions of Section 1542 in connection with the matters that are the subject of the foregoing waivers and releases. City's Initials 7.3. Termination or Modification of Agreement for Default of an Owner. City may terminate or modify this Agreement for any failure of Owner to perform any material duty or obligation of Owner under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided,however, City may terminate or modify this Agreement pursuant to this Section 7.3 only after providing written notice to Owner of default setting forth the nature of the default and the actions,if any,required by Owner to cure such default and,where the default can be cured Owner has failed to take such actions and cure such default within sixty(60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty(60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty(60) day period and to diligently proceed to complete such actions and cure such default. 7.3.1. No Cross Default. Parties agree and acknowledges that,notwithstanding anything stated to the contrary in this Agreement: (a)the failure of SCP to comply with or satisfy any of SCP's obligations under this Agreement shall not limit or impair a transferee's rights and benefits under this Agreement with respect to its Assigned Rights (as they apply to the Project Phase owned by such transferee)under Section 2.5.1 of this Agreement and (b)the failure of any transferee to satisfy such transferee's Assumed Obligations as provided for under Section 2.5.1 of this Agreement shall not, as to the Project Phase to which those Assumed Obligations apply, limit or impair any of the Assigned Rights of any other transferee as to the Project Phase owned by such other transferee. 7.4. Voluntary Termination of Agreement by SCP. In the event SCP determines, in its sole discretion,prior to issuance of the first demolition permit implementing the first Specific Plan Phase,that it no longer wishes to proceed with the Project pursuant to the terms of this Agreement, SCP may terminate this Agreement by providing the City with 30 days written notice.Notwithstanding this or other provisions herein, SCP's indemnity and defense obligations shall survive such termination for the later of twelve (12)months or expiration of the statute of City Council 18 — 54 10/7/2025 limitations on any and all potential causes of action against the City as set forth in Section 8 of this Agreement. 7.5. Notice and Cure Rights.Notwithstanding anything stated to the contrary in this Agreement, City shall have no right to terminate any of the rights of any Owner under this Agreement unless such Owner has failed to cure any default under this Agreement giving rise to any such termination right within the cure periods expressly provided for above in this Section 7. 8. LITIGATION 8.1. Third-Party Litigation Concerning_Agreement. Owner shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless City, its agents, officers and employees from any claim, action or proceeding against City, its agents, officers, or employees to attack, set aside,void, or annul the approval of this Agreement, any document prepared for the Project in compliance with the California Environmental Quality Act, or the approval of any pen-nit or entitlement granted pursuant to this Agreement for the Project. City shall promptly notify Owner of any claim, action,proceeding or determination included within this Section 8.1 no later than fourteen(14)business days and City's receipt of service of process and City shall cooperate in the defense. If City fails to promptly notify Owner of any such claim, action,proceeding or determination as required by this Section, or if City fails to cooperate in the defense, Owner shall not thereafter be responsible to defend, indemnify, or hold harmless City as to that claim, action, proceeding, or determination. City may in its discretion participate in the defense. 8.2. Environmental Assurances. Owner shall indemnify and hold City,its officers, agents, and employees free and harmless from any liability,based or asserted,upon any act or omission of Owner, its officers, agents, employees, subcontractors,predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on,under or about the Property,including,but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. City may in its discretion participate in the defense. 8.3. Reservation of Rights. With respect to Section 8.1 and Section 8.2 herein, City reserves, the right to either(1) approve the attorney(s) that the indemnifying party selects,hires or otherwise engages to defend the indemnified party hereunder,which approval shall not be unreasonably withheld, conditioned, or delayed; or(2)conduct its own defense;provided, however,that the indemnifying party shall reimburse the indemnified party forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees,upon billing and accounting therefor. 8.4. Challenge to Existing Land Use Approvals. By accepting the benefits of this Agreement, Owner, on behalf of itself and its successors in interest,hereby expressly agrees and covenants not to sue or otherwise challenge any land use approval affecting the Property and in effect as of the Effective Date. Such agreement and covenant includes,without limitation,the covenant against any direct suit by Owner or its successor in interest, or any participation, encouragement or involvement whatsoever that is adverse to City by Owner or its successor in interest, other than as part of required response to lawful orders of a court or other body of competent jurisdiction. Owner hereby expressly waives, on behalf of itself and its successors in interest, any claim or challenge to any land use approval affecting the Property and in effect as of the Effective Date. City Council 18 — 55 10/7/2025 8.5. Survival. The provisions of Sections 8.1 and 8.2 shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. 9.1. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. In furtherance of the foregoing, and notwithstanding anything stated to the contrary in this Agreement, any Mortgagee of the Property shall be entitled to the following rights and privileges: 9.1.1. Default under Agreement Does Not Impair Lien of any Mortgage. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. 9.1.2. Request for Notices of Default by Mortgagee. The Mortgagee of any mortgage or deed of trust encumbering the Property or any part thereof,which Mortgagee,has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from City of any default by the applicable Owner in the performance of such Owner's obligations under this Agreement. 9.1.3. If City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right,but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 9.1.4. Lender Protection Provisions. (a) Notices to Mortgagees; Moro4mwe's Right to Cure. (i) Notices to Mortgagees. City shall send to each Mortgagee which has provided City written notice of its name and address, in the manner provided by Section 9.1 above,a true,correct and complete copy of any written notice sent to Owner of a default by Owner under this Agreement at the same time as and whenever any such notice of default shall be given by City to Owner, addressed to such Mortgagee at the address last furnished to City by such Mortgagee. Owner irrevocably directs that City accept, and City agrees to accept, performance and compliance by any such Mortgagee of and with any term, covenant, agreement, provision, condition or limitation on Owner's,part to be kept,observed or performed hereunder with the same force and effect as though kept, observed or performed by Owner provided that such performance and/or compliance is made in accordance with the provisions of Section 10.1.4 below. City Council 18 — 56 10/7/2025 (ii) Mortgagee's Right to Cure. Notwithstanding anything stated to the contrary in this Agreement, this Agreement shall not be terminated as to any Project Phase because of a default or breach hereunder on the part of Owner until and unless- (1) written notice of any such default or breach has been delivered to Mortgagee in accordance with the provisions of Section 9.1.4(a)(1) above, (2) with respect to a default or breach that is curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within thirty (30) days following the expiration of any of Owner's notice and cure periods set forth herein, and (3) with respect to a default or breach that is not curable solely by the payment of money, Mortgagee, Owner have failed to cure such default or breach within ninety (90) days following the expiration of any of Owner's notice and cure periods set forth herein or, if such default or breach is curable but cannot be cured within such time period, (i) Mortgagee has failed to notify City within such ninety (90) day time period that Mortgagee intends to cure such default or breach, (ii) Mortgagee fails to commence to cure such default or breach within such ninety (90) day period,or (iii) Mortgagee fails to diligently prosecute such cure to completion. It is expressly understood and agreed that no Mortgagee shall have any obligation hereunder to cure or complete any cure of any breach or default by Owner hereunder. (b) Perinitted Transfers to Mortgagee. (i) Notwithstanding anything stated to the contrary in this Agreement,the following transfers shall be permitted and shall not require the approval or consent of City: (1) A transfer of the Property (and the concurrent transfer of the Owner's rights under this Agreement with respect to the Project Phase provided the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase), at a foreclosure sale under a Mortgage,whether pursuant to the power of sale contained therein or a judicial foreclosure decree, or by an assignment in lieu of foreclosure, or (2) Any subsequent transfer by a Mortgagee (or its nominee or designee if the Mortgagee, or such nominee or designee, is the purchaser at such foreclosure sale or under such assignment in lieu of foreclosure) with respect to the Property, and the concurrent transfer of the Owner's rights under this Agreement with respect to the Project Phase that is transferred, provided that the conditions in Section 2.5.1 hereof have been complied with as to such Project Phase. (ii) Any transferee arising from any transfer permitted above shall be liable to perform the obligations of Owner, as applicable, under this Agreement only so long as such transferee holds title to the Property, provided that upon any such conveyance of title, such transferee's transferee expressly assumes and agrees to perform all of the obligations of this Agreement first arising after the date of such conveyance to the extent applicable to the Project Phase. (iii) Following the transfer, if any, described in Section 9.1.4(b)(i) above,all non-curable defaults existing under this Agreement prior to such transfer shall be deemed waived without further notice or action of any party. City Council 18 — 57 10/7/2025 (c) Rights of Mezzanine Lender. Any lender that makes a loan to Owner or to any entity holding an interest in Owner, direct or indirect,that is secured by a pledge of equity interests in Owner, direct or indirect, shall be entitled to all of the rights and remedies under this Section 9.1.4 that are afforded to a Mortgagee under this Agreement, (i)provided that Owner shall have provided to City written notice setting forth the name and address of any such lender, and(ii) except that such rights and remedies shall be subject and subordinate to the rights of any Mortgagee,and shall not impair any of the rights and remedies afforded any Mortgagee,hereunder. 9.1.5. Obligations of Mortgagee Under Agreement. Any Mortgagee who comes into possession of the Property, or any part thereof,pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property_as applicable, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary,no Mortgagee shall have an obligation or duty under this Agreement to perform any of an Owner's obligations or other affirmative covenants of an Owner hereunder, or to guarantee such performance;provided,however, that to the extent that any covenant to be performed by an Owner is a condition precedent to the performance of a covenant by City,the performance thereof shall continue to be a condition precedent to City's performance hereunder, and further provided that any sale,transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.5 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1. Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Orange County Recorder by the Clerk of the City Council against the Property within ten(10) days following Owner's receipt of the fully-executed,recordable Agreement from the City. if the parties to this Agreement or their successors in interest amend or cancel this Agreement, or if the City terminates or modifies this Agreement as provided herein for failure of the Owner to comply in good faith with the terms and conditions of this Agreement, the City Clerk shall cause notice of such action recorded with the Orange County Recorder, and in connection with any termination of this Agreement, in such form or by such recordable instrument,that will allow a reputable title company to remove the Agreement as an exception to title of the Property (a"Termination Release"). 10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations,understandings or ancillary covenants,undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations,understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3. Severability. If any term,provision, covenant or condition of this Agreement shall be determined invalid,void or unenforceable,the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.Notwithstanding the foregoing,the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the Development Impact Fees set forth therein, are essential elements of this Agreement and City would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid,void or unenforceable,this entire Agreement shall be null and void and of no force and effect whatsoever. City Council 18 — 58 10/7/2025 10.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California,with venue in Orange County. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6. Singular and Plural. As used herein, the singular of any word includes the plural. 10.7. Joint and Several Obli atg ions. If at any time during the Term of this Agreement the Property is owned, in whole or in part,by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing,no owner of a single lot that has been finally subdivided and sold to such owner as a member of the general public shall have any obligation under this Agreement except as expressly provided for herein. 10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.9. Waiver.Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10. Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns, and no other person shall have any right of action based upon any provision of this Agreement. 10.11. Force Majeure.Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by: (1) strikes, lockouts or labor disputes; (2) inability to obtain labor or materials or reasonable substitutes therefor (including as a result of freight embargos); (3)inclement weather which delays or precludes construction; (4) acts of God, including but not limited to earthquakes, or the public enemy or civil commotion; (5) condemnation, (6) fire or other casualty; (7) shortage of fuel, electricity or natural gas; (8) action or nonaction of public utilities or of local, state or federal governments, affecting the work,including,but not limited to, any delays in the permitting process as a result of the action or inaction of such governmental authorities including government shutdown for a period of time of one (1)week or more; (9) criminal acts or acts of terrorism; or(10)pandemic or government imposed quarantine(11) other conditions similar to those enumerated above which are beyond the reasonable anticipation or control of such Party, or other causes beyond the Party's reasonable control.If any such events shall occur,the term of this Agreement and the time for performance shall be extended for the duration of each such event,provided that the Term of this Agreement shall not be extended pursuant to this section for more than five(5)years. 10.12. Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. City Council 18 — 59 10/7/2025 10.13. Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a)is for the benefit of and is a burden upon every portion of the Property; (b)runs with the Property and each portion thereof, and(c)is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14. Counterparts. This Agreement maybe executed by the parties in counterparts,which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15. Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the parties hereto waive all provisions of law providing for the filing,removal or change of venue to any other court. 10.16. Project as a Private Undertaking.It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development,that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Owner is that of a government entity regulating the development of private property and the owner of such property. 10.17. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18. Eminent Domain.No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 10.19. Agent for Service of Process. In the event any Owner is not a resident of the State of California or it is an association,partnership or joint venture without a member,partner or joint venturer resident of the State of California, or it is a foreign corporation,then in any such event, Owner shall file with the City Manager,upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name,residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible,then in such event Owner may be personally served with such process and such service shall constitute valid service upon Owner. Owner is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. City Council 18 — 60 10/7/2025 10.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or either Party may request either Party to this Agreement to confirm that(1) this Agreement is unmodified and in full force and effect(or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2)to the best of such Party's knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and(3) any other information reasonably requested. Each Party hereby agrees to provide a Certificate to such lender or other Party within thirty(30) days of receipt of the written request therefor. 10.21. Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation,partnership or business entity and warrants and represents that he or she/they has/have the authority to bind Owner to the performance of its obligations hereunder. [Signatures on following pages] City Council 18 — 61 10/7/2025 IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. SCP: South Coast Plaza, a California general partnership By: C.J. Segerstrom& Sons, a California general partnership, its Managing General Partner By: Henry T. Segerstrom Management LLC, a California limited liability company, Manage By: El' betl Segerstrom,Manager By: HTS Management .Aln .,ZCa ornia c ora ' n,Mana r , By: Sr ice President CITY: City OF SANTA ANA, a California municipal corporation By: Valerie Amezcua Mayor Dated: ATTEST: By: Jennifer L. Hall City Clerk Dated: APPROVED AS TO LEGAL FORM: By: Sonia R.Carvalho City Council 18 — 62 10/7/2025 City Attorney Dated: City Council 18 — 63 10/7/2025 City Council 18 — 64 10/7/2025 EXHIBIT "A" (Legal Description of the Property) LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL A: PARCELS 1 AND 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS SHOWN ON A MAP MARKED EXHIBIT A,ATTACHED TO LOT LINE ADJUSTMENT NO. LL-81-6, RECORDED JANUARY 2, 1982 AS INSTRUMENT NO 82-0001483 OFFICIAL RECORDS. PARCEL B: PARCEL 2, IN THE CITY OF SANTA ANA, COUNTY OF ©RANGE, STATE OF CALIFORNIA,AS PER MAP FILED IN BOOK 40, PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: PARCEL 2, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP FILED IN BOOK 41, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL D: PARCELS 3 AND 4, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP FILED IN BOOK 41, PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. City Council 18 — 65 10/7/2025 EXHIBIT `B" (Map of the Property) City Council 18 — 66 10/7/2025 EXHIBIT "C" Development Plan and list of Project Approvals Development Plans and entitlement applications as presented in the City Staff Report Dated are incorporated herein by reference. Project Approvals include,but may not be limited to,the following entitlements: 1. The Final Supplemental Environmental Impact Report entitled"Village Santa Ana Specific Plan Final Supplemental Environmental Impact Report" State Clearinghouse House No. XXXXX and City of Santa Ana Development Project No.XXXX-XX("Project FEIR"),which tiers off the GPU FEIR (SCH#2020029087)that was certified by the City on April 19, 2022. 2. The"Village Santa Ana" Specific Plan, dated April 2025, adopted by the City Council on DATE,by way of Ord. No. XX-XXXX. 3. The Vesting Tentative Tract Map, dated XXXX, adopted by Resolution No. XXXX. 4. The Zoning Map Amendment, adopted by the City Council on Date,by way of Ord.No. XX- XXXX. City Council 18 — 67 10/7/2025 Figure 3-6a depicts the existing right-of-way configuration including a class III bike lane. Figure 3-6b lays out the proposed condition at full buildout of this Specific Plan. Improvements include a new class IV bikeway, landscape buffers, and continuation of the sidewalk. Plaza Drive Plaza Drive is a local street that provides north-south access.The right-of-way bisects the Village.The southern end of Plaza Drive terminates at Sunflower Avenue, where it becomes an entryway to South Coast Plaza. Plaza Drive has an existing curb-to-curb width of 64 feet with four travel lanes,as shown on Figure 3-7a.With the development of the Village, Plaza Drive is planned to have an expanded curb-to-curb width of 80 feet. The proposed cross-section maintains four lanes of traffic and adds a loading zone in the expanded right-of-way. New curb- adjacent landscape buffers are also proposed. Figure 3-7b provides the proposed cross-sections and enhancements for Plaza Drive. r Bear Street Bear Street runs north-south, providing access to the western part of the Village and offering direct access to SR-73. In addition,the City has designated Bear Street a Secondary Arterial.The Village is along the east side of the roadway,which is under the jurisdiction of the City ■ of Santa Ana.The western side falls within the boundary of the City of Costa Mesa. The right-of-way from the Village property line is 50 feet to the City limit, as depicted on Figure 3-8a. Bear Street will maintain the same _` curb-to-curb width,travel lanes, and left-turn pockets when the -'g-4 Village is built. However,the Village will upgrade bicycle facilities -°°$ as shown on Figure — _ 3-8b. Page 4C-JtYQN0ge Santa Ana Specific Plan - Octob402tO 10/7/2025 Figure 3-8a: Bear Street Existing Cross-Sectionco co Q n _- >>- 3 4 Z J 0 a I � o U I I r LEA <--Olt 1. _ I 16, 15' 11' 4' VARIES 13' E.STREETSCAPE TURN LANE LANE � LANE LANE STRIPED DIVIDERS Figure 3-8b: Bear Street Proposed Cross-Section I � I I ~ J J } H I U I I QI < �I I a 2 I wI I Q O F MIN. 15' 50, I I I I I I I .,' 5' 3' 6' 4' 11' 11' MEDIAN LANE / LANE PLANTING BUFFER MIN.SIDEWALK CLASS IV BIKE LANE MIN.PLANTING/STREET LIGHTS Source:LLG,RIOS City Council 18C-1@gter Three: Deve1opme1rQ/7t?+Q?,Page 49 Figure 3-13: Proposed Loading Zones ---------------------- - - ----- ] 1 — North Connector ----i- I � Cam,J I 4114 000000 C-), Central Connector- in 0400404400440044 ' O West Connector— 1 II , / II 1I i I � II r 1 44 II •i III II � I IJ+44 II v I II II I _ _______ — e Sunflower Avenue II o Source:LLG, Gensler Note:Conceptual site plan for illustrative purposes,subject to change through the Development Project Plan Approval process. LEGEND — Commercial Loading Open Space Passenger Loading ---- Site Boundary ® Commercial/Passenger Loading Page 5,CJtYQN0ge Santa Ana Specific Plan - OctobWt79 10/7/2025 Figure 3-16: Conceptual Bicycle Network � 1 ------------------ ---------------- —North Connector — I � KV 67* LJ I / 1 � I , Central Connector t! 4 : OOOOOOOOOOOOp000 ,l 1 Y 1 West Connector i l I � I 44 i1 lai4 I I I —————————————— 4 l 1 e —Sunflower Avenue __ �o - ---;— II Source:LLG,Place Works Note:Conceptual site plan for illustrative purposes,subject to change through the Development Project Plan Approval process. LEGEND i Proposed New Class IV Cycle Track OProposed Bicycle Parking Open Space ---- Site Boundary City Council 18Cfi7Jter Three: Deve1opme1rQ/7t?+Q?,Page 59 Table 4-1 Permitted Uses CertificatePermit Type P=Permitted by Right LUC=Land Use - e CUP=Conditional ResidentialPermit Live-work units P Either a stand-alone residential building or in conjunction with commercial Multifamily apartments or P development.Allows for leasing office or condominiums property management office,recreation facilities,and other indoor/outdoor common areas. Home occupations P Pursuant to SAMC Age restricted,independent living. Senior housing P Subject to Section 4.2.4,Senior Housing and Care Facilities. • Adult day care facilities P See SAMC for additional regulations. Alcohol sales(on-site or off-site * Includes wine tasting,cocktail lounges, consumption) P /CUP bars,and similar uses.See Appendix F. Animal grooming and day-boarding P Art galleries,art studio,and P photography studios Brewery/Distillery P*/CUP On-site production and sales.See Appendix F. Childcare facilities P Club/community assembly facilities CUP See SAMC for additional regulations. Congregate care P Subject to Section 4.2.4. Continuum of care P Subject to Section 4.2.4. Convalescent facility P Subject to Section 4.2.4. Experiential museum and science P* centers Gymnasiums,fitness,and health P clubs Includes extended stay,executive suites,and guest suites.Commercial, Hotel CUP* day spa,and food/alcohol service are permitted incidental to the hotel use. Rooftop amenities,including dining are also permitted. Page 7,CJtYl 0-;'e Santa Ana Specific Plan - OctobWt7g 10/7/2025 Signage Program Review and development standards(regulations).The Approval Planning and Building Agency Executive Director or his/her designee shall have the As specified in Chapter 4, Section 4.4, authority to approve minor modifications Signage, of this Plan exterior signs, including to a development application as defined monument signs, commercial signage, and herein through a finding of Substantial residential signs, as well as those for common Conformance. Minor modifications may areas such as parks, plazas, and wayfinding, include: shall comply with the provisions of a detailed Master Sign Program.The Master Sign >> Adjustments to development regulations Program shall be developed at the time of by no more than 10 percent(including the DPR for each phase. Phases are defined parking). by the Conceptual Phasing Plan provided in Adjustments to allowable projections Section 6.3.10, below. and encroachments if consistent with These Master Signage Programs shall be the uniform building code. approved in one of two ways: » Modifications necessary to comply with 1. If submitted Master Signage Program is final Conditions of Approval or mitigation in substantial conformance with the signage measures when adopted under guidelines in Section 4.4, the Master Signage subsequent action. Program shall be reviewed and approved >> Addition of information to the Plan administratively, concurrent with the first (text or map changes)for purposes of DPR for that phase. clarification provided that the additions 2. If a Master Signage Program has elements do not change the intent of the plan or that are not found to be in substantial regulations. conformance with the Plan's signage design >> Adjustments to the alignment, location, guidelines,the Master Signage Program for and sizing of utilities and facilities, or a that phase shall be approved by the Executive change in utility and/or service provider, Director of the Planning and Building Agency. as approved by the Executive Director of the Public Works Agency. Special Event Approval Final adjustments to the Circulation Chapter 4, Development Standards, Table Plan, including roadway alignment, bike 4-1, Permitted Uses, and Section 4.2.2, lane classifications, sizing,traffic control Special Events and Temporary Uses contain techniques, and access locations, as information that regulate special events for approved by the Executive Director of the Village. the Public Works Agency. >> Minor changes to the architectural or 6.3.4 Minor Modifications landscape design guidelines. (Substantial Conformance) Adjustments to the Vesting Tentative The Plan includes a minor modification Tract Map(VTTM)so long as the final process to grant minor relief from Page 1gt�'QPVWge Santa Ana Specific Plan - OctoMr-2755 10/7/2025 A Fiscal Impact Analysis has been prepared Compliance with the federal Migratory Bird to analyze implementation of the Village as Treaty Act and California Fish and Game part of the approval process for the Plan.The Code Section 3503 study, prepared by Kosmont, is attached can be found in Appendix C, Market, Fiscal, and If construction occurs during the nesting Economic Analysis. bird season,the Developer will perform clearance surveys to maintain compliance with the federal Migratory Bird Treaty Act 6.3.12 Financing and Funding of 1918 (MBTA)and the California Fish and Public and private financing mechanisms are Game Code Section 3503 prior to any ground expected to fund the buildout of the project disturbance or vegetation removal activities. over time. 6.3.16 Installation of Traffic 6.3.23 Affordable Housing Signals on Bear Street Applications for residences in Village As shown in Chapter 3, Figure 3-5,the Village will comply with the Affordable Housing proposes two traffic signals and related Opportunity and Creation Ordinance, NS- crosswalks along Bear Street: one at the 3019, per the Development Agreement. intersection of Bear Street and Wakeham Place and the second at the intersection 6.3.14 Fiscal Impact Study of Bear Street and the Village's Central Connector Road. As required in the General Plan, a Fiscal Impact Study has been conducted to assess 6.3.16.a. Timing. The improvements the net fiscal impacts associated with the described in Section 6.3.16 shall be Village.The results of the study are included completed within 24 months of the effective in Appendix C. date of the Specific Plan's approving ordinance. 6.3.25 Other Agency Coordination 6.3.16.b. Minor Modifications. In accordance with Table 6-1 Review Authority Airport Land Use Commission and Federal and Section 6.3.4 Minor Modifications Aviation Administration (Substantial Conformance),the Executive The Developer will coordinate with the City Director of the Public Works Agency is and Airport Land Use Commission and enabled to modify the timing of installation Federal Aviation Administration (FAA), as and completion of the traffic signal at Bear well as other applicable regulatory agencies Street and the Village's Central Connector regarding approval and implementation of Road to account for adjustments to this Plan. the Circulation Plan, including roadway alignment, sizing,traffic control techniques, and access locations. Page 1fdt�15P40ge Santa Ana Specific Plan - Octol@r-274S 10/7/2025 Parks, Recreation, and Community Services Agency www.santa-ana.org/parks Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 Topic: Naming of Park at Southwest Corner of Intersection of Bristol and Tolliver Streets AGENDA TITLE Approve the Naming of Park Located at the Southwest Corner of the Intersection of Bristol and Tolliver Streets (712 S. Bristol Street) (Continued from the Regular City Council meeting of September 16, 2025) RECOMMENDED ACTION Affirm the Planning Commission's adoption of a resolution approving Public Facilities No. 2025-01 naming the park located at the southwest corner of Bristol Street and Tolliver Street (712 S. Bristol Street) as "Nuestro Park." GOVERNMENT CODE §84308 APPLIES: No DISCUSSION Parks, Recreation, and Community Services Agency (PRCSA) staff solicited suggestions from the community by crowdsourcing park naming ideas via City social media. The new 1.25-acre park, located at the southwest corner of Bristol Street and Tolliver Street, will feature drought-tolerant landscaping, pedestrian pathways, recreation spaces, and a basketball court. It will be the first City park to have a stormwater reuse treatment system for irrigation. The following criteria for naming City infrastructure or facilities, as listed in the Santa Ana Municipal Code (SAMC Section 33-6(c)), was used as the benchmark for submittals. (1) A name which serves to identify the location of the subject by reference to distinct geographic, environmental or development features in the immediate area. (2) A name which references the history of the subject site or its immediate area. (3) A name which identifies a person or family which made an extraordinary donation of land or funds to promote the construction or improvement of the subject public facility. (4) A name which recognizes a person or family who made a distinct, significant contribution to the well-being of the city, including past mayors, council members, board or commission members, officers or employees of the city, but not anyone who currently holds any such position. Staff reviewed over 500 votes and suggestions for the park. The park names listed below were recommended based on alignment with the SAMC criteria noted above. City Council 19 — 1 10/7/2025 Naming of Park at Intersection of Bristol and Tolliver Streets October 7, 2025 Page 2 • Nuestro Park • Central City Park (identifies the geographic location) On July 24, 2025, the recommendations were presented to the Parks, Recreation, and Community Services Commission. "Nuestro Park" was approved by a vote of 8-0 as a recommendation for Planning Commission determination. On August 25, 2025, the Planning Commission approved "Nuestro Park" by a vote of 7- 0 with additional discussion by the Planning Commission to alternatively consider naming the future park site Nuestro Parque. Per Section 33-8(a) of the SAMC: "Following the decision of the planning commission under section 33-6, the director of planning and development services shall prepare a report for the commission's action, summarizing the public input, if any, and the reasons for the commission's decision. Such report shall be submitted to the city council at its first regular meeting occurring at least ten (10) days after the commission's action. The city council may affirm the commission's decision, remand the matter back to the planning commission for further consideration, or make its own decision on the matter." ENVIRONMENTAL IMPACT Under the California Environmental Quality Act and the CEQA Guidelines, the recommended action is exempt from further review per Section 15061 (b)(3). This general rule exemption is allowed provided it can be determined with certainty that the proposed project will not have a significant effect on the environment. As the project consists of naming of a public facility, the general rule exemption is applicable. A Notice of Exemption, Environmental Review No. 2025-79, will be filed for this project. FISCAL IMPACT These is no fiscal impact associated with this action. EXHIBIT 1. Resolution adopting PFN No. 2025-01 Submitted By: Hawk Scott, Executive Director of Parks, Recreation, and Community Services Agency Approved By: Alvaro Nunez, City Manager City Council 19 — 2 10/7/2025 RESOLUTION NO. 2025-25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING PUBLIC FACILITIES NAMING NO. 2025-01 NAMING THE PARK LOCATED AT 712 SOUTH BRISTOL STREET AS NUESTRO PARK BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City of Santa Ana is requesting approval of City-initiated Public Facilities Naming (PFN) No. 2025-01 to name the park located at 712 S. Bristol Street as "Nuestro Park"; B. Pursuant to sections 33-5 through 33-8 of the Santa Ana Municipal Code (SAMC), all requests for naming or renaming of public streets, public buildings, parks or recreational facilities owned or controlled by the City, shall be referred to the Planning Commission for determination, subject to confirmation by the City Council. Further, the policy guidelines in the SAMC pertaining to the naming of such facilities specify the criteria that shall be used in such determination; C. On July 24, 2025, the Parks, Recreation and Community Services Commission held a meeting regarding PFN No. 2025-01 and, after receiving information on the item, voted 8-0 to recommend that the Planning Commission adopt a resolution approving "Nuestro Park" as the name of the park located at 712 S. Bristol Street; D. On August 25, 2025, the Planning Commission held a meeting and discussed PFN No. 2025-01; E. Based on the established guidelines, the Planning Commission determined that the name of"Nuestro Park" satisfies the criteria of SAMC Section 33-6(c)(1) of the SAMC, which directs the promotion of names which references the history of the subject site or its immediate area. Section 2. The Planning Commission finds and determines that this Resolution is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2) and 15060(c)(3) of the State CEQA Guidelines because the naming of a public facility (a park) will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will have a significant effect on the Resolution No. 2025-25 City Council 19 — 3 10/7/ of 3 environment and is not a "project," as defined in section 15378 of the State CEQA Guidelines. Furthermore, the Resolution falls within the "common sense" CEQA exemption set forth in CEQA Guidelines section 15061(b)(3), excluding projects where "it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment." Section 3. The Planning Commission of the City of Santa Ana hereby approves Public Facility Naming No. 2025-01 to name the park located at 712 S. Bristol Street as "Nuestro Park." This decision is based upon the evidence submitted at the above- referenced meeting, which includes, but is not limited to: the Request for Planning Commission Action dated August 25, 2025, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 251" day of August 2025, by the following vote: AYES: Commissioners: Carl Benninger, Manuel J. Escamilla, Christopher Leo, Bao Pham, Jennifer Oliva, Isuri S. Ramos, Alan Woo (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Isuri S. R os Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B : ' Y 4 Melissa M. Crosthwaite Sr. Assistant City Attorney Resolution No. 2025-25 City Council 19 — 4 10/7/ of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, GEMA ZAPIEN, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2025-25 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on August 25, 2025. Date: 08/25/2025 bvM-0- Gema Zapien Acting Recording Secretary City of Santa Ana Resolution No. 2025-25 City Council 19 — 5 10/7/ of 3 Police Department www.santa-ana.org/pd Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Rotational Towing and Storage Services AGENDA TITLE Third Amendments for Rotational Towing and Storage Services for the Police Department (Continued from the Regular City Council meeting of September 16, 2025) RECOMMENDED ACTION Authorize the City Manager to execute the third amendment to the agreements with the following rotational towing service contractors and amend the scope of services to allow for the option and ability to store and release vehicles and/or contents in an area close to, but outside of, the corporate City limits (Agreement Nos. A-2025-XXX): • Standard Enterprises, Inc., dba To' N' Mo'; • B&D Towing, Inc.; and • MetroPro Road Services, Inc. GOVERNMENT CODE 484308 APPLIES: Yes DISCUSSION The Santa Ana Police Department routinely encounters the need to have vehicles towed or stored for a variety of reasons and depends upon private sector partners skilled in the area of towing operations to accomplish this objective. The City currently contracts with four (4) tow companies to provide necessary towing services on a rotational basis. Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, owner's request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services, and administrative oversight of vehicles in the custody of the contractor. On August 17, 2021, the City Council approved agreements with four (4) tow companies to provide towing and storage services upon selection from a Request for Proposal (RFP) process. The original agreements covered an initial three-year term through August 31, 2024. On May 1, 2023, the first amendment to the agreement was executed City Council 20 - 1 10/7/2025 Rotational Towing and Storage Services October 7, 2025 Page 2 to allow for a two percent increase of the towing rate as authorized under the agreement. On August 6, 2024, the City Council approved the second amendment to these agreements to correct the term and allow for two (2) additional one (1) year period options as intended in the RFP but excluded in the original agreement. The Santa Ana Police Department has exercised both one-year extension options through August 31, 2026. One of the contractors requested an amendment in the scope of services to allow for the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area close to, but outside of the corporate City limits. The Santa Ana Police Department has evaluated the request and is in support of allowing this amendment for all four contractors. However, one contractor has determined this change in scope is not necessary for their operations and as such, the amendment is not necessary for this specific contractor. The third amendments to the agreements revise Section 1.5, Storage Facility and Vehicle Storage Requirement, to allow the contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Third Amendment with Standard Enterprises, Inc., dba To' N' Mo' 2. Third Amendment with B&D Towing, Inc. 3. Third Amendment with MetroPro Road Services, Inc. Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nunez, City Manager City Council 20 — 2 10/7/2025 EXHIBIT 1 THIRD AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS THIRD AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between Standard Enterprises, Inc., a California corporation, doing business as To' and Mo' Towing ("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. On August 17, 2021, the parties entered into Agreement No. A-2021-157 ("Agreement"), by which Contractor agreed to provide towing and storage services. B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 157-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A- 2024-113)to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in-effect. D. Per the terms of Section 3 of the Agreement, the parties exercised their second and final optional extension to extend the term of the Agreement through August 31, 2026. The Agreement is current and in-effect. E. Under the terms of the Scope of Services to the Agreement, Section L5., Storage Facility and Vehicle Storage Requirement, all vehicles towed by the City shall be stored within the corporate City limits and the vehicle or any of its contents shall be made available for release within the corporate City limits. F. The parties now wish to amend the Scope of Services section in the Agreement to allow the Contractor the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area outside of the corporate City limits. No other changes, including towing rates and overall compensation of the Agreement, as amended, are contemplated by this Third Amendment. The Parties therefore agree: 1. Section 1, Scope of Services, Exhibit A is amended to revise Section L5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits. Pagel of 2 City Council 20 — 3 10/7/2025 2. Except as modified by this Third Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM TO' N MO' SONIA R. CARVALHO City Attorney By: G.ii d•��/ TAMARA BOGOSIAN By: Senior Assistant City Attorney Title: RECOMMENDED FOR APPROVAL ROBERT RODRIGUEZ Chief of Police Page 2 of 2 City Council 20 — 4 10/7/2025 EXHIBIT 2 THIRD AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS THIRD AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between B&D Towing, 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. On August 17, 2021, the parties entered into Agreement No. A-2021-159 ("Agreement"), by which Contractor agreed to provide towing and storage services. B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 159-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A- 2024-115)to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates,pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in-effect. D. Per the terms of Section 3 of the Agreement, the parties exercised their second and final optional extension to extend the term of the Agreement through August 31, 2026. The Agreement is current and in-effect. E. Under the terms of the Scope of Services to the Agreement, Section L5., Storage Facility and Vehicle Storage Requirement, all vehicles towed by the City shall be stored within the corporate City limits and the vehicle or any of its contents shall be made available for release within the corporate City limits. F. The parties now wish to amend the Scope of Services section in the Agreement to allow the Contractor the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area outside of the corporate City limits. No other changes, including towing rates and overall compensation of the Agreement, as amended, are contemplated by this Third Amendment. The Parties therefore agree: 1. Section 1, Scope of Services, Exhibit A is amended to revise Section 1.5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits. 2. Except as modified by this Third Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. Pagel of 2 City Council 20 — 5 10/7/2025 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM B&D TOWING, INC. SONIA R. CARVALHO City Attorney By: — 'I AMAItA 11000SIAN y By: �= cy ' tilc��p s Senior Assistant City Attorney Title: 'Y"c'3t e�-t RECOMMENDED FOR APPROVAL ROBERT RODRIGUEZ Chief of Police Page a 4a City Council 20 — 6 10/7/2025 EXHIBIT 3 THIRD AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS THIRD AMENDMENT to the above-referenced agreement is entered into on October 7, 2025, by and between MetroPro Road Services, 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. On August 17, 2021, the parties entered into Agreement No. A-2021-160 ("Agreement"), by which Contractor agreed to provide towing and storage services. B. On May 1, 2023, the parties entered into a First Amendment to the Agreement (A-2021- 160-01) to allow for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. C. On August 6, 2024, the parties entered into a Second Amendment to the Agreement (A- 2024-116)to extend the term of the Agreement for up to two (2) additional one-year terms and adjust for a two percent (2%) increase of the towing rates, pursuant to Section 2.e. of the Agreement. The parties exercised the first of the two optional extensions to extend the term of the Agreement through August 31, 2025. The Agreement is current and in-effect. D. Per the terms of Section 3 of the Agreement, the parties exercised their second and final optional extension to extend the term of the Agreement through August 31, 2026. The Agreement is current and in-effect. E. Under the terms of the Scope of Services to the Agreement, Section I.5., Storage Facility and Vehicle Storage Requirement, all vehicles towed by the City shall be stored within the corporate City limits and the vehicle or any of its contents shall be made available for release within the corporate City limits. F. The parties now wish to amend the Scope of Services section in the Agreement to allow the Contractor the option and ability to store any towed vehicle and release the vehicle, or any of its contents, in an area outside of the corporate City limits. No other changes, including towing rates and overall compensation of the Agreement, as amended, are contemplated by this Third Amendment. The Parties therefore agree: 1. Section 1, Scope of Services, Exhibit A is amended to revise Section I.5., Storage Facility and Vehicle Storage Requirement, to allow the Contractor to store any towed vehicle and release the vehicle, or any of its contents, in an area no further than three (3) miles from the corporate City limits. 2. Except as modified by this Third Amendment, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. Pagel of 2 City Council 20 — 7 10/7/2025 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA JENNIFER L. HALL ALVARO NUNEZ City Clerk City Manager APPROVED AS TO FORM METROPRO ROAD SERVICES,INC. SONIA R. CARVALHO City Attorney By: W&W '�----� TAMARA BOGOSIAN By LEy NA^� 5 Senior Assistant City Attorney Tit RECOMMENDED FOR APPROVAL ROBERT RODRIGUEZ Chief of Police Page 2 of 2 City Council 20 — 8 10/7/2025 CITY COUNCIL ITEM www.santa-ana.org/cao Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Discuss and Provide Direction on Whether to Pursue Censure of Councilmember Hernandez AGENDA TITLE Consideration of Possible Censure of Councilmember Hernandez RECOMMENDED ACTION There is no staff recommendation. However, based on direction given by the City Council and reported out of closed session, this item is being presented for the Mayor and City Council of the City of Santa Ana, to review and discuss the process for censure arising from allegations made against Councilmember Hernandez. If appropriate, the Mayor and Council may provide further direction. GOVERNMENT CODE &84308 APPLIES: No EXECUTIVE SUMMARY BACKGROUND The City Council received complaints alleging that Councilmember Hernandez defamed, harassed, and retaliated against certain officers of the Santa Ana Police Department. One of the complainants filed a tort claim on August 18, 2025 alleging violations of the City's Charter and other claims. The City Council discussed this matter in closed session based on the complaints and tort claim. At the direction of the Council by a vote of 6-0, with Councilmember Hernandez absent, the Council asked that the issue be put on a Council Meeting agenda for consideration. DISCUSSION A censure is generally understood to be "an official reprimand or condemnation; an authoritative expression of disapproval or blame." (Black's Law Dictionary (10th ed. 2014).) The City Council has authority to censure an individual Council Member. (Braun v. City of Taft (1984) 154 Cal.App.3d 332, 347-348.) A censure is generally adopted by resolution and represents the opinion of a city council or other public body, but does not levy a fine, suspension, or other penalty. While there is no statute directly addressing censure, many local legislative bodies have adopted resolutions condemning inappropriate behavior and violations of policies and laws. A censure is one way of City Council 21 — 1 10/7/2025 Consideration of Possible Censure of Councilmember Hernandez October 7, 2025 Page 2 distancing the public agency from behaviors that interfere with the agency's ability to conduct the public's business and protect its employees. While censure does not remove an elected official from office, it may serve an important purpose by stating to the public that certain behavior is unacceptable to the other council members. It is a form of self-policing for elected officials. An elected official who is subject to possible censure is entitled to due process with notice and an opportunity to be heard. This process must take place in open session as the California Attorney General has issued a written opinion concluding that complaints against elected officials may not be discussed in closed session. (61 Ops. Cal. Atty. Gen. 10 (1978).) Therefore, if the City Council wishes to censure Councilmember Hernandez, the following process is recommended: 1. A censure discussion should be placed on the agenda for a City Council meeting. (This is being done with this agenda report). 2. The Council should outline reasons for the consideration of the censure. The Council should also provide for notice as to when the City Council intends to hear the matter. (This should be done at the Council meeting wherein this agenda report is presented). 3. The City Council should further direct that the Councilmember receive individualized notice by mail. 4. The censure should be scheduled for deliberation in open session, and not in closed session. (61 Ops.Cal.Atty.Gen. 10 (1978).) 5. Councilmember Hernandez should be afforded an opportunity to be heard. However, formal rules of evidence do not apply, including the right to cross examination. (Binkley v. City of Long Beach (1993) 16 Cal.App.4th 1795, 1809.) 6. After deliberation at an open session where Councilmember Hernandez is afforded the opportunity to be heard, if it is the Council's direction to censure, the City Council will need to adopt a resolution containing findings as to why the City Council believes a censure is appropriate. Like resolutions generally, a Resolution of Censure must be adopted by a majority vote of the City Council. Examples for the consideration of a censure could include: 1. Illegal disclosure of closed session information in violation of the Brown Act. 2. Improper use of city email and city communications. City Council 21 — 2 10/7/2025 Consideration of Possible Censure of Councilmember Hernandez October 7, 2025 Page 3 3. Improper interactions with City employees. 4. Breach of fiduciary duty. A censure may also include consequences or restrictions. Examples include, removal from committees, loss of travel budgets, limiting access to staff, etc. The consequences or restrictions should also be related to the inappropriate behaviors. For example, if a councilmember has engaged in behavior that exposes the City to liability from staff, the Council may want to limit access to staff members. If a councilmember's behavior exposes the City to ridicule or demonstrates violations of law or policy, the Council may want to remove the councilmember from commission or regional appointments. If the City Council decides to proceed, it should discuss the reasons for a censure so that the appropriate findings can be prepared and presented within the Resolution of Censure. This process of identifying facts to support findings should be conducted by the City Council and not staff who have a responsibility to serve all elected officials equally. The Council Members may want to appoint an ad hoc committee and/or direct staff to engage special legal counsel to guide the Council and proceed with the censure process, including preparation of the Resolution of Censure, should the Council decide to move in that direction. CONCLUSION The Mayor and City Council, of the City of Santa Ana, California, may discuss: 1) whether to begin the process for adopting a Resolution of Censure concerning alleged misconduct; 2) whether to appoint an ad hoc committee to schedule a hearing for consideration of censure; and/or 3) whether to engage outside legal counsel for this matter. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact to the City for the review and consideration of censure, unless the Council directs engagement of outside legal counsel in which case the costs are estimated to be $20,000 or less. Submitted By: Sonia R. Carvalho, City Attorney Approved By: Alvaro Nunez, City Manager City Council 21 — 3 10/7/2025 CITY OF SANTAANA Council member-Requested Item Report DATE October 7, 2025 (Continued from the Regular City Council meeting of September 16, 2025, Item No. 29) TOPIC SAPD In-Car Video Recording Policy with Automatic Activation for Pursuits and Emergency Responses COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Providing Direction to the City Manager to Develop and Implement a Santa Ana Police Department (SAPD) Policy Requiring the Installation and Use of In-Car Video Recording Systems in all Patrol Vehicles, with Automatic Activation during Vehicular Pursuits, Code-3 Responses, and Other Critical Enforcement Activities, and to Return to the City Council within 90 Days with a Final Policy and Implementation Plan DISCUSSION Background The Santa Ana Police Department (SAPD) currently deploys body-worn cameras (BWCs) for sworn personnel. However, certain incidents, particularly high-speed pursuits or other emergency responses, are not always fully captured by BWCs. In-car video systems (sometimes referred to as dash cams) offer a wider field of view, automatically record vehicle movement and officer actions, and provide critical evidence for both criminal proceedings and administrative investigations. Automatic activation technology, typically triggered by lightbar/siren engagement, ensures that key events are recorded without relying solely on manual activation by officers. Several California law enforcement agencies have adopted similar requirements: • Los Angeles Police Department (LAPD): Requires activation of its Digital In-Car Video System (DICVS) during Code-3 responses and pursuits. • Orange County Sheriff's Department (OCSD): Requires in-car audio/video recording to begin automatically when overhead lights are activated, continuing until the incident concludes. These policies have been shown to enhance transparency, reduce litigation risk, improve officer safety, and strengthen community trust. CITY ATTORNEY CITY MANAGER CITY CLERK ,Sonia R ('.anialhn Alvarn Ni iFi 2 I—nif—I Anil City COUnC1�0 CIVIC CENTER PLAZA-P.O. BOX 1988, M 22SALANA,CALIFORNIA 92702 10/7/2025 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org Analysis Adopting an automatic in-car video activation policy in Santa Ana would align SAPD with best practices and recent legislative trends, including: • California Vehicle Code §17004.7 — Encourages agencies to adopt written pursuit policies with annual training to maintain certain immunities. • Assembly Bill 748 (2018) — Establishes timelines for public release of audio/video related to critical incidents. • Penal Code §832.18 — Requires written policies for BWC use; provides a framework for harmonizing BWC and ICV policies. Proposed Policy Elements: • Scope: All marked SAPD patrol vehicles equipped with ICV systems (and unmarked units where feasible). • Automatic Activation Triggers: Engagement of lightbar or siren; initiation of pursuit mode; optional integration with BWCs for simultaneous activation. • Manual Activation Requirements: Traffic/pedestrian stops, prisoner transports, DUI investigations, or other enforcement events not otherwise automatically triggered. • Prohibited Deactivation: Narrow exceptions for privacy or tactical safety, requiring supervisor notification and documentation. • Retention and Storage: In compliance with Government Code §§34090-34090.6, with extended retention for incidents involving arrest, use of force, or serious injury/death. • Public Records Compliance: Adherence to AB 748 timelines for disclosure, with established redaction protocols to protect privacy and ongoing investigations. • Training and Accountability: Annual POST-aligned training, audit protocols, and disciplinary measures for unjustified failure to record. Funding Implementation would require investment in equipment, installation, secure data storage, system maintenance, and training. Potential funding sources include: • Federal Byrne Justice Assistance Grant (JAG) program • State public safety technology grants • Cost offsets from reduced liability claims and litigation expenses Next Steps If the City Council supports moving forward, the city manager will direct staff to: • Draft the SAPD In-Car Video Recording Policy within 60 days. • Conduct meet-and-confer with the Police Management Association and Police Officers Association regarding policy impacts. • Identify and procure ICV equipment with automatic activation capabilities. • Develop training modules and implementation schedules. • Return to the City Council within 90 days with the final policy, fiscal analysis, and implementation timeline. Conclusion By adopting a policy requiring automatic activation of in-car video systems during pursuits, Code-3 responses, and other critical enforcement activities, the City of Santa Ana will join other leading California jurisdictions in leveraging proven technology to CITY ATTORNEY CITY MANAGER CITY CLERK Snnia R (anialhn Alvarn Ni iFi 2 2 Iannifar I Hall City COUnC1�0 CIVIC CENTER PLAZA-P.O. BOX 1988, M 22SA2 AANA,CALIFORNIA 92702 10/7/2025 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org enhance transparency, strengthen community trust, and protect both officers and the public. This policy will ensure key incidents are consistently documented, improve the quality of evidence, reduce liability, and align SAPD operations with state best practices and legal standards. SUBMITTED BY Councilmember Jessie Lopez EXHIBIT(S) None CITY ATTORNEY CITY MANAGER CITY CLERK Snnia R ('anialhn Dlvarn Mini— 3 _Iannifar I Hall City COunci�0 CIVIC CENTER PLAZA-P.O. BOX 1988, M 22 SANTA ANA,CALIFORNIA 92702 10/7/2025 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org CITY OF SANTA ANA y ioc Councilmember Requested Item Report DATE October 7, 2025 TOPIC RESOLUTION IN SUPPORT of Proposition 50 — The Election Rigging Response Act COUNCILMEMBER REQUESTED ITEM TITLE Discuss and Consider directing the City Manager to direct city staff to prepare a resolution in SUPPORT of California's Proposition 50, also known as the 'Election Rigging Response Act'. (Submitted by Councilmember David Penaloza) DISCUSSION Proposition 50, known as the Election Rigging Response Act, will appear on the November 4, 2025, special election ballot. This measure is not just another policy question, it is a direct response to the dangerous trend of partisan manipulation of congressional districts, most recently seen in the state of Texas, where maps were redrawn mid-decade to tilt the balance of power. If left unchecked, these practices threaten the very foundation of our democracy and representative government. Proposition 50 ensures that California does not follow that path. It establishes clear and temporary rules that protect our residents by requiring the district maps passed by the Legislature in August 2025 to remain in place through 2030. This provides stability and prevents political gamesmanship in the middle of a decade. After the 2030 census, the state's independent Citizens Redistricting Commission will once again take up its crucial responsibility, drawing district boundaries in a fair, open, and nonpartisan process that prioritizes our state's residents, not politicians. But Proposition 50 is bigger than California alone. By supporting this measure, we send a powerful message to the nation: California will always stand on the side of democracy, transparency, and integrity. We will not allow partisanship to erode trust in elections or to silence communities by rigging the system. This is about protecting the principle that voters should choose their representatives, not the other way around. For the City of Santa Ana, endorsing Proposition 50 means standing proudly with our residents in defense of their voice and their vote. It means affirming that our city values honesty and accountability in government. And it means recognizing that if we fail to act, the very fabric of our democracy - fair elections - is at risk. Supporting Proposition 50 is not optional; it is essential. Our democracy is only as strong as our willingness to defend it. By taking this stand, Santa Ana shows not just Orange County, not just California, but the entire country that we will not tolerate election rigging and we will fight for fairness at every level of government. SUBMITTED BY Councilmember David Penaloza EXHIBIT(S) Exhibit 1 — California Proposition 50 Resolution in SUPPORT CITY ATTORNEY CITY MANAGER CITY CLERK IT_. Alvalu 11011 [lu ty ouncil 23 — 1 10/7/2025 20 CIVIC CENTER PLAZA-P.O. BOX 1988, M31 -SANTA ANA,CALIFORNIA 92702 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org EXHIBIT 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, IN SUPPORT OF PROPOSITION 50—THE ELECTION RIGGING RESPONSE ACT WHEREAS, the City of Santa Ana is committed to protecting the integrity of elections and ensuring that voters have confidence in a fair and transparent democratic process; and WHEREAS, recent partisan mid-decade redistricting actions in other states, including Texas, have demonstrated the threat of political manipulation of congressional district boundaries outside of the normal decennial census process; and WHEREAS, Proposition 50, the Election Rigging Response Act, will appear on the November 4, 2025, statewide special election ballot, and is designed to safeguard California from similar election-rigging practices; and WHEREAS, Proposition 50 requires that the congressional maps enacted by the Legislature in August 2025 remain in effect through 2030, ensuring stability and preventing partisan tampering until the next census cycle; and WHEREAS, following the 2030 census, California's independent Citizens Redistricting Commission will resume its vital role in drawing congressional districts through an open, nonpartisan, and transparent process; and WHEREAS, the passage of Proposition 50 will send a clear message that California stands firmly against partisan manipulation of district maps and affirms our state's longstanding support for independent redistricting commissions as a national model of fair democracy; and WHEREAS, the City of Santa Ana has a responsibility to defend the principles of representative government and to stand with its residents in ensuring that voters, not politicians, determine the outcomes of elections; NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: 1. The City Council hereby expresses its strong support for Proposition 50, the Election Rigging Response Act. 2. The City Council urges the voters of Santa Ana, and of California, to support Proposition 50 on November 4, 2025, as a vital measure to protect democracy, transparency, and fairness in elections. 3. The City Council directs the City Clerk to transmit copies of this Resolution to the Governor of California, the President pro Tempore of the Senate, the Speaker of the Assembly, the Orange County Board of Supervisors and other appropriate officials to affirm Santa Ana's commitment to fair representation. PASSED,APPROVED AND ADOPTED this 21 st day of October, 2025. City Council 23 — 2 10/7/2025 CITY OF SANTAANA Council member-Requested Item Report DATE October 7, 2025 TOPIC Algorithmic Price Fixing COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Providing Direction to the City Manager and City Attorney to direct staff to prepare an ordinance prohibiting the use of algorithmic pricing tools DISCUSSION The increasing use of algorithmic pricing software by landlords has raised concerns about its impact on rental affordability and market competition. Third-party services like RealPage offer rent-setting recommendations based on proprietary and publicly available data, effectively allowing landlords to coordinate pricing strategies. This practice has been linked to significant rent increases, reduced housing affordability, and increased tenant displacement. How Algorithmic Price Fixing Works Landlords share private rental data with third-party software providers like RealPage, which use algorithms to estimate supply and demand, then recommend rental pricing strategies. These recommendations maximize revenue not just for individual landlords but for all landlords using the software in a given market. This adversely affects housing for the following reasons: • Drives up rents by enabling collusion-like behavior without direct communication among landlords. • Contributes to double-digit rent increases in some metropolitan areas. • Increases tenant displacement—some RealPage clients reported a 15% rise in turnover rates after adopting the software's recommendations. • Reduces renter mobility and affordability, limiting access to housing. Legal and Policy Considerations The use of algorithmic rent-setting has faced legal challenges and regulatory scrutiny: • Ongoing Litigation: o The District of Columbia Attorney General sued RealPage and major landlords in 2023. o The Arizona Attorney General filed a similar lawsuit in 2024. o More than 20 federal antitrust lawsuits have been consolidated in Tennessee, with the Department of Justice supporting plaintiffs. CITY ATTORNEY CITY MANAGER CITY CLERK ,Sonia R ('anialhn Alvarn Ni iFi 2 I—nif—I Anil City COUnC1�0 CIVIC CENTER PLAZA-P.O. BOX 1988, M 24SAI)AANA, CALIFORNIA 92702 10/7/2025 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org • Legislative Action: o Senator Ron Wyden introduced the Preventing the Algorithmic Facilitation of Rental Housing Cartels Act in 2024 to ban algorithmic rent-setting nationwide. o San Francisco: In July 2024, San Francisco enacted a first-in-the-nation ban on the sale or use of algorithmic devices to set rents or manage occupancy levels for residential properties. o San Diego: The San Diego City Council President has proposed a similar ban. o Santa Monica: In March 2025 the Santa Monica City Council will consider a proposal to ban the use of algorithmic rental price-fixing software in Santa Monica and which includes enforceable penalties for noncompliance. o Other cities have adopted bans. RECOMMENDATION I recommend that the City Council direct the City Manager and City Attorney to direct staff to draft an ordinance that: 1. Prohibits the Use of Algorithmic Pricing Tools: Makes it unlawful for landlords within Santa Ana to utilize algorithmic devices or software that recommend rental rates or occupancy levels for residential properties. 2. Bans the Provision of Such Tools: Prohibits any entity from selling, licensing, or providing algorithmic pricing software to landlords operating residential properties within Santa Ana. 3. Defines Key Terms: Clearly defines "algorithmic device" as any software or tool that uses algorithms to process data, including nonpublic competitor data, to advise on rental pricing or occupancy strategies. 4. Establishes Enforcement Mechanisms: Empowers the City to enforce these provisions through appropriate penalties and remedies for violations. Implementing this ordinance aims to promote fair rental practices, prevent potential anti- competitive behaviors, and ensure housing affordability for Santa Ana residents. By addressing the use of algorithmic pricing tools, the City seeks to maintain a competitive and transparent rental market. By considering such an ordinance, Santa Ana would join other forward-thinking California cities in safeguarding renters from potential exploitative practices associated with algorithmic pricing tools. This action aligns with the City's commitment to ensuring fair and affordable housing for all residents, alongside a competitive and transparent rental market. SUBMITTED BY Councilmember Jessie Lopez EXHIBIT(S) 1. City of San Francisco Ordinance 2. Sample Ordinance (for discussion only) CITY ATTORNEY CITY MANAGER CITY CLERK ,Sonia R ('.anialhn Alvarn Ni iFi 2 2 1—nif—I Hall City COunciL CIVIC CENTER PLAZA-P.O. BOX 1988, M 24 SANTA ANA,CALIFORNIA 92702 10/7/2025 TELEPHONE(714)647-6900-FAX(714)647-6954-www.santa-ana.org AMENDED IN COMMITTEE 7/29/2024 FILE NO. 240766 ORDINANCE NO. 224-24 1 [Administrative Code - Ban on Automated Rent-Setting] 2 3 Ordinance amending the Administrative Code to prohibit the sale or use of algorithmic 4 devices to set rents or manage occupancy levels for residential dwelling units located 5 in San Francisco. 6 NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Romano on . 7 Deletions to Codes are in ti i t i-em,h k. i s TJm, slew p m n f H* Board amendment additions are in double-underlined Arial font. 8 Board amendment deletions are in GtFikethmugh AFial font. 9 Asterisks (* *) indicate the omission of unchanged Code subsections or parts of tables. 10 11 Be it ordained by the People of the City and County of San Francisco: 12 13 Section 1. Background and Findings. 14 (a) In recent years, a number of new revenue management software programs, 15 often referred to as "algorithmic devices," have threatened to destabilize rental housing 16 markets in cities nationwide, including San Francisco. 17 (b) These programs enable landlords to indirectly coordinate with one another 18 through the sharing of non-public competitively sensitive data, in order to artificially inflate 19 rents and vacancy rates for rental housing. Participating landlords provide vast amounts of 20 proprietary data to the programs, which *R tUFR do not iust summarize statistical data, but also 21 perform calculations with the data to then set or provide recommendations for rent and 22 occupancy levels. 23 (c) More and more landlords in large U.S. cities now pool their data and pricing 24 decisions using such software. By some estimates, this includes owners of as much as 70% 25 of all rental housing in San Francisco. Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 1 City Council 24 — 3 10/7/2025 1 (d) The software has contributed to double-digit rent increases, higher vacancy 2 rates, and higher rates of eviction, and has generally distorted markets so that rents and 3 vacancy rates have increased in tandem. 4 (e) Often used by large corporate landlords, the software fuels the consolidation of 5 corporate and private equity ownership of rental housing, at the expense of landlords large 6 and small who are willing to play by the normal rules. Landlords using these tools are not 7 engaging in appropriate market behavior. And the companies developing and selling these g tools to San Francisco landlords are not doing so either, and are contributing to these g problems. 10 (f) Numerous antitrust lawsuits have been filed against certain of these companies, 11 including RealPage, Inc. and Yardi Systems, Inc. The lawsuits allege that these companies 12 are enabling and participating in a scheme of unlawful rent-fixing. These include a lawsuit 13 filed by the District of Columbia Attorney General in November 2023, a lawsuit filed by the 14 Arizona Attorney General in February 2024, and more than 20 federal private class action 15 lawsuits filed nationwide that have been consolidated in the federal court in the Middle District 16 of Tennessee. The United States Department of Justice recently filed a Statement of Interest 17 in support of the efforts to regulate these companies. 18 (g) Instead of waiting for court processes which may take years to resolve, this 19 ordinance prohibits the sale or use of algorithmic devices for the purpose of setting rents on 20 residential dwelling units in San Francisco, to bring immediate relief to San Francisco tenants, 21 as well as to put landlords who have been using these devices on equal footing with those 22 who are willing to adhere to fair standards for setting rental rates. 23 (h) This ordinance is not intended to prevent the development or sale of software to 24 help landlords manage their units generally or through the use of public data. Nor does this 25 ordinance regulate the amount of rent that a landlord may charge. This ordinance takes aim Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 2 City Council 24 — 4 10/7/2025 1 only at the use of#algorithmic devices that analyze and share non-public data, to prevent 2 the harms described above. 3 4 Section 2. Chapter 37 of the Administrative Code is hereby amended by adding 5 Section 37.10C, to read as follows: 6 SEC. 37.10C. USE AND SALE OFALGORITHMIC DEVICES PROHIBITED. 7 (a) Prohibition on Sale. It shall be unlawful to sell, license, or otherwise provide to San 8 Francisco landlords any algorithmic device that sets, recommends, or advises on rents or occupancy g levels that may be achieved for residential dwelling units in.San Francisco. 10 (b) Prohibition on Use. It shall be unlawful for a landlord to use an algorithmic device 11 described in subdivision (a) when setting rents or occupancy levels for residential dwelling units in San 12 Francisco. Each separate month that a violation exists or continues, and each separate residential 13 dwelling unit for which the landlord used the algorithmic device, shall constitute a separate and 14 distinct violation. 15 (c) Definitions. 16 (1) "Algorithmic device"means a device SUGh-as a commonly known as 17 revenue management software pr9g;a4:n,that uses one or more algorithms to perform calculations 18 of non-public competitor data concerning local or statewide rents or occupancy levels, for the purpose 19 of advising a landlord on whether to leave }hhe4-a unit vacant or on the amount of rent that the 20 landlord may obtain for that unitfrom a tenant "Algorithmic device" includes a product that 21 incorporates an algorithmic device, but does not include (A) any report that publishesd by a ade 22 ;a66s tiG_A that rcGerve6re-rn't but 23 does not recommend rents or occupancy levels for future leases: or (B) a product used for the 24 purpose of establishing rent or income limits in accordance with the affordable housing program 25 guidelines of a local government, the state, the federal government, or other political subdivision. Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 3 City Council 24 — 5 10/7/2025 1 (2) "Non public competitor data"means information that is not available to the 2 general public, including information about actual rent prices, occupancy rates, lease start and end 3 dates, and similar data, regardless whether the information is attributable to a specific competitor or 4 anonymized, and regardless whether it is derived from or otherwise provided by another erson that 5 competes in the same market or a related market. 6 (d) Remedies. 7 (1) The City Attorney may file a civil action for violations of subsections (a) and/or (b), $ for dama eg s, injunctive relief, restitution/return of illegal profits, and/or civil penalties of p to $1,000 g per violation. The court shall award reasonable attorney's fees and costs to the City Attorney if the 10 City Attorneyis s the prevailing party in such a civil action. 11 (2) A tenant may file a civil action for violations of subsection (b),for injunctive relief 12 money damages, and/or civil penalties of'upto $1,000 per violation. The court shall award reasonable 13 attorney's fees and costs to the tenant if the tenant is the prevailing party in such a civil action. A lease 14 provision that limits a prevailing tenant from obtaining attorneys'fees shall not be enforceable a ainst 15 a tenant's claim for attorneys'fees that arises under this subsection (d)(2). 16 (e) Undertaking for the General Welfare. In enacting and implementing this Section 37.1OC, 17 the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it 18 imposing on its o ficers and employees, an obli ag tion for breach of which it is liable in money damages 19 to any person who claims that such breach proximately caused injury. 20 (Q Severability. If any subsection, sentence, clause,phrase, or word of this Section 37.1OC, 21 or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a 22 decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining 23 portions or applications of the Section. The Board of Supervisors hereby declares that it would have 24 passed this Section and each and every subsection, sentence, clause,phrase, and word not declared 25 Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 4 City Council 24 — 6 10/7/2025 1 invalid or unconstitutional without regard to whether any other portion of this Section or application 2 thereof would be subsequently declared invalid or unconstitutional. 3 4 Section 3. Effective Date. This ordinance shall become effective 30 days after 5 enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the 6 ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board 7 of Supervisors overrides the Mayor's veto of the ordinance. 8 9 APPROVED AS TO FORM: 10 DAVID CHILI, City Attorney 11 By: /s/ MANUPRADHAN 12 Deputy City Attorney 13 n:\leg ana\as2024\2400283\01775704.d oex 14 15 16 17 18 19 20 21 22 23 24 25 Supervisors Peskin; Chan, Preston, Melgar, Ronen, Dorsey BOARD OF SUPERVISORS Page 5 City Council 24 — 7 10/7/2025 City and County of San Francisco City Hall 3 I Dr.Carlton B.Goodlett Place ra"I Tads San Francisco,CA 94102-4689 Ordinance File Number: 240766 Date Passed: September 03, 2024 Ordinance amending the Administrative Code to prohibit the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units located in San Francisco. July 29, 2024 Land Use and Transportation Committee-AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE July 29, 2024 Land Use and Transportation Committee-DUPLICATED AS AMENDED July 29, 2024 Land Use and Transportation Committee- RECOMMENDED AS AMENDED AS A COMMITTEE REPORT July 30, 2024 Board of Supervisors- PASSED ON FIRST READING Ayes: 10-Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai and Stefani Excused: 1 -Walton September 03, 2024 Board of Supervisors-FINALLY PASSED Ayes: 11 -Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Pres n, Ronen, Safai, Stefani and Walton File No.240766 1 hereby certify that the foregoing Ordinance was FINALLY PASSED on 9/3/2024 by the Board of Supervisors of the City and County of San Francisco. Angela Calvillo Clerk of the Board London N. Breed Date Approved Mayor City and County of San Francisco Page I Printed at 9:42 am on 914124 City Council 24 — 8 10/7/2025 SEC. 1. SHORT TITLE. This act may be cited as the "Preventing Algorithmic Rent Fixing in the Rental Housing Market Act." SEC. 2. UNLAWFUL CONDUCT. (a) In General.— (1) CONSPIRACY IN RESTRAINT OF TRADE.—It is unlawful for any real estate lessor, in or affecting commerce, or any agent or subcontractor thereof, to subscribe to, contract with, or otherwise exchange anything of value in return for the services of a service provider. (2) FACILITATION OF CONSPIRACY IN RESTRAINT OF TRADE.—It is unlawful for any service provider, in or affecting commerce, to facilitate an agreement to not compete among real estate lessors with respect to residential dwelling units. SEC. 3. DEFINITIONS. (a) In general— In this Act: (1) COORDINATING.—The terms "coordinate"or"coordinating"mean, with respect to a service provider— (A) collecting of historical or contemporaneous prices, price changes, supply levels, occupancy rates, or lease or rental contract termination and renewal dates of residential dwelling units from two or more real estate lessors or from public databases; (B) analyzing or processing of the information described in subparagraph (A) using a system, software, or process that uses computation; and (C) recommending rental prices, lease terms, or occupancy levels to a real estate lessor. (2) PERSON.—The term "person"means any natural person, corporation, partnership, limited liability company, firm, or association.' (3) the term predispute arbitration agreement'means an agreement to arbitrate a dispute that has not yet arisen at the time of the making of the agreement; and (4) the term `predispute joint-action waiver'means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement, and (5) SERVICE PROVIDER.—The term "service provider"means any person that performs a coordination function, as defined in Section 3(a)(1) of this Act, for any real estate lessor or rentor. (6) RESIDENTIAL DWELLING UNIT.—The term "residential dwelling unit" (A) means any house, apartment, accessory unit, or other unit intended to be used as a person's primary residence; and (B) does not include inpatient medical care, licensed long-term care, and detention or correctional facilities. City Council 24 — 9 10/7/2025 (7) REAL ESTATE LESSOR.—The term "real estate lessor"means any individual, corporation, partnership, association,joint-stock company, trust, or unincorporated organization that owns real property and leases such property or any portion thereof in the form of a residential dwelling unit. SEC. 4. ENFORCEMENT. (a) Enforcement.— (1) IN GENERAL.— (A) PUBLIC ENFORCEMENT.—The Attorney General or any city, county, or district attorney may bring a civil action, as parens patriae on behalf of natural persons residing in the state, in the superior court of any county which has jurisdiction of a defendant, to secure monetary relief as provided in this section for injury sustained by those natural persons to their property by reason of any violation of this chapter. (B) PRIVATE RIGHT OF ACTION. Any person who is injured by reason of anything forbidden or declared unlawful by this chapter, may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy. (2) UNFAIR METHODS OF COMPETITION.—A violation of this Act shall also constitute an unfair method of competition. (3) AWARD AMOUNT.— (A) TREBLE DAMAGES.—The court shall award to the plaintiff threefold the damages sustained by the plaintiff. (B) INTEREST ON DAMAGES.—Pursuant to a motion by the plaintiff promptly made, the court may award simple interest on actual damages sustained by the plaintiff for the period beginning on the date of service of the pleading of the plaintiff setting forth a claim under this Act and ending on the date of judgment, or for any shorter period therein. (4) INVALIDITY OF PRE-DISPUTE ARBITRATION AGREEMENTS AND JOINT-ACTION WAIVERS.—At the election of the person alleging conduct constituting a violation of this section, or the named representative of a class or in a collective action alleging such conduct, no pre- dispute arbitration agreement or pre-dispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State or Local law and relates to a violation of this section. (5) ATTORNEYS FEES AND COSTS.--In the case of any successful action to enforce liability pursuant to this Act, the costs of the action together with reasonable attorney fees as determined by the court shall be awarded to plaintiffs. Costs and attorney fees shall be awarded to the attorney general or a city, county, or district attorney in all actions where the attorney general or the city, county, or district attorney successfully enforces this article. SEC. 5. SEVERABILITY. If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any person or circumstance shall not be affected thereby. City Council 24 — 10 10/7/2025 Community Development Agency . ,. www.santa-ana.org/cd � Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Permanent Supportive Housing Inspections Work Study Session AGENDA TITLE Permanent Supportive Housing Inspections Work Study Session RECOMMENDED ACTION Discuss and provide direction to staff. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION At its regular meeting on May 6, 2025, the City Council discussed the need to increase oversight and monitoring of City-supported Permanent Supportive Housing (PSH) communities. This discussion was prompted by a significant drug investigation and enforcement action conducted by the Police Department at a local PSH community in February 2025. In response, the City Council directed staff to return with background information and police call-for-service data related to existing PSH communities. Additionally, recognizing that PSH communities serve a uniquely vulnerable population, including formerly homeless individuals and families with disabilities and addiction issues, staff was asked to provide potential options for enhancing the City's role in monitoring and oversight to ensure a well-managed and safe living environment for all residents. Overview of Permanent Supportive Housing in Santa Ana Over the last ten years, the City Council has approved funding and entitlements for 488 permanent supportive housing units across 11 developments. PSH communities serve a uniquely vulnerable population, including formerly homeless individuals and families with disabilities. PSH units are a critical component of the City's strategy to address homelessness, reduce public health risks, and stabilize households. These communities provide long-term housing stability and supportive services to individuals with the greatest barriers to independence. Residents in PSH units receive services and support to help improve their mental health and stability. The following lists affordable housing projects that have PSH units in the order of when they were first developed and highlights those projects that are 100% PSH communities City Council 25 — 1 10/7/2025 Permanent Supportive Housing Inspections Work Study Session October 7, 2025 Page 2 (355 units) such as The Orchard, Heroes' Landing, Casa Querencia, Estrella Springs, WISEPIace, and FX Residences: Project Name Address # of PSH Total # of Units Units The Orchard* 2151 E 1st Street 72 72 Depot at Santiago 923 N Santiago Street 16 70 Santa Ana Arts Collective 1666 N Main Street 15 58 Heroes'Landin * 3314 W 1 st Street 75 75 Casa Querencia* 317 17th Street 56 56 Legacy Square 301 E Santa Ana Boulevard 33 93 Estrella Springs* 1108 N Harbor Boulevard 89 89 Archways 2530 Westminster Avenue 26 85 Crossroads at Washington 1146 E Washington Avenue 43 86 WISEPIace* 1411 N Broadway 47 47 FX Residences* 801 E Santa Ana Boulevard 16 16 TOTAL 488 747 *100% Permanent Supportive Housing Projects Current Inspection of Rental Housing Rental housing properties and units within the City are subject to inspections to ensure compliance with minimum health, safety, and welfare standards as required by State law and local ordinances. The City conducts two levels of inspections for publicly assisted housing units: 1. Santa Ana Housing Authority (SAHA) Inspections The Santa Ana Housing Authority administers federal rental assistance through the Housing Choice Voucher Program and Project-Based Voucher units and uses the National Standards for the Physical Inspection of Real Estate (NSPIRE) to evaluate the physical condition of housing. These standards emphasize health, safety, and functional concerns over cosmetic issues. SAHA's Residential Construction Specialists inspect units for: • Structural integrity: Sound walls, ceilings, and roofs free of major damage or leaks. • Essential utilities: Working plumbing (hot and cold water), sewage connections, and heating systems. • Safety and security: Smoke/carbon monoxide detectors, secure locks, and safe electrical systems. • Sanitation: Proper ventilation, waste disposal, and absence of pests. • Hazardous materials: Identification of exposed wiring, lead-based paint (in pre-1978 structures), and other health hazards. City Council 25 — 2 10/7/2025 Permanent Supportive Housing Inspections Work Study Session October 7, 2025 Page 3 SAHA currently employs one full-time and one part-time inspector responsible for annual inspections of both project-based and tenant-based voucher units. In addition to the annual inspections, SAHA staff also conducts the following inspections: • Pre-Contract Inspections: Before executing a PBV Housing Assistance Payments (HAP) contract, SAHA must inspect each contract unit to ensure it meets HUD's HQS/NSPIRE (24 CFR § 983.103(b)). The property owner cannot receive housing assistance payments for any unit until SAHA verifies it meets these standards. • Special and Complaint Inspections: SAHA must conduct an inspection whenever a participant reports a problem or submits a complaint about the condition of their unit (24 CFR § 983.103(f)). SAHA is responsible for determining if the issue violates HQS/NSPIRE and for requiring the owner to correct the deficiency. • Owner Non-Compliance: If an owner fails to maintain the unit in accordance with HQS/NSPIRE, SAHA must take prompt and appropriate action, which may include withholding or abating Housing Assistance Payments, or terminating the HAP contract for the affected unit(s) (24 CFR § 983.208). 2. Proactive Rental Enforcement Program (PREP) Inspections In addition to SAHA inspections, all rental units in the City, units within PSHs are subject to inspections under the City's Proactive Rental Enforcement Program (PREP) pursuant Division 2 of Article X of the Santa Municipal Code, which began in July 2016. PREP is a systematic code enforcement program by ordinance designed to identify and correct substandard housing conditions across all rental units. Code Enforcement staff conduct proactive inspections or in response to service calls to assess: • Threats to occupant safety • Threats to the structural integrity of the building • Negative impacts on surrounding neighborhoods All rental properties must register with the City and pay the associated PREP fee, which funds these inspections. Together, the SAHA inspections and the PREP inspections provide a two-tiered oversight system. Calls for Service and Oversight SAHA has modified its procedures to collect calls for service data from the Santa Ana Police Department ("SAPD") to monitor these PSH communities on a monthly basis and City Council 25— 3 10/7/2025 Permanent Supportive Housing Inspections Work Study Session October 7, 2025 Page 4 proactively maintain active communication with property owners, managers, and service providers. From July 1, 2024, to June 30, 2025, 100% PSH projects such as The Orchard (336 calls) and Casa Querencia (306 calls) generated a noticeable higher number of police and service calls compared to mixed-income PSH projects such as the Depot at Santiago (24 calls). Below are the calls for service at the following PSH communities in full operation from July 1, 2024 to June 30, 2025 (Archways, Estrella Springs, FX Residences, and WISEPlace are newly developed and do not have calls for service to analyze for this 1-year timeframe): Project Name Calls for Service The Orchard* 336 Depot at Santiago 24 Santa Ana Arts Collective 57 Heroes' Landing* 198 Casa Querencia* 306 Legacy Square 61 Crossroads at Washington 49 *100% Permanent Supportive Housing Projects The Orchard has had the most calls for service with a total of 336 calls for service. The Orchard was the location of the narcotic investigation and search warrant prompting the City Council's discussion. On September 3, 2025, SAPD conducted two separate narcotic investigations and search warrants related criminal investigation at the site. A review of the calls for service highlights a range of safety concerns that have been consistent for a 14-month period (July 2, 2024 — September 7, 2025). See summary of calls for service below: • Trespassing — 83 calls • Narcotic Activity— 69 calls • Disturbing the Peace —46 calls • Suspicious Circumstances — 45 calls • Welfare Checks — 31 calls • Domestic Violence — 11 calls • Warrants — 1 served on Feb. 20, 2025, and 2 served on Sep. 3, 2025 Options for Enhancing Monitoring and Oversight SAHA Ministerial and Administrative Inspection Option: In addition to the annual and administrative inspections available to the City under existing requirements and procedures as described above and in response to the recent concerns, SAHA has already taken actions modifying its procedures to increase monitoring and oversight of the PSHs. City Council 25 — 4 10/7/2025 Permanent Supportive Housing Inspections Work Study Session October 7, 2025 Page 5 Staff met with Community Development Partners (CDP), the property owner, and Mercy House, who provides the wrap-around supportive services for residents at The Orchard, on March 4, 2025 to discuss the calls for service and the SAPD enforcement actions at the Orchard. Following this meeting, SAHA issued Notices to Comply to CDP in March and April 2025. The Notices to Comply required a change in their property management company and mandated 24/7 on-site security. CDP added the 24/7 on-site security at the Orchard on April 7, 2025. On July 1, 2025, CDP changed their property management company from FPI to QMG. Mercy House's onsite case manager has increased communication with the property management company concerning issues with residents. SAHA staff has communicated clear expectations, monitored progress, and coordinated follow-up meetings with CDP at The Orchard and Casa Querencia (both 100% PSH) and will continue to work toward resolving these issues. SAHA revised procedures to allow increased monitoring and collection of calls for service data with the SAPD and Code Enforcement for all PSHs on a monthly basis. Similar to the increased monitoring of the Orchard, SAHA will conduct regular meetings with property owners, their property managers, and the groups providing the wrap- around services to residents in the PSHs. Public Nuisance Abatement Action: Under the current SAMC, the City has authority to inspect and take code enforcement actions on the property if necessary subject to applicable noticing requirements and due process and procedures. As added enforcement action, working with Code Enforcement, SAPD, and the City Attorney's Office, based on the number of calls for service, can evaluate the need to file a public nuisance and drug abatement action. This action mirrors current enforcement actions at several problem properties on East First Street and is subject to City Council approval. This action would be prompted solely on the risk-based inspections warranted by property conditions or risk factors, including criminal and narcotic activity, violation history, outstanding complaints, building condition, or the presence of vulnerable populations. City Council 25 — 5 10/7/2025 Permanent Supportive Housing Inspections Work Study Session October 7, 2025 Page 6 FISCAL IMPACT There is no fiscal impact associated with this action. Staff will further evaluate the need for any additional resources that may be necessary depending on direction provided by the City Council on requested inspection levels and abatement actions. EXHIBIT None. Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, City Manager City Council 25 — 6 10/7/2025 DRAFT Minutes of the Special Meeting of the Housing Authority Santa Ana, California nlr.)"W v August 19, 2025 CALL TO ORDER MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 10:29 P.M. ATTENDANCE Authority Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Thai Viet Phan Vice Chair Benjamin Vazquez Chair Valerie Amezcua City Manager Alvaro Nunez City Attorney Sonia R. Carvalho Recording Secretary Jennifer L. Hall ROLL CALL MINUTES: Secretary Jennifer L. Hall conducted Roll Call. Chair Amezcua, Vice Chair Vazquez, and Authority Members Bacerra, Hernandez, Lopez, Penaloza, and Phan were present. ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA MINUTES: None. HOUSING AUTHORITY 1 August 19, 2025 City Council 2 - 1 10/7/2025 PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: None. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. MINUTES:At 10:29 P.M., the Consent Calendar was considered. MOTION: Authority Member Hernandez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Authority Member Penaloza. The motion carried, 7-0, by the following roll call vote: AYES: AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER LOPEZ, AUTHORITY PENALOZA, AUTHORITY MEMBER PHAN, VICE CHAIR VAZQUEZ, CHAIR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 - Pass 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes from the Regular Adjourned and Special Meeting of July 15, 2025 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and Orangewood Foundation for Services Coordination for Transitional Age Youth and Former Foster Youth (Specification No. 25057A) Department(s): Community Development Agency Recommended Action: Approve and authorize the execution of an agreement between the City of Santa Ana, the Housing Authority of the City of Santa Ana, and HOUSING AUTHORITY 2 August 19, 2025 City Council 2 - 2 10/7/2025 Orangewood Foundation to provide services coordination for transitional age youth and former foster youth, aged 18 through 24, who are experiencing homelessness or at risk of homelessness and who have been matched with a Foster Youth to Independence voucher, in an amount not to exceed $632,839, for a three-year term beginning August 19, 2025, and expiring August 18, 2028, with the option for a one-year extension. (Agreement No. A-2025-137) (related to City Council Agenda Item No. 14) **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT—Adjourn the Housing Authority meeting. MINUTES: Chair Amezcua adjourned the Housing Authority Meeting at 10:30 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC Secretary HOUSING AUTHORITY 3 August 19, 2025 City Council 2 - 3 10/7/2025 Community Development Agency www.santa-ana.org/cd Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Section Eight Management Assessment Program High Performer Certification AGENDA TITLE Section Eight Management Assessment Program High Performer Certification for Fiscal Year Ending June 30, 2025 RECOMMENDED ACTION Receive and file the Section Eight Management Assessment Program High Performer Certification for Fiscal Year Ending June 30, 2025. GOVERNMENT CODE 484308 APPLIES: No DISCUSSION For the eighth consecutive year, the Housing Authority of the City of Santa Ana (SAHA) has been designated a High Performer by the U.S. Department of Housing and Urban Development (HUD) under the Section Eight Management Assessment Program (SEMAP). This prestigious designation recognizes SAHA as one of the nation's top- performing public housing authorities in administering the Housing Choice Voucher Program. It reflects the dedication and expertise of SAHA staff in delivering high-quality housing assistance to the community's most vulnerable residents. SEMAP is HUD's performance management system for evaluating the management and administration of the Housing Choice Voucher Program. It measures efficiency, regulatory compliance, and program quality across 14 performance indicators, including waiting list management, determination of adjusted income, inspections, utilization, and family self-sufficiency. In general, SEMAP is HUD's framework for monitoring and measuring the performance of public housing authorities. Public housing authorities (PHAs) that score above 90% are designated as High Performers while those that score below 60% are designated as Troubled and placed under HUD oversight. SAHA's SEMAP score for Fiscal Year Ending (FYE) June 30, 2025 was 90%. SAHA earned perfect scores in 10 out of the 14 SEMAP performance indicators. To achieve this success, since July 2015, SAHA has maintained a quality control program that exceeds HUD's minimum performance management requirements for SEMAP, demonstrating a commitment to program integrity and service excellence. For example, to measure performance under SEMAP Indicator# 3 (Determination of Adjusted City Council 3 - 1 10/7/2025 Section Eight Management Assessment Program High Performer Certification October 7, 2025 Page 2 Income), staff audited 432 randomly selected tenant files, equal to 12 times the number of files that HUD requires staff to audit. This extraordinary effort ensures accurate housing assistance calculations for every family served. Program utilization stands out as another key SEMAP performance indicator of the SAHA's success and serves as a vital measure of how effectively staff utilizes available funding to provide housing assistance to vulnerable families in the community. For SEMAP indicator# 13 (Lease-Up), SAHA utilized 106.4% of its Budget Authority in Calendar Year 2024 ("Budget Authority" is the amount of funds provided by HUD each Calendar Year). The excess above 100% is covered by housing assistance payments (HAP) reserves and recuperated the following year with additional funds authorized by HUD. Over the last five years, sustained efforts to utilize and maximize available funds have increased rental assistance funding for residents by more than $15 million: Calendar Total Budget Authority Allocated Budget HAP Expense as Year Expended Authority % of Eligibility (HAP Expense) (Eligibility) 2020 $36,624,763 $35,819,279 102.2% 2021 $39,417,200 $38,739,843 101.7% 2022 $42,392,321 $40,497,979 104.7% 2023 $47,195,265 $45,630,128 103.4% 2024 $52,303,277 $49,152,885 106.4% The Family Self-Sufficiency (FSS) program also continues to excel, and over the last four (4) years, participation in the program has increased with enrollment at 263% of the mandatory requirement by HUD. This underscores SAHA's commitment to helping families achieve economic independence. _v•v iva r, ors _U22 2023 2024 2025 F55 PARTICIPAWS City Council 3 - 2 10/7/2025 Section Eight Management Assessment Program High Performer Certification October 7, 2025 Page 3 FSS participants sign a 5-Year Contract of Participation, work toward goals for self- sufficiency and employment, and strive to graduate by completing their contract goals and maintaining self-sufficiency without assistance for a year. Over the last five (5) years, 45 families have successfully graduated from the FSS program. As the family's income increases, a portion of that increase is deposited into an interest-bearing escrow account that they receive (with the accumulated interest) upon graduation. Most recently, a graduation ceremony was held at the WORK Center in September to celebrate 13 new graduates from the program. This High Performer designation underscores SAHA's leadership among public housing authorities across the country. By exceeding utilization, maintaining strict quality controls, and investing in family self-sufficiency, SAHA provides a local model of excellence. For the community, this translates into more families housed, accurate housing assistance payments for each family, higher quality units maintained, and residents moving toward economic independence. FISCAL IMPACT There is no fiscal impact associated with this item. EXHIBIT(S) 1. Housing Authority of the City of Santa Ana SEMAP Score for FYE June 2025 2. SEMAP Certification for FYE June 2025 Submitted By: Michael L. Garcia, Executive Director, Community Development Agency Approved By: Alvaro Nunez, City Manager City Council 3 - 3 10/7/2025 EXHIBIT 1 PteeNr°F U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT q 300 North Los Angeles Street,Suite 4054 ZG IIIIIIII �� Los Angeles,CA 90012 9e4N 1)EV*-'°G OFFICE OF PUBLIC HOUSING September 19, 2025 Mr. Judson Brown Executive Director Housing Authority of the City of Santa Ana 20 Civic Center Plaza, M-27 Santa Ana, CA 92701 Dear Mr. Brown: Thank you for completing your Section 8 Management Assessment Program (SEMAP) certification for the Housing Authority of the City of Santa Ana. We appreciate your time and attention to the SEMAP assessment process. SEMAP enables HUD to better manage the Section 8 tenant-based program by identifying PHA capabilities and deficiencies related to the administration of the Section 8 program. As a result, HUD will be able to provide more effective program assistance to PHAs. The Housing Authority of the City of Santa Ana's final SEMAP score for the fiscal year ended 6/30/2025 is 130. The following are your scores on each indicator: Indicator 1 Selection from Waiting List(24 CFR 982.54(d)(land 982.204(a)) 15 Indicator 2 Reasonable Rent (24 CFR982.4, 982.54(d)(15), 982.158(f)(7) and 982.507) 20 Indicator 3 Determination of Adjusted Income (24 CFR part 5, subpart F and 24 CFR 982.516) 15 Indicator 4 Utility Allowance Schedule (24 CFR 982.517) 5 Indicator 5 HQS Quality Control (24 CFR 982.405(b)) 5 Indicator 6 HQS Enforcement(24 CFR 982.404) 0 Indicator 7 Expanding Housing Opportunities 5 Indicator 8 Payment Standards (24 CFR 982.503) 5 Indicator 9 Timely Annual Reexaminations (24 CFR 5.617) 10 Indicator 10 Correct Tenant Rent Calculations (24 CFR 982, Subpart K) 5 Indicator 11 Pre-Contract HQS Inspections (24 CFR 982.305) 5 Indicator 12 Annual HQS Inspections (24 CFR 982.405(a)) 10 Indicator 13 Lease-Up 20 Indicator 14 Family Self-Sufficiency(24 CFR 984.105 and 984.305) 10 Indicator 15 Deconcentration Bonus N/A Your overall performance rating is High. Your PHA has earned a total of 130 points out of 145 possible points. City Council 3 - 4 10/7/2025 EXHIBIT 1 Thank you for your cooperation with the SEMAP process. Should you have any questions regarding this matter,please contact Liseth Aguilera, Portfolio Management Specialist, at(213) 534- 2595 or Liseth. A ui_ui_ l�eraghud._og_v. Sincerely, `1�11�a�6f Rudy Rodriguez Division Director Office of Public Housing City Council 3 - 5 10/7/2025 EXHIBIT 2 Section 8 Management Assessment U.S. Department of Housing OMB Approval No. 2577-0215 and Urban Development (exp. 12/31/2026) Program (SEMAP) Offi ce of Public and Indian Housing Certification Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not conduct or sponsor,and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency(PHA)administering a Section 8 tenant-based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess PHA management capabilities and deficiencies,and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality. Instructions Respond to this certification form using the PHA's actual data for the fiscal year just ended. PHA Name For PHA FY Ending(mm/dd/yyyy) Submission Date(mm/dd/yyyy) Housing Authority of the City of Santa Ana 06/30/2025 08/25/2025 Check here if the PHA expends less than$300,000 a year in Federal awards Indicators 1 -7 will not be rated if the PHA expends less than$300,000 a year in Fe era awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators. Performance Indicators 1. Selection from the Waiting List. (24 CFR 982.54(d)(1)and 982.204(a)) (a) The PHA has written policies in its administrative plan for selecting applicants from the waiting list. PHA Response Yes 0 No F7 (b) The PHA's quality control samples of applicants reaching the top of the waiting list and of admissions show that at least 98%of the families in the samples were selected from the waiting list for admission in accordance with the PHA's policies and met the selection criteria that determined their places on the waiting list and their order of selection. PHA Response Yes 0 No El 2. Reasonable Rent. (24 CFR 982.4,982.54(d)(15), 982.158(f)(7)and 982.507) (a)The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units(i)at the time of initial leasing,(ii)before any increase in the rent to owner,and(iii)at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units, and any amenities, housing services, maintenance or utilities provided by the owners. PHA Response Yes No F1 (b) The PHA's quality control sample of tenant files for which a determination of reasonable rent was required shows that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for(check one): PHA Response a At least 98%of units sampled EJ 80 to 97%of units sampled El Less than 80%of units sampled 3. Determination of Adjusted Income. (24 CFR part 5,subpart F and 24 CFR 982.516) The PHA's quality control sample of tenant files shows that at the time of admission and reexamination,the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available;used the verified information in determining adjusted income;properly attributed allowances for expenses;and,where the family is responsible for utilities under the lease,the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for(check one): PHA Response 1-1 At least 90%of files sampled 80 to 89%of files sampled Less than 80%of files sampled 4. Utility Allowance Schedule. (24 CFR 982.517) The PHA maintains an up-to-date utility allowance schedule. The PHA reviewed utility rate data that it obtained within the last 12 months,and adjusted its utility allowance schedule if there has been a change of 10%or more in a utility rate since the last time the utility allowance schedule was revised. PHA Response Yes 0 No a 5. HQS Quality Control Inspections. (24 CFR 982.405(b)) A PHA supervisor(or other qualified person)reinspected a sample of units during the PHA fiscal year,which met the minimum sample size required by HUD(see 24 CFR 985.2),for quality control of HQS inspections. The PHA supervisor's reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of a cross section of inspectors. PHA Response Yes a No E] 6. HQS Enforcement. (24 CFR 982.404) The PHA's quality control sample of case files with failed HQS inspections shows that,for all cases sampled,any cited life-threatening HQS deficiencies were corrected within 24 hours from the inspection and,all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA-approved extension,or,if HQS deficiencies were not corrected within the required time frame,the PHAstopped housing assistance payments beginning no later than the first of the month following the correction period,or took prompt and vigorous action to enforce the family obligations for(check one): PHA Response F] At least 98%of cases sampled 2(1 Less than 98%of cases sampled Previous edition i I *-wQ WI WI r2648(01/2024) Council Page 1 of 4 3 - 6 10/7/2K,54 CFR Part 985 EXHIBIT 2 7. Expanding Housing Opportunities. (24 CFR 982.54(d)(5),982.153(b)(3)and(b)(4),982.301(a)and 983.301(b)(4)and(b)(12)). Applies only to PHAs with jurisdiction in metropolitan FMR areas. Check here if not applicable (a) The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation. PHA Response Yes F1(I No F (b)The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration. PHA Response Yes F'( No F1 (c) The PHA has prepared maps that show various areas,both within and neighboring its jurisdiction,with housing opportunities outside areas of poverty and minority concentration;the PHA has assembled information about job opportunities,schools and services in these areas;and the PHA uses the maps and related information when briefing voucher holders. PHA Response Yes F71 No F1 (d) The PHA's information packet for voucher holders contains either a list of owners who are willing to lease,or properties available for lease,under the voucher program,or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration. PHA Response Yes EV-1 No (e) The PHA's information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name,address and telephone number of a portability contact person at each. PHA Response Yes FV1 No (f) The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and,where such difficulties were found,the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary. PHA Response Yes a No 8. Payment Standards. The PHA has adopted payment standards schedule(s)in accordance with§982.503. PHA Response Yes F,/1 No Enter FMRs and payment standards(PS) 0-BR FMR $2,352_ 1-BR FMR_$2,454 2-13R FMR $2,903_ 3-BR FMR _$3.927_ 4-BR FMR _$4,693 PS $2,211 PS $2,307 PS $2.729 PS $3.691 PS $4.411 If the PHA has jurisdiction in more than one FMR area,and/or if the PHA has established separate payment standards for a PHA-designated part of an FMR area,attach similar FMR and payment standard comparisons for each FMR area and designated area. 9. Annual Reexaminations. The PHA completes a reexamination for each participating family at least every 12 months. (24 CFR 982.516) PHA Response Yes IZI No 10. Correct Tenant Rent Calculations. The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program. (24 CFR 982, Subpart K) PHA Response Yes 171 No El 11. Initial HQS Inspections. Newly leased units pass HQS inspection within the time period required.This includes both initial and turnover inspections for the PBV program.(24 CFR 982.305;983.103(b)-(d)). PHA Response Yes IZI No = 12 Periodic HQS Inspections. The PHA has met its periodic inspection requirement for its units under contract(982.405 and 983.103(e)). PHA Response Yes L r_.J No = 13. Lease-Up. The PHA executes housing assistance contracts for the PHA's number of baseline voucher units,or expends its annual allocated budget authority. PHA Response Yes a No = 14a. Family Self-Sufficiency Enrollment. The PHA has enrolled families in FSS as required. (24 CFR 984.105) Applies only to PHAs required to administer an FSS program. Check here if not applicable PHA Response a. Number of mandatory FSS slots(Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project-based contract terminations; public housing demolition, disposition and replacement; HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3);and Section 8 renewal funding. Subtract the number of 51 families that successfully completed their contracts on or after 10/21/1998.) 0 or,Number of mandatory FSS slots under HUD-approved exception `--m""^ 62648(01/2024) Previous edition iV`f 'Cbuncl1 Page 2 of 4 3 - 7 1 0/7/2K.54 CFR Part 985 EXHIBIT 2 b. Number of FSS families currently enrolled 134 c. Portability: If you are the initial PHA,enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled(b+c divided by a) 263.00 14b. Percent of FSS Participants with Escrow Account Balances. The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances. (24 C FR984.305) Applies only to PHAs required to administer an FSS program. Check here if not applicable FI PHA Response Yes F No Ll 6 9 Portability: If you are the initial PHA,enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Deconcentration Bonus Indicator (Optional and only for PHAs with jurisdiction in metropolitan FMR areas). The PHA is submitting with this certification data which show that: (1) Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY, (2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area during the last PHA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FYI or (3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area over the last two PHA FYs is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY. PHA Response Yes F1 No 0 If yes,attach completed deconcentration bonus indicator addendum. I hereby certify under penalty of perjury that,to the best of my knowledge,the above responses are true and correct for the PHA fiscal year indicated above. I also certify that,to my present knowledge,there is not evidence to indicate seriously deficient performance that casts doubt on the PHA's ca ity to administer Section 8 rental assistance in accordance with Federal law and regulations. Warning: Anyone who knowingly submits a false claim or makes a false statement is subject to criminal a civil penalties,inclu ' g confinement for up to 5 years,fines,and civil and administrative penalties. (18 U.S.0 .§§287, 1001, 1010, 1012, 1014,31 U . .§37 ,3802). Executive Director, signature /` Chairperson Bo d of Commis loners, signat e Date (mm/dd/yyyy) 08/25/2025 Da �dd/yy) 08/25/2025 The PHA may include with its SEMAP certification any information bearing on the accuracy oness of the information used by the PHA in providing its certification. 'o'F~W"^62648(01/2024) Previous edition iUW'ftuncil Page 3 of 4 3 — 8 1 0/7/2&254 C FRPart 985 EXHIBIT 2 SEMAP Certification - Addendum for Reporting Data for Deconcentration Bonus Indicator Date (mm/dd/yyyy) PHA Name Principal Operating Area of PHA ______ (The geographic entity for which the Census tabulates data) Special Instructions for State or regional PHAs Complete a copyof this addendum for each metropolitan area or portion of metropolitan area(Le.,principal operating areas)where the PHA has assisted 20 or more Section 8 families with children in the last completed PHA FY. HUD will rate the areas separately and the separate ratings will then be weighted by the number of assisted families with children in each area and averaged to determine bonus points. 2020 Census Poverty Rate of Principal Operating Area Criteria to Obtain Deconcentration Indicator Bonus Points To qualify for bonus points,a PHA must complete the requested information and answer yes for only one of the 3 criteria below. However, State and regional PHAs must always complete line 1)b for each metropolitan principal operating area. 1) a. Number of Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY who live in low poverty census tracts. A low poverty census tract is a tract with a poverty rate at or below the overall poverty rate for the principal operating area of the PHA,or at or below 10%whichever is greater. b. Total Section 8 families with children assisted by the PHA in its principal operating area at the end of the last PHA FY. c. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last PHA FY(line a divided by line b). Is line c 50%or more? Yes No 2) a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the last completed PHA FY. b. Number of Section 8 familieswith children who moved to low poverty census tracts during the last completed PHA FY. c. Number of Section 8 families with children who moved during the last completed PHA FY. d. Percent of all Section 8 mover families with children who moved to low poverty census tracts during the last PHA fiscal year(line b divided by line c). Is line d at least two percentage points higher than line a? Yes 0 No 17 3) a. Percent of all Section 8 families with children residing in low poverty census tracts in the PHA's principal operating area at the end of the second to last completed PHA FY. b. Number of Section 8families with children who moved to low poverty census tracts during the last two completed PHA FYs. c. Number of Section 8 families with children who moved during the last two completed PHA FYs. d. Percent of all Section 8 moverfamilies with children who moved to low poverty census tracts overthe lasttwo completed PHA FYs(line b divided by line c). Is line d at least two percentage points higher than line a? Yes F7 No 0 If one of the 3 criteria above is met,the PHA may be eligible for 5 bonus points. See instructions above concerning bonus points for State and regional PHAs. Fel 2648(01/2024) Previous edition iUT'Lyltteounci1 3 - 9 10/7/20254 CFR Part 985